[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Rules and Regulations]
[Pages 21841-21845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08266]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0814; FRL- 9799-8]
Approval and Promulgation of Implementation Plans; Region 4
States; Prong 3 Infrastructure Requirement for the 1997 and 2006 Fine
Particulate Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve submissions from
Alabama, Georgia, Mississippi and South Carolina for inclusion into
each states' State Implementation Plans (SIP). This action pertains to
the Clean Air Act (CAA) requirements regarding prevention of
significant deterioration (PSD) for the 1997 annual and 2006 24-hour
fine particulate matter (PM2.5) National Ambient Air Quality
Standards (NAAQS) infrastructure SIPs. The CAA requires that each state
adopt and submit a SIP for the implementation, maintenance and
enforcement of each NAAQS promulgated by EPA, which is commonly
referred to as an ``infrastructure'' SIP. EPA is taking final action to
approve the submissions for Alabama, Georgia, Mississippi and South
Carolina that relate to adequate provisions prohibiting emissions that
interfere with any other state's required measures to prevent
significant deterioration of its air quality. All other applicable
infrastructure requirements for the 1997 annual and 2006 24-hour
PM2.5 NAAQS associated with these States are being addressed
in separate rulemakings. EPA is also providing clarification for a
footnote that was included in the proposed rulemaking for this action.
DATES: This rule is effective May 13, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0814. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30 excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. On July 18, 1997 (62 FR
38652), EPA promulgated a new annual PM2.5 NAAQS and on
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On
December 5, 2012, EPA proposed to approve Alabama, Georgia, Mississippi
and South Carolina's
[[Page 21842]]
submissions addressing section 110(a)(2) (D)(i)(II) related to PSD. A
summary of the background for today's final action is provided below.
See EPA's December 5, 2012, proposed rulemaking at 77 FR 72284 for more
detail.
Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. The data and
analytical tools available at the time the state develops and submits
the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. In the case of the 1997 annual and 2006 24-hour
PM2.5 NAAQS, states typically have met the basic program
elements required in section 110(a)(2) through earlier SIP submissions
in connection with previous PM NAAQS.
More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. However, EPA is only
addressing element 110(a)(2)(D)(i)(II) related to PSD in this action.
Section 110(a)(2)(D) has two components; 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that generally must be
addressed in SIP submissions. The first two prongs, which are codified
in section 110(a)(2)(D)(i)(I), are provisions that prohibit any source
or other type of emissions activity in one state from contributing
significantly to nonattainment of the NAAQS in another state (``prong
1''), and interfering with maintenance of the NAAQS in another state
(``prong 2''). The third and fourth prongs, which are codified in
section 110(a)(2)(D)(i)(II), are provisions that prohibit emissions
activity in one state interfering with measures required to prevent
significant deterioration of air quality in another state (``prong
3''), or to protect visibility in another state (``prong 4''). Section
110(a)(2)(D)(ii) requires SIPs to include provisions insuring
compliance with sections 115 and 126 of the Act, relating to interstate
and international pollution abatement.
In previous actions, EPA has already taken action to address
Alabama, Georgia, Mississippi and South Carolina's SIP submissions
related to sections 110(a)(2)(D)(i)(I) and 110(a)(2)(D)(ii) for the
1997 annual and 2006 24-hour PM2.5 NAAQS. Today's final
rulemaking action relates only to requirements related to prong 3 of
section 110(a)(2)(D)(i), which as previously described, requires that
the SIP contain adequate provisions prohibiting emissions that
interfere with any other state's required measures to prevent
significant deterioration of its air quality. More information on this
requirement and EPA's rationale for today's proposal that each state is
meeting this requirement for purposes of the 1997 annual and 2006 24-
hour PM2.5 NAAQS is provided below.
II. This Action
EPA is taking final action to approve Alabama, Georgia, Mississippi
and South Carolina's infrastructure submissions as demonstrating that
the States meet the applicable requirements of prong 3 of section
110(a)(2)(D)(i) of the CAA, that relate to adequate provisions
prohibiting emissions that interfere with any other state's required
measures to prevent significant deterioration of its air quality for
the 1997 annual and 2006 24-hour PM2.5 NAAQS. Section 110(a)
of the CAA requires that each state adopt and submit a SIP for the
implementation, maintenance and enforcement of each NAAQS promulgated
by the EPA, which is commonly referred to as an ``infrastructure'' SIP.
