1 Deliberative

– Do Not Cite or Quote Technical Support Document (TSD)

for the Transport Rule

Docket ID No. EPA

- HQ

- OAR

- 2009

- 0491



## Status of CAA 110(a)(2)(D)(i)(I) SIPs

Final Rule TSD

U.S. Environmental Protection Agency Office of Air and Radiation June 20112 Deliberative

– Do Not Cite or Quote 

### Statu s of CAA 110(a)(2)(D)(i)(I) SIPs

Final Rule TSD

This document gives the status of each Clean Air Act (CAA) 110(a)(2)(D)(i)(I) state implementation plan (SIP) for the 1997 ozone NAAQS, 1997 PM 2.5 NAAQS and 2006 PM 2.5 NAAQS for each state subject to a Fede ral implementation plan (FIP) under the Transport Rule.

Alabama On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and h as not, subsequent to that date, received and approved SIP revisions to correct either deficiency . ( See 70 FR 21147.) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolina (North Carolina v. EPA , 531 F.3d 8 96 (D.C. Cir. 2008), modified on rehearing, North Carolina v. EPA , 550 F.3d 1176, 1178 (D.C. Cir. 2008) , the CAI R SIP submitted on March 7, 2007 and approved on October 1, 2007 (72 FR 55659), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiencies id entified in the April 25, 2005 finding of failure to submit. In addition, on [I

NSERT DATE AND CITE FR NOTI CE] , EPA disapproved a SI P revision submitted by

the state of Alabama to address the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2. 5 NAAQS, and has not, subsequent to that date, received and approved a SIP that corrects that deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of Alabama address ing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS, 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

Arkansas On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) wi th respect to the 1997 ozone NAAQS and has not, subsequent to that date, received and approved a SIP revision to correct the deficiency . ( See 70 FR 21147.) As noted in the preamble to the Transport Rule, following the D.C. Circuit decision in North Caroli na , the CAI R SIP submitted August 10, 2007 and approved on September 26, 2007 (72 FR 54556), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure to submit. Based on this fact, the provisions of s ection CAA 110(c)(1) establish that the Administrator shall promulgate a FIP for the s tate of Arkansas addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS.

Florida On April 25, 2005 EPA made a finding of failure to submi t a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and has not, subsequent to that date, received and approved a SIP revision to correct the deficiency . ( See 70 FR 21147.) As noted in the preamble to the Transport Rule, following the D.C. Circuit decision in North Carolina , the CAI R SIP submitted on March3 Deliberative

– Do Not Cite or Quote 16, 2007 and approved on October 12, 2007 (72 FR 58016), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure to submit. Based on this fact, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate a FIP for the s tate of Florida addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAA QS.

Georgia On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2

. 5 NAAQS and has not, subsequent to that date, received and approve d SIP revisions to correct either deficiency . ( See 70 FR 21147.) As noted in the preamble to the Transport Rule, following the D.C. Circuit decision in North Carolina , the CAI R SIP submitted on March 28, 2007 and approved on October 9, 2007 (72 FR 57202)

, cannot be said to correct the 11 0(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. In addition, on [I NSERT DATE AND CITE FR NOTICE] , EPA disapproved a SIP revision submitted by the s tate of Georgia to address th e requirements of 11 0(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS, and has not, subsequent to that date, received and approved a SIP that corrects that deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the s tate of Georgia addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS, 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

Illinois On April 25, 2005 EPA made a finding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved SIP revisions to correct either deficiency . ( See 70 FR 21147. ) As note d in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolina , the CAI R SI P submitted on September 14, 2007 and approved on October 16, 2007 (72 FR 58528), cannot be said to correct the 110(a)(2)(D)(i) (I ) deficiencies ident ified in the April 25, 2005 finding of failure to submit. In addition, on June 9, 2010, EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) (I) with the respect to the 2006 PM 2.5 NAAQS (75 FR 32673), and has not, subsequent to that date received and approved a SIP that corrects the deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of Illinois addressing the require ments of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS , 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

Indiana On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to th e 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved SIP revisions to correct either deficiency . ( See 70 FR 21147.) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in No rth Carolina , the CAI R SI P submitted in parts including the part submitted on June 29, 2009 and approved on November 29, 2010 (75 FR 72956 , also 72 FR 59480 ), cannot be said to correct the4 Deliberative

