40 CFR Part 51, Subpart I - Review of New Sources and Modifications

In this final rule and notice of availability, the Environmental Protection Agency (EPA) is revising the requirements for how state and tribal implementation plans (hereinafter, collectively referred to as SIPs) under the Clean Air Act (CAA) are required to be submitted to the EPA. Specifically, we are providing state, local and tribal air agencies (hereinafter, collectively referred to as states or air agencies) an option to submit SIPs, including any necessary supporting documents, using our new electronic SIP (eSIP) submission system, which is web-based. We are providing notification that electronic submission via the eSIP submission system is now our preferred method for air agencies to make SIP submissions, and that if a SIP submission is made through the eSIP submission system, all documents transmitted through the system will be considered part of the official SIP submission from the air agency. We are also simplifying submission requirements for those air agencies that still wish to make paper submissions by reducing the number of paper copies required, and providing non-binding guidelines for SIP submissions that will aid in SIP processing.

The Environmental Protection Agency (EPA) is amending the Code of Federal Regulations (CFR) to correctly reflect the compliance deadlines for the Cross-State Air Pollution Rule (CSAPR) as revised by the effect of the action of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit or Court) granting the EPA's motion to lift the previous stay of CSAPR and delay (toll) its deadlines by three years. With these ministerial amendments, the CFR text will correctly indicate that CSAPR's Phase 1 emissions budgets apply in 2015 and 2016 and that CSAPR's Phase 2 emissions budgets and assurance provisions apply in 2017 and beyond. The ministerial amendments similarly correct dates in the CFR text related to specific activities required or permitted under CSAPR by regulated sources, the EPA, and states, as well as dates related to the sunsetting of the Clean Air Interstate Rule (CAIR) upon its replacement by CSAPR. The amendments are necessary to clarify the timing of requirements and elections under CSAPR as shown in the CFR text so that compliance can begin in an orderly manner on January 1, 2015, consistent with the Court's order. The EPA is also taking comment on the amendments being made in this interim final rule and will consider whether to retain these revisions as promulgated or whether further revisions are necessary to make the CSAPR compliance deadlines consistent with the Court's order.

In this final rule and notice of availability, the Environmental Protection Agency (EPA) is revising the requirements for how state and tribal implementation plans (hereinafter, collectively referred to as SIPs) under the Clean Air Act (CAA) are required to be submitted to the EPA. Specifically, we are providing state, local and tribal air agencies (hereinafter, collectively referred to as states or air agencies) an option to submit SIPs, including any necessary supporting documents, using our new electronic SIP (eSIP) submission system, which is web-based. We are providing notification that electronic submission via the eSIP submission system is now our preferred method for air agencies to make SIP submissions, and that if a SIP submission is made through the eSIP submission system, all documents transmitted through the system will be considered part of the official SIP submission from the air agency. We are also simplifying submission requirements for those air agencies that still wish to make paper submissions by reducing the number of paper copies required, and providing non-binding guidelines for SIP submissions that will aid in SIP processing.

The Environmental Protection Agency (EPA) is proposing to amend the EPA's regulatory definition of volatile organic compounds (VOCs) under the Clean Air Act (CAA). The regulatory definition of VOCs currently excludes t-butyl acetate (also known as tertiary butyl acetate or TBAC; CAS NO: 540-88-5) for purposes of VOC emissions limitations or VOC content requirements on the basis that it makes a negligible contribution to tropospheric ozone formation. However, the current definition includes TBAC as a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOCs. The regulatory definition requires that TBAC be uniquely identified in emission reports. TBAC is used as a solvent in paints, inks and adhesives, in which it substitutes for compounds that are regulated as VOCs. This proposed action would remove recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements related to the use of TBAC as a VOC. The EPA has concluded that these requirements are not resulting in useful information. Furthermore, there is no evidence that TBAC is being used at levels that would cause concern for ozone formation. As these requirements are unnecessary and can be burdensome for states and industry, we are proposing to revoke these requirements and exclude TBAC from the regulatory definition of VOCs for all purposes. Note that the EPA is not reconsidering its determination that TBAC is “negligibly reactive” with respect to ground-level ozone formation.

The Environmental Protection Agency (EPA) is announcing three public hearings for the proposed rule titled, “National Ambient Air Quality Standards for Ozone,” that was published in the Federal Register on December 17, 2014. The hearings will be held in Washington, DC, Arlington, Texas, and Sacramento, California. Based on its review of the air quality criteria for ozone (O 3 ) and related photochemical oxidants and national ambient air quality standards (NAAQS) for O 3, the EPA proposes to make revisions to the primary and secondary NAAQS for O 3 to provide requisite protection of public health and welfare, respectively. The EPA is proposing to revise the primary standard to a level within the range of 0.065 to 0.070 parts per million (ppm), and to revise the secondary standard to within the range of 0.065 to 0.070 ppm, which air quality analyses indicate would provide air quality, in terms of 3-year average W126 index values, at or below a range of 13-17 ppm-hours. The EPA proposes to make corresponding revisions in data handling conventions for O 3 and conforming changes to the Air Quality Index; to revise regulations for the Prevention of Significant Deterioration program to add a transition provision for certain applications; and to propose schedules and convey information related to implementing any revised standards. The EPA is proposing changes to the O 3 monitoring seasons, the Federal Reference Method (FRM) for monitoring O 3 in the ambient air, Federal Equivalent Method procedures for testing, and the Photochemical Assessment Monitoring Stations network. Along with proposing exceptional event schedules related to implementing any revised O 3 standards, the EPA is proposing to apply this same schedule approach to other future revised NAAQS and to remove obsolete regulatory language for expired exceptional event deadlines. The EPA is proposing to make minor changes to the procedures and time periods for evaluating potential FRMs and equivalent methods (including making the requirements for nitrogen dioxide consistent with the requirements for O 3 ) and to remove an obsolete requirement for the annual submission of documentation by manufacturers of certain particulate matter monitors.

