[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37812-37816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14955]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0177; FRL-9689-5]


Approval and Promulgation of Air Quality Implementation Plans; 
South Carolina; Emissions Statements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a portion of a 
State Implementation Plan (SIP) revision submitted on April 29, 2010, 
by the State of South Carolina, through the Department of Health and 
Environmental Control (SC DHEC), to meet the emissions statements 
requirement for the York County portion of the bi-state Charlotte-
Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-hour ozone 
nonattainment area. The Charlotte-Gastonia-Rock Hill, North Carolina-
South Carolina 1997 8-hour ozone nonattainment area (hereafter referred 
to as the ``bi-state Charlotte Area'') is comprised of Cabarrus, 
Gaston, Lincoln, Mecklenburg, Rowan, Union and a portion of Iredell 
(Davidson and Coddle Creek Townships) Counties in North Carolina;

[[Page 37813]]

and a portion of York County (i.e., the boundary for the Rock Hill-Fort 
Mill Area Transportation Study) in South Carolina. EPA is addressing 
the emissions statements requirement for the North Carolina portion of 
this Area in a separate action. This action is being taken pursuant to 
section 110 and section 182 of the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective August 24, 2012 without 
further notice, unless EPA receives adverse comment by July 25, 2012. 
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 rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2008-0177,'' by one of the following methods:
    1. 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-2008-0177,'' 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: Ms. 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 a.m. to 4:30 p.m., excluding federal 
holidays.
    Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-2008-0177.'' 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 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 email, 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 email comment directly to EPA without 
going through 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 
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:  Ms. Sara Waterson of the Regulatory 
Development Section, in the 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) 562-9061. Ms. Sara Waterson can be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What is the background for EPA's action?
II. What is EPA's analysis of the emissions statements for South 
Carolina?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What is the background for EPA's action?

    On July 18, 1997, EPA promulgated a revised national ambient air 
quality standard (NAAQS or standard) for ozone, setting the standard at 
0.08 parts per million (ppm) averaged over an 8-hour time frame.\1\ 
This revised standard was established based on scientific evidence 
demonstrating that ozone causes adverse health effects at lower ozone 
concentrations and over longer periods of time.\2\
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    \1\ EPA notes that the Agency issued a revised 8-hour ozone 
standard on March 27, 2008 (73 FR 16436). Today's action, however, 
relates to the 1997 ozone standard. The designation and 
implementation process for the 2008 standard does not relate to this 
action.
    \2\ When the pre-existing 1-hour ozone standard was promulgated 
(62 FR 38856), the risks associated with exposure to lower 
concentrations of ozone over longer periods of time was less 
understood.
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    On April 30, 2004, EPA published designations and classifications 
for the revised 1997 8-hour ozone standard (69 FR 23858). These actions 
became effective on June 15, 2004. South Carolina was required to 
develop nonattainment SIP revisions addressing the CAA requirements for 
its nonattainment areas. Among other things, South Carolina was 
required to address the emissions statements requirement pursuant to 
CAA section 182(a)(3)(B).
    Section 182(a)(3)(B)(i) of the CAA, requires states with areas 
designated nonattainment for the ozone NAAQS (under subpart 2 of the 
Act) to submit within 2 years of designations a SIP revision to require 
emissions statements to be submitted annually by nitrous oxides 
(NOX) and volatile organic compound (VOC) sources to the 
state within that nonattainment area. Section 182(a)(3)(B)(ii) provides 
criteria for waiving the application of clause (i) to sources which 
emit less than 25 tons per year of NOX or VOC.
    In a March 14, 2006, memorandum from Thomas C. Curran, Director Air 
Quality Assessment Division to EPA Regional Air Division Directors 
(Curran Memo),\3\ EPA clarified that the emissions statements 
requirement under CAA section 182(a)(3)(B), is applicable to all areas 
designated nonattainment for the 1997 8-hour ozone NAAQS and classified 
marginal or higher under subpart 2, part D, title I of the CAA. 
Consistent with EPA's interpretation of

