[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Rules and Regulations]
[Pages 72844-72849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30303]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0017-201014(a) & EPA-R04-OAR-2010-0018-201001(a); 
FRL-9495-7]


Approval and Promulgation of Air Quality Implementation Plans: 
South Carolina; Negative Declarations for Groups I, II, III and IV 
Control Techniques Guidelines; and Reasonably Available Control 
Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve several State 
Implementation Plan (SIP) revisions submitted by the South Carolina 
Department of Health and Environmental Control (SC DHEC). These 
revisions establish reasonably available control technology (RACT) 
requirements for the three major sources located in the portion of York 
County, South Carolina that is within the bi-state

[[Page 72845]]

Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-hour 
ozone nonattainment area that either emit volatile organic compounds 
(VOC), nitrogen oxides (NOX) or both. The bi-state 
Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area is 
hereinafter referred to as the ``bi-state Charlotte Area.'' In 
addition, South Carolina's SIP revisions include negative declarations 
for certain source categories for which EPA has control technique 
guidelines (CTG), meaning that SC DHEC has concluded that no such 
sources are located in that portion of the nonattainment area. EPA has 
evaluated the proposed revisions to South Carolina's SIP, and has 
concluded that they are consistent with statutory and regulatory 
requirements and EPA guidance.

DATES: This rule is effective on January 27, 2012 without further 
notice, unless EPA receives relevant adverse comment by December 28, 
2011. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0017 and EPA-R04-OAR-2010-0018, by one of the following 
methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2010-0017'' for comments regarding the RACT 
demonstration and the negative declarations for Groups I and I CTG. 
``EPA-R04-OAR-2010-0018'' for comments regarding the negative 
declarations for Groups III and IV CTG. 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: Lynorae Benjamin, Chief, 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 normal hours of operation. 
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-
2010-0017'' and ``EPA-R04-OAR-2010-0018.'' EPA's policy is that all 
comments received will be included in the public docket without change 
and may be made available online at http://www.regulations.gov, 
including any 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 http://www.regulations.gov or email, information 
that you consider to be CBI or otherwise protected. The http://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 email comment 
directly to EPA without going through http://www.regulations.gov, your 
email 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 
http://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 http://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: Zuri Farngalo, 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. Zuri Farngalo may be reached 
by phone at (404) 562-9152 or by electronic mail address 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Background

    On April 30, 2004, EPA designated the bi-state Charlotte Area as a 
moderate nonattainment area with respect to the 1997 8-hour ozone 
National Ambient Air Quality Standard (NAAQS). See 69 FR 23858. In 
addition to six full counties and one partial county in North Carolina, 
the bi-state Charlotte Area also includes the portion of York County, 
South Carolina that falls within the Rock Hill-Fort Mill Area 
Transportation Study Metropolitan Planning Organization Area (the 
``Rock Hill-Fort Mill Area'').\1\ As a result of this designation, 
North Carolina and South Carolina were required to amend their SIPs for 
their respective portions of the bi-state Charlotte area to satisfy the 
requirements of section 182 of the Clean Air Act (CAA or Act). Today's 
action specifically addresses the Rock Hill-Fort Mill Area in South 
Carolina. The requirements for the North Carolina portion of the bi-
state Charlotte Area will be addressed in separate rulemaking.
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    \1\ Prior to 2004, the Rock Hill-Fort Mill Area was designated 
as an attainment area for the 1-hour ozone NAAQS, and thus South 
Carolina was not required to meet CTG requirements for this Area for 
the 1-hour ozone NAAQS.
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A. Statutory Requirements

    Section 183(e) of the CAA directs EPA to: (1) List for regulation 
those categories of products that account for at least 80 percent of 
the VOC emissions, on a reactivity-adjusted basis, from consumer and 
commercial products in ozone nonattainment areas; and (2) divide the 
list of categories to be regulated into four groups. EPA published the 
initial list in the Federal Register on March 23, 1995 (60 FR 15264), 
and has revised the list several times. See 71 FR 28320 (May 16, 2006), 
70 FR 69759 (November 17, 2005), 64 FR 13422 (March 18, 1999), 63 FR 
48792

