[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Proposed Rules]
[Pages 68087-68101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27807]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2012-0327; FRL-9751-9]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; South Carolina; 
Redesignation of the Charlotte-Gastonia-Rock Hill, North Carolina-South 
Carolina 1997 8-Hour Ozone Moderate Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On June 1, 2011, the State of South Carolina, through the 
South Carolina Department of Health and Environmental Control (SC 
DHEC), submitted a request for EPA to redesignate the portion of York 
County, South Carolina that is within the bi-state Charlotte-Gastonia-
Rock Hill, North Carolina-South Carolina 8-hour ozone nonattainment 
area (hereafter referred to as the ``bi-state Charlotte Area,'' or 
``Area'') to attainment for the 1997 8-hour ozone national ambient air 
quality standards (NAAQS); and to approve a State Implementation Plan 
(SIP) revision containing a maintenance plan for the South Carolina 
portion of the bi-state Charlotte Area (hereafter referred to as ``the 
York County Area''). The bi-state Charlotte Area consists of Cabarrus, 
Gaston, Lincoln, Mecklenburg, Rowan, Union and a portion of Iredell 
County (Davidson and Coddle Creek Townships) in North Carolina; and a 
portion of York County in South Carolina (including the Catawba Indian 
Nation reservation lands). EPA is proposing to approve the 
redesignation request for the York County Area, along with the related 
SIP revision, including South Carolina's plan for maintaining 
attainment of the ozone standard in the York County Area. EPA is also 
proposing to approve the motor vehicle emission budgets (MVEB) for 
nitrogen oxides (NOX) and volatile organic compounds (VOC) 
for the years 2013 and 2022 for the York County Area. Additionally, EPA 
is proposing that the 2022 MVEB are consistent with maintenance in 
2023. These actions are being proposed pursuant to the Clean Air Act 
(CAA or Act) and its implementing regulations. EPA will take action on 
the North Carolina submission for the 1997 8-hour ozone redesignation 
request and maintenance plan for its portion of the bi-state Charlotte 
Area in a separate action.

DATES: Comments must be received on or before December 6, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0327, 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-2012-0327, Regulatory Development Section, Air 
Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency,

[[Page 68088]]

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 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0327. 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: Jane Spann or 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. Ms. Spann may be reached by phone at (404) 562-9029, or via 
electronic mail at [email protected]. Ms. Waterson may be reached by 
phone at (404) 562-9061, or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA's analysis of the request?
VI. What is EPA's analysis of South Carolina's proposed 
NOX and VOC MVEB for the York County area?
VII. What is the status of EPA's adequacy determination for the 
proposed NOX and VOC MVEB for 2013 and 2022 for the York 
County area?
VIII. What is the effect of EPA's proposed actions?
IX. Proposed Action on the Redesignation Request and Maintenance 
Plan SIP Revision Including Proposed Approval of the 2013 and 2022 
NOX and VOC MVEB for the York County Area
X. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing to take?

