[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Rules and Regulations]
[Pages 70019-70022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33471]



[[Page 70019]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-035-1-9833a;FRL-6204-1]


Approval and Promulgation of Implementation Plans; South Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Cherokee County ozone 
maintenance area portion of the South Carolina Air Quality 
Implementation Plan or State Implementation Plan (SIP) submitted on 
June 27, 1998, through the South Carolina Department of Health and 
Environmental Control (SC DHEC). This SIP revision updates the 
emissions inventory and emissions budget established in the Cherokee 
County Ozone Maintenance Plan for conducting transportation conformity 
analyses in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This direct final rule is effective February 16, 1999 without 
further notice, unless EPA receives adverse comment by January 19, 
1999. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: All comments should be addressed to Lynorae Benjamin at 
Region 4 EPA Air, Pesticides and Toxics Management Division, Air 
Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303.
    Copies of the documents relative to this action are available for 
public inspection during normal business hours at the following 
locations. Persons wanting to examine these documents should make an 
appointment with the appropriate office at least 24 hours before the 
visiting day. Reference file number SC-035-9833. The Region 4 office 
may have additional background documents not available at the other 
locations.
    Air and Radiation Docket and Information Center (Air Docket 6102), 
EPA, 401 M Street, SW, Washington, DC 20460.
    EPA, Region 4 Air, Pesticides and Toxics Management Division, Air 
Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303.
    SC DHEC, Bureau of Air Quality, 2600 Bull Street, Columbia, South 
Carolina 29201.

FOR FURTHER INFORMATION CONTACT: Lynorae Benjamin at (404) 562-9040. 
Reference file SC-035-9833.

SUPPLEMENTARY INFORMATION: The following sections: Background, Analysis 
of the State's Submittal, and Final Action, provide additional 
information concerning the revisions to the Cherokee County Ozone 
Maintenance Area portion of the South Carolina SIP.

I. Background

    On November 6, 1991, Cherokee County was designated by EPA as a 
marginal nonattainment area because of multiple exceedances in 1988 of 
the National Ambient Air Quality Standard (NAAQS) for ozone at the air 
quality monitor located in the Cowpens National Battle Field. After 
three consecutive years of satisfactory air quality data, Cherokee 
County was redesignated to attainment for the one hour ozone standard 
on December 15, 1992. A maintenance plan for Cherokee County was 
submitted to and approved by EPA to help assure continued attainment of 
the ozone standard. MOBILE model 4.1 (the current model at that time) 
was used to estimate the emissions inventory and emissions budgets for 
the maintenance plan.
    Any update to the mobile emissions budget must use the latest 
planning assumptions including the currently approved version of the 
mobile model. The update contained in this SIP submittal uses MOBILE 
5a, the currently specified model for use in the preparation or 
revision of implementation plans in maintenance areas, to the estimate 
emissions inventory and emissions budgets.

II. Analysis of the State's Submittal

    As stated previously, this SIP submittal is based on MOBILE 5a, the 
currently specified model for use in the preparation or revision of 
implementation plans in maintenance areas, to estimate the emissions 
inventory and emissions budget levels. This revision also incorporates 
the addition of an emissions safety margin to the on-road emissions 
source category. The safety margin is made possible by an emissions 
reduction in the area source category for nitrogen oxides 
(NOX)and volatile organic compounds (VOC) emissions from 
residential wood burning. The previous SIP submittal overestimated 
emissions from residential wood burning. Furthermore, the previous SIP 
submittal used a projected population growth from 1990 to 2002 of 11.6 
percent based on the 1992 South Carolina Statistical Abstracts. More 
recent data from the 1995 South Carolina Abstracts indicate that the 
projected growth rate will be 12.5 percent for that period of time.
    The CAA, as amended in 1990, defines conformity to an 
implementation plan as conformity to the plan's purpose of reducing the 
severity and number of violations of the NAAQS and achieving 
expeditious attainment of such standards. Specifically, the CAA 
requires that transportation improvement programs (TIP) and long range 
transportation plans that are federally funded or approved not cause or 
contribute to any new violation, increase the frequency or severity of 
any existing violation, or delay timely attainment of any standard or 
any required interim emission reductions or other milestones in any 
area. Therefore, the emissions expected from implementation of such 
transportation plan and programs must be consistent with estimates of 
emissions from a maintenance plan.
    This SIP contains comprehensive inventories for VOC, 
NOX, and carbon monoxide (CO) emissions for the Cherokee 
County Maintenance Area. The inventories include point sources, area 
sources, on-road mobile, non-road mobile, and biogenic sources, 
including the safety margin. The emissions safety margin and the on-
road emissions source category, combined, comprise the total conformity 
emissions budget.
    The following tables list a summary of the CO, NOX, and 
VOC emissions for 1990, as well as a projection of these emissions for 
2002. The 1990 data was taken from the ``1990 Base Year Ozone Emissions 
Inventory for Cherokee County, South Carolina Nonattainment Area,'' 
March 1995. The on-road mobile source projections are based on MOBILE 
5a modeling. All other projections are based on population growth from 
the 1995 South Carolina Statistical Abstracts. The projected population 
growth from 1990 to 2002 is 12.5 percent.