[[Page 72846]]

(September 11, 1998). As authorized by CAA section 183(e)(3)(C), EPA 
chose to issue Control Technique Guidelines (CTGs) in lieu of 
regulations for each listed product category. See 73 FR 58481 (October 
7, 2008) (Group IV CTG); 72 FR 57215 (October 9, 2007) (Group III CTG); 
and 71 FR 58745 (October 5, 2006) (Group II CTG).
    The primary purpose of the CTGs is to satisfy the requirement in 
CAA section 182(b)(2) that states adopt RACT rules for all areas 
designated nonattainment for ozone and classified as moderate or above. 
The three parts to the section 182(b)(2) RACT requirement are: (1) RACT 
for sources covered by an existing CTG (i.e., a CTG issues prior to 
enactment of the 1990 amendments to the CAA); (2) RACT for sources 
covered by a post-enactment CTG; and (3) all major sources not covered 
by a CTG (i.e., non-CTG sources).
    A CTG is a guidance document issued by EPA which, in combination 
with CAA section 182(b)(2), triggers a responsibility for states to 
submit RACT rules for stationary sources of VOC that are covered by the 
CTG as part of their SIPs. EPA defines RACT as ``the lowest emission 
limit that a particular source is capable of meeting by the application 
of control technology that is reasonably available considering 
technological and economic feasibility.'' 44 FR 53761 (September 17, 
1979). Each CTG includes a ``presumptive norm'' or ``presumptive RACT'' 
that EPA believes satisfies the definition of RACT.
    If a state submits a RACT rule that is consistent with the 
presumptive RACT, the state does not need to submit additional support 
to demonstrate that the rule meets the CAA's RACT requirement. However, 
if the state decides to submit an alternative emission limit or level 
of control for a source or source category for which there is a 
presumptive RACT, the state must submit independent documentation as to 
why the rule meets the statutory RACT requirement.
    Section 182(b)(2) of the CAA addresses moderate and above areas for 
the 1-hour ozone standard. Further clarification of the RACT 
requirements for areas classified as moderate or above for the 1997 8-
hour ozone NAAQS is provided in EPA's regulations. Specifically, 40 CFR 
51.912, entitled ``What requirements apply for reasonably available 
control technology (RACT) and reasonably available control measures 
(RACM) under the 8-hour NAAQS?'' provides the pertinent RACT 
requirements for areas classified as moderate or above for the 1997 8-
hour ozone NAAQS, stating:

    (1) For each area subject to subpart 2 in accordance with 51.903 
of this part and classified moderate or higher, the State shall 
submit a SIP revision that meets the nitrogen oxides 
(NOX) and VOC RACT requirements in sections 182(b)(2) and 
182(f) of the Act.
    (2) The State shall submit the RACT SIP for each area no later 
than 27 months after designation for the 8-hour ozone NAAQS, except 
that for a State subject to the requirements of the Clean Air 
Interstate Rule, the State shall submit NOX RACT SIPs for 
electrical generating units (EGUs) no later than the date by which 
the areas' attainment demonstration is due (prior to any 
reclassification under section 181(b)(3)) for the 8-hour ozone 
national ambient air quality standard, or July 9, 2007, whichever 
comes later.
    (3) The State shall provide for implementation of RACT as 
expeditiously as practicable but no later than the first ozone 
season or portion thereof which occurs 30 months after the RACT SIP 
is due.

    The CTGs established by EPA are guidance to the states and provide 
recommendations only. A state can develop its own strategy for what 
constitutes RACT for the various CTG categories, and EPA will review 
that strategy in the context of the SIP process and determine whether 
it meets the RACT requirements of the CAA and its implementing 
regulations. If no major sources of VOC or NOX emissions 
(which should be considered separately) in a particular source category 
exist in an applicable nonattainment area, a state may submit a 
negative declaration for that category.

