[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Rules and Regulations]
[Pages 45949-45954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18656]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0866; FRL-9705-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Preconstruction Requirements-Prevention of Significant 
Deterioration and Nonattainment New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving several revisions to the Maryland State 
Implementation Plan (SIP) submitted by the Maryland Department of the 
Environment (MDE). These revisions pertain to preconstruction 
requirements under the Prevention of Significant Deterioration (PSD) 
and non-attainment New Source Review (NSR) programs. The SIP revisions 
satisfy the following required SIP elements: NSR Reform, oxides of 
nitrogen (NOX) as a precursor to ozone, PM2.5, 
and Greenhouse Gases (GHGs). Additionally, EPA is approving, as a 
separate action, Maryland's submittals for purposes of meeting the 
infrastructure requirements of the Clean Air Act (CAA) which relate to

[[Page 45950]]

Maryland's PSD permitting program and are necessary to implement, 
maintain, and enforce the 1997 8-hour ozone and PM2.5 
National Ambient Air Quality Standards (NAAQS) and the 2006 
PM2.5 NAAQS. This action is being taken under the CAA.

DATES: Effective Date: This final rule is effective on September 4, 
2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0866. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) 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 www.regulations.gov or in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 
submittal are available at the Maryland Department of the Environment, 
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On March 19, 2012 (77 FR 15985), EPA published a 
notice of proposed rulemaking (NPR) for the State of Maryland. The NPR 
proposed approval of three SIP revision requests submitted by MDE, as 
described below.

II. Summary of SIP Revision

A. SIP Revision 07-13

    On October 24, 2007 MDE submitted a SIP revision request to EPA 
which included amendments to Regulations .01-.03, repeal of existing 
Regulations .04 and .05, and the adoption of new Regulations .04-.09 
under COMAR 26.11.17, Nonattainment Provisions for Major New Sources 
and Major Modifications. This SIP submittal revises the previously-
approved versions of these rules as approved into the Maryland SIP on 
February 12, 2001 for COMAR 26.11.17 Regulations .02, .04, and .05 (66 
FR 9766) and September 20, 2004 for COMAR 26.11.17 Regulations .01 and 
.03 (69 FR 56170). These amendments were adopted by Maryland on 
September 18, 2007 and became effective on October 22, 2007. The State 
adopted these regulations in order to meet the relevant plan 
requirements of Title 40 of the Code of Federal Regulations (CFR) 
51.165 and the CAA. EPA is approving these amendments.

B. SIP Revision 09-03

    On July 31, 2009, MDE submitted a SIP revision request to EPA that 
consisted of the incorporation by reference of the Federal PSD 
requirements at 40 CFR 52.21 as codified in the July 1, 2008 edition of 
the CFR. The SIP revision request included amendments to the MDE 
Regulation .01 under COMAR 26.11.01 (General Administrative Provisions) 
and Regulation .14 under COMAR 26.11.06 (General Emission Standards, 
Prohibitions, and Restrictions). On June 23, 2011, MDE submitted a 
letter, retracting the part of submission 09-03 which updated 
the incorporation by reference date. Since originally submitting 
09-03, Maryland has adopted the federal regulations as they 
appear in the July 1, 2009 version of the CFR (See State Submission 
11-02, below). Today's action approves only that part of the 
submission which clarifies the definitions of ``Administrator'' and 
``reviewing authority''.
    This SIP submittal revises the previously-approved versions of 
these rules as approved into the Maryland SIP on May 28, 2002 (67 FR 
36810). These amendments were adopted by Maryland on June 11, 2009 and 
became effective on July 16, 2009. The State adopted these regulations 
in order to meet the relevant plan requirements of 40 CFR 51.166 and 
the CAA. EPA is approving these amendments.

