[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Rules and Regulations]
[Pages 50195-50199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16598]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R04-OAR-2005-SC-0001, R04-OAR-2005-GA-0001-200516; FRL-7957-1]
Approval and Promulgation of Air Quality Implementation Plans;
South Carolina and Georgia; Attainment Demonstration for the
Appalachian, Catawba, Pee Dee, Waccamaw, Santee Lynches, Berkeley-
Charleston-Dorchester, Low Country, Lower Savannah, Central Midlands,
and Upper Savannah Early Action Compact Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving revisions to the South Carolina and
Georgia State Implementation Plans (SIPs), submitted by the South
Carolina Department of Health and Environmental Control (SC DHEC) and
the Georgia Environmental Protection Division (EPD), respectively, for
the Early Action Compact (EAC) areas in South Carolina and Georgia. The
proposed SIP revisions were submitted on December 29, 2004, by South
Carolina and December 31, 2004, by Georgia. There are ten EAC areas in
South Carolina and Georgia covered by this final action: the
Appalachian, Catawba, Pee Dee, Waccamaw, Santee Lynches, Berkeley-
Charleston-Dorchester, Low Country, Lower Savannah, Central Midlands,
and Upper Savannah EAC Areas. Only the Lower Savannah EAC Area has
counties in both South Carolina and Georgia. For the purposes of this
document, however, all of the above listed EAC areas will be
collectively referred to as the ``South Carolina and Georgia EAC
Areas.'' The SIP revisions meet the requirements for the South Carolina
and Georgia EAC Areas to attain and maintain the 8-hour ozone national
ambient air quality standard (the 8-hour ozone standard) as described
in the EAC Protocol and related regulations. EPA is also now approving
the photochemical modeling used by South Carolina and Georgia to
support the attainment and maintenance demonstrations of the 8-hour
ozone standard in the South Carolina and Georgia EAC Areas. The
revisions being approved today further incorporate regulatory control
measures into the South Carolina SIP, including two Statewide
regulations pertaining to control of nitrogen oxide (NOX)
emissions and open burning. In addition, this final action also
corrects inadvertent errors in the May 26, 2005, proposal document
relating to these SIP revisions (70 FR 30396).
In today's final action, EPA is not finalizing its proposed
rulemaking to defer the effective date of the nonattainment
designations for EAC areas. In a separate action, published on June 8,
2005, EPA proposed to defer the effective date of the nonattainment
deferred designation for EAC areas until December 31, 2006 (69 FR
23858). EPA final action on the deferral is expected to be published
before September 30, 2005.
DATES: This rule will be effective September 26, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) ID No. R04-OAR-2005-SC-0001 and R04-OAR-2005-
GA-0001. The EAC Protocol can be found in RME ID No. R04-OAR-2005-SC-
0001 or R04-OAR-2005-GA-0001. The protocol can also be found at http://www.epa.gov/air/eac/. All documents in the docket are listed in the RME
index at http://docket.epa.gov/rmepub/. Once in the system, select
``quick search,'' then key in the appropriate RME Docket identification
number. Although listed in the index, 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 in RME
or in hard copy 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 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 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, 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. The telephone number
is (404) 562-9140. Ms. Ward can also be reached via
[[Page 50196]]
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Today's Action
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
On May 26, 2005 (70 FR 30396), EPA proposed approval of SIP
revisions for the South Carolina and Georgia EAC Areas demonstrating
attainment and maintenance of the 8-hour ozone standard, 0.08 parts per
million (ppm), in these EAC Areas by December 31, 2007.\1\ Additional
information regarding the SIP revisions being approved today is
available in the proposed rule (70 FR 30396, May 26, 2005) and in the
Docket for this action. Only two of the ten South Carolina and Georgia
EAC Areas, Appalachian and Central Midlands, include counties
designated as nonattainment deferred. All of the other counties in the
South Carolina and Georgia EAC Areas are designated as unclassifiable/
attainment. Additional information regarding the designations process,
and the South Carolina and Georgia EAC Area designations, is available
in 69 FR 23858 (April 30, 2004).\2\ The SIP revisions being approved
today are consistent with the requirements established in the EAC
Protocol and related regulations.
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\1\ The 8-hour ozone standard was promulgated on July 18, 1997
(62 FR 38856).
\2\ As discussed in the April 30, 2004, designations and the May
26, 2005, proposal for the South Carolina--Georgia SIP revisions,
the South Carolina EAC Areas includes counties designated as
unclassifiable/attainment and nonattainment-deferred. The specific
measures included in the SIP revisions may be different depending on
the specific county's designation.