[[Page 37814]]

the submission period for other subpart 2 obligations, the Curran Memo 
provides that the 2-year submission period for the emissions statements 
rule for the 1997 8-hour ozone standard will run from the date an area 
was designated nonattainment and classified under subpart 2 for the 8-
hour standard. Thus, states were required to submit their emissions 
statements rule by June 15, 2006, and the rule is required to provide 
that sources submit their first emissions statements to the state by no 
later than June 15, 2007 (for the 2006 calendar year). The Curran Memo 
further provides that if an area has a previously approved emissions 
statements rule for the 1-hour standard that covers all portions of the 
designated 1997 8-hour ozone nonattainment area, such rule will 
generally be sufficient for purposes of the emissions statements 
requirement for the 1997 8-hour ozone standard.
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    \3\ The March 14, 2006, Curran Memo can be found at http://www.epa.gov/ttnchie1/eidocs/eiguid/8hourozone_naaqs_031406.pdf.
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    On April 29, 2010, South Carolina submitted an attainment 
demonstration \4\ and associated reasonably available control measures, 
a reasonable further progress (RFP) plan, contingency measures, 
emissions statement, a 2002 base year emissions inventory and other 
planning SIP revisions related to attainment of the 1997 8-hour ozone 
NAAQS for its portion of the bi-state Charlotte Area. On November 15, 
2011, EPA determined the bi-state Charlotte Area attained the 1997 8-
hour ozone NAAQS; and subsequently, on March 7, 2012, EPA determined 
that the bi-state Charlotte Area attained the 1997 8-hour ozone NAAQS 
by the applicable attainment date. See 76 FR 70656, and 77 FR 13493, 
respectively. Therefore, on January 12, 2012, South Carolina withdrew 
its portion of the bi-state Charlotte Area's attainment demonstration 
(the RFP, emissions statements, and the emissions inventory submittals, 
however, were not withdrawn) pursuant to 40 CFR 51.918. In today's 
action, EPA is approving the emissions statements portion of the 
attainment demonstration submitted by the State of South Carolina on 
April 29, 2010, as required by section 182(a)(3)(B). EPA will take 
action on the RFP and emissions inventory of South Carolina's April 29, 
2010, SIP revision in separate actions.
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    \4\ South Carolina withdrew an August 31, 2007, attainment 
demonstration SIP for its portion of the bi-state Charlotte Area on 
December 22, 2008. On April 29, 2010, South Carolina resubmitted the 
attainment demonstration SIP for its portion of the bi-state 
Charlotte Area.
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II. What is EPA's analysis of the emissions statements for South 
Carolina?

    The April 29, 2010, SIP revision states that South Carolina has the 
authority to require annual emissions statements and is taking specific 
actions to comply with the emissions statements requirements for any 
class or category of stationary sources that emits 25 tons per year or 
more of VOCs or NOX. Section VI. Moderate Nonattainment 
Requirements of the April 29, 2010, SIP revision states that the South 
Carolina portion of the moderate nonattainment area shall make 
submissions prescribed under the CAA section 182(a) and will comply 
with these mandates. Furthermore, South Carolina ``has and is 
requiring, receiving, and archiving'' emissions statements. SC DHEC has 
created a Web site at http://www.scdhec.gov/environment/baq/OzoneNonattainmentReporting/ to assist in this effort. SC DHEC provided 
a letter to EPA on May 4, 2012, to further clarify the State's 
emissions statements requirements. The May 4, 2012, letter can be found 
in the docket for today's action. EPA has evaluated South Carolina's 
April 29, 2010, SIP revision as it relates to the emissions statements 
requirement and has made the determination that it meets the 
requirements of CAA section 182(a)(3)(B).

III. Final Action

    EPA is taking direct final action to approve a portion of a SIP 
revision, submitted on April 29, 2010, by the State of South Carolina, 
through the SC DHEC, to meet the emissions statements requirement for 
the 1997 8-hour ozone NAAQS. This action is being taken pursuant to 
section 110 and section 182 of the CAA.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a non-controversial revision 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 August 24, 
2012 without further notice unless the Agency receives adverse comment 
by July 25, 2012. 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 
August 24, 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 final 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).

[[Page 37815]]

    In addition, this 1997 8-hour ozone NAAQS emissions statement's 
final approval for the bi-state Charlotte Area does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
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 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 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 August 24, 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 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 8, 2012.
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 a new entry for ``South 
Carolina portion of bi-state Charlotte; 1997 8-Hour Ozone Emissions 
Statement'' at the end of the table to read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
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                                          State effective
               Provision                        date            EPA approval date             Explanation
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                                                  * * * * * * *
South Carolina portion of bi-state             04/29/2010   6/25/2012 [Insert          Applicable to the 1997 8-
 Charlotte; 1997 8-Hour Ozone Emissions                      citation of publication].  hour Ozone boundary in
 Statement.                                                                             York County only (Rock
                                                                                        Hill-Fort Mill Area
                                                                                        Transportation Study
                                                                                        Metropolitan Planning
                                                                                        Organization Area).
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[FR Doc. 2012-14955 Filed 6-22-12; 8:45 am]
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