[Federal Register Volume 69, Number 19 (Thursday, January 29, 2004)]
[Rules and Regulations]
[Pages 4245-4249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1818]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-50-200405 (a); FRL-7614-7]


Approval and Promulgation of Implementation Plans; Revisions to 
South Carolina State Implementation Plan: Transportation Conformity 
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving the State Implementation Plan (SIP) 
revision submitted by the State of South Carolina on November 19, 2003, 
for the purpose of establishing specific consultation procedures for 
the implementation of transportation conformity requirements. This SIP 
revision also incorporates the State's adoption of the Federal 
transportation conformity regulations verbatim. EPA is not taking 
action on portions of the transportation conformity regulations 
affected by Environmental Defense Fund v. EPA, 167 F.3d 641 (DC Cir. 
1999), including sections 102(c)(1), 118(e)(1), 120(a)(2), 121(a)(1), 
and 124(b). The transportation conformity rule assures that projected 
emissions from transportation plans, improvement programs and projects 
in air quality nonattainment or maintenance areas stay within the motor 
vehicle emissions ceiling contained in the SIP. The transportation 
conformity SIP revision enables the State to implement and enforce the 
Federal transportation conformity requirement at the state level. This 
action streamlines the conformity process to allow direct consultation 
among agencies at the local level. This final approval action is 
limited to requirements for transportation conformity.

DATES: This direct final rule is effective March 29, 2004 without 
further notice, unless EPA receives adverse comment by March 1, 2004. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Comments may be submitted by mail to: Matt Laurita, Air 
Quality Modeling and Transportation 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. Comments may also be submitted electronically, or through 
hand delivery/courier. Please follow the detailed instructions 
described in sections IV.B.1. through 3.

FOR FURTHER INFORMATION CONTACT: Matt Laurita, Air Quality Modeling and 
Transportation 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) 562-9044. Mr. Laurita can also be reached via electronic mail 
at [email protected].

supplementary information:

I. Background

A. What Is a SIP?

    The states, under section 110 of the Clean Air Act as amended in 
1990 (Act), must develop air pollution regulations and control 
strategies to ensure that state air quality meets National Ambient Air 
Quality Standards (NAAQS) established by EPA. The Act, under section 
109, established these NAAQS which currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must send these regulations and control strategies to 
EPA for approval and incorporation into the Federally enforceable SIP, 
which protects air quality and contains emission control plans for 
NAAQS nonattainment areas. These SIPs can be extensive, containing 
state regulations or other enforceable documents and supporting 
information such as emission inventories, monitoring networks, and 
modeling demonstrations.

B. What Is the Federal Approval Process for a SIP?

    The states must formally adopt the regulations and control 
strategies consistent with state and Federal laws for incorporating the 
state regulations into the Federally enforceable SIP. This process 
generally includes a public notice, public comment period, public 
hearing, and a formal adoption by a state-authorized rulemaking body.
    Once a state rule, regulation, or control strategy is adopted, the 
state will send these provisions to EPA for inclusion in the Federally 
enforceable SIP. EPA must then determine the appropriate Federal 
action, provide public notice, and request additional public comment on 
the action. The possible Federal actions include approval, disapproval, 
conditional approval and limited approval/disapproval. If adverse 
comments are received, EPA must consider and address the comments 
before taking final action.
    EPA incorporates state regulations and supporting information (sent 
under section 110 of the Act) into the Federally approved SIP through 
the approval action. EPA maintains records of all such SIP actions in 
the Code of Federal Regulations (CFR) at Title 40, part 52, entitled 
``Approval and Promulgation of Implementation Plans.'' The EPA does not 
reproduce the text of the Federally approved state regulations in the 
CFR. They are ``incorporated by reference,'' which means that the 
specific state regulation is cited in the CFR and is considered a part 
of the CFR the same as if the text were fully printed in the CFR.

C. What Is Transportation Conformity?

    Conformity first appeared as a requirement in the Act's 1977 
amendments (Pub. L. 95-95). Although

[[Page 4246]]

the Act did not define conformity, it stated that no Federal department 
could engage in, support in any way or provide financial assistance 
for, license or permit, or approve any activity which did not conform 
to a SIP which has been approved or promulgated.
    The 1990 Amendments to the Act expanded the scope and content of 
the conformity concept by defining conformity to a SIP. Section 176(c) 
of the Act defines conformity as conformity to the SIP's purpose of 
eliminating or reducing the severity and number of violations of the 
NAAQS and achieving expeditious attainment of such standards. Also, the 
Act states ``that no Federal activity will: (1) cause or contribute to 
any new violation of any standard in any area, (2) increase the 
frequency or severity of any existing violation of any standard in any 
area, or (3) delay timely attainment of any standard or any required 
interim emission reductions or other milestones in any area.'' The 
requirements of section 176(c) of the Clean Air Act apply to all 
departments, agencies and instrumentalities of the Federal government. 
Transportation conformity refers only to the conformity of 
transportation plans, programs and projects that are funded or approved 
under title 23 U.S.C. or the Federal Transit Act (49 U.S.C. Chapter 
53).

