[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Rules and Regulations]
[Pages 14019-14024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06112]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0610; FRL-9924-47-Region 4]


Approval and Promulgation of Implementation Plans; Region 4 
States; 2008 Lead, 2008 Ozone and 2010 Nitrogen Dioxide Prevention of 
Significant Deterioration Infrastructure Plans

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of submissions from Alabama, Florida, Georgia, Kentucky, 
Mississippi, South Carolina and Tennessee for inclusion into each 
State's implementation plan. This action pertains to the Clean Air Act 
(CAA or Act) infrastructure requirements for the 2008 Lead, 2008 Ozone 
and 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality 
Standards (NAAQS). The CAA requires that each state adopt and submit a 
state implementation plan (SIP) for the implementation, maintenance, 
and enforcement of each NAAQS promulgated by EPA. These plans are 
commonly referred to as ``infrastructure'' SIPs. Specifically, EPA is 
approving the portions of the submissions from Alabama, Florida, 
Georgia, Kentucky, Mississippi, South Carolina and Tennessee that 
relate to the infrastructure SIP prevention of significant 
deterioration (PSD) requirements. All other applicable infrastructure 
requirements for the 2008 Lead, 2008 Ozone and 2010 NO2 
NAAQS associated with these States are being addressed in separate 
rulemakings.

DATES: This rule is effective on April 17, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0610. 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 www.regulations.gov or in hard 
copy at the Air Regulatory Management Section (formerly Regulatory 
Development Section), Air Planning and Implementation 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 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory 
Management Section, Air Planning and Implementation 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) 562-9043. Mr. Lakeman can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    By statute, SIPs meeting the requirements of sections 110(a)(1) and 
(2) are to be submitted by states within three years after promulgation 
of a new or revised NAAQS to provide for the implementation, 
maintenance, and enforcement of the new or revised NAAQS. EPA has 
historically referred to these SIP submissions made for the purpose of 
satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as 
``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require 
states to address basic SIP elements such as for monitoring, basic 
program requirements and legal authority that are designed to assure 
attainment and maintenance of the newly established or revised 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 the ``infrastructure'' SIP requirements related to 
a newly established or revised NAAQS. The contents of an infrastructure 
SIP submission may vary depending upon the data and analytical tools 
available to the state, as well as the provisions already contained in 
the state's implementation plan at the time in which the state develops 
and submits the submission for a new or revised NAAQS.
    Through this action, EPA is approving the PSD requirements of 
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) 
(hereafter ``PSD Elements'') for various infrastructure SIP submissions 
from the states of Alabama, Florida, Georgia, Kentucky, Mississippi, 
South Carolina and Tennessee. As described further below, for some of 
these states, EPA is approving the PSD Elements in the infrastructure 
SIP submissions for the 2008 Lead, 2008 Ozone and 2010 NO2 
NAAQS; whereas for other states, EPA is only approving the PSD Elements 
of the infrastructure SIP submissions for a subset of these NAAQS. All 
other applicable infrastructure requirements for the 2008 Lead, 2008 
Ozone and 2010 NO2 NAAQS associated with these States are 
being addressed in separate rulemakings.

a. 2008 Lead NAAQS

    For the 2008 Lead NAAQS, EPA is only approving the PSD Elements of 
the infrastructure SIP submissions from Alabama (received November 4, 
2011), Florida (received October 14, 2011), Georgia (received May 14, 
2012), Kentucky (received July 17, 2012), Mississippi (received 
November 17, 2011), and South Carolina (received September 20, 2011). 
EPA notes that the Agency approved the PSD Elements of Tennessee's 2008 
Lead infrastructure SIP submission on August 12, 2013 (78 FR 48806).

b. 2008 Ozone NAAQS

    For the 2008 Ozone NAAQS, EPA is only approving the PSD Elements of 
the infrastructure SIP submissions from Alabama (received August 20, 
2012), Georgia (received March 6, 2012), Mississippi (received May 29, 
2012; and resubmitted July 26, 2012), and South Carolina (received on 
July 17, 2012). EPA notes that the Agency approved the PSD Elements of 
the infrastructure SIP submissions for the 2008 Ozone NAAQS for 
Kentucky on March 7, 2013 (78 FR 14691) and November 3, 2014 (79 FR 
65143), and Tennessee on March 6, 2013 (78 FR 14450) and January 9, 
2014 (79 FR 1593).