    EPA is proposing to take the following two separate but related 
actions, one of which involves multiple elements: (1) To redesignate 
the York County Area (including the Catawba Indian Nation reservation 
lands) to attainment for the 1997 8-hour ozone NAAQS and (2) to approve 
into the South Carolina SIP, under section 175A of the CAA, South 
Carolina's 1997 8-hour ozone NAAQS maintenance plan, including the 
associated MVEB. EPA is also notifying the public of the status of 
EPA's adequacy determination for the York County Area MVEB. These 
actions are summarized below and described in greater detail throughout 
this notice of proposed rulemaking.
    First, EPA proposes to determine that the York County Area has met 
the requirements for redesignation under section 107(d)(3)(E) of the 
CAA. In this action, EPA is proposing to approve a request to change 
the legal designation of the portion of York County (including the 
Catawba Indian Nation reservation lands) in the bi-state Charlotte Area 
from nonattainment to attainment for the 1997 8-hour ozone NAAQS.
    Second, EPA is proposing to approve South Carolina's 1997 8-hour 
ozone NAAQS maintenance plan for the York County Area as meeting the 
requirements of section 175A (such approval being one of the CAA 
criteria for redesignation to attainment status). The maintenance plan 
is designed to help keep the York County Area in attainment of the 1997 
8-hour ozone NAAQS through 2022. As explained in Section V, EPA is also 
proposing to approve that attainment can be maintained through 2023. 
Consistent with the CAA, the maintenance plan that EPA is proposing to 
approve today also includes NOX and VOC MVEB for the years 
2013 and 2022 for the York County Area. EPA is proposing to approve 
(into the South Carolina SIP) the 2013 and 2022 MVEB that are included 
as part of South Carolina's maintenance plan for the 1997 8-hour ozone 
NAAQS. As explained in Sections V and VI, EPA is also proposing that 
the MVEB are consistent with maintenance through 2023.
    EPA is also notifying the public of the status of EPA's adequacy 
process for the newly-established NOX and VOC MVEB for 2013 
and 2022 for the York County Area. The Adequacy comment period for the 
York County Area 2013 and 2022 MVEB began on October 28, 2011, with 
EPA's posting of the availability of this submittal on EPA's Adequacy 
Web site (http://www.epa.gov/otaq/stateresources/transconf/currsips.htm). The Adequacy comment period for these MVEB closed on 
November 28, 2011. No comments, adverse or otherwise, were received 
during EPA's adequacy process for the MVEB associated with South 
Carolina's 1997 8-hour ozone maintenance plan. Please see section VII 
of this proposed rulemaking for further explanation of this process and 
for more details on the MVEB.

[[Page 68089]]

    Today's notice of proposed rulemaking is in response to South 
Carolina's June 1, 2011, SIP revision. That document addresses the 
specific issues summarized above and the necessary elements described 
in section 107(d)(3)(E) of the CAA for redesignation of the York County 
Area to attainment of the 1997 8-hour ozone NAAQS.