D. Why Must the State Submit a Transportation Conformity SIP?

    A transportation conformity SIP is a plan which contains criteria 
and procedures for the State Department of Transportation (DOT), 
Metropolitan Planning Organizations (MPOs), and other state or local 
agencies to assess the conformity of transportation plans, programs and 
projects to ensure that they do not cause or contribute to new 
violations of a NAAQS in the area substantially affected by the 
project, increase the frequency or severity of existing violations of a 
standard in such area or delay timely attainment. 40 CFR 51.390, 
subpart T requires states to submit a SIP that establishes criteria for 
conformity to EPA. 40 CFR part 93, subpart A, provides the criteria the 
SIP must meet to satisfy 40 CFR 51.390.
    EPA was required to issue criteria and procedures for determining 
conformity of transportation plans, programs, and projects to a SIP by 
section 176(c) of the Act. The Act also required the procedure to 
include a requirement that each state submit a revision to its SIP 
including conformity criteria and procedures. EPA published the first 
transportation conformity rule in the November 24, 1993, Federal 
Register (FR), and it was codified at 40 CFR part 51, subpart T and 40 
CFR part 93, subpart A. The transportation conformity rule required the 
states to adopt and submit a transportation conformity SIP revision to 
the appropriate EPA Regional Office by November 25, 1994. The rule was 
subsequently revised on August 7, 1995 (60 FR 40098), and November 14, 
1995 (60 FR 57179). The State of South Carolina submitted a 
transportation conformity SIP to EPA Region 4 on November 8, 1996. EPA 
did not take action on this SIP because the Agency was in the process 
of revising the transportation conformity requirements. EPA revised the 
transportation conformity rule on August 15, 1997 (62 FR 43780), April 
10, 2000 (65 FR 18911), and August 6, 2002 (67 FR 50808), and codified 
the revisions under 40 CFR part 51, subpart T and 40 CFR part 93, 
subpart A--Conformity to State or Federal Implementation Plans of 
Transportation Plans, Programs, and Projects Developed, Funded or 
Approved Under Title 23 U.S.C. of the Federal Transit Laws (62 FR 
43780). EPA's action of August 15, 1997, required the states to change 
their rules and submit a SIP revision to EPA by August 15, 1998.
    States may choose to develop in place of regulations, a Memorandum 
of Agreement (MOA) which establishes the roles and procedures for 
transportation conformity. The MOA includes the detailed consultation 
procedures developed for that particular area. The MOAs are enforceable 
through the signature of all the transportation and air quality 
agencies, including the Federal Highway Administration (FHWA), Federal 
Transit Administration (FTA) and EPA.

E. How Does Transportation Conformity Work?

    The Federal or state transportation conformity rule applies to 
applicable NAAQS nonattainment and maintenance areas in the state. The 
MPO, the DOT (in absence of a MPO), State and local Air Quality 
Agencies , EPA and U.S. Department of Transportation (USDOT) are 
involved in the process of making conformity determinations. Conformity 
determinations are made on programs and plans such as transportation 
improvement programs (TIP), transportation plans, and projects. The 
MPOs calculate the projected emissions that will result from 
implementation of the transportation plans and programs and compare 
those calculated emissions to the motor vehicle emissions budget (MVEB) 
established in the SIP. The calculated emissions must be equal to or 
smaller than the Federally approved MVEB in order for USDOT to make a 
positive conformity determination with respect to the SIP.

II. Analysis of State's Submittal

A. What Did the State Submit?

    The State of South Carolina chose to address the transportation 
conformity SIP requirements using State rules that incorporate by 
reference portions of the Federal conformity rule and a Memorandum of 
Agreement (MOA) that provides the procedures for interagency 
consultation. The transportation conformity rule, 40 CFR 93.105, 
requires the state to develop specific procedures for consultation, 
resolution of conflict and public consultation. On November 19, 2003, 
the State of South Carolina, through the Department of Health and 
Environmental Control (DHEC), submitted the rules for transportation 
conformity to satisfy the conformity SIP requirement of the August 15, 
1997 (62 FR 43780) conformity rule revision. This submittal also 
includes the revisions to the conformity regulations made on April 10, 
2000 (65 FR 18911), and August 6, 2002 (67 FR 50808). DHEC gave notice 
of rule-making proceedings to the public on August 22, 2003 and held a 
public hearing on September 22, 2003. These amendments to the South 
Carolina Code of Regulations Chapter 61 became effective October 24, 
2003.