C. SIP Revision 11-02

    On June 23, 2011, MDE submitted a SIP revision request to EPA that 
consisted of the incorporation by reference of the federal PSD 
requirements at 40 CFR 52.21 as codified in the July 1, 2009 edition of 
the CFR, as well as the incorporation of the revisions to 40 CFR 52.21 
promulgated on May 13, 2010 in the Greenhouse Gas Tailoring Rule (75 FR 
31514). The SIP revision request included amendments to the MDE 
Regulation .01 under COMAR 26.11.01 (General Administrative 
Provisions), Regulations .01 and .12 under COMAR 26.11.02 (Permits, 
Approvals, and Registration), and Regulation .14 under COMAR 26.11.06 
(General Emission Standards, Prohibitions, and Restrictions).
    This SIP submittal revises the previously-approved versions of 
these rules, approved as follows: COMAR 26.11.01.01 and COMAR 
26.11.06.14 were adopted into the Maryland SIP on May 28, 2002 (67 FR 
36810). COMAR 26.11.02.01 and .12 were adopted into the Maryland SIP on 
February 27, 2003 (68 FR 9012). These amendments were adopted by 
Maryland on April 14, 2011 and became effective on May 16, 2009. The 
State adopted these regulations in order to meet the relevant plan 
requirements of 40 CFR 51.166 and the CAA. EPA is approving these 
amendments.
    As stated above, the SIP revisions submitted by MDE satisfy several 
required SIP elements: NSR Reform, NOX as a precursor to 
ozone, PM2.5, and Greenhouse Gases (GHGs). Additionally, EPA 
is approving, as a separate action, Maryland's submittals for purposes 
of meeting the infrastructure requirements of the CAA which relate to 
Maryland's PSD permitting program and are necessary to implement, 
maintain, and enforce the 1997 8-hour ozone and PM2.5 
National Ambient Air Quality Standards (NAAQS) and the 2006 
PM2.5 NAAQS. Other specific requirements of MDE's SIP 
revisions and the rationale for EPA's proposed action are explained in 
the NPR and will not be restated here.

III. EPA's Response to Comments Received on the Proposed Action

    EPA received a single set of relevant comments on its March 19, 
2012 (77 FR 15985) proposed action to approve revisions to the Maryland 
SIP. These comments, provided by Mr. Robert Ukeiley on behalf of the 
Sierra Club, (hereinafter referred to as ``the Commenter''), raised 
concerns about EPA's March 19, 2012 proposed action. A full set of 
these comments is provided in the docket for today's final action. A 
summary of the comments and EPA's responses are provided below.
    Generally, the Commenter raises three areas of concern. First, the 
Commenter asserts that the proposed revisions to Maryland's 
nonattainment program cannot be approved into the Maryland SIP because 
the ``reasonable possibility'' requirements are not included in the 
proposed regulations. Second, the Commenter asserts that ``NSR Reform'' 
cannot be approved into the Maryland SIP because EPA has failed to 
demonstrate that the new program ``ensures equivalent or greater 
emissions reductions * * *'' in accordance with CAA section 193. 
Finally, the Commenter asserts that EPA cannot approve the 2006 
PM2.5 Infrastructure

[[Page 45951]]