II. What is the background for EPA's proposed actions?

    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of 
0.08 parts per million (ppm) (62 FR 38856, July 18, 1997). Under EPA's 
regulations at 40 CFR part 50, the 1997 8-hour ozone NAAQS is attained 
when the 3-year average of the annual fourth highest daily maximum 8-
hour average ambient air quality ozone concentrations is less than or 
equal to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). 69 FR 
23857 (April 30, 2004). Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. The ambient air 
quality monitoring data completeness requirement is met when the 
average percent of days with valid ambient monitoring data is greater 
than 90 percent, and no single year has less than 75 percent data 
completeness as determined in Appendix I of part 50.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS, 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. The bi-state Charlotte Area was 
designated nonattainment for the 1997 8-hour ozone NAAQS on April 30, 
2004 (effective June 15, 2004) using 2001-2003 ambient air quality data 
(69 FR 23857, April 30, 2004). At the time of designation the bi-state 
Charlotte Area was classified as a moderate nonattainment area for the 
1997 8-hour ozone NAAQS. In the April 30, 2004, Phase I Ozone 
Implementation Rule, EPA established ozone nonattainment area 
attainment dates based on Table 1 of section 181(a) of the CAA. This 
established an attainment date six years after the June 15, 2004, 
effective date for areas classified as moderate areas for the 1997 8-
hour ozone nonattainment designations. Section 181 of the CAA explains 
that the attainment date for moderate nonattainment areas shall be as 
expeditiously as practicable, but no later than six years after 
designation, or June 15, 2010. Therefore, the bi-state Charlotte Area's 
original attainment date was June 15, 2010. See 69 FR 23951, April 30, 
2004.
    On April 29, 2010,\1\ South Carolina submitted an attainment 
demonstration and associated reasonably available control measures 
(RACM), 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 in the York County Area.
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    \1\ South Carolina withdrew an August 31, 2007, attainment 
demonstration SIP for its portion of the Charlotte-Gastonia-Rock 
Hill 1997 8-hour ozone area on December 22, 2008. EPA issued a 
finding of failure to submit for the attainment demonstration for 
the Charlotte NC-SC Area on May 8, 2009. See 74 FR 21550. On April 
29, 2010, South Carolina resubmitted the attainment demonstration 
SIP with an updated supplement for the South Carolina portion of the 
Charlotte-Gastonia-Rock Hill 1997 8-hour ozone area.
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    The bi-state Charlotte Area did not attain the 1997 8-hour ozone 
NAAQS by June 15, 2010 (the applicable attainment date for moderate 
nonattainment areas); however, the Area qualified for an extension of 
the attainment date. Under certain circumstances, the CAA allows for 
extensions of the attainment dates prescribed at the time of the 
original nonattainment designation. In accordance with CAA section 
181(a)(5), EPA may grant up to 2 one-year extensions of the attainment 
date under specified conditions. On May 31, 2011, EPA determined that 
the Area met the CAA requirements to obtain a one-year extension of the 
attainment date for the 1997 8-hour ozone NAAQS. See 76 FR 31245. As a 
result, EPA extended the bi-state Charlotte Area's attainment date from 
June 15, 2010, to June 15, 2011, for the 1997 8-hour ozone NAAQS.
    On June 1, 2011, South Carolina requested redesignation of the York 
County Area to attainment for the 1997 8-hour ozone NAAQS. The 
redesignation request included three years of complete, quality-assured 
ambient air quality data for the 1997 8-hour ozone NAAQS for 2008-2010, 
indicating that the 1997 8-hour ozone NAAQS had been achieved for the 
bi-state Charlotte Area. Under the CAA, nonattainment areas may be 
redesignated to attainment if sufficient, complete, quality-assured 
data is available for the Administrator to determine that the area has 
attained the standard and the area meets the other CAA redesignation 
requirements in section 107(d)(3)(E).
    Subsequently, on March 7, 2012 (77 FR 13493), EPA determined that 
the bi-state Charlotte Area attained the 1997 8-hour ozone NAAQS by its 
applicable attainment date. The determination of attaining data was 
based upon complete, quality-assured and certified ambient air 
monitoring data for the 2008-2010 period, showing that the Area had 
monitored attainment of the 1997 8-hour ozone NAAQS. The requirements 
for the Area to submit an attainment demonstration and associated RACM, 
RFP plan, contingency measures, and other planning SIP revisions 
related to attainment of the standard were suspended as a result of the 
determination of attainment, so long as the Area continues to attain 
the 1997 8-hour ozone NAAQS. See 40 CFR 52.2125(a). The Area continues 
to attain the standard with 2009-2011 data.
    On January 12, 2012, South Carolina withdrew the York County 
portion of the Area's attainment demonstration (except RFP, emissions 
statements, and the emissions inventory) as allowed by 40 CFR 51.918. 
EPA approved the baseline emissions inventory portion of the attainment 
demonstration SIP revision on May 18, 2012 (77 FR 29540). Additionally, 
EPA approved the emissions statements portion of the attainment 
demonstration SIP revision on June 25, 2012 (77 FR 37812). No comments 
were received on either action. EPA is considering action on South 
Carolina's RFP plan in a separate action; however, as mentioned 
previously, the determination of attainment suspended South Carolina's 
obligation to meet this requirement for the 1997 8-hour ozone NAAQS.

III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation providing that: (1) The Administrator 
determines that the area has attained the applicable NAAQS; (2) the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k); (3) the Administrator determines that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP and applicable federal air pollutant control regulations and other 
permanent and enforceable reductions; (4) the Administrator has fully 
approved a maintenance plan for the area as meeting the requirements of 
section 175A; and, (5) the state containing such area has met all 
requirements applicable to the area for purposes of redesignation under 
section 110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignation in the 
General Preamble for the

[[Page 68090]]

Implementation of title I of the CAA Amendments of 1990 (57 FR 13498), 
and supplemented this guidance on April 28, 1992 (57 FR 18070). EPA has 
provided further guidance on processing redesignation requests in the 
following documents:
    1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, Director, Technical Support Division, June 
18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereafter referred to as the 
``Calcagni Memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of Ozone 
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G. T. 
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On 
or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
    8. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, May 10, 1995.