– Do Not Cite or Quote 110(a)(2)(D)(i)(I) deficiencies identified in the April 25,2005 fin ding of failure to submit. In addition, on [I

NSERT DATE AND CITE FR NOTI CE] EPA disapproved a SI P revision submitted by

the s tate of Indiana to address the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS, and has not, subsequent to that date, received and approved a SIP that corrects that deficiency

. Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of Indiana addressing the requirements of 110(a)(2)(D) (i)(I) with respect to the 1997

ozone NAAQS , 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

Io wa On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 PM 2.5 NAAQS and h as not, subsequent to that date received and approved a SIP revision to correct the deficiency . ( See 70 FR 21147.) As noted in the preamble to the Transport Rule

, following the D.C. Circuit decision in North Carolina

, the CAIR SIP submitted on August 15, 2006 and approved on August 6, 2007 (72 FR 43539), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure to submit. In addition, on June 9, 2010, EPA made a finding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i) (I) deficiency with respect to the 2006 PM 2.5 NAAQS (75 FR 32673) and has not, subsequent to the date received and approved a SIP that corrects the deficiency

. Based on these facts, the provisions of

sec tion CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of Iowa addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 PM 2.5 NAAQS and 2006 PM 2.5 NAAQS.

Kansas On [I NSERT DATE AND CI TE FR NOTI CE] , EPA di sapproved a SIP revision submitted by

the s tate of Kansas to address the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS, and has not, subsequent to that date, received and approved a SIP that corrects the deficiency . Based on this fact, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate a FI P for the state of Kansas addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS.

Kentuck y On April 25, 2005 EPA made a fin ding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved SIP revisions to correct either deficiency

. ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolina , the CAI R SI P submitted on July

19, 2007 and approved on October 4, 2007 (72 FR 56623), cannot be said to correct the 110(a)(2)(D)(i)( I) deficiencies identified in the April 25, 2005 finding of failure to submit. In addition, on [I NSERT DATE AND CITE FR NOTICE] , EPA disapproved a SIP revision submitted by the s tate of Kentuck y to address the requirements of 110(a)(2)(D)(i)(I) with respe ct to the 2006 PM 2.5 NAAQS, and has not, subsequent to that date, received and approved a SIP that corrects that deficiency . Based5 Deliberative

– Do Not Cite or Quote on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of Kentuck y addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS , 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

Louisiana On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA secti on 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and has not, subsequent to that date received and approved a SIP revision to correct the deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule

, following the D.C. Circuit deci sion in North Carolina

, the CAIR SIP addressing NO X submitted on August 20, 2007 and approved on September 28, 2007 (72 FR 55064), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure to submit. B ased on this fact, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate a FIP for the state of Louisiana addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS.

Maryland On April 25, 200 5 EPA made a finding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved SIP revisions to correct either deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolina , the CAI R SI P submitted on October 24, 2007, revise d June 30, 2008 and approved on October 30, 2009 (74 FR 56117), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. In addition, on June 9, 2010, EPA made a finding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i ) (I) deficiency with respect to the 2006 PM 2.5 NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP that corrects the deficiency

. Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrato r shall promulgate FIPs for the state of Maryland addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS , 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

Michigan On April 25, 2005 EPA made a finding of failure to submit a SIP to a ddress the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved a SIP revision to correct the deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport R ule

, following the D.C. Circuit decision in North Carolina , the CAI R SIP submitted in parts including the part submitted on July 16, 2007 and June 10, 2009 and approved on August 18, 2009 (74 FR 41637 , also 72 FR 72256 ), cannot be said to correct the 110(a )(2)(D)(i)(I) deficiency

identified in the April 25, 2005 finding of failure to submit. In addition, on June 9, 2010, EPA made a finding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i) (I) deficiency with respect to th e 2006 PM 2.5 NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP that corrects6 Deliberative

– Do Not Cite or Quote the deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the st ate of Michigan addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 PM 2.5 NAAQS and 2006 PM 2.5 NAAQS.

Minnesota On June 9, 2010, EPA made a finding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i ) (I) deficiency with respect to the 2006 PM 2.5 NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP that corrects the deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrato r shall promulgate a FIP for the state of Minnesota addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS.