SIP because Maryland's incorporation by reference of the Federal 
regulations is ambiguous with respect to the regulation of 
NOX and volatile organic compounds (VOC's) as precursors to 
PM2.5, and because the proposed SIP revision does not 
include the PM2.5 increments that were promulgated by EPA on 
October 20, 2010 (75 FR 64864). EPA's response to these comments is 
provided below.
    Comment 1: The commenter asserts that the proposed SIP revision 
cannot be approved because it does not specifically contain the 
``reasonable possibility'' provisions of 40 CFR 51.165(a)(6).
    Response 1: As we noted in the notice of proposed rulemaking, EPA 
promulgated the ``reasonable possibility'' provisions of 40 CFR 
51.165(a)(6) on December 21, 2007 (72 FR 72607), after MDE submitted 
the revisions that are the subject of this action. However, we also 
noted that while the reasonable possibility provisions are a required 
program element, permitting authorities can meet the requirements with 
equivalent regulations (See 77 FR 15988). Contrary to the assertions of 
the commenter, we look for equivalence of a state's provisions and do 
not impose a requirement that ``ever[y] piece of information that is 
required by `reasonable possibility' requirements is required by [the 
State].'' Maryland's robust minor NSR program contains provisions which 
are equivalent to 40 CFR 51.165(a)(6). The Code of Maryland 
Administrative Regulations (COMAR) lists the activities MDE deems to be 
``insignificant'' and thus exempt from permitting requirements (See, 
COMAR 26.11.02.10). It is highly unlikely that any facility exceeding 
the 50 percent significant emissions rate threshold which triggers the 
requirements of 40 CFR 51.165(a)(6) would escape some level (major or 
minor) of preconstruction review under Maryland's regulations. Once a 
facility is subject to preconstruction review, Maryland's record 
keeping and reporting regulations meet or exceed all of the reasonable 
possibility requirements. MDE uses the authority under the general 
administrative provisions of COMAR 26.11.01 to require testing and 
monitoring (26.11.01.04), and recordkeeping and reporting 
(26.11.01.05). Thus, sources in Maryland that escape major NSR are not 
required merely to calculate baseline and projected actual emissions 
and keep records of those calculations onsite. Rather, for all but the 
most insignificant sources, those calculations are reviewed by MDE 
under their minor NSR program, and the testing, monitoring, 
recordkeeping and reporting requirements of COMAR 26.11.01 are 
incorporated into their preconstruction and operating permits. 
Additionally, the permit application requirements of 26.11.02.11, as 
well as MDE's general authority under 26.11.02.06 to deny an 
application that has failed to demonstrate compliance with Maryland's 
nonattainment NSR provisions (.06B(4)) or protection of the NAAQS 
(.06B(5)) all support a finding that Maryland has met the statutory 
requirements with regard to the reasonable possibility provisions.
    Comment 2: The Commenter asserts that EPA cannot approve the 2002 
NSR provisions into the Maryland SIP without demonstrating that the 
proposed revisions insure equivalent or greater emissions reductions 
than the previous program, in accordance with CAA section 193. Citing 
to the June 16, 2011 U.S. Court of Appeals for the Seventh Circuit 
(Seventh Circuit) decision in NRDC v. Jackson, the Commenter further 
asserts that in order provide such a demonstration, EPA must analyze 
data from states which have already adopted the NSR Reform provisions: 
``EPA can start by reviewing minor source permits for major sources of 
pollution in Georgia, New York, and North Carolina. EPA would need to 
determine which of these minor source permits would have triggered NA 
NSR under the old rules, using the actual to potential test and the 
shorter look back period. If any sources would have triggered 
[nonattainment] NSR under the old rules but did not trigger it under 
the `Reform' than (sic) the Reform did not provide equivalent or 
greater emission reductions'' (See Comments at 2).
    Response 2: The NSR Reform provisions at issue here have repeatedly 
withstood judicial review, and as we noted in our proposal, the 
revisions to the Maryland SIP largely mirror the Federal program. We 
disagree that the kind of analysis described by the Commenter is 
required in order to approve the revisions at issue into the SIP. We 
acknowledge the Seventh Circuit's admonishment against perpetual 
reliance on predictions over available data, as cited by the Commenter. 
However, as discussed below, EPA did not rely on the 2002 
``Supplemental Environmental Analysis'' which contained the predictions 
that were at issue in NRDC v. Jackson as the basis for approving these 
revisions into the Maryland SIP. Moreover, the number of permits that 
would have been required under pre-reform regulations is not 
determinative of whether a permitting authority has met its obligation 
with regard to CAA section 193: ``* * * the statutes concern the 
quantity of emissions, not the quantity of permits'' (See NRDC v. 
Jackson at 6). Additionally, it should be noted that the type of 
analysis recommended by the commenter fails to take into consideration 
the emission avoidances that occur when a source obtains a federally 
enforceable limit on its potential to emit (PTE) in order to avoid 
major NSR.
    The primary Reform provision with which the Commenter takes issue 
is the actual-to-projected actual test. Our basis for approving these 
revisions rests upon the fact that this applicability test can only be 
utilized by a fraction of sources in the permitting universe. As we 
noted in our proposal, only modifications to existing emission units at 
major stationary sources can use the baseline-to-projected actual test. 
The list of sources potentially affected by the revisions being 
proposed in this action is further shortened by the fact that electric 
generating units were already permitted to use this test because of the 
regulations arising from litigation in the Wisconsin Electric Power 
Company (WEPCO) case. This is commonly referred to as the ``WEPCO 
rule'' (See, 57 FR 32314). Furthermore, any modification that did 
manage to avoid the requirement to obtain a major NSR permit using the 
test would still be subject to the preconstruction permit requirements 
of Maryland's minor NSR program, including any of the attendant 
testing, monitoring, recordkeeping and reporting requirements. Based on 
the limited number of potentially affected sources and the stringency 
of Maryland's minor NSR program, we stand behind our determination that 
approving the NSR Reform provisions into the SIP will have, at worst, a 
neutral impact on emissions in Maryland. We disagree with the 
Commenter's assertion that additional analysis is required.
    Comment 3: The third comment relates to EPA's proposed approval of 
the portions of Maryland's 2006 PM2.5 infrastructure SIP 
which relate to the PSD requirements of CAA section 110(a)(2). The 
Commenter asserts that EPA cannot approve the infrastructure SIP 
without: (A) clarifying the PM2.5 precursor requirements for 
NOX and VOC's, and (B) including the PM2.5 
increments which were promulgated by EPA on October 20, 2010.
    Response 3: EPA believes Maryland has a PSD permitting program that 
is sufficient to meet the requirements in section 110(a)(2)(C), 
(D)(i)(II) and (J) of the CAA. In this final action, EPA is