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EPA received public comments for thirty days on the SIP revisions
being approved today. Several comments were received and only one
opposed the proposal, but for reasons not directly related to the
substance of the SIP revisions. These comments are discussed below, in
Part III. ``Response to Comments.''
Summary of EAC Process
An EAC is an agreement between a state, local governments, and EPA
to implement measures not necessarily required by the Clean Air Act
(CAA) in order to achieve cleaner air as soon as possible.\3\
Communities close to or exceeding the 8-hour ozone standard that have
elected to enter into an EAC have started reducing air pollution at
least two years earlier than required by the CAA. In many cases, these
reductions will be achieved by local air pollution control measures not
otherwise mandated under the CAA. In accordance with the EAC Protocol,
South Carolina submitted EACs for the South Carolina and Georgia EAC
Areas in December, 2002. Georgia submitted materials for the Lower
Savannah EAC Area on December 31, 2002. The compacts themselves were
signed by state air quality officials in both Georgia and South
Carolina, representatives of the local communities, and the Regional
Administrator for EPA Region 4. The EAC program was designed for areas
that approached or monitored violations of the 8-hour ozone standard,
but were in attainment for the 1-hour ozone national ambient air
quality standard (the 1-hour ozone standard). The 1-hour ozone standard
will be revoked for counties in EAC areas one year after the effective
dates of their respective 8-hour ozone designations. See 40 CFR 50.9(b)
for additional information on the revocation of the 1-hour ozone
standard.
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\3\ Further information about the EAC program is available in
the EAC Protocol and prior Federal Register notices available at
http://www.epa.gov/air/eac/.
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As part of the EAC program, EPA deferred the effective date of the
nonattainment designations for EAC areas that were violating the 8-hour
ozone standard, but continue to meet the milestones described in the
EAC Protocol. Details of this deferral were published in the Federal
Register on April 30, 2004 (69 FR 23858). On June 8, 2005, EPA proposed
to extend the deferred effective date of the nonattainment designations
through December 31, 2006 (70 FR 33409), for the EAC areas that have
met their obligations. A subsequent action will continue the deferral
until December 31, 2007, when attainment evaluations will begin.
Pursuant to the EAC Protocol, the designation process is scheduled to
be completed by April 15, 2008. To date, the South Carolina and Georgia
EAC Areas have met all the EAC milestones. In April, 2008, it is
anticipated that EAC areas with air quality monitoring data showing
attainment for the years 2005-2007, that have also met all the compact
milestones, will be designated attainment for the 8-hour ozone
standard. EPA believes that early planning and implementation of
control measures that improve air quality will likely accelerate
protection of public health. The EAC program allows participating state
and local entities to make decisions that will accelerate meeting the
new 8-hour ozone standard using a mix of local, state, and federal
measures. All of the measures being approved today as part of the SIP
revisions will be mandatory and federally enforceable.
Brief Summary of Control Measures and Modeling
The details of the SIP revisions being approved today are available
for review in the RME Docket under ID No. R04-OAR-2005-SC-0001 and R04-
OAR-2005-GA-0001. In addition, the measures described below are applied
differently to different areas depending on the specific area's
designation (i.e., unclassifiable/attainment or nonattainment-
deferred). Generally, the SIP revisions include emissions inventory,
modeling, control strategies, and maintenance for growth elements as
required by the EAC Protocol. With regard to control measures, the
South Carolina and Georgia SIP revisions include federal, state, and
local control measures. The federal control measures for both states
include, among others, Tier 2 vehicle standards and low sulfur fuel,
and the NOX SIP Call for South Carolina.
The state control measures for South Carolina include amendments to
State Regulation 61-62, Air Pollution Control Regulations and
Standards, that revise State Regulation 61-62.2--Prohibition of Open
Burning and add State Regulation 61-62.5, Air Pollution Control
Standards, Standard No. 5.2, Control of Oxides of Nitrogen. Additional
information regarding these regulatory changes is available in the May
26, 2005, proposal (70 FR 30396) as well as in the Docket for this
rulemaking. These two regulations were published in the South Carolina
State Register on June 25, 2004, and are now being approved into the
South Carolina SIP.
The local control measures being approved into the South Carolina
SIP for the South Carolina EAC Areas include, among others,
implementing emissions reduction strategies at several facilities,
truck stop electrification, and gas can exchange events. The facilities
implementing emissions reduction strategies are the Duke Power Lee
Steam Station in Anderson County, the Transcontinental Gas Pipeline
Corporation in Spartanburg County, and International Paper and SCE&G--
Wateree in Richland County. Additional information regarding these and
other local measures is available in the May 26, 2005, proposal (70 FR
30396), and the Docket for this rulemaking. Specifically, Appendix 16
of the South Carolina SIP submittal, included in the Docket, contains
detailed information on the local measures being approved as part of
this final action.
