5700 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 510 and 520 

[Docket No. FDA–2011–N–0003] 

New Animal Drugs; Change of 

Sponsor; Chlortetracycline Powder 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect a 

change of sponsor for an abbreviated 

new animal drug application (ANADA) 

for chlortetracycline soluble powder 

from Teva Animal Health, Inc., to Quo 

Vademus, LLC. 

DATES: This rule is effective February 6, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Steven D. Vaughn, Center for Veterinary 

Medicine (HFV–100), Food and Drug 

Administration, 7520 Standish Pl., 

Rockville, MD 20855, (240) 276–8300, 

email: steven.vaughn@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Teva 

Animal Health, Inc., 3915 South 48th 

Street Ter., St. Joseph, MO 64503, has 

informed FDA that it has transferred 

ownership of, and all rights and interest 

in, ANADA 200–236 for 

Chlortetracycline HCL Soluble Powder 

to Quo Vademus, LLC, 277 Faison 

McGowan Rd., Kenansville, NC 28349. 

Accordingly, the Agency is amending 

the regulations in 21 CFR 520.441 to 

reflect the transfer of ownership. 

Quo Vademus, LLC, is not currently 

listed in the animal drug regulations as 

a sponsor of an approved application. 

Accordingly, 21 CFR 510.600 is being 

amended to add entries for this sponsor. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 

5 U.S.C. 801–808. 

List of Subjects 

21 CFR Part 510 

Administrative practice and 

procedure, Animal drugs, Labeling, 

Reporting and recordkeeping 

requirements. 

21 CFR Part 520 

Animal drugs. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR parts 510 and 520 are amended as 

follows: 

PART 510—NEW ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 510 continues to read as follows: 

Authority: 21 U.S.C. 321, 331, 351, 352, 

353, 360b, 371, 379e. 

■ 2. In § 510.600, in the table in 

paragraph (c)(1), alphabetically add a 

new entry for ‘‘Quo Vademus, LLC’’; 

and in the table in paragraph (c)(2), in 

numerical sequence add a new entry for 

‘‘076475’’ to read as follows: 

§ 510.600 Names, addresses, and drug 

labeler codes of sponsors of approved 

applications. 

* * * * * 

(c) * * * 

(1) * * * 

Firm name and address Drug labeler 

code 

*****

Quo Vademus, LLC, 277 

Faison McGowan Rd., 

Kenansville, NC 28349 ..... 076475 

*****

(2) * * * 

Drug labeler 

code Firm name and address 

*****

076475 ........ Quo Vademus, LLC, 277 

Faison McGowan Rd., 

Kenansville, NC 28349 

*****

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS 

■ 3. The authority citation for 21 CFR 

part 520 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

§ 520.441 [Amended] 

■ 4. In paragraph (b)(4) of § 520.441, 

remove ‘‘059130’’ and in its place add 

‘‘076475’’. 

Dated: February 1, 2012. 

William T. Flynn, 

Acting Director, Center for Veterinary 

Medicine. 

[FR Doc. 2012–2633 Filed 2–3–12; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9572] 

RIN 1545–BK53 

Dividend Equivalents From Sources 

Within the United States 

Correction 

In rule document 2012–01234 

beginning on page 3108 of the issue of 

Monday, January 23, 2012 make the 

following correction: 

On page 3108, in the second column, 

in the heading, immediately below ‘‘26 

CFR Part 1’’, ‘‘[TD 9572]’’ should 

appear. 

[FR Doc. C1–2012–1234 Filed 2–3–12; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2011–0346, FRL–9627–8] 

Approval and Promulgation of 

Implementation Plans; New 

Hampshire: Prevention of Significant 

Deterioration; Greenhouse Gas 

Permitting Authority and Tailoring Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the New Hampshire State 

Implementation Plan (SIP), submitted 

by the New Hampshire Department of 

Environmental Services (NH DES) to 

EPA on February 7, 2011. The SIP 

revision modifies New Hampshire’s 

Prevention of Significant Deterioration 

(PSD) program to establish appropriate 

emission thresholds for determining 

which new stationary sources and 

modification projects become subject to 

New Hampshire’s PSD permitting 

requirements for their greenhouse gas 

(GHG) emissions. EPA proposed 

approval of these regulatory revisions 

on June 14, 2011, and received no 

comments. This action affects major 

stationary sources in New Hampshire 

that have GHG emissions above the 

thresholds established in the PSD 

regulations. 

