[Federal Register Volume 74, Number 77 (Thursday, April 23, 2009)]
[Rules and Regulations]
[Pages 18471-18474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9222]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-SC-0002-200535(a); FRL-8894-8]


Approval and Promulgation of Implementation Plans; South 
Carolina; NOX SIP Call Phase II

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a source-specific 
State Implementation Plan (SIP) revision submitted by the South 
Carolina Department of Health and Environmental Control (SC DHEC) on 
April 14, 2005. The revision responds to EPA's regulation entitled, 
``Interstate Ozone Transport: Response to Court Decisions on the 
Nitrogen Oxides (NOX) SIP Call, NOX SIP Call 
Technical Amendments, and Section 126 Rules,'' otherwise known as the 
``NOX SIP Call Phase II.'' This revision meets the 
requirements of the NOX SIP Call Phase II, which requires 
South Carolina to submit NOX SIP Call Phase II revisions 
necessary to achieve applicable, incremental reductions of 
NOX, including emission reductions from large internal 
combustion (IC) engines. Transcontinental Gas Pipeline Corporation 
Station 140 (Transco) is the only facility in South Carolina affected 
by the NOX SIP Call Phase II. The intended effect of this 
SIP revision is to reduce emissions of NOX originating in 
the State of South Carolina to help attain and maintain the national 
ambient air quality standard (NAAQS) for ozone. This action is being 
taken pursuant to section 110 of the Clean Air Act (CAA).

DATES: This direct final rule is effective June 22, 2009 without 
further notice, unless EPA receives adverse comment by May 26, 2009. If 
adverse comment is 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: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2005-SC-0002, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2005-SC-0002,'' 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.
    5. Hand Delivery or Courier: 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. Such deliveries are 
only accepted during the Regional Office's official hours of business. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2005-SC-0002.'' EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any

[[Page 18472]]

personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
through www.regulations.gov or e-mail, information that you consider to 
be CBI or otherwise protected. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 www.regulations.gov 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 electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On October 27, 1998, EPA published a final rule known as the 
``NOX SIP Call'' (63 FR 57355), and later known as the 
``NOX SIP Call Phase I.'' Phase I of the NOX SIP 
Call required 22 states, including the State of South Carolina, to meet 
NOX emission budgets during the ozone season (March through 
September) to reduce the amount of ground level ozone that is 
transported across the eastern United States. EPA identified 
NOX emission reductions by source category when they could 
be achieved by using cost-effective measures. These source categories 
include electric generating units (EGUs), non-EGUs, internal combustion 
(IC) engines and cement kilns. For each affected jurisdiction, EPA 
determined the NOX emission budgets based on the 
implementation of cost effective controls. The budgets are to be met by 
the year 2007. Phase I of the NOX SIP Call gave states the 
flexibility to decide which source categories to regulate to meet the 
statewide budget. During Phase I, South Carolina regulated EGUs, non-
EGUs and cement kilns, but chose not to address IC engines. See, e.g., 
67 FR 43546 (June 28, 2002) (Approval and Promulgation of 
Implementation Plans: South Carolina: Nitrogen Oxides Budget and 
Allowance Trading Program).
    A number of parties, including certain states as well as industry 
and labor groups, challenged Phase I of the NOX SIP Call 
rule. On May 14, 1999, and March 2, 2000, EPA published additional 
technical amendments to the NOX SIP Call in the Federal 
Register (64 FR 26298 and 65 FR 11222, respectively). On March 3, 2000, 
the United States Court of Appeals for the District of Columbia Circuit 
(DC Circuit Court) issued its decision on the NOX SIP Call, 
ruling in favor of EPA on all major issues. Michigan v. EPA, 213 F.3d 
663 (DC Cir. 2000). However, the DC Circuit Court remanded four 
specific elements to EPA for further action: the definition of EGU; the 
level of control for stationary IC engines; the geographic extent of 
the NOX SIP Call for Georgia and Missouri; and the inclusion 
of Wisconsin. On May 28, 2002, SC DHEC submitted revisions to its SIP 
that complied with the requirements of Phase I of the NOX 
SIP Call. EPA approved the revisions on June 28, 2002 (67 FR 43546); 
these revisions became effective on July 29, 2002.
    On April 21, 2004, EPA published a final rule addressing the 
remanded portion of the NOX SIP Call rule. This rule is 
entitled, ``Interstate Ozone Transport: Response to Court Decisions on 
the NOX SIP Call, NOx SIP Call Technical Amendments, and 
Section 126 Rules,'' and is otherwise known as ``NOX SIP 
Call Phase II'' (69 FR 21604). This rule promulgated specific changes 
in response to the DC Circuit Court's ruling on Phase I of the 
NOX SIP Call. Specifically, this action finalized certain 
aspects of the definitions of EGU and non-EGU; the control level for 
large stationary IC engines; partial State budgets for Georgia, 
Missouri, Alabama, and Michigan; changes to the statewide 
NOX budgets; SIP submittal dates for the required states to 
address the Phase II portion of the budget; SIP submittal dates for 
Georgia and Missouri; the compliance date for all covered sources; and 
the exclusion of Wisconsin from the NOX SIP Call (69 FR 
21604, April 21, 2004). This rule also required states that submitted 
NOX SIP Call Phase I revisions, to submit Phase II SIP 
revisions, as necessary to achieve incremental reductions of 
NOX, no later than April 1, 2005. Phase II requires 
emissions reductions that are relatively small, representing less than 
10 percent of the total reductions required by Phase I of the 
NOX SIP Call. For large, natural gas fired, stationary IC 
engines the control level was set at 82 percent. For diesel and dual 
fuel stationary IC engines the control level was set at 90 percent.
    Phase II of the NOX SIP Call required South Carolina to 
reduce the Phase I NOx emissions originating in the State from 127,756 
tons of NOX emissions per year to 123,496 tons per year, or 
by 4,260 tons \1\ of NOX emissions per year (69 FR 21604, 
21629, April 21, 2004). South Carolina is achieving these 
NOX emission reductions for sources located in South 
Carolina by setting the control level for large, stationary IC engines 
at 82 percent, and for diesel and dual fuel stationary IC engines at 90 
percent. On