Based on its review of the air quality criteria for ozone (O 3 ) and related photochemical oxidants and national ambient air quality standards (NAAQS) for O 3, the Environmental Protection Agency (EPA) proposes to make revisions to the primary and secondary NAAQS for O 3 to provide requisite protection of public health and welfare, respectively. The EPA is proposing to revise the primary standard to a level within the range of 0.065 to 0.070 parts per million (ppm), and to revise the secondary standard to within the range of 0.065 to 0.070 ppm, which air quality analyses indicate would provide air quality, in terms of 3-year average W126 index values, at or below a range of 13-17 ppm-hours. The EPA proposes to make corresponding revisions in data handling conventions for O 3 and conforming changes to the Air Quality Index (AQI); to revise regulations for the prevention of significant deterioration (PSD) program to add a transition provision for certain applications; and to propose schedules and convey information related to implementing any revised standards. The EPA is proposing changes to the O 3 monitoring seasons, the Federal Reference Method (FRM) for monitoring O 3 in the ambient air, Federal Equivalent Method (FEM) procedures for testing, and the Photochemical Assessment Monitoring Stations (PAMS) network. Along with proposing exceptional event schedules related to implementing any revised O 3 standards, the EPA is proposing to apply this same schedule approach to other future revised NAAQS and to remove obsolete regulatory language for expired exceptional event deadlines. The EPA is proposing to make minor changes to the procedures and time periods for evaluating potential FRMs and equivalent methods (including making the requirements for nitrogen dioxide consistent with the requirements for O 3 ) and to remove an obsolete requirement for the annual submission of documentation by manufacturers of certain particulate matter monitors. For additional information, see the Executive Summary, section I.A.

The Environmental Protection Agency (EPA) is amending the Code of Federal Regulations (CFR) to correctly reflect the compliance deadlines for the Cross-State Air Pollution Rule (CSAPR) as revised by the effect of the action of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit or Court) granting the EPA's motion to lift the previous stay of CSAPR and delay (toll) its deadlines by three years. With these ministerial amendments, the CFR text will correctly indicate that CSAPR's Phase 1 emissions budgets apply in 2015 and 2016 and that CSAPR's Phase 2 emissions budgets and assurance provisions apply in 2017 and beyond. The ministerial amendments similarly correct dates in the CFR text related to specific activities required or permitted under CSAPR by regulated sources, the EPA, and states, as well as dates related to the sunsetting of the Clean Air Interstate Rule (CAIR) upon its replacement by CSAPR. The amendments are necessary to clarify the timing of requirements and elections under CSAPR as shown in the CFR text so that compliance can begin in an orderly manner on January 1, 2015, consistent with the Court's order. The EPA is also taking comment on the amendments being made in this interim final rule and will consider whether to retain these revisions as promulgated or whether further revisions are necessary to make the CSAPR compliance deadlines consistent with the Court's order.

The Environmental Protection Agency (EPA) is approving and announcing the availability of the Motor Vehicle Emissions Simulator model (MOVES2014) for official use outside of California. MOVES2014 is the latest state-of-the art upgrade to EPA's modeling tools for estimating emissions from cars, trucks, buses, and motorcycles, based on the latest data and regulations. MOVES2014 is approved for use in state implementation plans (SIPs) and transportation conformity analyses outside of California. This notice starts a two-year grace period before the MOVES2014 emission model is required to be used in new regional emissions analyses and new hot-spot analyses for transportation conformity determinations outside of California.

The Environmental Protection Agency (EPA) is providing notice that it has responded to a petition for reconsideration and amended rulemaking of certain provisions of the final rule, “Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 )—Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC),” published on October 20, 2010. The final rule set forth provisions identifying the maximum allowable increases in ambient pollutant concentrations (“increments”) for PM 2.5 , modifying the definitions for the baseline dates and the baseline area, and adding two screening tools known as SILs and an SMC for PM 2.5 . On December 23, 2013, the EPA received a petition for reconsideration pursuant to the Clean Air Act (CAA) and for an amended rulemaking pursuant to the Administrative Procedures Act, from the state of North Carolina. The EPA considered the petition for reconsideration and amended rulemaking, along with information contained in the rulemaking docket, in reaching a decision on the petition. The EPA Administrator Gina McCarthy denied the petition for reconsideration and amended rulemaking in a letter to the Attorney General of North Carolina dated August 28, 2014. The letter documents the EPA's reasons for the denial and can be found in the rulemaking docket.