DATES: Effective Date: This rule will be 

effective on March 7, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 5701 

1 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009). 

2 ‘‘Interpretation of Regulations that Determine 

Pollutants Covered by Clean Air Act Permitting 

Programs.’’ 75 FR 17004 (April 2, 2010). 

3 ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 

4 ‘‘Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule; Final Rule.’’ 

75 FR 31514 (June 3, 2010). 

5 ‘‘Limitation of Approval of Prevention of 

Significant Deterioration Provisions Concerning 

Greenhouse Gas Emitting-Sources in State 

Implementation Plans.’’ 75 FR 82536 (December 30, 

2010). 

6 40 CFR 52.1522(c) codifies EPA’s limiting its 

approval of New Hampshire’s PSD SIP to not cover 

the applicability of PSD to GHG-emitting sources 

below the Tailoring Rule thresholds. 

2011–0346. All documents in the docket 

are listed on the http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, Office of Ecosystem Protection, 

Air Permits, Toxics, and Indoor 

Programs Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section for further 

information. 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 New 

Hampshire SIP, contact Donald Dahl, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 

Office of Ecosystem Protection, Air 

Permits, Toxics, and Indoor Programs 

Unit, 5 Post Office Square—Suite 100, 

(mail code OEP05–2), Boston, MA 

02109—3912. Mr. Dahl’s telephone 

number is (617) 918–1657; email 

address: dahl.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. What is the background for this action? 

II. What comments did EPA receive? 

III. What is the effect of this action? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

EPA has recently undertaken a series 

of actions pertaining to the regulation of 

GHGs that, although for the most part 

distinct from one another, establish the 

overall framework for today’s final 

action on the New Hampshire SIP. Four 

of these actions include, as they are 

commonly called, the ‘‘Endangerment 

Finding’’ and ‘‘Cause or Contribute 

Finding,’’ which EPA issued in a single 

final action,1 the ‘‘Johnson Memo 

Reconsideration,’’ 2 the ‘‘Light-Duty 

Vehicle Rule,’’ 3 and the ‘‘Tailoring 

Rule.’’ 4 Taken together and in 

conjunction with the Clean Air Act 

(CAA), these actions established 

regulatory requirements for GHGs 

emitted from new motor vehicles and 

new motor vehicle engines; determined 

that such regulations, when they took 

effect on January 2, 2011, subjected 

GHGs emitted from stationary sources to 

PSD requirements; and limited the 

applicability of PSD requirements to 

GHG sources on a phased-in basis. 

Recognizing that some states had 

approved SIP PSD programs that do 

apply PSD to GHGs, but that do so for 

sources that emit as little as 100 or 250 

tons per year of GHG, and do not limit 

PSD applicability to GHGs to the higher 

thresholds in the Tailoring Rule, EPA 

published a final rule on December 30, 

2010, narrowing its previous approval of 

PSD programs as applicable to GHGemitting sources in SIPs for 24 states, 

including New Hampshire (PSD 

Narrowing Rule).5 In the PSD Narrowing 

Rule, EPA withdrew its approval of New 

Hampshire’s SIP, among other SIPs, to 

the extent that SIP applies PSD 

permitting requirements to GHG 

emissions from sources emitting at 

levels below those set in the Tailoring 

Rule. Subsequently, New Hampshire’s 

approved SIP provided the state with 

authority to regulate GHGs, but only at 

and above the Tailoring Rule thresholds; 

and Federally required new and 

modified sources to receive a PSD 

permit based on GHG emissions only if 

they emitted at or above the Tailoring 

Rule thresholds. 

On February 7, 2011, in response to 

the Tailoring Rule and earlier GHGrelated EPA rules, NH DES submitted a 

revision to EPA for approval into the 

New Hampshire SIP to establish 

appropriate emission thresholds for 

determining which new or modified 

stationary sources become subject to 

PSD permitting requirements for GHG 

emissions. Subsequently, on June 14, 

2011 (76 FR 34630), EPA published a 

proposed approval of this SIP submittal. 