[[Page 18473]]

April 14, 2005, SC DHEC submitted revisions to incorporate these 
requirements as a proposed source-specific SIP revision, intended to 
meet the requirements of the NOX SIP Call Phase II.
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    \1\ After further evaluation, EPA determined that South Carolina 
could meet its reduction requirements with a reduction of 
NOX emissions by 4,010 tons per ozone season. The Docket 
for this rulemaking contains additional information regarding 
Transco's control projects and anticipated NOX reductions 
associated with the projects.
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II. Analysis of State's Submittal

    The April 14, 2005, proposed revisions to the South Carolina SIP 
are consistent with EPA's requirements for Phase II of the 
NOX SIP Call. Phase II requires South Carolina to set 
NOX emission levels for large stationary IC engines, 
including large utility and industrial boilers (i.e. engines emitting 
more than one ton of NOX per average ozone season day in 
1997) at 82 percent. The Transco Facility in Spartanburg County, South 
Carolina, is the only facility in South Carolina affected by this SIP 
revision. On April 27, 2004, SC DHEC issued a construction permit, 
number 2060-0179-CD, to Transco. The permit requires Transco to reduce 
its NOX emissions by 4,010 tons per ozone season. To achieve 
this result, Transco performed combustion modifications, engine 
mapping, and unit overhauls to thirteen of its fourteen IC engines. 
Transco subsequently monitored all of its engines during the 2006 ozone 
season to verify that its modifications were effective. Transco's 
permit requires it to monitor one engine in each NOX 
emission group on a rotating basis during each ozone season. IC Engine 
Group 1 includes engines 1 through 6; Group 2 includes engines 7 
through 9; Group 3 includes engines 10 and 11; and Group 4 includes 
engines 12 and 13. Incorporation of the Transco construction permit 
2060-0179-CD into the South Carolina SIP achieves all of the necessary 
NOX reductions to meet Phase II of the NOX SIP 
Call requirements for South Carolina.

III. Final Action

    EPA is approving the aforementioned changes to the South Carolina 
SIP. EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal 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 
adverse comments be filed. This rule will be effective June 22, 2009 
without further notice unless the Agency receives adverse comments by 
May 26, 2009.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and 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. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on June 22, 2009 and no 
further action will be taken on the proposed rule.

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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 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 22, 2009. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Incorporation by reference, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.


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    Dated: April 10, 2009.
Beverly H. Banister,
Acting 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 PP--South Carolina

0
2. Section 52.2120(d) is amended by adding a new entry for 
``Transcontinental Gas Pipeline Corporation Station 140'' to read as 
follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (d) * * *

                            EPA-Approved South Carolina Source Specific Requirements
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                                                           State
          Name of source               Permit No.     effective date    EPA approval date         Comments
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Transcontinental Gas Pipeline           2060-0179-CD       4/27/2004  4/23/2009 [Insert     This permit is
 Corporation Station 140.                                              first page of         incorporated in
                                                                       publication].         fulfillment of the
                                                                                             NOX SIP Call Phase
                                                                                             II requirements for
                                                                                             South Carolina.
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[FR Doc. E9-9222 Filed 4-22-09; 8:45 am]
BILLING CODE 6560-50-P