[Federal Register Volume 67, Number 81 (Friday, April 26, 2002)]
[Rules and Regulations]
[Pages 20647-20651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10334]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-039; 043-200222(a); FRL-7202-4]


Approval and Promulgation of Implementation Plans South Carolina: 
Approval of Revisions to the 1-Hour Ozone Maintenance State 
Implementation Plan for the Cherokee County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Cherokee County 1-hour ozone 
maintenance area portion of the South Carolina Air Quality State 
Implementation Plan (SIP), submitted by the South Carolina Department 
of Health and Environmental Control (SC DHEC) on January 31, 2002. This 
SIP revision satisfies the requirement of section 175A(b) of the Clean 
Air Act (CAA) for the second 10-year update for the Cherokee County 
maintenance plan. Additionally, this submittal explicitly identifies 
the motor vehicle emission budgets (`budgets') for oxides of nitrogen 
(NOX) and volatile organic compounds (VOC). In this action, 
EPA is also approving and finding adequate Cherokee County's `budgets' 
for NOX and VOC supplied in this updated maintenance plan. 
These budgets,

[[Page 20648]]

identified for the year 2012, will be used for the purposes of 
conducting transportation conformity analyses for Cherokee County, in 
accordance with the requirements of the CAA amendments of 1990 and the 
Transportation Conformity rule.

DATES: This direct final rule is effective on June 25, 2002 without 
further notice, unless EPA receives adverse written comment by May 28, 
2002. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the action will not take effect. EPA will subsequently 
respond to submitted comments and take final action on the parallel 
proposed rule published elsewhere in the proposed rules section of this 
Federal Register.

ADDRESSES: All comments should be addressed to: Sean Lakeman or Lynorae 
Benjamin at the EPA, Region 4 Air Planning Branch, 61 Forsyth Street, 
SW, Atlanta, Georgia 30303-8960.
    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-039; 043-200222. 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.
    SC DHEC, Bureau of Air Quality, 2600 Bull Street, Columbia, South 
Carolina 29201.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Planning 
Section, Air, Pesticides and Toxics Management Division, Region 4, 
Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth 
Street, SW, Atlanta, Georgia 30303-8960. Mr. Lakeman's telephone number 
is (404) 562-9043. He can also be reached via electronic mail at 
[email protected].
    Lynorae Benjamin, Air Quality Modeling and Transportation Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
Region 4, Environmental Protection Agency, Atlanta Federal Center, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8960. Ms. Benjamin's 
telephone number is (404) 562-9040. She can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: The following provides additional 
information and EPA's rationale for approving the revisions to the 1-
hour ozone maintenance plan for the Cherokee County portion of the 
South Carolina SIP.

A. What Is the Background for This Action?

    On November 6, 1991, Cherokee County, South Carolina 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 1-hour ozone 
standard on December 15, 1992 (57 FR 59300). A ten-year maintenance 
plan for Cherokee County was submitted to and approved by EPA to help 
assure continued attainment of the 1-hour ozone standard. The mobile 
emission model, MOBILE 4.1 (the current model at that time), was used 
to estimate the emissions inventory for VOC, NOX, and carbon 
monoxide (CO) for the maintenance plan. The last year for the 
maintenance plan is 2002.
    Through direct final rulemaking, published in the Federal Register 
on December 18, 1998, EPA approved revisions to the 1-hour ozone 
maintenance plan for the Cherokee County portion of the South Carolina 
SIP submitted on June 27, 1998, by the State of South Carolina (63 FR 
70019). The primary purpose of that action was to incorporate revised 
motor vehicle emissions budgets for NOX and VOC for Cherokee 
County, South Carolina, into the SIP. Specifically, that approval 
action updated emission projections previously developed with the 
MOBILE 4.1 emissions model with emission projections developed with the 
MOBILE 5a emissions model. Further, that action specified that the 
emission projections for the on-road emissions source category combined 
with the available safety margin, were being considered as ``budgets'' 
to be used for demonstration of conformity of transportation plans, 
programs, and projects with the South Carolina SIP for the Cherokee 
County 1-hour ozone maintenance area. The safety margin was made 
possible by emission reductions in the area source category for 
NOX and VOC emissions from residential wood burning. The 
previous SIP submittal overestimated emissions from residential wood 
burning. A ``safety margin'' is the difference between the attainment 
level of emissions (from all sources) and the projected level of 
emissions (from all sources) in the maintenance plan. The budget years 
that resulted from that action were 2000 and 2002, the last year of the 
maintenance plan.