Specifically, New Hampshire’s February 

7, 2011 SIP revision establishes 

appropriate emissions thresholds for 

determining PSD applicability to new 

and modified GHG-emitting sources in 

accordance with EPA’s Tailoring Rule. 

Detailed background information and 

EPA’s rationale for the proposed 

approval are provided in EPA’s June 14, 

2011, Federal Register action. 

EPA also stated in the proposal that 

if the Agency did approve New 

Hampshire’s changes to its air quality 

regulations to incorporate the 

appropriate thresholds for GHG 

permitting applicability into New 

Hampshire’s SIP, then Section 

52.1522(c) of 40 CFR part 52, as 

included in EPA’s SIP Narrowing 

Rule—which codifies EPA’s limiting its 

approval of New Hampshire’s PSD SIP 

to not cover the applicability of PSD to 

GHG-emitting sources below the 

Tailoring Rule thresholds—is no longer 

necessary. Therefore, EPA is amending 

section 52.1522 of 40 CFR part 52 by 

removing the unnecessary regulatory 

language in subsection (c). 

II. What comments did EPA receive? 

The public comment period on the 

proposed approval of New Hampshire’s 

SIP revision ended on July 14, 2011. 

EPA did not receive any comments on 

the proposed approval of this SIP 

revision. 

III. What is the effect of this action? 

Final approval of New Hampshire’s 

February 2, 2011, SIP revision 

incorporates changes to the state’s rules 

to establish the GHG emission 

thresholds for PSD applicability set 

forth in EPA’s Tailoring Rule, 

confirming that smaller GHG sources 

emitting less than these thresholds will 

not be subject to PSD permitting 

requirements under the approved New 

Hampshire SIP. EPA has determined the 

SIP revision approved by today’s action 

is consistent with EPA’s regulations, 

including the Tailoring Rule. 

Furthermore, EPA has determined this 

SIP revision is consistent with section 

110 of the CAA. Pursuant to section 110 

of the CAA, EPA approves this revision 

into New Hampshire’s SIP. 

As a result of today’s action approving 

New Hampshire’s incorporation of the 

appropriate GHG permitting thresholds 

into its SIP, paragraph 40 CFR 

52.1522(c), as included in EPA’s PSD 

Narrowing Rule, is no longer necessary.6

Thus, today’s action also amends 40 

CFR 52.1522 to remove this unnecessary 

regulatory language. 


tkelley on DSK3SPTVN1PROD with RULES
5702 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 

7Env-A 623 was renumbered to Env-A 619 for 

reasons unrelated to the Tailoring Rule or this 

proposed revision. 

IV. What action is EPA taking? 

Pursuant to section 110 of the CAA, 

EPA is approving New Hampshire’s 

February 7, 2011 SIP revision relating to 

PSD requirements for GHG-emitting 

sources, except for the revised Env-A 

619.03(a), which the state withdrew on 

May 16, 2011. Our approval includes: A 

new Env-A 101.35, definition of 

‘‘Carbon dioxide equivalent emissions’’; 

a new Env-A 101.96, definition of 

‘‘Greenhouse gases’’; an amendment to 

the definition of ‘‘Major source’’ in EnvA 101.115; and certain amendments to 

Env-A 619.03, ‘‘PSD Permit 

Requirements.’’ 

Specifically, EPA is approving into 

the SIP Env-A 619.03(b)–(e) as revised. 

However, in place of the state’s 

revisions to Env-A 619.03(a), the SIP 

retains the previously-approved 

provision, which was then numbered as 

Env-A 623.03(a).7 New Hampshire’s 

previously-approved PSD regulations 

became effective under state law on July 

23, 2001 and were approved by EPA on 

October 28, 2002 (67 FR 65710). EPA 

and New Hampshire agree that relying 

on previously-approved Env-A 623.03(a) 

does not affect the manner in which 

Env-A 619.03(b)–(e) functions. New 

Hampshire and EPA may take action on 

the revision to Env-A 619.03(a) in the 

future. 