B. Regulatory Schedule for Implementing CTGs

    CTGs that were established in 1978 ultimately were required to be 
adopted by the States by 1990 (see schedule below for details). CAA 
Section 182(b)(2) provides that a CTG issued after 1990 must specify 
the date by which a state must submit a SIP revision in response to the 
CTG. States were required to have the pre-1990 CAA CTG categories and 
post-1990 CAA CTG categories for applicable areas addressed in their 
SIPs according to the following schedule:

------------------------------------------------------------------------
                      Federal Register
      Group              published                    SIP due
------------------------------------------------------------------------
I................  Pre-CAA CTG..........  Pre-CAA Amendment CTG
                   As of January 1978     The first 25 CTG categories
                    the first 15 CTG       were due to be adopted by the
                    categories were        states by 1980. EPA initially
                    established. Ten       approved most of these rules
                    additional CTG were    into the state SIPs.
                    issued in 1978 (1 of   Subsequently, EPA reviewed
                    those (vegetable       these state rules to see if
                    oil) was rescinded).   they were technically
                                           adequate and if they met
                                           national standards for
                                           national consistency. Based
                                           on this review, EPA issued
                                           the RACT fix-ups in 1987 (see
                                           general preamble (57 FR
                                           13498, April 16, 1992)). In
                                           1988, EPA published a
                                           technical document to address
                                           technical inadequacies found
                                           in these state adopted rules
                                           and to address minimum
                                           standards of national
                                           consistency. States were
                                           required to adopt revised
                                           rules by 1990. Congress
                                           established CTG statutory
                                           requirements in the 1990 CAA.
                                           Outstanding CTG requirements
                                           were due in 1992 (CAA Section
                                           182(b)(2)(C).).
                   Post-CAA CTG.........  September 15, 2006 (40 CFR
                   The group of CTG        51.912, RACT SIPs due for the
                    established in 60 FR   1997 8-hour ozone NAAQS).
                    15264, March 23,
                    1995, were broken
                    into subsets called
                    ``Group I, II, III
                    and IV'' (some of
                    these CTG are
                    updates of
                    previously
                    established CTG)).
II...............  71 FR 58745, October   October 5, 2007.
                    5, 2006.
III..............  72 FR 57215, October   October 9, 2008.
                    9, 2007.
IV...............  73 FR 58481, October   October 7, 2009.
                    7, 2008.
------------------------------------------------------------------------

II. Analysis of the State's Submittals

    Following the April 2004 designation of the bi-state Charlotte Area 
as a moderate ozone nonattainment area, South Carolina had until June 
15, 2007, to submit an attainment demonstration, RACT submission 
(addressing the applicable CTG), and a reasonable further progress plan 
for the Rock Hill-

[[Page 72847]]