[[Page 70020]]



     Cherokee County Maintenance Area--Summary: Daily and Annual Emissions Projections for 1990 through 2002
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                                                   Tons/Day                              Tons/Year
             Pollutant             -----------------------------------------------------------------------------
                                        1990         2000         2002         1990         2000         2002
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VOC...............................        43.47        42.33        42.41    10,148.40     9,739.86     9,772.69
NOX...............................         9.38         9.24         9.15     3,439.30     3,388.29     3,357.73
CO................................        74.23        46.64        44.24    30,096.10    20,338.60    19,527.31
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       Cherokee County Maintenance Area--Daily and Annual VOC Emissions Projections for 1990 through 2002
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                                                   Tons/Day                              Tons/Year
           VOC Emissions           -----------------------------------------------------------------------------
                                        1990         2000         2002         1990         2000         2002
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Point Sources.....................         2.02         2.23         2.27       614.10       677.97       690.86
Area Sources......................         3.79         4.19         4.27     1,596.40     1,762.43     1,795.95
On-road Mobile....................         6.11         4.32         4.28     2,229.20     1,578.37     1,563.29
Non-road Mobile...................         0.23         0.25         0.26        71.10        78.49        79.99
Biogenic Sources..................        31.32        31.32        31.32     5,637.60     5,637.60     5,637.60
Safety margin.....................           NA         0.01         0.01           NA         5.00         5.00
                                   -----------------------------------------------------------------------------
    Total.........................        43.47        42.32        42.41    10,148.40     9,739.86     9,772.69
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       Cherokee County Maintenance Area--Daily and Annual NOx Emissions Projections for 1990 through 2002
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                                                   Tons/Day                              Tons/Year
           NOX Emissions           -----------------------------------------------------------------------------
                                        1990         2000         2002         1990         2000         2002
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Point Sources.....................         0.82         0.91         0.93       270.20       298.30       303.98
Area Sources......................         0.21         0.23         0.24       147.10       162.40       165.49
On-road Mobile....................         7.79         7.45         7.34     2,843.90     2,720.97     2,677.91
Non-road Mobile...................         0.55         0.61         0.62       178.10       196.62       200.36
Biogenic Sources..................           NA           NA           NA           NA           NA           NA
Safety margin.....................           NA         0.03         0.03           NA        10.00        10.00
                                   -----------------------------------------------------------------------------
    Total.........................         9.37         9.23         9.16     3,439.30     3,388.29     3,357.74
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        Cherokee County Maintenance Area--Daily and Annual CO Emissions Projections for 1990 through 2002
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                                                   Tons/Day                              Tons/Year
           CO Emissions            -----------------------------------------------------------------------------
                                        1990         2000         2002         1990         2000         2002
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Point Sources.....................         0.26         0.29         0.29        83.20        91.85        93.60
Area Sources......................         5.84         6.45         6.57     5,319.70     5,872.95     5,984.66
On-road Mobile....................        64.92        36.36        33.77    23,695.80    13,272.67    12,326.98
Non-road Mobile...................         3.20         3.53         3.60       997.40     1,101.13     1,122.08
Biogenic Sources..................           NA           NA           NA           NA           NA           NA
                                   -----------------------------------------------------------------------------
    Total.........................        74.22        46.63        44.23    30,096.10    20,338.60    19,527.32
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III. Final Action

    EPA is approving the aforementioned changes to the SIP. The Agency 
has reviewed this request for revision of the Federally approved SIP 
for conformance with the provisions of the Amendments enacted on 
November 15, 1990, and the Transportation Conformity Rule promulgated 
on November 24, 1993 and amended on August 15, 1997. The Agency has 
determined that this request conforms to those requirements. Therefore, 
this action updates and revises the emissions inventory and emissions 
budget for the Cherokee County Ozone Maintenance Area.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective 
February 16, 1999 without further notice unless the Agency receives 
relevant adverse comments by January 19, 1999.
    If the EPA receives such comments, then EPA will publish a timely 
withdrawal of the final rule informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period for this rule. Any parties interested 
in commenting on this rule should do so at this time. If no such 
comments are received, the public is advised that this rule will be 
effective

