Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11133 

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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 11, 2015. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

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 Z—Mississippi 

■ 2. Section 52.1270(e) is amended by 

adding a new entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

8-Hour Ozone National Ambient Air 

Quality Standards’’ at the end of the 

table to read as follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS

Name of non-regulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements 

for the 2008 8-Hour 

Ozone National Ambient Air Quality Standards.

Mississippi ........ 7/26/2012 3/2/2015 [Insert citation 

of publication].

With the exception of sections: 

110(a)(2)(C) and (J) concerning PSD permitting requirements; 

110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) 

concerning interstate transport requirements; 

110(a)(2)(E)(ii) concerning state board majority 

requirements respecting significant portion of 

income; and 

110(a)(2)(J) concerning visibility requirements. 

■ 3. Section 52.1272 is amended by 

adding paragraph (b) to read as follows: 

§ 52.1272 Approval status. 

* * * * * 

(b) Disapproval. Submittal from the 

State of Mississippi, through the 

Mississippi Department of 

Environmental Quality (MDEQ) on May 

29, 2012, and July 26, 2012, to address 

the Clean Air Act (CAA) section 

110(a)(2)(E)(ii) for the 2008 8-hour 

Ozone National Ambient Air Quality 

Standards concerning state board 

majority requirements respecting 

significant portion of income. EPA is 

disapproving MDEQ’s submittal with 

respect to section 128(a)(1) because a 

majority of board members may still 

derive a significant portion of income 

from persons subject to permits or 

enforcement orders issued by the 

Mississippi Boards, therefore, its current 

SIP does not meet the section 128(a)(1) 

majority requirements respecting 

significant portion of income for the 

2008 8-hour Ozone National Ambient 

Air Quality Standards. 

[FR Doc. 2015–04140 Filed 2–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0662; FRL–9923–45– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Transportation Conformity 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act, a revision to Ohio’s 

transportation conformity state 

implementation plan (SIP) that meets 

EPA and United States Department of 

Transportation (DOT) requirements. 

This revision brings Ohio’s 

transportation conformity SIP into 

compliance with the requirements of the 

Safe, Accountable, Flexible, Efficient 

Transportation Act: A Legacy for Users 

(SAFETEA–LU). 

DATES: This direct final rule will be 

effective May 1, 2015, unless EPA 

receives adverse comments by April 1, 

2015. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2014–0662, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2014– 

0662. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 


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11134 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Anthony 

Maietta, Environmental Protection 

Specialist, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What is EPA’s analysis of the state’s 

submittal? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews. 

I. What is the background for this 

action? 

A transportation conformity SIP can 

be adopted as a state rule, a 

memorandum of understanding, or a 

memorandum of agreement. The 

appropriate form of the state 

transportation conformity procedures 

depends upon the requirements of local 

or state law, as long as the selected form 

complies with all Clean Air Act 

requirements for adoption, submission 

to EPA, and implementation of SIPs. 

EPA will accept state transportation 

conformity SIPs in any form provided 

the state can demonstrate to EPA’s 

satisfaction that, as a matter of state law, 

the state has adequate authority to 

compel compliance with the 

requirements of the conformity SIP. 

The Ohio Environmental Protection 

Agency (Ohio EPA) collaborated with 

the Akron Metropolitan Area 

Transportation Study, the Clark CountySpringfield Transportation Coordinating 

Committee, the Eastgate Regional 

Council of Governments, EPA, the Erie 

Regional Planning Commission, the 

Federal Highway Administration 

(FHWA), the Federal Transit 

Administration (FTA), the Indiana 

Department of Environmental 

Management, the Indiana Department of 

Transportation, the Kentucky-OhioWest Virginia Interstate Planning 

Commission, the Ohio-KentuckyIndiana Regional Council of 

Governments, the Ohio Department of 

Transportation, the Licking County Area 

Transportation Study, the Lima-Allen 

County Regional Planning Commission, 

the Miami Valley Regional Planning 

Commission, the Mid-Ohio Regional 

Planning Commission, the Northeast 

Ohio Areawide Coordinating Agency, 

the Toledo Metropolitan Area Council 

of Governments, the West Virginia 

Department of Environmental 

Protection, and the West Virginia 

Department of Transportation (the 

agencies listed in this paragraph are 

referenced as ‘‘Federal, state, and local 

agencies’’ throughout this document) to 

develop a transportation conformity SIP 

revision that meets EPA and DOT 

transportation conformity requirements 

resulting from passage of SAFETEA–LU. 