Fort Mill Area portion of the nonattainment area. Subsequently, South 
Carolina was required to provide SIP revisions to address Group II CTG 
requirements in the Rock Hill-Fort Mill Area by October 5, 2007, and to 
address Group III and Group IV CTG requirements by October 9, 2008, and 
October 7, 2009, respectively.
    South Carolina provided SIP revisions addressing Groups I and II 
CTG, on August 31, 2007. Subsequent to South Carolina's August 31, 
2007, SIP revision, South Carolina provided SIP revisions to address 
Group III CTG on February 23, 2009, and Group IV CTG on July 9, 2009, 
for the Rock Hill Fort-Mill Area. Today's action relates to South 
Carolina's SIP revisions for the Rock Hill-Fort Mill Area regarding 
Groups, I, II, III and IV CTG requirements, and South Carolina's RACT 
demonstration for major non-CTG sources in the Rock Hill-Fort Mill 
Area.
    As part of its analysis to support the negative declarations for 
Groups I, II, III and IV CTG, South Carolina reviewed its permits files 
and emissions inventory information. After this review, South Carolina 
determined that there are no stationary sources or emitting facilities 
located in Rock Hill-Fort Mill Area that are subject to Groups I, II, 
III and IV CTG. In accordance with CAA requirements, South Carolina 
prepared SIP revisions with these negative declarations and provided 
the public with an opportunity to review and provide comment regarding 
South Carolina's analyses. EPA has reviewed South Carolina's SIP 
revisions in support of the negative declarations for Groups I, II, III 
and IV CTG, and has concluded that the Rock Hill-Fort Mill Area in York 
County, South Carolina has met all the statutory and regulatory 
requirements for making a negative declaration regarding Groups I, II, 
III and IV CTG. Further, EPA has determined that South Carolina's 
August 31, 2007, February 23, 2009, and July 7, 2009, SIP revisions 
meet the applicable requirements of the CAA and EPA regulations.
    With regard to RACT for non-CTG sources, South Carolina identified 
three major non-CTG sources within the Rock Hill-Fort Mill Area subject 
to RACT requirements. The three sources are Bowater, Inc., Cytec Carbon 
Fibers, LLC, and Georgia Pacific Wood Products, LLC. South Carolina 
determined what constitutes RACT for these facilities using the top-
down process used for prevention of significant deterioration and 
nonattainment new source review. The top-down process provides that all 
available control technologies be ranked in descending order of control 
effectiveness. The most stringent technology is analyzed based on the 
following criteria: Technical considerations, along with energy, 
environmental, and economic impact. After this analysis is complete a 
determination is made as to whether the technology is achievable. The 
most stringent technology may be eliminated in this fashion and then 
the next most stringent alternative is considered, and so on.
    A report submitted by the three facilities concluded that emission 
control devices would not be economically feasible, and thus, that RACT 
for these facilities should consist only of work practice requirements. 
SC DHEC evaluated the RACT analyses submitted by the three facilities 
which are further discussed below.
    Bowater Coated Paper Division (Bowater) produces bleached pulp and 
paper products and is a major source for both NOX and VOC. 
There are fifteen types of affected sources at the facility. These 
sources are subject to federal regulations that already require strict 
NOX and VOC control. Many Bowater sources are currently 
meeting other federal requirements and these types of controls meet 
RACT for these units. Bowater has various NOX sources. The 
4110 Paper Mill-Coating unit requires Best Available Control Technology 
(BACT) standards and BACT meets RACT for this unit. Number 5105 No. 1 
Recover Furnace and Number 2723 No. 2 Lime Kiln require Lowest 
Achievable Emissions Rate (LAER) standards and for these units LAER 
meets RACT. The RACT analysis determined that the remaining 
NOX sources either meet NOX SIP Call Control or 
additional controls are not feasible. All of the Bowater VOCs are 
Hazardous Air Pollutants (HAPs.) For the VOC units either the Maximum 
Available Control Technology (MACT) standards satisfy RACT or the RACT 
analysis for those units shows that additional controls are not 
feasible. SC DHEC concluded in its evaluation of Bowater's RACT 
analysis for each of the units that either the existing MACT standard 
for the affected unit was adequate or that the remaining technically 
feasible emission control devices would not be economically feasible to 
apply at the facility. SC DHEC noted that in general, good combustion 
results in low VOC emissions. Furthermore, SC DHEC noted that proper 
operation and/or good combustion practices are the only practical 
control techniques for biomass combustion sources identified in the 
RACT/BACT/LAER Clearinghouse. Thus, SC DHEC concluded that RACT for 
this facility will consist of work practice requirements. See Appendix 
R of the South Carolina RACT submittal for details of the RACT 
assessment including technology restrictions.
    Cytec Carbon Fibers LLC (Cytec) is a title V facility that operates 
a carbon fiber manufacturing process and is a major source for 
NOX. Therefore, SC DHEC completed a RACT analysis for their 
NOX sources. Cytec is not a major source for VOC so a VOC 
RACT determination was not performed for this facility. Most of Cytec's 
NOX emissions come from the conversion of the raw material 
into carbon fibers. A RACT analysis was done for their three oxidation 
ovens, the pre-carbonization (pre-carb) oven burner, and the 
carbonization ovens with the associated thermal oxidizer. SC DHEC has 
concluded there are no technically and economically feasible add-on 
control options for NOX emissions reduction. However, 
Cytec's operating permit will include a work practice standard for 
reduction of NOX emissions during product changes. Cytec 
estimates that this work practice could lower actual annual 
NOX emissions. SC DHEC concluded that this fully meets RACT. 
See Appendix R of the South Carolina RACT submittal for details of the 
RACT assessment including technology restrictions.
    Georgia Pacific--Catawba Hardboard Plant is a major source for VOC 
but not for NOX. Therefore, SC DHEC completed a RACT 
analysis for VOC emissions from the facility from the cooker, dryers, 
and press equipment at the plant. All but 3 of the VOCs emitted from 
the plant are HAP VOCs. The non-HAP VOCs are Hexanal (1.4184 tons per 
year (tpy)), CFC-11 (0.0005 tpy), and Methyl Ethyl Ketone (0.0825 tpy). 
For GA Pacific, the RACT analysis determined that the only feasible 
control options (before determining economic feasibility) are 
regenerative thermal oxidizer (RTO), regenerative catalytic oxidizer 
(RCO), thermal catalytic oxidizer (TCO) and Biofilter. The RACT 
analysis went on to show that it would cost $8 million to install RTO, 
RCO or TCO and would cost $3.5 million annually to operate. These 
technologies have a cost effectiveness of $14,553 per ton. The RACT 
analysis also showed that it would cost $5 million to install the 
Biofilter technology and cost $700,000 to operate annually with a cost 
effectiveness of $5,483 per ton. The analysis concluded that it is not 
economically feasible to apply add-on controls to these units. 
Furthermore, SC DHEC noted that these units are already subject to the 
MACT requirements set forth at the 40 CFR part 63, subpart DDD. South 
Carolina also stated in its