[[Page 45952]]

approving COMAR 26.11.06.14 which incorporates by reference 40 CFR 
section 52.21 (2009) which includes the Federal regulations identified 
by the Commenter. This final action incorporates into the Maryland SIP 
40 CFR 52.21(b)(50)(i)(c) (providing NOX is a precursor to 
PM2.5) and 40 CFR 52.21(b)(50)(i)(d) (providing VOC's are 
presumed not to be precursors to PM2.5) (See also May 18, 
2008 ``Implementation of the New Source Review (NSR) Program for 
Particulate Matter Less than 2.5 Micrometers (PM2.5),'' (73 
FR 28321)). With respect to the PM2.5 increments, as the 
Commenter noted, states have until July 20, 2012 to submit SIP 
revisions which incorporate the October 20, 2011 PM2.5 
increment requirements (See 75 FR 64864). Therefore, the Commenter's 
assertion is not relevant to this SIP action. EPA believes that it is 
unreasonable not to approve the 2006 PM2.5 Infrastructure 
SIP because the State's SIP lacks requirements that EPA has not even 
required the State to submit yet. Instead, the EPA believes that it is 
appropriate for the EPA to take into consideration the timing and 
sequence of related SIP submissions as part of determining what it is 
reasonable to expect a State to have addressed in an infrastructure SIP 
for a NAAQS at the time when the EPA acts on such submission. Such an 
approach is reasonable, and to adopt a different approach by which the 
EPA could not act on an infrastructure SIP, or at least could not 
approve an infrastructure SIP, whenever there was any impending or 
future revision to the SIP that will be required by another collateral 
rulemaking action would result in regulatory gridlock. The EPA believes 
that such an outcome would be an unreasonable reading of the statutory 
process for the SIP's contemplated in section 110(a)(1) and (2). Based 
upon EPA's review of Maryland's PSD program, including the revisions 
subject to this action, Maryland has met its obligations pursuant to 
the portions of CAA section 110(a)(2) relating to PSD for the 1997 
PM2.5 NAAQS, the 1997 Ozone NAAQS, and the 2006 
PM2.5 NAAQS.