B. What Did the State Submit?

    On February 21, 2001, SC DHEC submitted a SIP revision updating 
emission projections for the ten-year maintenance period immediately 
following the last year (i.e., 2002) of the initial maintenance plan 
submitted for Cherokee County, South Carolina. On January 31, 2002, SC 
DHEC submitted a revision to the February 21, 2001, submittal that 
removed the Tier 2/Low Sulfur credit from its earlier revision and 
recalculated the emissions budget accordingly. These SIP revisions were 
submitted to satisfy the requirement of section 175A(b) of the CAA and 
contains comprehensive inventories for VOC, NOX, and CO 
emissions for the Cherokee County maintenance area. The inventories 
include point sources, area sources, on-road mobile, non-road mobile, 
biogenic sources, and in some cases, a safety margin. The emission 
projections for area and non-road sources applied growth factors of 
10.4 percent for 2000 and 12.5 percent for 2002 to the base line 1990 
emissions based on the 1995 South Carolina Statistical Abstracts. The 
1990 data was taken from the ``1990 Base Year Ozone Emissions Inventory 
for Cherokee County, South Carolina Nonattainment Area,'' March 1995. 
Based on more recent data from the 1998 South Carolina Statistical 
Abstracts, the State used a growth rate of 21.4 percent for the 2012 
emissions projections. The on-road mobile source projections are based 
on MOBILE 5a modeling. The following tables list a summary of the CO, 
NOX, and VOC emissions for 1990 and 2000, as well as a 
projection of these emissions for 2002 and 2012.

[[Page 20649]]



                         Cherokee County Maintenance Area--Summary: Daily and Annual Emission Projections for 1990 through 2012
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                                                                       Tons/Day                                            Tons/Year
                    Pollutant                    -------------------------------------------------------------------------------------------------------
                                                      1990         2000         2002         2012         1990         2000         2002         2012
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VOC.............................................        43.47        42.32        42.41        43.28    10,148.40     9,739.86     9,772.63    10,104.83
NOX.............................................         9.37         9.23         9.16         8.36     3,439.30     3,388.29     3,357.74     3,068.34
CO..............................................        74.22        46.67        44.23        40.04    30,096.10    20,338.54    19,527.32    18,299.39
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                            Cherokee County Maintenance Area--Daily and Annual VOC Emission Projections for 1990 through 2012
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                                                                       Tons/Day                                            Tons/Year
                  VOC Emissions                  -------------------------------------------------------------------------------------------------------
                                                      1990         2000         2002         2012         1990         2000         2002         2012
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Point Sources...................................         2.02         2.23         2.27         2.51       614.10       677.97       690.86       763.14
Area Sources....................................         3.79         4.19         4.27         4.61     1,596.40     1,762.43     1,795.95     1,938.03
On-road Mobile..................................         6.11         4.32         4.28         4.59     2,229.20     1,578.37     1,563.23     1,674.74
Non-road Mobile.................................         0.23         0.25         0.26         0.24        71.10        78.49        79.99        86.32
Biogenic Sources................................        31.32        31.32        31.32        31.32     5,637.60     5,637.60     5,637.60     5,637.60
Safety Margin...................................           NA         0.01         0.01         0.01           NA         5.00         5.00         5.00
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................        43.47        42.32        42.41        43.28    10,148.40     9,739.86     9,772.63    10,104.83
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                            Cherokee County Maintenance Area--Daily and Annual NOX Emission Projections for 1990 through 2012
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                                                                       Tons/Day                                            Tons/Year
                  NOX Emissions                  -------------------------------------------------------------------------------------------------------
                                                      1990         2000         2002         2012         1990         2000         2002         2012
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Point Sources...................................         0.82         0.91         0.93         1.02       270.20       298.30       303.98       335.78
Area Sources....................................         0.21         0.23         0.24         0.26       147.10       162.40       165.49       178.58
On-road Mobile..................................         7.79         7.45         7.34         6.38     2,843.90     2.720.97     2,677.91     2,327.77
Non-road Mobile.................................         0.55         0.61         0.62         0.67       178.10       196.62       200.36       216.21
Biogenic Sources................................           NA           NA           NA           NA           NA           NA           NA           NA
Safety Margin...................................           NA         0.03         0.03         0.03           NA        10.00        10.00        10.00
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................         9.37         9.23         9.16         8.36     3,439.30     3,388.29     3,357.74     3,068.34
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                            Cherokee County Maintenance Area--Daily and Annual CO Emission Projections for 1990 through 2012
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                                                                       Tons/Day                                            Tons/Year
                  CO Emissions                   -------------------------------------------------------------------------------------------------------
                                                      1990         2000         2002         2012         1990         2000         2002         2012
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Point Sources...................................         0.26         0.29         0.29         0.32        83.20        91.85        93.60       104.43
Area Sources....................................         5.84         6.45         6.57          7.0     5,319.70     5,872.95     5,984.66     6,458.12
On-road Mobile..................................        64.92        36.40        33.77        28.84    23,695.80    13,272.61    12,326.98    10,526.00
Non-road Mobile.................................         3.20         3.53         3.60         3.88       997.40     1,101.13     1,122.08     1,210.84
Biogenic Sources................................           NA           NA           NA           NA           NA           NA           NA           NA
    Total.......................................        74.22        46.67        44.23        40.04    30,096.10    20,338.54    19,527.32    18,299.39
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    In addition to the updated emission projections and in accordance 
with the requirements of the Transportation Conformity rule and its 
subsequent amendments (i.e., 40 CFR part 93), the State explicitly 
identifies the motor vehicle emission budgets for NOX and 
VOC for 2012, and beyond. Until 2012, the applicable budgets for the 
purposes of conducting transportation conformity analyses for Cherokee 
County will continue to be the 2002 motor vehicle emissions budgets. 
Transportation conformity means that the level of emissions from the 
transportation sector (cars, trucks and buses) must be consistent with 
the requirements in the SIP to attain and maintain the air quality 
standards. Section 176(c) of Clean Air Act, 42 U.S.C. 7506(c), states 
that transportation plans, programs and projects conform to an 
effective implementation plan. The Transportation Conformity Rule and 
its subsequent amendments require an ozone maintenance area, such as 
Cherokee County, to compare the actual projected emissions from cars, 
trucks and buses on the highway network, to the motor vehicle emission 
budgets established by a maintenance plan. Our approval of this 
maintenance plan establishes the motor vehicle emission budgets for 
transportation conformity purposes. See section entitled, What are the 
motor vehicle emissions budgets for Cherokee County, South Carolina?, 
of this rulemaking for more details.

