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
5704 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 

1 In the December 15, 2011, proposed rule, EPA 

also proposed, in the alternative, to disapprove 

North Carolina’s infrastructure submission with 

respect to sub-element 110(a)(2)(E)(ii) (regarding 

State Boards). EPA proposed disapproval in the 

alternative for this element to account for the 

possibility that North Carolina could fail to submit 

a commitment letter sufficient for EPA to take final 

action on a conditional approval for this subelement. Because North Carolina did submit an 

adequate commitment letter, EPA is proceeding 

with a conditional approval of sub-element 

110(a)(2)(E)(ii) and does not plan to take further 

action on the proposed disapproval discussed in the 

December 15, 2011, proposed rule. See 76 FR 

77952, 77958–77959. 

2Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather are due at the time 

the nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: (1) 

Submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as 

required in part D Title I of the CAA, and (2) 

submissions required by section 110(a)(2)(I) which 

pertain to the nonattainment planning requirements 

of part D, Title I of the CAA. Today’s final 

rulemaking does not address infrastructure 

elements related to section 110(a)(2)(I) but does 

provide detail on how North Carolina’s SIP 

addresses 110(a)(2)(C). 

3This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

4Today’s proposed rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 8- 

hour ozone NAAQS. Interstate transport 

requirements were formerly addressed by North 

Carolina consistent with the Clean Air Interstate 

Rule (CAIR). On December 23, 2008, CAIR was 

remanded by the DC Circuit Court of Appeals, 

without vacatur, back to EPA. See North Carolina 

v. EPA, 531 F.3d 896 (DC Cir. 2008). Prior to this 

remand, EPA took final action to approve North 

Carolina’s SIP revision, which was submitted to 

comply with CAIR. See 72 FR 56914 (October 5, 

2007). In response to the remand of CAIR, EPA has 

recently finalized a new rule to address the 

interstate transport of NOX and SOX in the eastern 

United States. See 76 FR 48208 (August 8, 2011) 

(‘‘the Transport Rule’’). This rule was recently 

stayed by the DC Circuit Court of Appeals. EPA’s 

action on element 110(a)(2)(D)(i) will be addressed 

in a separate action. 

5This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards,’’ but as mentioned above is not relevant 

to today’s proposed rulemaking. 

Review (NSR) Update—Phase 2 Rule 

(hereafter referred to as the Ozone 

Implementation NSR Update) 

recognizing nitrogen oxides (NOX) a 

precursor for ozone in 40 CFR 51.166 

and 40 CFR 52.21, among other 

requirements. See 70 FR 71612, 

(November 29, 2005). The June 20, 2008, 

submission corrected the deficiencies 

for which the finding of failure to 

submit was received. On August 10, 

2011, EPA finalized approval of North 

Carolina’s June 20, 2008, SIP revision. 

See 76 FR 49313. 

EPA has determined that North 

Carolina’s federally-approved SIP 

includes the provisions necessary from 

the Ozone Implementation NSR Update, 

including the addition of NOX as a 

precursor to ozone in 40 CFR 51.166 

and 40 CFR 52.21 for the 1997 8-hour 

ozone standard, and thus, has 

determined that North Carolina has 

satisfied the requirements for 

110(a)(2)(C) and (J). On December 15, 

2011, EPA proposed to approve North 

Carolina’s December 12, 2007, 

infrastructure submission and proposed 

conditional approval of infrastructure 

sub-element 110(a)(2)(E)(ii) for the 1997 

8-hour ozone NAAQS. ≤See 76 FR 

77952.1 CAA section 110(a)(2)(E)(ii) 

pertains to section 128 State Board 

requirements which requires at 

subsection (a)(1) that each SIP shall 

contain requirements that any board or 

body which approves permits or 

enforcement orders be subject to the 

described public interest and income 

restrictions. It further requires at 

subsection (a)(2) that any board or body, 

or the head of an executive agency with 

similar power to approve permits or 

enforcement orders under the CAA, 

shall also be subject to conflict of 

interest disclosure requirements. 

On January 11, 2012, North Carolina 

submitted a letter of commitment to 

EPA to adopt specific enforceable 

measures related to both 128(a)(1) and 

128(a)(2) to address current deficiencies 

in the North Carolina SIP as outlined in 

EPA’s December 15, 2011, proposed 

rulemaking. This letter of commitment 

meets the requirements of section 

110(k)(4) of the CAA, 42 U.S.C. 

7410(k)(4). Failure to adopt these 

provisions into the North Carolina SIP 

within one year (by February 6, 2013) 

will result in today’s conditional 

approval becoming a disapproval. North 

Carolina’s January 11, 2012, letter can 

be accessed at http://www.regulations.

gov using Docket ID No. EPA–R04– 

OAR–2011–0352. A summary of the 

background for today’s final action is 

provided below. See EPA’s December 

15, 2011, proposed rulemaking at 76 FR 

77952 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. In 

particular, 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 8-hour ozone NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone 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. The requirements that are 

the subject of this final rulemaking are 

listed below 2 and in EPA’s October 2, 

2007, memorandum entitled ‘‘Guidance 

on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8- 

Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.3

• 110(a)(2)(D): Interstate transport.4

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.5

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

II. This Action 

EPA is taking final action to approve 

North Carolina’s infrastructure 

submission as demonstrating that the 

State meets the applicable requirements 

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

for the 1997 8-hour ozone NAAQS, with 

the exception of CAA section 

110(a)(2)(E)(ii). EPA is taking final 

action to conditionally approve subelement 110(a)(2)(E)(ii). Section 110(a) 


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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 5705 

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, 

through DAQ, certified that the North 

Carolina SIP contains provisions that 

ensure the 1997 8-hour ozone NAAQS 

is implemented, enforced, and 

maintained in North Carolina. EPA 

received no adverse comments on its 

December 15, 2011, proposed approval 

of North Carolina’s December 12, 2007, 

infrastructure submission and proposed 

conditional approval of 110(a)(2)(E)(ii). 

