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nization which, in his or her opinion, is most capable of completing the required plan revisions.
The governor may designate a state, local, or regional agency, but that designation shall be in accordance with the joint determination of responsibilities required by section 174 of the Clean Air Act amendments and discussed in the following section of these guidelines. In making a designation, the governor shall take into consideration any on-going process of local designation in existence on February 7, 1978, even though no formal agreement among local governments has been reached.
The governor shall submit to the Administrator of the EPA by April 1, 1978, through the appropriate EPA regional office, a list of all organizations or agencies certified or designated within the state, a description of the geographic jurisdictions of these organizations and agencies, and a general description of their responsibilities. Regardless of the agency finally designated or certified, the decisions should reflect an examination of all reasonable alternatives for consolidation of environmental and other planning functions. The submission should include a brief discussion of the alternatives investigated and the basis for the ultimate choice. If the organization designated or certified by the governor is not one of the organizations encouraged by the amendments and by the Administrator in these guidelines, the reasons that such an organization should not have the lead responsibility for planning should be specifically addressed. More detailed descriptions, including documentation of the consultation that oCcurred, shall be submitted by January 1, 1979 with the implementation plan revision.
3. JOINT DETERMINATION OF
RESPONSIBILITIES 3.1 Joint Determination Process.
The determination of responsibilities made jointly by state and local elected offi. cials will necessarily have to be relatively general for many areas. The nature and extent of the air quality problem may not be adequately defined by the February 7, 1978 deadline specified in the amendments. In addition, the planning process guidelines for photochemical oxidant and carbon monoxide nonattainment areas, required to be prepared by the EPA also by February 7, will not be available for consideration in the joint determinations. The nature of the process recommended in the EPA guidelines should influence the ultimate determination of responsibilities.
Because agency responsibilities, especially for plan implementation and enforcement, will undoubtedly change or become more specific by the time a plan revision is actual. ly submitted to the EPA for approval, the
determination of responsibilities should be viewed as a process, the first phase of which is to be completed by February 7, 1978. The final product of the joint determination process should be included as part of the plan revision submitted by January 1, 1979. Possible steps in this phased process are set forth below. Because institutional arrangements differ from region to region and from State to State, specification of a generally applicable process for joint state-local determination of agency responsibilities is not possible.
Many State and local governments al. ready have initiated such a process. As long as the approach taken provides for substantial involvement of all parties—local governments, regional agencies, and states—and results in the identification of agencies and responsibilities as described in these guidelines, such an existing process is sufficient to meet the requirements of section 174(a). The activities described in the following section should be completed by February 7, 1978 to comply with the requirements of section 174. 3.2 Notification of Affected Governmental Organizations.
The state should, by correspondence or other established notification procedures, ensure that all affected governmental organizations within the nonattainment region are informed of the purpose and schedule of the joint determination process. In many instances, an entire state may be designated as a nonattainment area for photochemical oxidants. However, many control strategies will still generally focus on urban regions. As a minimum, the following organizations should be notified in each region:
a. General purpose local governments.
b. Organizations of local elected officials (including all metropolitan planning organizations).
c. Air pollution control agencies (including the agency or agencies responsible for air quality maintenance planning).
d. Areawide A-95 clearinghouses.
e. Areawide and statewide water quality planning agencies designated under section 208 of the Federal Water Pollution Control Act.
f. Areawide solid waste management agencies.
g. Areawide comprehensive planning agencies.
h. Coastal management agencies.
i. Interested citizen groups. 3.3 Establishment of a Determination Process.
The State should ensure the establishment of a process for determination of agency responsibilities that will provide State and local elected officials of all major political subdivisions within a region with
an opportunity for substantial involvement and that will enable the concerns of these officials to be adequately addressed. This may be done through a variety of mechanisms including the establishment of task forces with State and local government representatives and the use of public meetings or hearings with elected officials of all major general purpose local governments within the affected regions invited. Where appropriate, existing forums such as meetings of organizations of local elected officials or meetings of air quality maintenance policy advisory groups should be used in the determination process.
All State and local officials participating in the determination of agency responsibilities should have the opportunity to propose agencies and their respective functions. All proposals should be made available to affected agencies and the general public for comment. 3.4 Formal Indentification of Responsibilities.
The initial joint determination of responsibilities shall at a minimum establish which level of government (although not necessarily the specific agency)—the state, local governments, regional agencies or any combination of these-shall be responsible for:
(1) The development of an accurate, comprehensive, and current emission inventory; (2) the completion of an air quality analysis, using modeling techniques, to determine the level of control needed to attain standards; and (3) the evaluation and selection of control strategies for mobile sources, point sources, and area sources. An initial assignment of responsibilities for implementation and enforcement must be considered. However, it is expected that the final determination of such responsibilities will occur after the measures to be included in the plan revi. sion have been relatively well defined.
When agreement reached among the state and the participating local elected officials, memoranda of understanding or other comparable joint acknowledgements of responsibilities should be signed. Because duties and responsibilities for implementation and enforcement of plan revisions may change as development of the plan revisions proceeds, the determination of agency responsibilities need not be incorporated in the State implementation plan until the revisions are submitted for federal approval. The initial determination of responsibilities made by February 7, 1978, to meet the requirements of section 174, should be submitted by April 1, 1978, to the EPA with the certifications of lead planning organizations discussed in section 2 of these guidelines.