[[Page 14020]]

c. 2010 NO2 NAAQS

    For the 2010 NO2 NAAQS, EPA is approving the PSD 
Elements of the infrastructure SIP submissions from Alabama (received 
April 23, 2013), Florida (received January 22, 2013), Georgia (received 
March 25, 2013), Kentucky (received April 26, 2013), Mississippi 
(received February 28, 2013), South Carolina (received April 30, 2014), 
and Tennessee (received March 13, 2014).
    EPA is acting upon the PSD Elements portions of SIP submissions 
that address the infrastructure requirements of CAA sections 110(a)(1) 
and 110(a)(2) for the 2008 Lead, 2008 Ozone and 2010 NO2 
NAAQS for various states in Region 4. Section 110(a)(2) includes a list 
of specific elements that ``[e]ach such plan'' submission must address. 
EPA's review of infrastructure SIP submissions with respect to the PSD 
program requirements in sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 
110(a)(2)(J) focuses upon the structural PSD program requirements 
contained in part C and EPA's PSD regulations. Structural PSD program 
requirements include provisions necessary for the PSD program to 
address all regulated sources and new source review (NSR) pollutants, 
including GHGs.
    On November 13, 2014, EPA published a proposed rulemaking to 
approve the portions of the above-described infrastructure SIP 
submissions from Alabama, Florida, Georgia, Kentucky, Mississippi, 
South Carolina and Tennessee to address the PSD permitting requirements 
of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 
110(a)(2)(J) of the CAA. See 79 FR 67398. Comments on the proposed 
rulemaking were due on or before December 15, 2014. No adverse comments 
were received. EPA's November 13, 2014, proposed rulemaking contains 
more detailed information regarding Alabama, Florida, Georgia, 
Kentucky, Mississippi, South Carolina and Tennessee submissions to 
address the PSD permitting requirements being approved today, and the 
rationale for this final action.

II. What are states required to address under Sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II) (Prong 3) and 110(a)(2)(J) related to PSD?

    Section 110(a)(2)(C) has three components that must be addressed in 
infrastructure SIP submissions: Enforcement, state-wide regulation of 
new and modified minor sources and minor modifications of major 
sources; and PSD permitting of major sources and major modifications in 
areas designated attainment or unclassifiable for the subject NAAQS as 
required by CAA title I part C (i.e., the major source PSD program).
    Section 110(a)(2)(D)(i) has two components; 110(a)(2)(D)(i)(I) and 
110(a)(2)(D)(i)(II). Each of these components have two subparts 
resulting in four distinct components, commonly referred to as 
``prongs,'' that must be addressed in infrastructure SIP submissions. 
The first two prongs, which are codified in section 110(a)(2)(D)(i)(I), 
are provisions that prohibit any source or other type of emissions 
activity in one state from contributing significantly to nonattainment 
of the NAAQS in another state (``prong 1''), and interfering with 
maintenance of the NAAQS in another state (``prong 2''). The third and 
fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are 
provisions that prohibit emissions activity in one state interfering 
with measures required to prevent significant deterioration of air 
quality in another state (``prong 3''), or to protect visibility in 
another state (``prong 4'').
    Section 110(a)(2)(J) has four components that must be addressed in 
infrastructure SIP submissions: (1) Consultation with government 
officials, (2) public notification, (3) prevention of significant 
deterioration, and (4) visibility protection.
    With respect to the PSD Elements of these sections, EPA interprets 
the CAA to require each state to make, for each new or revised NAAQS, 
an infrastructure SIP submission that demonstrates that the air agency 
has a complete PSD permitting program meeting the current requirements 
for all regulated NSR pollutants.
    See EPA's November 13, 2014, proposed rulemaking at 79 FR 67398 for 
more detailed information on EPA's analysis of how the Alabama, 
Florida, Georgia, Kentucky, Mississippi, South Carolina and Tennessee 
infrastructure SIP submissions meet the requirements of the PSD 
Elements for the NAAQS for which they were submitted. As mentioned 
above, EPA did not receive any adverse comments on the November 13, 
2014, proposed rulemaking. As such and based on EPA's analysis, the 
Agency has made the determination that:
     Alabama's SIP and practices are adequate and comply with 
PSD Elements for the 2008 Lead, 2008 Ozone and 2010 NO2 
NAAQS;
     Florida's SIP and practices are adequate and comply with 
PSD Elements for the 2008 Lead and 2010 NO2 NAAQS;
     Georgia's SIP and practices are adequate and comply with 
the PSD Elements for the 2008 Lead, 2008 Ozone, and 2010 NO2 
NAAQS;
     Kentucky's SIP and practices are adequate and comply with 
the PSD Elements for the 2008 Lead and 2010 NO2 NAAQS;
     Mississippi's SIP and practices are adequate and comply 
with the PSD Elements for the 2008 Lead, 2008 Ozone, and 2010 
NO2 NAAQS;
     South Carolina's SIP and practices are adequate and comply 
with the infrastructure SIP PSD Elements for the 2008 Lead, 2008 Ozone, 
and 2010 NO2 NAAQS; and
     Tennessee's SIP and practices are adequate and comply with 
the infrastructure SIP PSD Elements for the 2010 NO2 NAAQS.