C. Does the State Submittal Meet the SIP Approval Requirements 
Under Section 110?

    This SIP submittal meets the requirements outlined in section 110 
and Part D of Title I of the CAA amendments and 40 CFR part 51 
(Requirements for Preparation, Adoption and Submittal of

[[Page 20650]]

Implementation Plans). Further, the SIP submittal meets the 
requirements of the Transportation Conformity Rule and its subsequent 
amendments (i.e., 40 CFR part 93).

D. What Are the Motor Vehicle Emissions Budgets for Cherokee 
County, South Carolina?

    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 projects, 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 projects, plans and programs must 
be consistent with estimates of emissions from a maintenance plan. As 
such, SC DHEC has specifically identified emission budgets for VOC and 
NOX for the Cherokee County maintenance area.
    Section 2.5, Motor Vehicle Emissions Budget, of the State's 
submittal explicitly defines the on-road mobile sources portion of the 
emissions inventory for VOC and NOX as the motor vehicle 
emission budgets to be used by the South Carolina Department of 
Transportation and transportation authorities to assure that 
transportation plans, programs, and projects are consistent with, and 
conform to, the long-term maintenance of the 1-hour ozone standard in 
Cherokee County. An emissions budget is the level of controlled 
emissions from the transportation sector (mobile sources) projected by 
the state and included in the SIP. The SIP controls emissions through 
regulation, for example, of fuels and exhaust levels for cars. The 
emissions budget concept is further explained in the preamble to the 
November 24, 1993, transportation conformity rule (58 FR 62188). The 
preamble also describes how states establish the motor vehicle emission 
budgets in the SIP and revise the emissions budget. The following table 
highlights the motor vehicle emission budgets for NOX and 
VOC for the Cherokee County maintenance area in South Carolina.

        2012 Motor Vehicle Emissions Budgets for Cherokee County
------------------------------------------------------------------------
                                                              NOX (tons
                     VOC (tons per day)                        per day)
------------------------------------------------------------------------
4.59.......................................................         6.38
------------------------------------------------------------------------

    Through this action, EPA is notifying the public that we believe 
the ``budgets'' for VOC and NOX identified in the Cherokee 
County 1-hour ozone maintenance plan update are adequate for conformity 
purposes and approvable as part of the maintenance plan for this area, 
because in addition to meeting the requirements of section 175A and 
107(d), adequate opportunity for public comment on these ``budgets'' 
was provided through the State public comment process and the adequacy 
process (posted February 12, 2002). As of March 14, 2002, the close of 
the public notice period, there were no requests for copies of the 
State's submittal for public review or comment.

E. What is the Process for EPA Approval of This Action?

    EPA is publishing approval for this rule without prior proposal 
because the Agency views this as a noncontroversial action and 
anticipates no adverse comment. However, in a separate document in this 
Federal Register publication, EPA is proposing to approve this action 
should adverse written comments be filed. This action will be effective 
on June 25, 2002 without further notice unless EPA receives adverse 
comment by May 28, 2002. If EPA receives adverse comment, EPA will 
publish a timely withdrawal in the Federal Register informing the 
public that the clarification for this rule will not take effect. EPA 
will address all public comments in a subsequent final rule based on 
the proposed rule. EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

Final Action

    EPA is approving revisions to the 1-hour ozone maintenance plan to 
update emission projections for the next ten-year maintenance period 
for the Cherokee County, South Carolina maintenance area. Additionally, 
EPA is deeming adequate and approving the motor vehicle emission 
budgets for the Cherokee County maintenance area for VOC and 
NOX for the year 2012, and beyond.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 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,

[[Page 20651]]

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 June 25, 2002. 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, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements.

    Dated: April 18, 2002.
Winston A. Smith,
Acting for Regional Administrator, Region 4.

    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. Revise Sec. 52.2120(e) 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 date       EPA approval date              Explanation
----------------------------------------------------------------------------------------------------------------
Cherokee County Ozone Ten Year                  01/31/02  April 26, 2002.
 Maintenance Plan.
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[FR Doc. 02-10334 Filed 4-25-02; 8:45 am]
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