Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 19991 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), nor 

will it have substantial direct effects on 

the States, on the relationship between 

the National Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of governments, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

This technical correction action does 

not involve technical standards; thus 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This rule does not impose an 

information collection burden under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA had 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of April 3, 

2013. EPA will submit a report 

containing this rule 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. This correction to 

40 CFR 52 for Ohio is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: February 11, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.1870 is amended by 

revising paragraph (c)(151)(i)(A) to read 

as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(151) * * * 

(i) * * * 

(A) Paragraph (A) of Ohio 

Administrative Code Rule 3745–17–03, 

‘‘Measurement methods and 

procedures.’’, effective April 18, 2009. 

* * * * * 

[FR Doc. 2013–07649 Filed 4–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0954; FRL–9796–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Motor Vehicle 

Emissions Budgets for the 

Pennsylvania Counties in the 

Philadelphia-Wilmington, PA–NJ–DE 

1997 Fine Particulate Matter 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania (Pennsylvania). The 

revision consists of an update to the 

SIP-approved Motor Vehicle Emissions 

Budgets (MVEBs) for the Pennsylvania 

counties in the PhiladelphiaWilmington, PA–NJ–DE 1997 fine 

particulate matter (PM2.5) nonattainment 

area (hereafter referred to as the 

Philadelphia Area) to reflect the use of 

the most recent version of the Motor 

Vehicle Emission Simulator model 

(MOVES). The Pennsylvania counties 

impacted by this revision are: 

Philadelphia, Montgomery, Delaware, 

Chester, and Bucks Counties. EPA is 

approving this revision to the MVEBs 

and thereby making them available for 

transportation conformity purposes in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

April 3, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0954. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) 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 for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 15, 2013 (78 FR 11122), 

EPA published a Notice of Proposed 

Rulemaking (NPR) for Pennsylvania. 

The NPR proposed approval of the 

MVEBs for the Philadelphia Area. On 

November 6, 2012, the Pennsylvania 

Department of Environmental Protection 

(DEP) submitted to EPA a draft SIP 

revision which updates the Philadelphia 

Area’s MVEBs to reflect the use of the 

MOVES model. On January 29, 2013, 

Pennsylvania DEP submitted its formal, 

final SIP revision to update the 


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Philadelphia Area’s MVEBs to reflect 

the use of the MOVES model. 

II. Summary of SIP Revision 

The MVEBs are for PM2.5 and nitrogen 

oxides (NOX). The previously developed 

MVEBs for PM2.5 and NOX for the 

Philadelphia Area were approved as 

part of EPA’s approval of Pennsylvania’s 

1997 PM2.5 attainment plan on August 

28, 2012 (77 FR 51930). The MVEBs 

were previously developed using 

Highway Mobile Source Emission 

Factor Model (MOBILE6.2) for the year 

2009. The Philadelphia Area attainment 

demonstration documented that NOX is 

the only significant precursor from onroad sources to the formation of PM2.5

in the Philadelphia Area. A summary of 

the updated MOVES-based MVEBs and 

previously approved MOBILE6.2-based 

MVEBs for 2009 is provided in Table 1: 

Summary of MVEBs; the emissions for 

each pollutant are provided in tons per 

year (tpy). Also presented in Table 1 is 

a comparison between the 2002 base 

year inventory, which was produced by 

MOBILE6.2 and updated with MOVES, 

and the 2009 MVEBs. Even though there 

is an emissions increase in the MOVESbased MVEBs, the increase is not due to 

an increase in emissions from mobile 

sources. The increase is due to the fact 

that the MOVES model provides more 

accurate emissions estimates than 

MOBILE6.2 rather than growth that had 

not been anticipated in the attainment 

demonstration or changes to any control 

measures. Even though the MVEBs as 

calculated using MOVES result in a 

higher estimate of emissions, the 

MVEBs are consistent with 

requirements for attainment in the 

Philadelphia Area. This is because EPA 

determined on May 16, 2012 (77 FR 

28782) that the Philadelphia Area 

attained the 1997 PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

by the applicable attainment date, and 

because the area continues to meet the 

1997 PM2.5 NAAQS. Therefore, this 

update to the SIP-approved MVEBs to 

reflect the use of the MOVES model 

does not interfere with the Philadelphia 

Area’s ability to continue to meet the 

1997 PM2.5 NAAQS. Additional 

rationale for EPA’s action is explained 

in the NPR and will not be restated here. 

No public comments were received on 

the NPR. 

TABLE 1—SUMMARY OF MVEBS

Model ....................................................................................................................................... MOBILE6.2 MOVES2010a 

Year ......................................................................................................................................... 2002 2009 2002 2009 

PM2.5 (tpy) ................................................................................................................................ 1032.8 699.1 2,904.60 1,907.5 

NOX (tpy) ................................................................................................................................. 63,475.9 36,317.7 90,879.00 57,218.3 

III. Final Action 

EPA is approving Pennsylvania DEP’s 

SIP revision request from January 29, 

2013 to update the SIP-approved 

MVEBs for the Philadelphia Area to 

reflect the use of the MOVES model. 