B. What Is EPA Approving Today and Why?

    EPA is approving the South Carolina transportation conformity rule 
submitted to the EPA Region 4 office on November 19, 2003, by the 
Deputy Commissioner of the South Carolina Department of Health and 
Environmental Control, with the exception of portions of the 
transportation conformity regulations affected by Environmental Defense 
Fund v. EPA, 167 F.3d 641 (D.C. Cir. 1999), including sections 
102(c)(1), 118(e)(1), 120(a)(2), 121(a)(1), and 124(b).
    EPA has evaluated this SIP revision and determined that the SIP 
requirements of the Federal transportation conformity rule, as 
described in 40 CFR part 51, subpart T and 40 CFR part 93, subpart A, 
have been met. Therefore, EPA is approving this revision to the South 
Carolina SIP.

C. How Did the State Satisfy the Interagency Consultation Process (40 
CFR 93.105)?

    EPA's rule requires the states to develop their own processes and 
procedures for interagency consultation

[[Page 4247]]

among Federal, state, and local agencies and resolution of conflicts 
meeting the criteria of 40 CFR 93.105. The SIP revision must include 
the process and procedures to be followed by the MPOs, DOT, FHWA, FTA, 
local transit operators, the state and local air quality agencies and 
EPA before making conformity determinations. The transportation 
conformity SIP revision must also include processes and procedures for 
the state and local air quality agencies and EPA to coordinate the 
development of applicable SIPs with MPOs, state DOTs, FHWA and FTA.
    The State of South Carolina developed a statewide consultation rule 
based on a Memorandum of Agreement (MOA) signed by the Columbia Area 
Transportation Study MPO, the Greenville Area Transportation Study MPO, 
the Spartanburg Area Transportation Study MPO, the Augusta Regional 
Transportation Study MPO, the Rock Hill/Fort Mill Area Transportation 
Study MPO, Florence Area Transportation Study MPO, the Anderson Area 
Transportation Study MPO, the Charleston Area Transportation Study MPO, 
the Grand Strand Area Transportation Study MPO, the Sumter Area 
Transportation Study MPO, the South Carolina DHEC, the South Carolina 
DOT, the FHWA South Carolina Division Office, FTA Region 4, and EPA 
Region 4. The requirement for interagency consultation is currently 
only applicable to the Cherokee County 1-hour ozone maintenance area, 
as it is the only area in South Carolina that had previously been 
designated nonattainment for any NAAQS. The interagency consultation 
requirement will become effective for any other areas designated as 
nonattainment under the 8-hour ozone or PM2.5 NAAQS. The consultation 
process developed by the South Carolina Department of Health and 
Environmental Control is unique to the State of South Carolina and is 
enforceable, effective October 24, 2003.

III. Final Action

    EPA is approving the aforementioned changes to the South Carolina 
SIP. EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective March 29, 2004 
without further notice unless the Agency receives adverse comments by 
March 1, 2004.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on March 29, 2004 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. Supplementary Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under SC-50. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing 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 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 9 to 3:30, excluding federal 
holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the Bureau of Air Quality, South 
Carolina Department of Health and Environmental Control, 2600 Bull 
Street, Columbia, South Carolina 29201.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking SC-50.'' in the subject line on 
the first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that

[[Page 4248]]

is placed in the official public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Please include the text ``Public comment on 
proposed rulemaking SC-50.'' in the subject line. EPA's e-mail system 
is not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identity, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Matt Laurita, Air Quality 
Modeling and Transportation 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. Please include the text ``Public comment on proposed 
rulemaking SC-50.'' in the subject line on the first page of your 
comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Matt 
Laurita, Air Quality Modeling and Transportation Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division 12th floor, U.S. 
Environmental Protection Agency Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 9 to 3:30, 
excluding Federal holidays.

C. How Should I Submit Confidential Business Information (CBI) to the 
Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus

[[Page 4249]]

standards (VCS), EPA has no authority to disapprove a SIP submission 
for failure to use VCS. It would thus be inconsistent with applicable 
law for EPA, when it reviews a SIP submission, to use VCS in place of a 
SIP submission that otherwise satisfies the provisions of the Clean Air 
Act. Thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    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 rule 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 by March 29, 2004. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: January 5, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Chapter I, title 40, Code of Federal Regulations, is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart PP--South Carolina

0
2. Section 52.2120(e) is amended by adding a new entry at the end of 
the table for ``Transportation Conformity'' to read as follows:


Sec. 52.2120  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
           Provision               State effective date          EPA approval date             Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Transportation Conformity......  10/24/03                  January 29, 2004 [insert
                                                            citation of publication]
----------------------------------------------------------------------------------------------------------------

[FR Doc. 04-1818 Filed 1-28-04; 8:45 am]
BILLING CODE 6560-50-P