[[Page 50197]]
In addition to control measures, the South Carolina SIP revisions
also include a maintenance for growth plan that meets and exceeds the
minimum requirements of the EAC Protocol for such a plan. The EAC
Protocol requires that maintenance be demonstrated through 2012. In
summary, the South Carolina plan demonstrates attainment until 2017,
commits to a mid-point evaluation in 2012, and commits to develop a
second 10-year maintenance plan from 2017-2027, among other elements.
The State of Georgia, as part of the Lower Savannah EAC Area, has
also adopted measures that positively impact air quality in that area.
This area is designated as unclassifiable/attainment, but still elected
to participate in the EAC program. Georgia's statewide control measures
include an open burning ban during the ozone season and Stage I Vapor
Recovery, among others. The Georgia SIP revisions also demonstrate
maintenance through 2012, as required by the EAC Protocol.
The States of South Carolina and Georgia both used a process known
as photochemical modeling to evaluate attainment and maintenance of the
8-hour ozone standard. The photochemical modeling performed by South
Carolina and Georgia used control measures to model attainment and
maintenance of the 8-hour ozone. The South Carolina EAC Areas passed
the attainment test for 2007, 2012, and 2017. Consistent with South
Carolina's modeling, Georgia's modeling for the Lower Savannah EAC Area
(modeled by both South Carolina and Georgia) demonstrates that the Area
passed the attainment test for 2007, and 2012. This type of modeling is
consistent with the EAC Protocol and EPA Draft Modeling Guidance that
was provided to the participating EAC Areas.\4\ Additional information
regarding the modeling performed by South Carolina and Georgia is
available in the Docket, RME ID No. R04-OAR-2005-SC-0001 and R04-OAR-
2005-GA-0001.
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\4\ This guidance can be found at http://www.epa.gov/ttn/naaqs/ozone/eac/index.htm#Guidance.
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II. Today's Action
Today, EPA is taking final action, pursuant to sections 110 and 116
of the CAA, 42 U.S.C. 7410 and 7416, to approve revisions to the South
Carolina and Georgia SIPs. The SIP revisions being approved today are
consistent with the EAC Protocol and related regulations. These
revisions demonstrate attainment of the 8-hour ozone standard within
the South Carolina and Georgia EAC Areas by 2007, and demonstrate
maintenance for five or more years beyond 2007. The revisions being
approved today further incorporate regulatory control measures
(revisions to state regulations) into the South Carolina SIP.
Additionally, today we are correcting inadvertent errors in the May
26, 2005, proposal to approve the South Carolina and Georgia EAC Area
SIP revisions (70 FR 30396). These inadvertent errors included the
types of control measures modeled for attainment, the counties included
in the Upper Savannah EAC Area, and a typographical error in the table
entitled, ``County Level Emission Reductions in South Carolina EAC
Nonattainment-Deferred Areas.'' These errors, described in greater
detail below, are now being corrected as part of this final action. The
corrections below are made to Section VII., ``What Measures are
Included in this EAC SIP Submittal,'' and are listed below.
1. Page 30402, 2nd paragraph, 2nd sentence should have read:
South Carolina also adopted and made revisions to measures
applicable statewide.
2. On page 30403, under the table entitled ``County Level
Emission Reductions in South Carolina EAC Nonattainment-Deferred
Areas,'' first column, sixth row, ``0.24 lb/mmBTU'' should have read
``0.27 lb/mmBTU.''
3. On page 30403, under the table entitled ``County Level
Emission Reductions in South Carolina EAC Nonattainment-Deferred
Areas,'' first column, sixth row, the following sentence should have
been included:
In addition, the low NOX burners will be installed
and implemented in accordance with the October 18, 2004, letter from
Duke Power included in the South Carolina SIP submittal.
4. On page 30404, 1st paragraph, 2nd sentence should have read:
There are two counties in Georgia, Richmond and Columbia,
participating in the Early Action Compact Program as a part of the
Lower Savannah EAC Area.