IV. Final Action

    EPA is approving MDE's July 31, 2009 and June 23, 2011 SIP 
submittals as a revision to the Maryland SIP.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 October 1, 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 pertaining to preconstruction permitting 
requirements under Maryland's PSD and nonattainment NSR programs 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, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 11, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    Therefore, 40 CFR part 52 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.


0
2. In Sec.  52.1070:
0
a. The table in paragraph (c) is amended by:
0
1. Adding an entry for COMAR 26.11.01.01 after the existing entry for 
COMAR 26.11.01.01.
0
2. Adding an entry for COMAR 26.11.02.01 after the existing entry for 
COMAR 26.11.02.01.

[[Page 45953]]

0
3. Revising the existing entries for COMAR 26.11.02.12, 26.11.06.14, 
and 26.11.17.01 through 26.11.17.05.
0
4. Adding entries for COMAR 26.11.17.06 through 26.11.17.09 in 
numerical order.
0
b. The table in paragraph (e) is amended by revising the entries for 
section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone 
NAAQS, section 110(a)(2) Infrastructure Requirements for the 1997 
PM2.5 NAAQS, and section 110(a)(2) Infrastructure 
Requirements for the 2006 PM2.5 NAAQS at the end of the 
table.
    The revised and added text reads as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
       Code of Maryland                               State effective                            explanation/
  administrative regulations       Title/subject            date         EPA approval date    citation at 40 CFR
      (COMAR)  citation                                                                            52.1100
----------------------------------------------------------------------------------------------------------------
                                   26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.01.01..................  Definitions.........            5/16/09  8/2/12 [Insert page  Added .01 B(6-1),
                                                                         number where the     and (18-1);
                                                                         document begins].    Revised .01B(37).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  26.11.02 Permits, Approvals, and Registration
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.02.01..................  Definitions.........            5/16/11  8/2/12 [Insert page  Added .01B(44)(f),
                                                                         number where the     .01C(1)(d).
                                                                         document begins].
 
                                                  * * * * * * *
26.11.02.12..................  Procedures for                  5/16/11  8/2/12 [Insert page  Added .12A(2)
                                Obtaining Approvals                      number where the
                                of PSD Sources and                       document begins].
                                NSR Sources,
                                Permits to
                                Construct, Permit
                                to Construct MACT
                                Determinations On a
                                Case-by-Case Basis
                                in Accordance with
                                40 CFR part 63,
                                subpart B, and
                                Certain 100-Ton
                                Sources.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                       26.11.06 General Emission Standards, Prohibitions, and Restrictions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.06.14..................  Control of PSD         7/16/09; 5/16/11  8/2/12 [Insert page  ...................
                                Sources.                                 number where the
                                                                         document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                 26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications
----------------------------------------------------------------------------------------------------------------
26.11.17.01..................  Definitions.........           10/22/07  8/2/12 [Insert page  ...................
                                                                         number where the
                                                                         document begins].
26.11.17.02..................  Applicability.......           10/22/07  8/2/12 [Insert page  ...................
                                                                         number where the
                                                                         document begins].
26.11.17.03..................  General Conditions..           10/22/07  8/2/12 [Insert page  ...................
                                                                         number where the
                                                                         document begins].
26.11.17.04..................  Creating Emission              10/22/07  8/2/12 [Insert page  Revised; Former
                                Reduction Credits                        number where the     Regulation .04 is
                                (ERCs).                                  document begins].    repealed and
                                                                                              replaced in its
                                                                                              entirety.
26.11.17.05..................  Information on                 10/22/07  8/2/12 [Insert page  Revised; Former
                                Emission Reductions                      number where the     Regulation .05 is
                                and Certification.                       document begins].    repealed and
                                                                                              replaced in its
                                                                                              entirety.
26.11.17.06..................  Transferring                   10/22/07  8/2/12 [Insert page  Added.
                                Emission Reduction                       number where the
                                Credits.                                 document begins].
26.11.17.07..................  Plantwide                      10/22/07  8/2/12 [Insert page  Added.
                                Applicability Limit                      number where the
                                (PAL)--General.                          document begins].
26.11.17.08..................  Plantwide                      10/22/07  8/2/12 [Insert page  Added.
                                Applicability Limit                      number where the
                                (PAL)--Permits.                          document begins].