IV. Why is EPA proposing these actions?

    On June 1, 2011, the State of South Carolina, through SC DHEC, 
requested the redesignation of the York County Area to attainment for 
the 1997 8-hour ozone NAAQS. EPA's evaluation indicates that the entire 
bi-state Charlotte Area (including the York County Area as part of the 
bi-State Charlotte Area) has attained the 1997 8-hour ozone NAAQS, and 
that the York County Area meets the requirements for redesignation set 
forth in section 107(d)(3)(E), including the maintenance plan 
requirements under section 175A of the CAA. As a result, EPA is 
proposing to take the two related actions summarized in section I of 
this notice.

V. What is EPA's analysis of the request?

    As stated above, in accordance with the CAA, EPA proposes in 
today's action to: (1) Redesignate the York County Area (including the 
Catawba Indian Nation reservation lands) to attainment for the 1997 8-
hour ozone NAAQS; and (2) approve the York County Area's 1997 8-hour 
ozone NAAQS maintenance plan, including the associated MVEB, into the 
South Carolina SIP. These actions are based upon EPA's preliminary 
determinations that the bi-state Charlotte Area (including the York 
County Area as part of the bi-State Charlotte Area) continues to attain 
the 1997 8-hour ozone NAAQS, and EPA's preliminary determination that 
South Carolina has met all other redesignation criteria for the York 
County Area. The five redesignation criteria provided under CAA section 
107(d)(3)(E) are discussed in greater detail for the York County Area 
in the following paragraphs of this section.

Criteria (1)--The Bi-State Charlotte Area (Including the York County 
Area as Part of the Bi-State Charlotte Area) Has Attained the 1997 8-
Hour Ozone NAAQS

    For ozone, an area may be considered to be attaining the 1997 8-
hour ozone NAAQS if it meets the 1997 8-hour ozone NAAQS, as determined 
in accordance with 40 CFR 50.10 and Appendix I of part 50, based on 
three complete, consecutive calendar years of quality-assured air 
quality monitoring data. To attain these NAAQS, the 3-year average of 
the fourth-highest daily maximum 8-hour average ozone concentrations 
measured at each monitor within an area over each year must not exceed 
0.08 ppm. Based on the data handling and reporting convention described 
in 40 CFR part 50, Appendix I, the NAAQS are attained if the design 
value is 0.084 ppm or below. The data must be collected and quality-
assured in accordance with 40 CFR part 58, and recorded in the EPA Air 
Quality System (AQS). The monitors generally should have remained at 
the same location for the duration of the monitoring period required 
for demonstrating attainment.
    On November 15, 2011, at 76 FR 70656, EPA determined that the bi-
state Charlotte Area was attaining the 1997 8-hour ozone NAAQS. For 
that action EPA reviewed ozone monitoring data from monitoring stations 
in the bi-state Charlotte Area for the 1997 8-hour ozone NAAQS for 
2008-2010. These data have been quality-assured and are recorded in 
AQS. EPA has reviewed the 2009-2011 data, which indicate that the Area 
continues to attain the 1997 8-hour ozone NAAQS beyond the submitted 3-
year attainment period of 2008-2010. The fourth-highest 8-hour ozone 
average for 2008, 2009 and 2010, and the 3-year average of these values 
(i.e., design values), are summarized in the following Table 1 of this 
proposed rulemaking.

                                 Table 1--Design Value Concentrations for the Bi-State Charlotte 1997 8-Hour Ozone Area
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                                                                                Annual arithmetic mean concentrations (ppm)       3-Year design values
                                                                           ----------------------------------------------------           (ppm)
              Location                       County           Monitor ID                                                       -------------------------
                                                                                2008         2009         2010         2011      2008-2010    2009-2011
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Lincoln County Replacing Iron        Lincoln..............     37-109-0004        0.079        0.065        0.072        0.077        0.072        0.071
 Station.