Mississippi On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA sect ion 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and has not, subsequent to that date received and approved a SIP revision to correct the deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule

, following the D.C. Circuit dec ision in North Carolina , the CAI R SIP submitted on January 16, 2007 and approved on October 3, 2007 (72 FR 56268), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure to submit. Based on this fac t, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate a FIP for the state of Mississippi addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS.

Missouri On April 25, 2005 EPA made a f inding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved a SIP revision to correct either deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule

, following the D.C. Circuit decision in North Carolina , the CAI R SIP submitted on May 18, 2007 and approved on December 14, 2007 (72 FR 71073), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiency identif ied in the April 25, 2005 finding of failure to submit. In addition, on [INSERT DATE AND CITE FR NOTICE] , EPA disapproved a SIP revision submitted by the s tate of Missouri to address the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS, and has not, subsequent to that date, received and approved a SIP that corrects that deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of Missouri addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 PM 2.5 NAAQS and 2006 PM 2.5 NAAQS.

Nebraska On June 9, 2010, EPA made a finding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i) (I) deficiency with respec t to the 2006 PM 2.5 NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP7 Deliberative

– Do Not Cite or Quote that corrects the deficiency . Based on this fact, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate a FIP for the state of Nebraska addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS.

New Jersey On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with resp ect to the 1997 ozone NAAQS and has not, subsequent to that date received and approved a SIP revision to correct the deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule

, following the D.C. Circuit decision in North Carolina , the CAI R SIP submitted on February 6, 2007, revised July

9, 2007 and approved on October 1, 2007 (72 FR 55666), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 finding of failure to submit. In addition, on [I NSERT DATE AND CITE FR NOTICE]
, EPA disapproved a SIP revision submitted by the s tate of New Jersey

to address the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS, and has not, subsequent to that date, received and approved a SIP that cor rects that deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of New Jersey addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS and 2006 PM 2.5 NAAQS.

New York On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date re ceived and approved SI P revisions to correct either deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolina , the CAI R SI P submitted on September 17, 2007 and approved on January 24, 2008 (73 FR 41 09 ), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. In addition, on [INSERT DATE AND CITE FR NOTICE] , EPA disapproved a SI P revision submitted by the s tate of New York to address the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS, and has not, subsequent to that date, received and approved a SIP that corrects that deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of New York addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS , 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

North Carolina On April 25, 2005 EPA made a f inding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved SIP revisions to correct either deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolina , the CAI R SI P submitted in parts including the part submitted o n June 20, 2008 and approved on November 30, 2009 (74 FR 62496 , also 72 FR 56914 ), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit.8 Deliberative

– Do Not Cite or Quote In addition, on [I

NSERT DATE AND CITE FR NOTI CE] , EPA disapproved a SIP revision submitted by

the s tate of North Car olina to address the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS, and has not, subsequent to that date, received and approved a SIP that corrects that deficiency . Based on these facts, the provisions of section CAA 110(c)(1) es tablish that the Administrator shall promulgate FIPs for the state of North Carolina addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS , 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

Ohio On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved SIP revisions to correct either deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolina , the CAI R SI P submitted in parts including the part submitted on July 15, 2009, supplemented August 13, 2009 and approved on September 25, 2009 (74 FR 48857 , also 73 FR 6034 ), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. In addition, on [I NSERT DATE AND CITE FR NOTICE]
, EPA disapproved a SIP revision submitted by the s tate of Ohio to address the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS, and has not, subsequent to that date, received and approved a SIP that corrects that deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of Ohio addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS , 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

Pennsylvania On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved SIP revisions to correct either defici ency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolina , the CAI R SI P submitted on May 23, 2008 and approved on December 10, 2009 (74 FR 65446), cannot be said to correct the 110(a)(2) (D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. In addition, on June 9, 2010, EPA made a finding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i) (I) deficiency with respect to the 2006 PM 2.5 NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP that corrects the deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of Pennsylvania addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS , 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

South Carolina On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements o f CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved SIP9 Deliberative

– Do Not Cite or Quote revisions to correct either deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolina , the CAI R SI P submitted in parts including the part submitted on December 4, 2008 and approved on October 16, 2009 (74 FR 53167 , also 72 FR 57209 ), cannot be said to correct the 110(a)(2)(D)(i)(I ) deficiencies identified in the April 25, 2005 finding of failure to submit. Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of South Carolina addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS and 1997 PM 2.5 NAAQS.