III. Response to Comments
EPA Region 4 received two comment letters in response to the May
26, 2005, proposal to approve the South Carolina and Georgia EAC Area
SIP revisions. Both comments expressed support for the goal of clean
air sooner. The first commenter supported EPA's proposal to approve the
South Carolina Appalachian EAC Area SIP revisions. The second commenter
raised concerns about EPA's proposal to approve the South Carolina and
Georgia EAC Area SIP revisions, although the issues raised by this
commenter were not directly relevant to the May 26, 2005, proposal.\5\
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\5\ EPA notes that the Southern Environmental Law Center (SELC)
provided EPA with comments on EPA's June 8, 2005, proposal to defer
the effective date of the nonattainment designations for the South
Carolina EAC Areas. Because this comment was submitted in response
to EPA's proposed deferral action, and not EPA's May 26, 2005,
proposal to approve South Carolina's SIP revisions, the comment will
be responded to by EPA in our subsequent rulemaking addressing the
deferred effective date for the nonattainment designation for South
Carolina EAC Areas.
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In the only unsupportive comment received in response to EPA's May
26, 2005, proposal to approve the South Carolina and Georgia EAC Area
SIP revisions, the commenter, the New York State Department of
Environmental Conservation (NYSDEC), noted its opposition to today's
action for two reasons. First, the SIP revisions provide for the
deferment of a nonattainment designation until a future date
potentially as late as December 31, 2007; second, the revisions relieve
the Areas of obligations under Title I, Subpart D of the CAA. These two
issues are directly related to EPA's June 8, 2005, proposal to defer
the effective date of the nonattainment designations for EAC Areas
across the country (70 FR 33409). NYSDEC also raised these same issues
in response to EPA's June 8, 2005, deferral proposal. Because the
comment relates to deferral issues, and was also submitted on the June
8, 2005, deferral proposal, it will be responded to by EPA in our
subsequent rulemaking addressing the deferred effective date for
nonattainment designations for EAC areas. When published, this final
deferral rule will be available on the EAC Web site http://www.epa.gov/air/eac/. Notably, contrary to the comment, today's action by EPA to
approve SIP revisions for the States of South Carolina and Georgia
neither provides for deferral of the nonattainment designation nor
relieves an area from obligations under Title I, Subpart D of the CAA.
IV. Final Action
EPA is approving the revisions to the South Carolina and Georgia
SIPs submitted on December 29, 2004, and December 31, 2004,
respectively, pursuant to the EAC Protocol and resulting in emission
reductions needed to attain and maintain the 8-hour ozone standard in
the Appalachian, Catawba, Pee Dee, Waccamaw, Santee Lynches, Berkeley-
Charleston-Dorchester, Low Country, Lower Savannah, Central Midlands,
and Upper Savannah EAC Areas.
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
[[Page 50198]]
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 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 October 25, 2005. 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 CAA 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: August 15, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
0
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.
Subpart L--Georgia
0
2. Section 52.570(e) is amended by adding a new entry 23 at the end of
the table to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA Approved Georgia Nonregulatory Provisions
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State submittal
Name of nonregulatory SIP provision Applicable geographic date/effective EPA approval date
or nonattainment area date
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* * * * * * *
23. Attainment Demonstration for the Lower Columbia and Richmond December 31, 2004. August 26, 2005.
Savannah--Augusta Early Action Compact Counties. [Insert first page
Area. number of publication]
* * * * * * *
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Subpart PP--South Carolina
0
3. Section 52.2120 is amended:
0
a. In paragraph (c) by revising the entry for ``Regulation No. 62.2.''
0
b. In paragraph (c) under Regulation 62.5, by adding a new entry for
``Standard No. 5.2.''
0
c. In paragraph (e) by adding a new entry at the end of the table for
``Attainment Demonstration for the Appalachian, Catawba, Pee Dee,
Waccamaw, Santee Lynches, Berkeley-Charleston-Dorchester, Low Country,
Lower Savannah, Central Midlands, and
[[Page 50199]]
Upper Savannah Early Action Compact Areas.''
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
Air Pollution Control Regulations for South Carolina
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State effective Federal Register
State citation Title/subject date EPA approval date Notice
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* * * * * * *
Regulation 62.2................. Prohibition of Open 06/25/04 08/26/05 [Insert first page
Burning. number of
publication].
* * * * * * *
Regulation No. 62.5 Air Pollution Control Standards
* * * * * * *
Standard No. 5.2................ Control of Oxides 06/25/04 08/26/05 [Insert first page
of Nitrogen (NOX). number of
publication].
* * * * * * *
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(e) * * *
EPA-Approved South Carolina Non-Regulatory Provisions
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State effective
Provision date EPA approval date Explanation
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* * * * * * *
Attainment Demonstration for the 12/29/04 08/26/05.....................
Appalachian, Catawba, Pee Dee, Waccamaw, [Insert first page number of
Santee Lynches, Berkeley-Charleston- publication].
Dorchester, Low Country, Lower Savannah,
Central Midlands, and Upper Savannah
Early Action Compact Areas.
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[FR Doc. 05-16598 Filed 8-25-05; 8:45 am]
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