North Carolina’s infrastructure 

submission, provided to EPA on 

December 12, 2007, and clarified on 

June 20, 2008, addressed all the 

required infrastructure elements for the 

1997 8-hour ozone NAAQS, with the 

exception of CAA section 

110(a)(2)(E)(ii). EPA has determined that 

North Carolina’s December 12, 2007 

submission, as clarified through the 

State’s June 20, 2008 submission, is 

consistent with section 110 of the CAA, 

with the exception of CAA section 

110(a)(2)(E)(ii). 

On January 11, 2012, North Carolina 

submitted a letter of commitment to 

EPA to adopt specific enforceable 

measures related to both CAA sections 

128(a)(1) and 128(a)(2) to address the 

current deficiencies in the North 

Carolina SIP related to CAA section 

110(a)(2)(E)(ii) as outlined in EPA’s 

December 15, 2011, proposed 

rulemaking. As a result of North 

Carolina’s January 11, 2012, submission, 

EPA has determined that conditional 

approval is appropriate because the 

State has explicitly committed to 

address current deficiencies in the 

North Carolina SIP related to subelement 110(a)(2)(E)(ii) consistent with 

the requirements of CAA section 

110(k)(4). 

EPA is conditionally approving the 

January 11, 2012, submittal with respect 

to the CAA requirement of sub-element 

110(a)(2)(E)(ii). North Carolina must 

submit to EPA by February 6, 2013, SIP 

revisions adopting specific enforceable 

measures related to both CAA sections 

128(a)(1) and 128(a)(2) as described in 

the State’s letter of commitment 

described above. If the State fails to 

actually submit these revisions by 

February 6, 2013, today’s conditional 

approval will automatically become a 

disapproval on that date and EPA will 

issue a finding of disapproval. EPA is 

not required to propose the finding of 

disapproval. If the conditional approval 

is converted to a disapproval, the final 

disapproval triggers the Federal 

Implementation Plan requirement under 

section 110(c). However, if the State 

meets its commitment within the 

applicable timeframe, the conditionally 

approved submission will remain a part 

of the SIP until EPA takes final action 

approving or disapproving the new 

submittal. If EPA disapproves the new 

submittal, today’s conditionally 

approved submittal will also be 

disapproved at that time. If EPA 

approves the new submittal, North 

Carolina’s infrastructure SIP will be 

fully approved in its entirety and 

replace the conditionally approved 

element in the SIP. 

III. Final Action 

EPA is taking final action to approve 

North Carolina’s December 12, 2007, 

submission for the 1997 8-hour ozone 

NAAQS and conditionally approve 

North Carolina’s January 11, 2012, 

submission because these submissions 

are consistent with section 110 of the 

CAA. NC DENR has addressed the 

elements of the CAA 110(a)(1) and (2) 

SIP requirements pursuant to EPA’s 

October 2, 2007, guidance to ensure that 

the 1997 8-hour ozone NAAQS are 

implemented, enforced, and maintained 

in North Carolina. 

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 state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by 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)). 


tkelley on DSK3SPTVN1PROD with RULES
5706 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 

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. 

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

Dated: January 27, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 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 II—North Carolina 

■ 2. Section 52.1770(e), is amended by 

adding a new entry ‘‘North Carolina 

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

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards’’ at the end of the table to 

read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date 

Federal Register citation 

*******

North Carolina 110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality Standards.

12/12/2007 2/6/2012 [Insert citation of publication]. 

■ 3. Section 52.1773 is added to read as 

follows: 

§ 52.1773 Conditional approval. 

Conditional Approval—Submittal 

from the State of North Carolina, 

through the Department of Environment 

and Natural Resources (NC DENR), 

Division of Air Quality, dated December 

12, 2007, to address the Clean Air Act 

(CAA) infrastructure requirements for 

the 1997 ozone National Ambient Air 

Quality Standards. On January 11, 2012, 

NC DENR supplemented their December 

12, 2007, submission with a 

commitment to address the 

requirements of CAA section 

110(a)(2)(E)(ii) of the CAA which 

requires state compliance with section 

128 of the CAA. EPA is conditionally 

approving North Carolina’s submittal 

with respect to CAA section 

110(a)(2)(E)(ii). 

[FR Doc. 2012–2602 Filed 2–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0351–201203; FRL– 

9627–7] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

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 the State Implementation Plan 

(SIP) submission, submitted by the State 

of Georgia, through the Georgia 

Department of Natural Resources, 

Environmental Protection Division 

(EPD), 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. Georgia certified 

that the Georgia SIP contains provisions 

that ensure the 1997 8-hour ozone 

NAAQS is implemented, enforced, and 

maintained in Georgia (hereafter 

referred to as ‘‘infrastructure 

submission’’). Georgia’s infrastructure 

submission, provided to EPA on 

December 13, 2007, and clarified in a 

subsequent submission submitted on 

September 9, 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– 

2011–0351. 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 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 


tkelley on DSK3SPTVN1PROD with RULES