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

1 The rule for the revised PM 2.5 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 PM 2.5 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 PM 2.5 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 PM** 2.5 **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 (PM 2.5 ) 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 PM 2.5 primary and secondary NAAQS from 65 micrograms per cubic meter ( μg/m 3 ) to 35 μg/m 3 (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 (PM 2.5 ) 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 PM 2.5 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