Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Rules and Regulations 43175 

1The rule for the revised PM2.5 NAAQS was 

signed by the Administrator and publically 

disseminated on September 21, 2006. Because EPA 

did not prescribe a shorter period for 110(a) SIP 

submittals, these submittals for the 2006 24-hour 

PM2.5 NAAQS were due on September 21, 2009, 

three years from the September 21, 2006 signature 

date. 

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 52.1781 is amended by 

adding paragraph (g), to read as follows: 

§ 52.1781 Control strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(g) Disapproval. EPA is disapproving 

portions of North Carolina’s 

Infrastructure SIP for the 2006 24-hour 

PM2.5 NAAQS addressing interstate 

transport, specifically with respect to 

section 110(a)(2)(D)(i)(I). 

[FR Doc. 2011–18000 Filed 7–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0046; FRL–9318–1] 

Approval and Promulgation of 

Implementation Plans; State of 

California; Interstate Transport of 

Pollution; Significant Contribution to 

Nonattainment and Interference With 

Maintenance Requirements 

Correction 

In rule document 2011–14480 

appearing on pages 34872–34876, in the 

issue of Wednesday, June 15, 2011, 

make the following correction: 

On page number 34872, in the second 

column, in the Environmental 

Protection Agency document, the 

subject is corrected to appear as above. 

[FR Doc. C1–2011–14480 Filed 7–19–11; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0805; FRL–9435–8] 

Approval of Air Quality Implementation 

Plans; Indiana and Ohio; Disapproval 

of Interstate Transport State 

Implementation Plan Revision for the 

2006 24-hour PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to its authority 

under the Clean Air Act (CAA), EPA is 

taking final action to disapprove the 

portions of submittals by the Indiana 

Department of Environmental 

Management (IDEM) and the Ohio 

Environmental Protection Agency (Ohio 

EPA) that pertain to requirements in the 

CAA to address interstate transport for 

the 2006 24-hour fine particle (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS). EPA is not, however, 

currently taking action on the remainder 

of the State Implementation Plan (SIP) 

submittals from IDEM and Ohio EPA 

concerning other basic or 

‘‘Infrastructure’’ elements required 

under the CAA. The proposed rule 

associated with this final action was 

published on February 4, 2011. The 

effect of this action will be an obligation 

for EPA to promulgate a Federal 

Implementation Plan (FIP) for Indiana 

and Ohio no later than two years from 

the date of disapproval. The Transport 

Rule, when final, is the FIP that EPA 

intends to implement for Indiana and 

Ohio. 

DATES: This final rule is effective on 

August 19, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2009–0805. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly-available only in hard 

copy. Publicly-available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Andy Chang at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Attainment Planning and Maintenance 

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

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0258, 

chang.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What is our response to comments 

received on the notice of proposed 

rulemaking? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

Section 110(a)(1) of the CAA requires 

states to submit basic or ‘‘Infrastructure’’ 

SIPs to address a new or revised 

NAAQS within three years after 

promulgation of such standards, or 

within such shorter period as EPA may 

prescribe. As provided by section 

110(k)(2) of the CAA, within twelve 

months of a determination that a 

submitted SIP is complete under 

110(k)(1) of the CAA, the Administrator 

shall act on the plan. As authorized in 

section 110(k)(3) of the CAA, where 

portions of the state submittals are 

severable, within that twelve-month 

period EPA may approve the portions of 

the submittals that meet the 

requirements of the CAA, take no action 

on certain portions of the submittals, 

and disapprove the portions of the 

submittals that do not meet the 

requirements of the CAA. When the 

deficient provisions are not severable 

from all of the submitted provisions, 

EPA must propose disapproval of the 

submittals, consistent with section 

110(k)(3) of the CAA. 

Section 110(a)(2) of the CAA lists the 

elements that such new Infrastructure 

SIPs must address, as applicable, 

including section 110(a)(2)(D)(i), which 

pertains to interstate transport of certain 

emissions, also known as the CAA 

‘‘good neighbor’’ provisions. 

On December 18, 2006, EPA revised 

the 24-hour average PM2.5 primary and 

secondary NAAQS from 65 micrograms 

per cubic meter (μg/m3) to 35 μg/m3

(see, 71 FR 61144).1 On September 25, 

2009, EPA issued its ‘‘Guidance on SIP 

Elements Required Under Sections 

110(a)(1) and (2) for the 2006 24-Hour 

Fine Particle (PM2.5) National Ambient 

Air Quality Standards (NAAQS)’’ (2009 

Guidance). EPA developed the 2009 

Guidance for States making submissions 

to meet the requirements of section 110, 

including 110(a)(2)(D)(i) for the revised 

2006 24-hour PM2.5 NAAQS. 

As identified in the 2009 Guidance, 

the ‘‘good neighbor’’ provisions in 

section 110(a)(2)(D)(i) require each state 

to submit a SIP that prohibits emissions 

that adversely affect another state in the 


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