“Sec. 174. (a) Within six months after the enactment of the Clean Air Act Amend. ments of 1977, for each region in which the national primary ambient air quality standard for carbon monoxide or ozone will not be attained by July 1, 1979, the State and elected officials of affected local governments shall jointly determine which elements of a revised implementation plan will be planned for and implemented or enforced by the State and which such elements will be planned for and implemented or enforced by local governments or regional agencies, or any combination of local governments, regional agencies, or the State. Where possible within the time required under this subsection, the implementation plan required by this part shall be prepared by an organization of elected officials of local governments designated by agreement of the local governments in an affected area, and certified by the State for this purpose. Where such an organization has not been designated by agreement within six months after the enactment of the Clean Air Act Amendments of 1977, the Governor (or, in the case of an interstate area, Governors), after consultation with elected officials of local governments, and in accordance with the determination under the first sentence of this paragraph, shall designate an organization of elected officials of local governments in the affected area or a State agency to prepare such plan. Where feasi. ble, such organization shall be the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area under section 134 of Title 23, United States Code, or the organi. zation responsible for the air quality maintenance planning process under regulations implementing this section, or the organization with both responsibilities.
(b) The preparation of implementation plan provisions under this part shall be coordinated with the continuing, cooperative, and comprehensive transportation planning process required under section 134 of Title 23, United States Code, and the air quality maintenance planning process required under section 110, and such planning processes shall take into account the requirements of this part. (Secs. 110, 121, 174(a), 301(a), Clean Air Act, as amended (42 U.S.C. 7410, 7421, 7504, and 7601(a))) [44 FR 35181, June 18, 1979)
APPENDIX V TO PART 51-CRITERIA FOR
DETERMINING THE COMPLETENESS OF PLAN SUBMISSIONS
1.0. Purpose This appendix V sets forth the minimum criteria for determining whether a State implementation plan submitted for consideration by EPA is an official submission for purposes of review under $ 51.103.
1.1. The EPA shall return to the submitting official any plan or revision thereof which fails to meet the criteria set forth in this appendix V, or otherwise request corrective action, identifying the component(s) absent or insufficient to perform a review of the submitted plan.
1.2. The EPA shall inform the submitting official when a plan submission meets the requirements of this appendix V; such determination means that the submission is an official submission for purposes of section 51.103.
(d) A copy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, where applicable. The submittal shall be a copy of the official State regulation /document signed, stamped, dated by the appropriate State of. ficial indicating that it is fully enforceable by the State. The effective date of the regu. lation/document shall, whenever possible, be indicated in the document itself.
(e) Evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance of the plan.
(f) Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice.
(g) Certification that public hearings(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable.
(h) Compilation of public comments and the State's response thereto.
2.2. Technical Support
(a) Identification of all regulated pollutants affected by the plan.
(b) Identification of the locations of af. fected sources including the EPA attain. ment/nonattainment designation of the locations and the status of the attainment plan for the affected areas(s).
(c) Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision.
(d) The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented.
(e) Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used, justifi. cation for use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determi. nation of adequacy of the modeling analy. sis.
(f) Evidence, where necessary, that emission limitations are based on continuous emission reduction technology.
2.0. Criteria The following shall be included in plan submissions for review by EPA:
2.1. Administrative Materials
(a) A formal letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision thereof (hereafter “the plan").
(b) Evidence that the State has adopted the plan in the State code or body of gula tions; or issued the permit, order, consent agreement (hereafter “document”) in final form. That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance date.
(c) Evidence that the State has the necessary legal authority under State law to adopt and implement the plan.
(g) Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels.
(h) Compliance/enforcement strategies, including how compliance will be determined in practice.
(i) Special economic and technological justifications required by any applicable EPA policies.
2.3.1. The EPA, for the purposes of expediting the review of the plan, has adopted a procedure referred to as “parallel processing.” Parallel processing allows a State to submit the plan prior to actual adoption by the State and provides an opportunity for the State to consider EPA comments prior to submission of a final plan for final review and action. Under these circumstances, the plan submitted will not be able to meet all of the requirements of paragraph 2.1 (all requirements of paragraph 2.2 will apply). As a result, the following exceptions apply to
plans submitted explicitly for parallel processing:
(a) The letter required by paragraph 2.1(a) shall request that EPA propose approval of the proposed plan by parallel processing.
(b) In lieu of paragraph 2.1(b) the State shall submit a schedule for final adoption or issuance of the plan.
(c) In lieu of paragraph 2.1(d) the plan shall include a copy of the proposed/draft regulation or document, including indication of the proposed changes to be made to the existing approved plan, where applicable.
(d) The requirements of paragraphs 2.1(e)-2.1(h) shall not apply to plans submitted for parallel processing.
2.3.2. The exceptions granted in paragraph 2.3.1 shall apply only to EPA's determination of proposed action and all requirements of paragraph 2.1 shall be met prior to publication of EPA's final determination of plan approvability. (55 FR 5830, Feb. 16, 1990)