These revisions establish appropriate 

emissions thresholds for determining 

PSD applicability with respect to new or 

modified GHG-emitting stationary 

sources in accordance with EPA’s June 

3, 2010, Tailoring Rule. With this 

approval, EPA also amends 40 CFR 

52.1522 by removing subsection (c). 

EPA has made the determination this 

SIP revision is approvable because it is 

in accordance with the CAA and EPA 

regulations regarding PSD permitting for 

GHGs. The detailed rationale for this 

action is set forth in the proposed 

rulemaking referenced above, and in 

this final rule. 

V. 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 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 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 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, this rule does not have 

tribal implications as specified by 

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. 

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 April 6, 2012. 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, 

Reporting and recordkeeping 

requirements. 

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

Dated: January 11, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart EE—New Hampshire 

■ 2. In § 52.1520, the table in paragraph 

(c) is amended by revising the entries 

for Env-A 100 and Env-A 600 to read as 

follows: 

§ 52.1520 Identification of plan. 

* * * * * 

(c) EPA approved regulations. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 5703 

EPA APPROVED NEW HAMPSHIRE REGULATIONS

State citation Title/subject State effective 

date EPA approval date 1 Explanations 

Env-A 100 .............................. Organizational Rules: Definitions.12/21/2010 2/6/2012 [Insert Federal 

Register page number 

where the document begins].

Added sections 101.35, EnvA 101.96, and Env-A 

101.115. 

* * * * * * * 

Env-A 600 .............................. Statewide Permit System ..... 12/21/2010 2/6/2012 [Insert Federal 

Register page number 

where the document begins].

Added section Env-A 

619.03(b)–(e). 

* * * * * * * 

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

* * * * * 

§ 52.1522 [Amended] 

■ 3. Section 52.1522 is amended by 

removing paragraph (c). 

[FR Doc. 2012–2598 Filed 2–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0352–201204; FRL– 

9627–6] 

Approval and Promulgation of 

Implementation Plans; North Carolina; 

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

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve in part and conditionally 

approve in part, the State 

Implementation Plan (SIP) submission, 

submitted by the State of North 

Carolina, through the Department of 

Environment and Natural Resources (NC 

DENR), Division of Air Quality (DAQ), 

as demonstrating that the State meets 

the state implementation plan (SIP) 

requirements of sections 110(a)(1) and 

(2) of the Clean Air Act (CAA or the Act) 

for the 1997 8-hour ozone national 

ambient air quality standards (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. North Carolina 

certified that the North Carolina SIP 

contains provisions that ensure the 1997 

8-hour ozone NAAQS is implemented, 

enforced, and maintained in North 

Carolina (hereafter referred to as 

‘‘infrastructure submission’’). With the 

exception of sub-element 

110(a)(2)(E)(ii), North Carolina’s 

infrastructure submission, provided to 

EPA on December 12, 2007, and 

clarified in a subsequent submission 

submitted on June 20, 2008, addresses 

all the required infrastructure elements 

for the 1997 8-hour ozone NAAQS. 

DATES: Effective Date: This rule will be 

effective March 7, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2011–0352. 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 

http://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: 

Nacosta C. Ward, 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) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@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, EPA promulgated a new 

NAAQS for ozone based on 8-hour 

average concentrations, thus states were 

required to provide submissions to 

address sections 110(a)(1) and (2) of the 

CAA for this new NAAQS. North 

Carolina provided its infrastructure 

submission for the 1997 8-hour ozone 

NAAQS on December 12, 2007, and 

clarified it in a subsequent submission 

submitted on June 20, 2008. On March 

27, 2008, North Carolina was among 

other states that received a finding of 

failure to submit because its 

infrastructure submission was deemed 

incomplete for elements 110(a)(2)(C) 

and (J) for the 1997 8-hour ozone 

NAAQS by March 1, 2008. See 73 FR 

16205. Infrastructure elements 

110(a)(2)(C) and (J) relate to a SIP 

addressing changes to its part C 

prevention of significant deterioration 

(PSD) permit program as required by the 

1997 8-Hour Ozone NAAQS 

Implementation Rule New Source 


tkelley on DSK3SPTVN1PROD with RULES