EPA is approving this SIP revision 

because it will allow the Philadelphia 

Area to continue to meet the 1997 PM2.5

NAAQS, and our in depth review of the 

SIP revision leads EPA to conclude that 

the updated MVEBs meet the adequacy 

requirements set forth in 40 CFR 

93.118(e)(4)(i)–(vi), and the updated 

MVEBs have been correctly calculated 

to reflect the use of the MOVES model. 

IV. Effective Date 

EPA finds that there is good cause for 

this approval to become effective on the 

date of publication because this action 

will expedite the planning process for 

transportation conformity 

determinations. The updated MVEBs 

will be utilized for transportation 

conformity determinations, therefore 

making this revision effective on the 

date of publication will allow for 

expedited planning and preparation for 

transportation conformity 

determinations by the Delaware Valley 

Regional Planning Commission 

(DVRPC). This expedited planning will 

ensure that transportation conformity 

determinations will not be delayed. The 

expedited effective date for this action 

is authorized under section 5 U.S.C. 

553(d)(3), which allows an effective date 

less than 30 days after publication ‘‘as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ Ensuring that the updated 

MVEBs are available as soon as possible 

for use in making transportation 

conformity determinations is sufficient 

reason to allow an expedited effective 

date of this rule under 5 U.S.C. 

553(d)(3). 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 state 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); 

• 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). 

In addition, this rule does not have 

tribal implications as specified by 


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Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 19993 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 3, 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 which updates 

Pennsylvania’s SIP-approved MVEBs in 

the Philadelphia Area to reflect the use 

of the MOVES model 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, Nitrogen dioxide, Particulate 

matter. 

Dated: March 25, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by revising the entry 

for the ‘‘1997 PM2.5 NAAQS Attainment 

Plan Demonstration, 2002 Base Year 

Emissions Inventory, Contingency 

Measures and Motor Vehicle Emission 

Budgets for 2009’’. 

The revised text reads as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP revision 

Applicable 

geographic 

area 

State 

submittal 

date 

EPA approval 

date 

Additional 

explanation 

*******

1997 PM2.5 NAAQS Attainment 

Demonstration, 2002 Base 

Year Emissions Inventory, 

Contingency Measures and 

Motor Vehicle Emission 

Budgets for 2009.

Pennsylvania portion of the 

Philadelphia–Wilmington, 

PA–NJ–DE PM2.5 Nonattainment Area.

4/12/10, 

8/3/12 

1/29/13 

8/27/12 

77 FR 51930 

4/3/13 [Insert page number 

where the document begins] 

Revised 2009 Motor Vehicle 

Emission Budgets. The SIP 

effective date is April 13, 

2013. 

* * * * * * * 

■ 3. Section 52.2053 is added to read as 

follows: 

§ 52.2053 The Motor Vehicle Emissions 

Budgets for the Pennsylvania Counties in 

the Philadelphia-Wilmington, PA–NJ–DE 

1997 Fine Particulate Matter Nonattainment 

Area 

As of April 3, 2013, EPA approves the 

following revised 2009 Motor Vehicle 

Emissions Budgets (MVEBs) for fine 

particulate matter (PM2.5) and nitrogen 

oxides (NOX) for the Pennsylvania 

Counties in the PhiladelphiaWilmington, PA–NJ–DE 1997 PM2.5

Nonattainment Area submitted by the 

Secretary of the Pennsylvania 

Department of Environmental 

Protection: 

Applicable geographic area Year 

Tons per 

year 

NOX

Tons per 

year 

PM2.5

Pennsylvania Counties in the Philadelphia-Wilmington, PA–NJ–DE 1997 Fine Particulate Matter Nonattainment 

Area ........................................................................................................................................................................ 2009 57,218.3 1,907.5 


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1South Carolina’s May 1, 2012, submission to 

EPA also included changes to Regulation 61– 

62.63—National Emissions Standards for Hazardous 

Air Pollutants (NESHAP), which is not part of the 

South Carolina federally approved SIP. 

2This SIP submittal also makes changes to South 

Carolina’s SIP at Regulations 61–62.1—Definitions 

and General Requirements; 61–62.5, Standard 1— 

Emissions from Fuel Burning Operations; 61–62.5, 

Standard No. 4—Emissions from Process Industries; 

and 61–62.5, Standard 6—Alternative Emission 

Limitation Options (‘‘Bubble’’). EPA will consider 

action on these changes to South Carolina’s SIP in 

a separate rulemaking. 