[[Page 72848]]

evaluation that Georgia Pacific Wood Products LLC, will comply with 
MACT requirements set forth at 40 CFR 63, Subpart DDDD. See Appendix R 
of the South Carolina RACT submittal for details of the RACT assessment 
including technology restrictions.

III. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the revision 
to South Carolina's SIP revisions addressing negative declarations for 
applicability of Groups I, II, III and IV CTG for the Rock Hill-Fort 
Mill Area; and concerning the RACT requirements related to the 1997 8-
hour ozone NAAQS for the Rock Hill-Fort Mill Area which is the portion 
of York County, South Carolina that is included in the bi-state 
Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area. EPA 
has evaluated South Carolina's August 31, 2007, February 23, 2009, and 
July 9, 2009, SIP revisions, and has determined that they meet the 
applicable requirements of the CAA and EPA regulations, and are 
consistent with EPA policy for negative declarations for Groups I, II, 
III and IV CTG, and for RACT.
    On March 12, 2008, EPA issued a revised ozone NAAQS. See 73 FR 
16436. EPA subsequently announced a reconsideration of the 2008 NAAQS, 
and proposed new 8-hour ozone NAAQS in January 2010. See 75 FR 2938. In 
September 2011, EPA withdrew the proposed reconsidered NAAQS and began 
implementation of the 2008 NAAQS. The current action, however, is being 
taken to address requirements under the 1997 ozone NAAQS. Requirements 
for the bi-state Charlotte Area under the 2008 NAAQS will be addressed 
in the future.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a non-controversial 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 
adverse comment be filed. This rule will be effective on January 27, 
2012 without further notice unless the Agency receives adverse comment 
by December 28, 2011. 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 on this action. 
Any parties interested in commenting must do so at this time. If no 
such comments are received, the public is advised this rule will be 
effective on January 27, 2012 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 1997 8-hour ozone RACT SIP direct final approval for 
the South Carolina portion of the bi-state Charlotte Area does not have 
tribal implications as specified by Executive Order 13175 (65 FR 
67,249, November 9, 2000), because the determination does not have 
substantial direct effects on an Indian Tribe. The Catawba Indian 
Nation Reservation is located within the South Carolina portion of the 
bi-state Charlotte nonattainment area. Generally SIPs do not apply in 
Indian country throughout the United States. However, for purposes of 
the Catawba Indian Nation Reservation in Rock Hill, the South Carolina 
SIP does apply within the Reservation. Pursuant to the Catawba Indian 
Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all state and local 
environmental laws and regulations apply to the [Catawba Indian Nation] 
and Reservation and are fully enforceable by all relevant state and 
local agencies and authorities.'' Pursuant to Executive Order 13175 and 
the EPA Policy on Consultation and Coordination with Indian Tribes, in 
a letter dated October 13, 2011, EPA extended the opportunity for 
consultation between EPA and Catawba. Consultation with the Catawba 
Tribe began on October 14, 2011, and ended on October 31, 2011. The 
views and concerns raised by the Catawba Indian Nation during 
consultation have been taken into account in this direct final rule. 
Furthermore, EPA notes today's action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 27, 2012. 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