On December 5, 2012, EPA proposed to approve Alabama, Georgia,
Mississippi and South Carolina's July 25, 2008, July 23, 2008, December
7, 2007, and March 14, 2008, (respectively, for the 1997 annual
PM2.5 NAAQS) and September 23, 2009, October 21, 2009,
October 6, 2009, and September 18, 2009, (respectively, for the 2006
24-hour PM2.5 NAAQS) infrastructure SIP submissions
addressing prong 3 of section 110(a)(2)(D)(i).
Regarding final approval of Georgia and South Carolina's prong 3 of
section 110(a)(2)(D)(i), EPA's December 5, 2012 (77 FR 72284), proposed
action required EPA to first take final action to approve Georgia's
July 26, 2012, and South Carolina's May 1, 2012, SIP revisions
regarding PM2.5 PSD Increment-SILs-SMC Rule (only as it
relates to PM2.5 Increments) into each State's
implementation plan. Final approval of Georgia's July 26, 2012, PSD SIP
revision was signed on March 27, 2013, and final approval of South
Carolina's May 1, 2012, PSD SIP revision was signed on March 21, 2013.
EPA notes that on September 26, 2012, the Agency approved the
Significant Monitoring Concentration (SMC) portion of the
PM2.5 PSD Increment-SILs-SMC Rule into the SIPs for Alabama
and Mississippi. See 77 FR 59100 and 77 FR 59095. Since that time, on
January 22, 2013, the U.S. Court of Appeals for the District of
Columbia, in Sierra Club v. EPA, 703 F.3d 458 (D.C. Cir. 2013), issued
a judgment that, inter alia, vacated the provisions adding the
PM2.5 SMC to the federal regulations, at 40 CFR
51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c), that were promulgated as part
of the 2010 PM2.5 PSD Increment-SILs-SMC Rule. In its
decision, the court held that EPA did not have the authority to use
SMCs to exempt permit applicants from the statutory requirement in
section 165(e)(2) of the CAA that ambient monitoring data for
PM2.5 be included in all PSD permit applications. Thus,
although the PM2.5 SMC was not a required element of a
State's PSD program and thus not a structural requirement for purposes
of infrastructure SIPs, were a SIP-approved PSD program that contains
such a provision to use that provision to issue new permits without
requiring ambient PM2.5 monitoring data, such application of
the SIP would be inconsistent with the court's opinion and the
requirements of section 165(e)(2) of the CAA.
Given the clarity of the court's decision, it would now be
inappropriate for Mississippi or Alabama to continue to allow
applicants for any pending or future PSD permits to rely on the
PM2.5 SMC in order to avoid compiling ambient monitoring
data for PM2.5. Because of the vacatur of the EPA
regulations, the SMC provisions, included in these States' SIP-approved
PSD programs on the basis of EPA's regulations are unlawful and no
longer enforceable by law. Permits issued on the basis of these
provisions as they appear in approved SIPs would be inconsistent with
the CAA and difficult to defend in administrative and judicial
challenges. Thus, the SIP provisions may not be applied even prior to
their removal from the SIPs. Mississippi and Alabama should instead
require applicants requesting a PSD permit, including those having
already been applied for but for which the permit has
[[Page 21843]]
not yet been received, to submit ambient PM2.5 monitoring
data in accordance with the CAA requirements whenever either direct
PM2.5 or any PM2.5 precursor is emitted in a
significant amount.\1\ As the previously-approved PM2.5 SMC
provisions in the Mississippi and Alabama SIPs are no longer
enforceable, EPA does not believe the existence of the provisions in
the States' SIPs precludes today's approval of the infrastructure SIP
submissions for these States as the submissions relate to prong 3 of
the 1997 annual and 2006 24-hour PM2.5NAAQS.
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\1\ In lieu of the applicants' need to set out PM2.5
monitors to collect ambient data, applicants may submit
PM2.5 ambient data collected from existing monitoring
networks when the permitting authority deems such data to be
representative of the air quality in the area of concern for the
year preceding receipt of the application. EPA believes that
applicants will generally be able to rely on existing representative
monitoring data to satisfy the monitoring data requirement.
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EPA intends to initiate a rulemaking to correct SIPs that were
approved with regard to the PM2.5 SMCs prior to the court's
decision. EPA also advises the States to begin preparations to remove
the PM2.5 provisions from their state PSD regulations and
SIPs. However, EPA has not yet set a deadline requiring States to take
action to revise their existing PSD programs to address the court's
decision.