3This submittal also makes changes to South 

Carolina’s State Regulations 61–62.60, 62.61, 62.63 

and 62.72 regarding (New Source Performance 

Standards) (NSPS), NESHAP for Source Categories, 

and Acid Rain, respectively. However, these 

regulations are not part of South Carolina’s 

federally approved SIP; therefore, EPA is not 

proposing action on these changes. 

4This submittal also make changes to South 

Carolina’s State Regulations 61–62.60, 62.61, 62.63 

and 62.72 regarding NSPS, NESHAP and Acid Rain, 

respectively. However, these regulations are not 

part of South Carolina’s federally approved SIP; 

therefore, EPA is not taking final action to approve 

these changes. 

5This SIP submittal also included changes to SC 

DHEC’s Regulation 61.62–96—Nitrogen Oxides 

(NOX) and Sulfur Dioxide (SO2) Budget Trading 

Program General Provisions. EPA took final action 

to approve this portion of the December 4, 2008, 

submittal on October 16, 2009 (74 FR 53167). 

[FR Doc. 2013–07539 Filed 4–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0837; FRL–9797–1] 

Approval and Promulgation of 

Implementation Plans; South Carolina: 

New Source Review-Prevention of 

Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve changes to the South Carolina 

State Implementation Plan (SIP), 

submitted by the South Carolina 

Department of Health and 

Environmental Control (SC DHEC) to 

EPA in five separate SIP submittals 

dated May 1, 2012, July 18, 2011, 

February 16, 2011, December 23, 2009, 

and December 4, 2008. The SIP 

revisions make changes to South 

Carolina’s New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) program to adopt federal PSD 

requirements regarding fine particulate 

matter (PM2.5) and changes to the State’s 

provisions related to the national 

ambient air quality standards (NAAQS) 

and volatile organic compounds (VOC). 

EPA is approving portions of the 

submittals as revisions to South 

Carolina’s SIP because the Agency has 

determined that they are consistent with 

the Clean Air Act (CAA or Act) and EPA 

regulations regarding NSR permitting. 

DATES: Effective Date: This rule will be 

effective May 3, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0837. 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: For 

information regarding the South 

Carolina SIP, contact Ms. Twunjala 

Bradley, 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. Ms. 

Bradley’s telephone number is (404) 

562–9352; email address: 

bradley.twunjala@epa.gov. For 

information regarding NSR or PSD, 

contact Ms. Yolanda Adams, Air 

Permits Section, at the same address 

above. Ms. Adams’ telephone number is 

(404) 562–9241; email address: 

adams.yolanda@epa.gov. For 

information regarding the PM2.5

NAAQS, contact Mr. Joel Huey, 

Regulatory Development Section, at the 

same address above. Mr. Huey’s 

telephone number is (404) 562–9104; 

email address: huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

EPA is taking final action to approve 

multiple SIP submittals provided by SC 

DHEC to EPA on May 1, 2012,1 July 18, 

2011,2 February 16, 2011,3 December 

23, 2009,4 and December 4, 2008,5 to 

adopt NSR permitting requirements for 

implementing the PM2.5 NAAQS, 

federal changes to the NAAQS, an 

update to the federal definition for VOC, 

and an administrative correction to the 

State’s VOC rule. On January 23, 2013, 

EPA proposed to approve these changes 

into the South Carolina SIP. See 78 FR 

4796. Comments on the proposed 

rulemaking were due on or before 

February 22, 2013, and EPA received 

none. Details concerning each SIP 

submittal are provided in the docket for 

today’s final action, Docket ID: EPA– 

R04–OAR–2012–0837. The SIP 

submittal changes are briefly 

summarized below. Please refer to 

EPA’s January 23, 2013, proposed 

rulemaking for more detailed 

information for each SIP revision as 

well as the Agency’s rationale for 

today’s final rulemaking. Pursuant to 

section 110 of the CAA, EPA is now 

taking final action to approve the 

changes to South Carolina’s SIP. 

A. SC DEHC Regulation 61–62.5, 

Standard No. 7—Prevention of 

Significant Deterioration 

South Carolina’s May 1, 2012, SIP 

submittal amends the State’s PSD 

regulations at Regulation 61–62.5, 

Standard No. 7—Prevention of 

Significant Deterioration to adopt only 

the PM2.5 PSD increments promulgated 

in the rule entitled ‘‘Prevention of 

Significant Deterioration (PSD) for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC),’’ Final Rule, 75 FR 64864, 

(October 20, 2010) (hereafter referred to 

as ‘‘PM2.5 PSD Increments-SILs-SMC 

Rule’’). The PM2.5 PSD Increment-SILsSMC Rule provided additional 

regulatory requirements under the PSD 

program regarding the implementation 

of the PM2.5 NAAQS for NSR including: 

(1) PM2.5 increments pursuant to section 

166(a) of the CAA to prevent significant 

deterioration of air quality in areas 

meeting the NAAQS; (2) SILs used as a 

screening tool (by a major source subject 

to PSD) to evaluate the impact a 

proposed major source or modification 


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