[[Page 45954]]

 
26.11.17.09..................  Plantwide                      10/22/07  8/2/12 [Insert page  Added.
                                Applicability Limit                      number where the
                                (PAL)--Monitoring,                       document begins].
                                Record Keeping, and
                                Reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP    Applicable  geographic   State submittal                          Additional
            revision                      area                  date        EPA approval date     explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2)                Statewide.............    7/27/07, 11/30/  11/25/11, 76 FR    This action
 Infrastructure Requirements                                           07,   72624.             addresses the
 for the 1997 8-Hour Ozone                                                                      following CAA
 NAAQS.                                                                                         elements or
                                                                                                portions
                                                                                                thereof:
                                                                                                110(a)(2)(A),
                                                                                                (B), (C),
                                                                                                (D)(ii), (E),
                                                                                                (F), (G), (H),
                                                                                                (J), (K), (L),
                                                                                                and (M).
                                                          7/31/09, 6/23/11  8/2/12 [Insert     This action
                                                                             page number        addresses the
                                                                             where the          following CAA
                                                                             document begins].  elements or
                                                                                                portions
                                                                                                thereof:
                                                                                                110(a)(2)(C),
                                                                                                (D)(i)(II), and
                                                                                                (J).
Section 110(a)(2)                Statewide.............    4/3/08, 4/16/10  11/25/11, 76 FR    This action
 Infrastructure Requirements                                                 72624.             addresses the
 for the 1997 PM2.5 NAAQS.                                                                      following CAA
                                                                                                elements or
                                                                                                portions
                                                                                                thereof:
                                                                                                110(a)(2)(A),
                                                                                                (B), (C),
                                                                                                (D)(ii), (E),
                                                                                                (F), (G), (H),
                                                                                                (J), (K), (L),
                                                                                                and (M).
                                                          7/31/09, 6/23/11  8/2/12 [Insert     This action
                                                                             page number        addresses the
                                                                             where the          following CAA
                                                                             document begins].  elements or
                                                                                                portions
                                                                                                thereof:
                                                                                                110(a)(2)(C),
                                                                                                (D)(i)(II), and
                                                                                                (J).
Section 110(a)(2)                Statewide.............   4/16/10, 7/21/10  11/25/11, 76 FR    This action
 Infrastructure Requirements                                                 72624.             addresses the
 for the 2006 PM2.5 NAAQS.                                                                      following CAA
                                                                                                elements or
                                                                                                portions
                                                                                                thereof:
                                                                                                110(a)(2)(A),
                                                                                                (B), (C),
                                                                                                (D)(ii), (E),
                                                                                                (F), (G), (H),
                                                                                                (J), (K), (L),
                                                                                                and (M).
                                                          7/31/09, 6/23/11  8/2/12 [Insert     This action
                                                                             page number        addresses the
                                                                             where the          following CAA
                                                                             document begins].  elements or
                                                                                                portions
                                                                                                thereof:
                                                                                                110(a)(2)(C),
                                                                                                (D)(i)(II), and
                                                                                                (J).
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[FR Doc. 2012-18656 Filed 8-1-12; 8:45 am]
BILLING CODE 6560-50-P