Tennessee On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved SIP revisions to correct either deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolina , the CAI R SIP submitted in parts including the part submitted on July 13, 2009 and approved on November 25, 2009 (74 FR 61535 , also 72 FR 46388 ), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to sub mit. In addition, on [I

NSERT DATE OF SUPPLEMENTAL FINDINGS NOTICE AND FR CI TAT ION] , EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) (I) deficiency with respect to the 2006 PM 2.5 NAAQS and has not, subsequent to that date received and approved a SIP that corrects the deficiency

. Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of Tennessee addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS , 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

Texas On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozon e NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved SIP revisions to correct either deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolin a , the CAI R SI P submitted on August 4, 2006 and approved on July 30, 2007 (72 FR 41453), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. In addition, on [I NSERT DATE AND CITE FR NOTICE] , EPA disapproved a SIP revision submitted by the s tate of Texas to address the requirements of 110(a)(2)(D)(i)(I) with respect to the 2006 PM 2.5 NAAQS, and has not, subsequent to that date, received and approved a SIP that corrects that deficiency

. Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of Texas addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS , 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

Virginia10 Deliberative

– Do Not Cite or Quote On April 25, 2005 EPA made a finding of failure to submit a SIP to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and has not, subsequent to that date received and approved SIP revisions to correct the deficiency . ( See 70 FR 21147

. ) As noted in the preamble to the Transport Rule

, following the D.C. Circuit decision in North Carolina , the CAI R SIP submitted on March 30, 2007, supplemented on April 30, 2007, and June 11, 2007 and approved on December 28, 2007 (72 FR 73602), cannot be said to correct the 110(a)(2)(D)(i)(I) deficienc y identified in the April 25, 2005 finding of failure to submit. In addition, on June 9, 2010, EPA made a finding of failure to submit a SI P to address the requi rements of CAA section 110(a)(2)(D)(i) (I ) deficiency with respect to the 2006 PM 2.5 NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP that corrects the deficiency . Based on these facts, the provisions of section CAA 110 (c)(1) establish that the Administrator shall promulgate FIPs for the state of Virginia addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS and 2006 PM 2.5 NAAQS.

West Virginia On April 25, 2005 EPA made a finding of fail ure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS and the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved SIP revisions to correct either deficiency . ( See 70 FR 2 1147

. ) As noted in the preamble to the Transport Rule , following the D.C. Circuit decision in North Carolina , the CAI R SI P submitted in parts including the part submitted on April 22, 2008 and approved on August 4, 2009 (74 FR 38536 , also 72 FR 71576 ), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiencies identified in the April 25, 2005 finding of failure to submit. In addition, on June 9, 2010, EPA made a finding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)( i) (I) deficiency with respect to the 2006 PM 2.5 NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP that corrects the deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of West Virginia addressing the requirements of 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS , 1997 PM 2.5 NAAQS, and 2006 PM 2.5 NAAQS.

Wisconsin On April 25, 2005 EPA made a finding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i) with respect to the 1997 PM 2.5 NAAQS and has not, subsequent to that date received and approved a SIP revision to correct the deficiency

. ( See 70 FR 21147

. ) As noted in the preamble to the Tr ansport Rule

, following the D.C. Circuit decision in North Carolina , the CAI R SIP submitted on June 19, 2007 and approved on October 16, 2007 (72 FR 58542), cannot be said to correct the 110(a)(2)(D)(i)(I) deficiency identified in the April 25, 2005 findin g of failure to submit. In addition, on June 9, 2010, EPA made a finding of failure to submit a SI P to address the requirements of CAA section 110(a)(2)(D)(i) (I) deficiency with respect to the 2006 PM 2.5 NAAQS (75 FR 32673) and has not, subsequent to that date received and approved a SIP that corrects the deficiency . Based on these facts, the provisions of section CAA 110(c)(1) establish that the Administrator shall promulgate FIPs for the state of11 Deliberative

– Do Not Cite or Quote Wisconsin addressing the requirements of 110(a)(2)(D)(i) (I) with respect to the 1997 PM 2.5 NAAQS and 2006 PM 2.5 NAAQS.