III. Final Action

    As described above, EPA is approving the portions of the above-
described infrastructure SIP submissions from Alabama, Florida, 
Georgia, Kentucky, Mississippi, South Carolina and Tennessee to address 
the PSD permitting requirements of sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) of the CAA. As described 
above, for some of these states, EPA is approving the PSD Elements of 
the infrastructure SIP submissions for the 2008 Lead, 2008 Ozone and 
2010 Nitrogen NO2 NAAQS; whereas for other states, EPA is 
only approving the PSD Elements of the infrastructure SIP submissions 
for a subset of these NAAQS. EPA is approving these portions of these 
submissions because they are consistent with section 110 of the CAA.
    EPA also notes that, at present, the Agency has preliminarily 
determined that the Alabama, Florida, Georgia, Kentucky, Mississippi, 
South Carolina and Tennessee SIPs are sufficient to satisfy the PSD 
permitting requirements portion of section 110(a)(2)(C), 
110(a)(2)(D)(i)(II), prong 3 and 110(a)(2)(J) with respect to GHGs 
because the PSD permitting program previously-approved by EPA into the 
SIP continues to require that PSD permits (otherwise required based on 
emissions of pollutants other than GHGs) contain limitations on GHG 
emissions based on the application of Best Available Control 
Technology. Although the approved Alabama, Florida, Georgia, Kentucky, 
Mississippi, South Carolina and Tennessee PSD permitting programs may 
currently contain provisions that are no longer necessary in light of 
the Supreme Court's Utility Air Regulatory Group v. Environmental 
Protection Agency

[[Page 14021]]

decision, these previous approvals do not render the infrastructure SIP 
submission inadequate to satisfy sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J). The SIPs contain the 
necessary PSD requirements at this time, and the application of those 
requirements is not impeded by the presence of other previously-
approved provisions regarding the permitting of sources of GHGs that 
EPA does not consider necessary at this time in light of the Supreme 
Court decision. Accordingly, the Supreme Court decision does not affect 
EPA's approval of Alabama, Florida, Georgia, Kentucky, Mississippi, 
South Carolina and Tennessee's infrastructure SIPs as to the PSD 
permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) 
(prong 3) and 110(a)(2)(J).

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. See 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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).
    With the exception of South Carolina, the SIPs involved in this 
action are not approved to apply on any Indian reservation land or in 
any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.'' With respect to 
this action as it relates to South Carolina, EPA notes that the Catawba 
Indian Nation Reservation is located within South Carolina and pursuant 
to the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, 
``all state and local environmental laws and regulations apply to the 
Catawba Indian Nation and Reservation and are fully enforceable by all 
relevant state and local agencies and authorities.'' Thus, the South 
Carolina SIP applies to the Catawba Reservation, however, because this 
action is not approving any specific rule into the South Carolina SIP, 
but rather proposing that the State's already approved SIP meets 
certain CAA requirements, EPA has determined that there are no 
substantial direct effects on the Catawba Indian Nation. EPA has also 
determined that these revisions will not impose any 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 May 18, 2015. 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: March 6, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart B--Alabama

0
2. Section 52.50(e), is amended by adding three new entries for 
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead 
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 
Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for 
the 2010 NO2 NAAQS'' at the end of the table to read as 
follows:


Sec.  52.50  Identification of plan.