On August 20, 2014, the Ohio EPA 

submitted a request to EPA to revise the 

Ohio transportation conformity SIP to 

include procedures, roles, and 

responsibilities for involved Federal, 

state agencies, and local agencies that 

must conduct transportation conformity 

planning and consultation. 

II. What is EPA’s analysis of the state’s 

submittal? 

A. Background 

For EPA approval, the submittal must 

address and give full legal effect to 

requirements laid out in three sections 

of title 40, part 93, subpart A of the 

Code of Federal Regulations: § 93.105, 

§ 93.122(a)(4)(ii), and § 93.125(c). 

40 CFR 93.105: Consultation 

Section 93.105 describes SIP 

requirements for interagency 

consultation (between Federal, state, 

and local agencies), conflict resolution, 

and public consultation. A 

transportation conformity SIP must 

include well defined interagency 

consultation procedures that define the 

roles and responsibilities for each 

participating agency. These consultation 

procedures must include provisions for 

circulating materials for comment before 

formal adoption, processes for 

convening consultation meetings, and 

processes for responding to significant 

comments of involved agencies. In 

addition, procedures for involved 

Federal, state, and local agencies must 

be included that address: 

• Evaluation and selection of an 

emissions model and associated 

methods and assumptions to be used in 

hot-spot and regional emissions 

analyses, including determining which 

minor arterials and other transportation 

projects should be considered regionally 

significant for purposes of regional 

emissions analyses. 

• Evaluation and selection of an 

emissions model, associated methods 

and assumptions, and projects to be 

included in determining conformity in 

isolated rural nonattainment and 

maintenance areas. 

• Evaluation of events that will 

trigger new conformity determinations. 

• Consultation on emissions analyses 

for transportation activities that cross 

metropolitan planning organization 

(MPO), nonattainment area, or air basin 

borders. 

• Determination of conformity of 

projects that might lie outside of a 

metropolitan planning area, but within 

a nonattainment area, if such a situation 

exists. 

• Disclosure of any regionally 

significant projects which are not 

FHWA or FTA projects to the MPO on 

a regular basis. 

• Interagency consultation on data 

collection efforts and regional 


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transportation model development by 

the MPO. 

• Provision of final documentation 

and supporting information to each 

agency after approval or adoption. 

• Resolution of conflicts among state 

agencies or between state agencies and 

an MPO. 

• Public consultation for affected 

agencies that make conformity 

determinations on transportation plans, 

programs, and projects consistent with 

the public consultation requirements 

listed in 23 CFR 450.316(a). 

The Regulations at 40 CFR 

93.122(a)(4)(ii) and 40 CFR 93.125(c): 

Written Commitments for Control and 

Mitigation Measures 

The regulation at 40 CFR 

93.122(a)(4)(ii) provides that a 

transportation conformity SIP must 

contain provisions to ensure that any 

emission reduction credits from control 

measures that are not included in the 

SIP and that do not require a regulatory 

action in order to be implemented will 

not be included in a project level 

conformity determination unless the 

National Environmental Policy Act 

document includes written 

commitments from the appropriate 

entities to implement those control 

measures. These written commitments 

must be obtained by the initiating party 

prior to a conformity determination and 

the written commitments must be 

addressed by the initiating party. 

The regulation at 40 CFR 93.125(c) 

provides that a transportation 

conformity SIP must contain provisions 

that ensure project-level mitigation 

measures will be identified with written 

commitments if those mitigation 

measures are part of the conditions for 

making the project level conformity 

determination. The commitments must 

be included in the project design and 

scope used in the regional emissions 

analysis or project-level hot-spot 

analysis. 