[[Page 68091]]

 
Garinger High School...............  Mecklenburg..........     37-119-0041        0.085        0.069        0.082        0.088        0.078        0.079
Westinghouse Blvd..................  Mecklenburg..........     37-119-1005        0.073        0.068        0.078        0.082        0.073        0.076
29 N at Mecklenburg Cab Co.........  Mecklenburg..........     37-119-1009        0.093        0.071        0.082        0.083        0.082        0.078
Rockwell...........................  Rowan................     37-159-0021        0.084        0.071        0.077        0.077        0.077        0.075
Enochville School..................  Rowan................     37-159-0022        0.082        0.073        0.078        0.078        0.077        0.076
Monroe Middle School...............  Union................     37-179-0003         0.08        0.067        0.071        0.073        0.072        0.070
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* An ozone monitor is located in York County, South Carolina; however, it is outside of the nonattainment area. This monitor is monitoring attainment of
  the 1997 8-hour ozone NAAQS.

    The 3-year design value for 2008-2010 submitted by South Carolina 
for redesignation of the bi-state Charlotte Area is 0.082 ppm, which 
meets the NAAQS as described above. As mentioned above, on November 15, 
2011 (76 FR 70656), EPA published a clean data determination for the 
bi-state Charlotte Area for the 1997 8-hour ozone NAAQS. The 2009-2011 
certified data show that the bi-state Charlotte Area continues to 
attain the 1997 8-hour ozone NAAQS with a design value of 0.079 ppm at 
the Garinger High School monitor. In today's action, EPA is proposing 
to determine that the Area is attaining the 1997 8-hour ozone NAAQS. 
EPA will not go forward with the redesignation if the Area does not 
continue to attain until the time that EPA finalizes the redesignation. 
As discussed in more detail below, the State of South Carolina has 
committed to continue monitoring in this Area in accordance with 40 CFR 
part 58.

Criteria (2)--South Carolina Has a Fully Approved SIP Under Section 
110(k) for the York County Area; and Criteria (5)--South Carolina Has 
Met All Applicable Requirements Under Section 110 and Part D of Title I 
of the CAA

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the state has met all applicable 
requirements under section 110 and part D of title I of the CAA (CAA 
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP 
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA 
proposes to find that South Carolina has met all applicable SIP 
requirements for the York County Area under section 110 of the CAA 
(general SIP requirements) for purposes of redesignation. Additionally, 
EPA proposes to find that the South Carolina SIP satisfies the 
criterion that it meets applicable SIP requirements for purposes of 
redesignation under part D of title I of the CAA (requirements specific 
to 1997 8-hour ozone nonattainment areas) in accordance with section 
107(d)(3)(E)(v). Further, EPA proposes to determine that the SIP is 
fully approved with respect to all requirements applicable for purposes 
of redesignation in accordance with section 107(d)(3)(E)(ii). In making 
these proposed determinations, EPA ascertained which requirements are 
applicable to the Area and, if applicable, that they are fully approved 
under section 110(k). SIPs must be fully approved only with respect to 
requirements that were applicable prior to submittal of the complete 
redesignation request.
a. The York County Area Has Met All Applicable Requirements Under 
Section 110 and Part D of the CAA
    General SIP requirements. Section 110(a)(2) of title I of the CAA 
delineates the general requirements for a SIP, which include 
enforceable emissions limitations and other control measures, means, or 
techniques; provisions for the establishment and operation of 
appropriate devices necessary to collect data on ambient air quality; 
and programs to enforce the limitations. General SIP elements and 
requirements are delineated in section 110(a)(2) of title I, part A of 
the CAA. These requirements include, but are not limited to, the 
following: submittal of a SIP that has been adopted by the state after 
reasonable public notice and hearing; provisions for establishment and 
operation of appropriate procedures needed to monitor ambient air 
quality; implementation of a source permit program; provisions for the 
implementation of part C requirements (Prevention of Significant 
Deterioration (PSD)) and provisions for the implementation of part D 
requirements (New Source Review (NSR) permit programs); provisions for 
air pollution modeling; and provisions for public and local agency 
participation in planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address the interstate 
transport of air pollutants (e.g., NOX SIP Call \2\ and the 
Clean Air Interstate Rule (CAIR) \3\). The section 110(a)(2)(D) 
requirements for a state are not linked with a particular nonattainment 
area's designation and classification in that state. EPA believes that 
the requirements linked with a

