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[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Rules and Regulations]
[Pages 21841-21845]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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 
lakeman.sean@epa.gov.

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                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    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.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-08266 Filed 4-11-13; 8:45 am]
BILLING CODE 6560-50-P
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