The transportation conformity SIP 

revision submitted by the Ohio EPA on 

August 20, 2014, meets the 

requirements of 40 CFR 93.105, 

93.122(a)(4)(ii), and 93.125(c) and 

therefore is approvable into the Ohio 

SIP. 

III. What action is EPA taking? 

EPA is approving a revision to Ohio’s 

transportation conformity SIP submitted 

by Ohio EPA on August 20, 2014. We 

are publishing this action without prior 

proposal because we view this as a 

noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective May 1, 2015 without further 

notice unless we receive relevant 

adverse written comments by April 1, 

2015. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

May 1, 2015. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air 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 Clean Air Act. 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 Clean Air Act; 

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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175. 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 1, 2015. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 


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11136 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 12, 2015. 

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 52.1880 is amended by 

adding paragraph (u) to read as follows: 

§ 52.1880 Control strategy; Particulate 

matter. 

* * * * * 

(u) Approval—On August 20, 2014, 

the State of Ohio submitted a revision 

to their Particulate Matter State 

Implementation Plan. The submittal 

established transportation conformity 

‘‘Conformity’’ criteria and procedures 

related to interagency consultation, and 

enforceability of certain transportation 

related control and mitigation measures. 

■ 3. Section 52.1885 is amended by 

adding paragraph (ll) to read as follows: 

§ 52.1885 Control strategy; Ozone. 

* * * * * 

(ll) Approval—On August 20, 2014, 

the State of Ohio submitted a revision 

to their Ozone State Implementation 

Plan. The submittal established 

transportation conformity ‘‘Conformity’’ 

criteria and procedures related to 

interagency consultation, and 

enforceability of certain transportation 

related control and mitigation measures. 

[FR Doc. 2015–04146 Filed 2–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0694; FRL–9923–56– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; South Carolina; 

Infrastructure Requirements for the 

2008 8-Hour Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the July 17, 2012, State 

Implementation Plan (SIP) submission, 

provided by the South Carolina 

Department of Health and 

Environmental Control (SC DHEC) for 

inclusion into the South Carolina SIP. 

This final rulemaking pertains to the 

Clean Air Act (CAA or the Act) 

infrastructure requirements for the 2008 

8-hour ozone national ambient air 

quality standards (NAAQS). 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. SC DHEC certified 

that the South Carolina SIP contains 

provisions that ensure the 2008 8-hour 

ozone NAAQS is implemented, 

enforced, and maintained in South 

Carolina (hereafter referred to as an 

‘‘infrastructure SIP submission’’). With 

the exception of provisions pertaining to 

prevention of significant deterioration 

(PSD) permitting, interstate transport, 

and visibility protection requirements, 

EPA is taking final action to approve 

South Carolina’s infrastructure SIP 

submission, provided to EPA on July 17, 

2012, because it addresses the 

infrastructure elements for the 2008 8- 

hour ozone NAAQS. 

DATES: This rule will be effective April 

1, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0694. 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 Air Regulatory Management Section, 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch, (formerly the 

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 a.m. to 

4:30 p.m. excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, Air Regulatory 

Management Section, Air Planning and 

Implementation 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) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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. 

Section 110(a) of the CAA generally 

requires states to make a SIP submission 

to meet applicable requirements in 

order 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. These SIP 

submissions are commonly referred to 

as ‘‘infrastructure’’ SIP submissions. 

Section 110(a) imposes the obligation 

upon states to make an infrastructure 

SIP submission to EPA for a new or 

revised NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the infrastructure SIP for a 

new or revised NAAQS affect the 

content of the submission. The contents 

of such infrastructure SIP submissions 

may also vary depending upon what 

provisions the state’s existing SIP 

already contains. In the case of the 2008 

8-hour ozone NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 


wreier-aviles on DSK5TPTVN1PROD with RULES