[[Page 68092]]

particular nonattainment area's designation and classifications are the 
relevant measures to evaluate in reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a state regardless of the designation of any one particular 
area in the state. Thus, EPA does not believe that the CAA's interstate 
transport requirements should be construed to be applicable 
requirements for purposes of redesignation. However, as discussed later 
in this notice, addressing pollutant transport from other states is an 
important part of an area's maintenance demonstration.
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    \2\ On October 27, 1998 (63 FR 57356), EPA issued a 
NOX SIP Call requiring the District of Columbia and 22 
states to reduce emissions of NOX in order to reduce the 
transport of ozone and ozone precursors. In compliance with EPA's 
NOX SIP Call, South Carolina developed rules governing 
the control of NOX emissions from electric generating 
units (EGU), major non-EGU industrial boilers, major cement kilns, 
and internal combustion engines. On June 28, 2002, EPA approved 
South Carolina's rules as fulfilling Phase I of the NOX 
SIP Call (67 FR 43546).
    \3\ On May 12, 2005 (70 FR 25162), EPA promulgated CAIR, which 
required 28 upwind States and the District of Columbia to revise 
their SIPs to include control measures that would reduce emissions 
of SO2 and NOX. Various aspects of CAIR rule 
were petitioned in court and on December 23, 2008, the U.S. Court of 
Appeals for the District of Columbia Circuit remanded CAIR to EPA 
(see North Carolina v. EPA, 550 F.3d 1176 (DC Circuit, December 23, 
2008)), which left CAIR in place to ``temporarily preserve the 
environmental values covered by CAIR'' until EPA replaces it with a 
rule consistent with the Court's ruling. In response to the court's 
decision, EPA issued a new rule to address interstate transport of 
NOX and SO2 in the eastern United States 
(i.e., the Transport Rule, also known as the Cross-State Air 
Pollution Rule). See 76 FR 48208, August 8, 2011. In a ruling on 
August 21, 2012, the court vacated the Transport Rule and reiterated 
its expectation for EPA to continue to administer CAIR until a 
replacement rule is in place. Therefore, CAIR is currently in effect 
in South Carolina.
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    In addition, EPA believes other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's attainment status are applicable requirements for purposes of 
redesignation. The area will still be subject to these requirements 
after the area is redesignated. The section 110 and part D requirements 
which are linked with a particular area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. This approach is consistent with EPA's existing 
policy on applicability (i.e., for redesignations) of conformity and 
oxygenated fuels requirements, as well as with section 184 ozone 
transport requirements. See Reading, Pennsylvania, proposed and final 
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 
1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, 
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748, 
December 7, 1995). See also the discussion on this issue in the 
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in 
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19, 
2001).
    EPA completed rulemaking on a submittal from South Carolina dated 
December 13, 2007, addressing ``infrastructure SIP'' elements required 
for the 1997 8-hour ozone NAAQS under CAA section 110(a)(2) on July 13, 
2011. See 76 FR 41111. However, these are statewide requirements that 
are not a consequence of the nonattainment status of the York County 
Area. As stated above, EPA believes that section 110 elements not 
linked to an area's nonattainment status are not applicable for 
purposes of redesignation. Therefore, EPA believes it has approved all 
SIP elements under section 110 that must be approved as a prerequisite 
for redesignating the York County Area to attainment.
    Title I, Part D, subpart 1 applicable SIP requirements. Subpart 1 
of part D, found in sections 172(c)(1) through (9) and in section 176 
of the CAA, sets forth the basic nonattainment requirements applicable 
to all nonattainment areas. A thorough discussion of the requirements 
contained in section 172 can be found in the General Preamble for 
Implementation of title I (57 FR 13498, April 16, 1992). Subpart 2 of 
part D, which includes section 182 of the CAA, establishes additional 
specific requirements depending on the area's ozone nonattainment 
classification. A thorough discussion of the requirements contained in 
section 182 can be found in the General Preamble for Implementation of 
Title I (57 FR 13498).
    Part D Subpart 1 Section 172 Requirements and Part D, Subpart 2 
Section 182 Requirements. Section 172(c)(1) requires the plans for all 