* * * * *
    (e) * * *

[[Page 14022]]



                                 EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    Applicable
  Name of  nonregulatory SIP      geographic or         State
           provision              nonattainment    submittal date/    EPA Approval date         Explanation
                                       area        effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2)               Alabama..........       11/4/2011  3/18/2015 Federal       Addressing the PSD
 Infrastructure Requirements                                        Register citation.      permitting
 for the 2008 Lead NAAQS.                                                                   requirements of
                                                                                            sections
                                                                                            110(a)(2)(C),
                                                                                            110(a)(2)(D)(i)(II)
                                                                                            (prong 3) and
                                                                                            110(a)(2)(J) only.
110(a)(1) and (2)               Alabama..........       8/20/2012  3/18/2015 [Insert       Addressing the PSD
 Infrastructure Requirements                                        Federal Register        permitting
 for the 2008 Ozone NAAQS.                                          citation].              requirements of
                                                                                            sections
                                                                                            110(a)(2)(C),
                                                                                            110(a)(2)(D)(i)(II)
                                                                                            (prong 3) and
                                                                                            110(a)(2)(J) only.
110(a)(1) and (2)               Alabama..........       4/23/2013  3/18/2015 [Insert       Addressing the PSD
 Infrastructure Requirements                                        Federal Register        permitting
 for the 2010 NO2 NAAQS.                                            citation].              requirements of
                                                                                            sections
                                                                                            110(a)(2)(C),
                                                                                            110(a)(2)(D)(i)(II)
                                                                                            (prong 3) and
                                                                                            110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------

Subpart K--Florida

0
3. Section 52.520(e), is amended by adding two new entries for 
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead 
NAAQS'' and ``110(a)(1) and (2) Infrastructure Requirements for the 
2010 NO2 NAAQS'' at the end of the table to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        State       EPA Approval     Federal Register
            Provision              effective date       date              notice               Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure       10/14/2011       3/18/2015  [Insert Federal      Addressing the PSD
 Requirements for the 2008 Lead                                     Register citation].  permitting requirements
 NAAQS.                                                                                  of sections
                                                                                         110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure        1/22/2013       3/18/2015  [Insert Federal      Addressing the PSD
 Requirements for the 2010 NO2                                      Register citation].  permitting requirements
 NAAQS.                                                                                  of sections
                                                                                         110(a)(2)(C),
                                                                                         110(a)(2)(D)(i)(II)
                                                                                         (prong 3) and
                                                                                         110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------

Subpart L--Georgia

0
4. Section 52.570(e), is amended by adding three new entries for 
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead 
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 
Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for 
the 2010 NO2 NAAQS'' at the end of the table to read as 
follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    Applicable
  Name of  nonregulatory SIP      geographic or         State
           provision              nonattainment    submittal date/    EPA Approval date         Explanation
                                       area        effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2)               Georgia..........       5/14/2012  3/18/2015 [Insert       Addressing the PSD
 Infrastructure Requirements                                        Federal Register        permitting
 for the 2008 Lead NAAQS.                                           citation].              requirements of
                                                                                            sections
                                                                                            110(a)(2)(C),
                                                                                            110(a)(2)(D)(i)(II)
                                                                                            (prong 3) and
                                                                                            110(a)(2)(J) only.
110(a)(1) and (2)               Georgia..........        3/6/2012  3/18/2015 [Insert       Addressing the PSD
 Infrastructure Requirements                                        Federal Register        permitting
 for the 2008 Ozone NAAQS.                                          citation].              requirements of
                                                                                            sections
                                                                                            110(a)(2)(C),
                                                                                            110(a)(2)(D)(i)(II)
                                                                                            (prong 3) and
                                                                                            110(a)(2)(J) only.

[[Page 14023]]

 
110(a)(1) and (2)               Georgia..........       3/25/2013  3/18/2015 [Insert       Addressing the PSD
 Infrastructure Requirements                                        Federal Register        permitting
 for the 2010 NO2 NAAQS.                                            citation].              requirements of
                                                                                            sections
                                                                                            110(a)(2)(C),
                                                                                            110(a)(2)(D)(i)(II)
                                                                                            (prong 3) and
                                                                                            110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------

Subpart S--Kentucky

0
5. Section 52.920(e), is amended by adding two new entries ``110(a)(1) 
and (2) Infrastructure Requirements for the 2008 Lead NAAQS'' and 
``110(a)(1) and (2) Infrastructure Requirements for the 2010 
NO2 NAAQS'' at the end of the table to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
  Name of  non-regulatory  SIP      geographic or    submittal date/  EPA Approval date        Explanations
           provision             nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2)                Kentucky..........       7/17/2012  3/18/2015 [Insert   Addressing the PSD
 Infrastructure Requirements                                          Federal Register    permitting
 for the 2008 Lead NAAQS.                                             citation].          requirements of
                                                                                          sections 110(a)(2)(C),
                                                                                          110(a)(2)(D)(i)(II)
                                                                                          (prong 3) and
                                                                                          110(a)(2)(J) only
110(a)(1) and (2)                Kentucky..........       4/26/2013  3/18/2015 [Insert   Addressing the PSD
 Infrastructure Requirements                                          Federal Register    permitting
 for the 2010 NO2 NAAQS.                                              citation].          requirements of
                                                                                          sections 110(a)(2)(C),
                                                                                          110(a)(2)(D)(i)(II)
                                                                                          (prong 3) and
                                                                                          110(a)(2)(J) only
----------------------------------------------------------------------------------------------------------------