[[Page 72849]]

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, Ozone, Nitrogen Dioxides, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 8, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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(e) is amended by adding new entries at the end of 
the table for ``Applicability of Reasonably Available Control 
Technology for the Portion of York County, South Carolina,'' ``Negative 
Declaration for Applicability of Groups I Control Techniques Guidelines 
for York County, South Carolina,'' ``Negative Declaration for 
Applicability of Group II Control Techniques Guidelines for York 
County, South Carolina,'' ``Negative Declaration for Applicability of 
Groups III Control Techniques Guidelines for York County, South 
Carolina,'' and ``Negative Declaration for Applicability of Group IV 
Control Techniques Guidelines for York County, South Carolina'' 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
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                                                  * * * * * * *
Applicability of Reasonably Available        8/31/2007  11/28/11.................  Demonstration for Bowater
 Control Technology for the Portion of                  [Insert citation of         Coated Paper Division; for
 York County, South Carolina.                            publication].              Cytec Carbon Fibers; and for
                                                                                    Georgia-Pacific--Catawba
                                                                                    Hardboard Plant.
Negative Declaration for Applicability       8/31/2007  11/28/11.................  Applicable to the 1997 8-hour
 of Groups I Control Techniques                         [Insert citation of         Ozone boundary in York
 Guidelines for York County, South                       publication].              County only (Rock Hill-Fort
 Carolina.                                                                          Mill Area Transportation
                                                                                    Study Metropolitan Planning
                                                                                    Organization Area).
Negative Declaration for Applicability       8/31/2007  11/28/11.................  Applicable to the 1997 8-hour
 of Group II Control Techniques                         [Insert citation of         Ozone boundary in York
 Guidelines for York County, South                       publication].              County only (Rock Hill-Fort
 Carolina.                                                                          Mill Area Transportation
                                                                                    Study Metropolitan Planning
                                                                                    Organization Area).
Negative Declaration for Applicability       2/23/2009  11/28/11.................  Applicable to the 1997 8-hour
 of Group III Control Techniques                        [Insert citation of         Ozone boundary in York
 Guidelines for York County, South                       publication].              County only (Rock Hill-Fort
 Carolina.                                                                          Mill Area Transportation
                                                                                    Study Metropolitan Planning
                                                                                    Organization Area).
Negative Declaration for Applicability        7/7/2009  11/28/11.................  Applicable to the 1997 8-hour
 of Group IV Control Techniques                         [Insert citation of         Ozone boundary in York
 Guidelines for York County, South                       publication].              County only (Rock Hill-Fort
 Carolina.                                                                          Mill Area Transportation
                                                                                    Study Metropolitan Planning
                                                                                    Organization Area).
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[FR Doc. 2011-30303 Filed 11-25-11; 8:45 am]
BILLING CODE 6560-50-P