EPA also notes that on January 4, 2013, the U.S. Court of Appeals,
in Natural Resources Defense Council v. EPA, No. 08-1250, 2013 WL 45653
(D.C. Cir., filed July 15, 2008) (consolidated with 09-1102, 11-1430),
issued a judgment that remanded EPA's 2007 and 2008 rules implementing
the 1997 PM2.5 NAAQS. The court ordered EPA to
``repromulgate these rules pursuant to Subpart 4 consistent with this
opinion.'' Id. at *8. Subpart 4 of Part D, Title 1 of the CAA
establishes additional provisions for particulate matter nonattainment
areas.
The 2008 implementation rule addressed by the court decision,
``Implementation of New Source Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers (PM2.5),'' 73 FR 28321 (May
16, 2008), promulgated NSR requirements for implementation of
PM2.5 in both nonattainment areas (nonattainment NSR) and
attainment/unclassifiable areas (PSD). As the requirements of Subpart 4
only pertain to nonattainment areas, EPA does not consider the portions
of the 2008 rule that address requirements for PM2.5
attainment and unclassifiable areas to be affected by the court's
opinion. Moreover, EPA does not anticipate the need to revise any PSD
requirements promulgated in the 2008 rule in order to comply with the
court's decision. Accordingly, EPA's actions for the Florida
infrastructure SIPs as related to element (D)(i)(II) with respect to
the PSD requirements promulgated by the 2008 implementation rule does
not conflict with the court's opinion.
The court's decision with respect to the nonattainment NSR
requirements promulgated by the 2008 implementation rule also does not
affect EPA's action on the present infrastructure action. EPA
interprets the Act to exclude nonattainment area requirements,
including requirements associated with a nonattainment NSR program,
from infrastructure SIP submissions due 3 years after adoption or
revision of a NAAQS. Instead, these elements are typically referred to
as nonattainment SIP or attainment plan elements, which would be due by
the dates statutorily prescribed under subpart 2 through 5 under part
D, extending as far as 10 years following designations for some
elements.
Additionally, it should be noted that in the December 5, 2012,
proposed rule, on page 72286, in footnote 2, EPA stated that
``[o]n June 11, 2010, the South Carolina Governor signed an Executive
Order to confirm that the State had authority to implement appropriate
emission thresholds for determining which new stationary sources and
modification projects become subject to PSD permitting requirements for
their GHG emissions at the state level.'' It should have read ``[o]n
June 11, 2010, the South Carolina Governor signed a Joint Resolution to
confirm that the State had authority to implement appropriate emission
thresholds for determining which new stationary sources and
modification projects become subject to PSD permitting requirements for
their GHG emissions at the state level.''
EPA received one comment in support of EPA's action and one off-
topic comment on its December 5, 2012, proposed rulemaking to approve
Alabama, Georgia, Mississippi and South Carolina's SIP submissions as
meeting the prong 3 requirements of section 110(a)(2)(D)(i) of the CAA
for the 1997 annual and 2006 24-hour PM2.5 NAAQS. The off-
topic Commenter wanted ``to congratulate EPA workers for trying to
decrease particles and increase the public's health.'' This comment
does not appear to be related to the issues presented in the proposed
rulemaking, and instead, appears related to a wholly separate topic--
promulgation of the new 2012 PM2.5 NAAQS. EPA does not
interpret this comment as relevant to the topic of EPA's December 5,
2012, proposed action. Instead, EPA interprets this comment as being
off-topic and outside of the scope of today's final rulemaking.
Alabama, Georgia, Mississippi and South Carolina's infrastructure
submissions addressed the prong 3 requirements of section
110(a)(2)(D)(i) of the CAA for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Accordingly, EPA has determined that Alabama,
Georgia, Mississippi and South Carolina's submissions are consistent
with section 110 of the CAA.
III. Final Action
As described above, EPA is approving SIP submissions for Alabama,
Georgia, Mississippi and South Carolina to incorporate provisions into
the States' implementation plans to address the prong 3 requirements of
section 110(a)(2)(D)(i) of the CAA for both the 1997 and 2006
PM2.5 NAAQS. Specifically, EPA is proposing to approve the
States' prong 3 of section 110(a)(2)(D)(i) submissions because they are
consistent with section 110 of the CAA. Today's action is not approving
any specific rule, but rather making a determination that Alabama,
Georgia, Mississippi and South Carolina's already-approved SIPs meet
certain CAA requirements.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by
Commonwealth law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L.104-4);
[[Page 21844]]
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
EPA has determined that this final rule does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because there are no ``substantial direct effects''
on an Indian Tribe as a result of this action. EPA notes that the
Catawba Indian Nation Reservation is located within South Carolina.
Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann.
27-16-120, ``all state and local environmental laws and regulations
apply to the Catawba Indian Nation and Reservation and are fully
enforceable by all relevant state and local agencies and authorities.''
Thus, while the South Carolina SIP applies to the Catawba Reservation,
because today's action is not a substantive revision to the South
Carolina SIP, and is instead proposing that the existing SIP will
satisfy the prong 3 requirements of section 110(a)(2)(D)(i), EPA has
determined that today's action will have no ``substantial direct
effects'' on the Catawba Indian Nation. EPA has also determined that
these revisions will not impose any substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 11, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
Matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: March 28, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. In Sec. 52.50, paragraph (e) is amended by adding two new entries
for ``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine
Particulate Matter National Ambient Air Quality Standards'' and
``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine
Particulate Matter National Ambient Air Quality Standards'' at the end
of the table to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Alabama Non-Regulatory Provisions
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State
Name of nonregulatory SIP Applicable geographic submittal date/ EPA Approval date Explanation
provision or nonattainment area effective date
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* * * * * * *
110(a)(1) and (2) Infrastructure Alabama.............. 7/25/2008 4/12/2013 [Insert citation of Addressing element
Requirements for 1997 Fine publication]. 110(a)(2)(D)(i)(II) prong 3 only
Particulate Matter National
Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Alabama.............. 9/23/2009 4/12/2013 [Insert citation of Addressing element
Requirements for 2006 Fine publication]. 110(a)(2)(D)(i)(II) prong 3 only
Particulate Matter National
Ambient Air Quality Standards.
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Subpart L--Georgia
0
3. In Sec. 52.570, paragraph (e) is amended by adding two new entries
for ``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine
Particulate Matter National Ambient Air Quality Standards'' and
``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine
Particulate Matter National Ambient Air Quality Standards'' at the end
of the table to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
[[Page 21845]]
EPA-Approved Georgia Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic submittal date/ EPA Approval date Explanation
provision or nonattainment area effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
42. 110(a)(1) and (2) Georgia.............. 7/23/2008 4/12/2013 [Insert citation of Addressing element
Infrastructure Requirements for publication]. 110(a)(2)(D)(i)(II) prong 3 only
1997 Fine Particulate Matter
National Ambient Air Quality
Standards.
43. 110(a)(1) and (2) Georgia.............. 10/21/2009 4/12/2013 [Insert citation of Addressing element
Infrastructure Requirements for publication]. 110(a)(2)(D)(i)(II) prong 3 only
2006 Fine Particulate Matter
National Ambient Air Quality
Standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subpart Z--Mississippi
0
4. In Sec. 52.1270, paragraph (e) is amended by adding two new entries
for ``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine
Particulate Matter National Ambient Air Quality Standards'' and
``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine
Particulate Matter National Ambient Air Quality Standards'' at the end
of the table to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Mississippi Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic submittal date/ EPA approval date Explanation
provision or nonattainment area effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Mississippi.......... 12/7/2007 4/12/2013 [Insert citation of Addressing element
Requirements for 1997 Fine publication]. 110(a)(2)(D)(i)(II) prong 3 only
Particulate Matter National
Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Mississippi.......... 10/6/2009 4/12/2013 [Insert citation of Addressing element
Requirements for 2006 Fine publication]. 110(a)(2)(D)(i)(II) prong 3 only
Particulate Matter National
Ambient Air Quality Standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subpart PP--South Carolina
0
5. In Sec. 52.2120, paragraph (e) is amended by adding three new
entries for ``110(a)(1) and (2) Infrastructure Requirements for the
1997 Fine Particulate Matter National Ambient Air Quality Standards''
and ``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine
Particulate Matter National Ambient Air Quality Standards.'' at the end
of the table to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) * * *
EPA-Approved South Carolina non-regulatory provisions
----------------------------------------------------------------------------------------------------------------
State
Provision effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) 4/14/2008 4/12/2013 [Insert citation of Addressing element
Infrastructure Requirements publication]. 110(a)(2)(D)(i)(II) prong 3
for 1997 Fine Particulate only
Matter National Ambient Air
Quality Standards.
110(a)(1) and (2) 9/18/2009 4/12/2013 [Insert citation of Addressing element
Infrastructure Requirements publication]. 110(a)(2)(D)(i)(II) prong 3
for 2006 Fine Particulate only
Matter National Ambient Air
Quality Standards.
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[FR Doc. 2013-08266 Filed 4-11-13; 8:45 am]
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