Subpart Z--Mississippi

0
6. Section 52.1270(e), is amended by adding three new entries for 
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead 
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 
Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for 
the 2010 NO2 NAAQS'' at the end of the table to read as 
follows:


Sec.  52.1270  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
  Name of  nonregulatory  SIP       geographic or    submittal date/  EPA Approval date        Explanation
           provision             nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2)                Mississippi.......      11/17/2011  3/18/2015.........  Addressing the PSD
 Infrastructure Requirements                                         [Insert Federal      permitting
 for the 2008 Lead NAAQS.                                             Register            requirements of
                                                                      citation].          sections 110(a)(2)(C),
                                                                                          110(a)(2)(D)(i)(II)
                                                                                          (prong 3) and
                                                                                          110(a)(2)(J) only.
110(a)(1) and (2)                Mississippi.......   5/29/2012 and  3/18/2015.........  Addressing the PSD
 Infrastructure Requirements                          amended on 7/  [Insert Federal      permitting
 for the 2008 Ozone NAAQS.                                  26/2012   Register            requirements of
                                                                      citation].          sections 110(a)(2)(C),
                                                                                          110(a)(2)(D)(i)(II)
                                                                                          (prong 3) and
                                                                                          110(a)(2)(J) only.
110(a)(1) and (2)                Mississippi.......       2/28/2013  3/18/2015.........  Addressing the PSD
 Infrastructure Requirements                                         [Insert Federal      permitting
 for the 2010 NO2 NAAQS.                                              Register            requirements of
                                                                      citation].          sections 110(a)(2)(C),
                                                                                          110(a)(2)(D)(i)(II)
                                                                                          (prong 3) and
                                                                                          110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------

Subpart PP--South Carolina

0
7. Section 52.2120(e), is amended by adding three new entries for 
``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead 
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 
Ozone NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for 
the 2010 NO2 NAAQS'' at the end of the table to read as 
follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

[[Page 14024]]



----------------------------------------------------------------------------------------------------------------
                                             State
               Provision                effective date      EPA Approval date               Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure             9/20/2011  3/18/2015................  Addressing the PSD permitting
 Requirements for the 2008 Lead NAAQS.                  [Insert Federal Register    requirements of sections
                                                         citation].                 110(a)(2)(C),
                                                                                    110(a)(2)(D)(i)(II) (prong
                                                                                    3) and 110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure             7/17/2012  3/18/2015................  Addressing the PSD permitting
 Requirements for the 2008 Ozone NAAQS.                 [Insert Federal Register    requirements of sections
                                                         citation].                 110(a)(2)(C),
                                                                                    110(a)(2)(D)(i)(II) (prong
                                                                                    3) and 110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure             4/30/2014  3/18/2015................  Addressing the PSD permitting
 Requirements for the 2010 NO2 NAAQS.                   [Insert Federal Register    requirements of sections
                                                         citation].                 110(a)(2)(C),
                                                                                    110(a)(2)(D)(i)(II) (prong
                                                                                    3) and 110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------

Subpart RR--Tennessee

0
8. Section 52.2220(e), is amended by adding a new entry for ``110(a)(1) 
and (2) Infrastructure Requirements for the 2010 NO2 NAAQS'' 
at the end of the table to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
  Name of  non-regulatory  SIP      geographic or         State       EPA Approval date        Explanation
           provision             nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2)                Tennessee.........       3/13/2014  3/18/2015 [Insert   Addressing the PSD
 Infrastructure Requirements                                          Federal Register    permitting
 for the 2010 NO2 NAAQS.                                              citation].          requirements of
                                                                                          sections 110(a)(2)(C),
                                                                                          110(a)(2)(D)(i)(II)
                                                                                          (prong 3) and
                                                                                          110(a)(2)(J) only.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-06112 Filed 3-17-15; 8:45 am]
 BILLING CODE 6560-50-P