[[Page 70021]]

on February 16, 1999 and no further action will be taken on the 
proposed rule.
    The ozone SIP is designed to satisfy the requirements of part D of 
the CAA and to provide for attainment and maintenance of the ozone 
NAAQS. Approval of this motor vehicle emissions budget should not be 
interpreted as authorizing the State to delete, alter, or rescind any 
of the VOC or NOx emission limitations and restrictions 
contained in the approved ozone SIP. Changes to ozone SIP VOC 
regulations rendering them less stringent than those contained in the 
EPA approved plan cannot be made unless a revised maintenance plan is 
submitted to and approved by EPA. Unauthorized relaxations, deletions, 
and changes could result in both a finding of non-implementation 
[section 173(b) of the CAA] and in a SIP deficiency call made pursuant 
to section 110 (a)(2)(H) of the CAA.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, ``Regulatory 
Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, Enhancing the Intergovernmental Partnership, EPA 
may not issue a regulation that is not required by statute and that 
creates a mandate upon a State, local or tribal government, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by those governments, or EPA consults with 
those governments. If EPA complies by consulting, E.O. 12875 requires 
EPA to provide to the Office of Management and Budget a description of 
the extent of EPA's prior consultation with representatives of affected 
State, local and tribal governments, the nature of their concerns, 
copies of any written communications from the governments, and a 
statement supporting the need to issue the regulation. In addition, 
E.O. 12875 requires EPA to develop an effective process permitting 
elected officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency. This rule is not subject to E.O. 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under E.O. 13084, Consultation and Coordination with Indian Tribal 
Governments, EPA may not issue a regulation that is not required by 
statute, that significantly or uniquely affects the communities of 
Indian tribal governments, and that imposes substantial direct 
compliance costs on those communities, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, E.O. 13084 requires EPA to 
provide to the Office of Management and Budget, in a separately 
identified section of the preamble to the rule, a description of the 
extent of EPA's prior consultation with representatives of affected 
tribal governments, a summary of the nature of their concerns, and a 
statement supporting the need to issue the regulation. In addition, 
E.O. 13084 requires EPA to develop an effective process permitting 
elected officials and other representatives of Indian tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory policies on matters that significantly or uniquely affect 
their communities.'' Today's rule does not significantly or uniquely 
affect the communities of Indian tribal governments. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Disclaimer Language Approving SIP Revisions in Audit Law States

    Nothing in this action should be construed as making any 
determination or expressing any position regarding South Carolina's 
audit privilege and penalty immunity law, South Carolina--``S.C. Code 
Ann. Secs. 4857-57-10 et seq. (Supp. 1996) or its impact upon any 
approved provision in the SIP, including the revision at issue here. 
The action taken herein does not express or imply any viewpoint on the 
question of whether there are legal deficiencies in this or any other 
CAA program resulting from the effect of South Carolina's audit 
privilege and immunity law. A state audit privilege and immunity law 
can affect only state enforcement and cannot have any impact on federal 
enforcement authorities. EPA may at any time invoke its authority under 
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to 
enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the CAA is likewise unaffected by a 
state audit privilege or immunity law.

G. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must

[[Page 70022]]

prepare a budgetary impact statement to accompany any proposed or final 
rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.
    There are exceptions for actions that involve source specific 
regulations and actions that contain the ``good cause'' clause for 
making the action effective sooner than 60 days.

H. 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 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. This rule is not a 
``major'' rule as defined by 5 U.S.C. 804(2).

I. 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 February 16, 1999. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen oxides, Ozone, Reporting and recordkeeping requirements.

    Dated: November 25, 1998.
A. Stanley Meiburg,
Acting, Regional Administrator, Region 4.
    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

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

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

Subpart PP--South Carolina

    2. Section 52.2120, paragraph (e) is added to read as follows:


Sec. 52.2120  Identification of plan.

* * * * *
    (e) EPA-approved South Carolina non-regulatory provisions.

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                                  State
          Provision             effective     EPA approval     Comments
                                   date           date
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Cherokee County Ozone             06/26/98  December 18,
 Attainment Demonstration and                1998.
 Ten-year Maintenance Plan.
Narrative of the ``Emissions      06/26/98  December 18,
 Inventory Projections for                   1998.
 Cherokee County''.
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[FR Doc. 98-33471 Filed 12-17-98; 8:45 am]
BILLING CODE 6560-50-P