nonattainment areas to provide for the implementation of all RACM as 
expeditiously as practicable and to provide for attainment of the 
national primary ambient air quality standards. EPA interprets this 
requirement to impose a duty on all nonattainment areas to consider all 
available control measures and to adopt and implement such measures as 
are reasonably available for implementation in each area as components 
of the area's attainment demonstration. Under section 172, states with 
nonattainment areas must submit plans providing for timely attainment 
and meeting a variety of other requirements. Section 182 of the CAA, 
found in subpart 2 of part D, establishes additional specific 
requirements depending on the area's ozone nonattainment 
classification. For purposes of evaluating this redesignation request, 
the applicable part D, subpart 2 SIP requirements for all moderate 
nonattainment areas are contained in sections 182(b)(1)-(5). However, 
pursuant to 40 CFR 51.918, EPA's November 15, 2011, determination that 
the Area was attaining the 8-hour ozone NAAQS suspended South 
Carolina's obligation to submit most of the attainment planning 
requirements that would otherwise apply. Specifically, the 
determination of attainment suspended South Carolina's obligation to 
submit an attainment demonstration and planning SIPs to provide for 
RFP, RACM, and contingency measures under sections 172(c)(9) and 
182(b)(1) of the CAA.
    The General Preamble for Implementation of Title I (57 FR 13498, 
April 16, 1992) also discusses the evaluation of these requirements in 
the context of EPA's consideration of a redesignation request. The 
General Preamble sets forth EPA's view of applicable requirements for 
purposes of evaluating redesignation requests when an area is attaining 
a standard (General Preamble for Implementation of Title I (57 FR 
13498, April 16, 1992)).
    Because attainment has been reached in the bi-state Charlotte Area, 
no additional measures are needed to provide for attainment for the 
1997 8-hour ozone NAAQS,\4\ and section 172(c)(1) requirements for an 
attainment demonstration and RACM are no longer considered to be 
applicable for purposes of redesignation as long as the Area continues 
to attain the 1997 8-hour ozone NAAQS until redesignation. See also 40 
CFR 51.918.
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    \4\ Effective July 20, 2012, EPA designated a portion of York 
County (excluding the Catawba Indian Nation reservation lands) as 
nonattainment for the 2008 8-hour ozone NAAQS. This rulemaking does 
not address requirements for the portion of York County that was 
designated nonattainment for the 2008 8-hour ozone NAAQS. 
Requirements for the portion of York County that was designated 
nonattainment for the 2008 8-hour ozone NAAQS will be addressed in 
the future.
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    The RFP plan requirements under sections 172(c)(2) and 182(b)(1) 
are defined as progress that must be made toward attainment for the 
1997 8-hour ozone NAAQS. These requirements are not relevant for 
purposes of redesignation because EPA has determined that the entire 
bi-state Charlotte Area has monitored attainment of the 1997 8-hour 
ozone NAAQS. See General Preamble, 57 FR 13564. See also 40 CFR 51.1004 
(c). While it is not a requirement for redesignation, EPA is 
considering taking action on South Carolina's RFP plan for the 1997 8-
hour ozone NAAQS separate from today's proposed action.
    Section 172(c)(3) and section 182(b) requires submission and 
approval of a comprehensive, accurate, and current inventory of actual 
emissions. Section 182(b) references section 182(a) of the CAA which 
requires, in part, for states to submit a current inventory of actual 
emissions (182(a)(1)). As part of South Carolina's attainment 
demonstration for the York County Area, South Carolina submitted a 2002 
base year emissions inventory. EPA approved the 2002 base year 
inventory on May 18, 2012, as meeting the section 172(c)(3) and section 
182(a)(1) emissions inventory requirement. See 77 FR 29540.
    Section 172(c)(4) requires the identification and quantification of 
emissions for major new and modified stationary sources to be allowed 
in an area, and section 172(c)(5) and section 182(b) require source 
permits for the construction and operation of new and modified major 
stationary sources anywhere in the nonattainment area.

[[Page 68093]]

EPA has determined that, since PSD requirements will apply after 
redesignation, areas being redesignated need not comply with the 
requirement that a NSR program be approved prior to redesignation, 
provided that the area demonstrates maintenance of the NAAQS without 
part D NSR. A more detailed rationale for this view is described in a 
memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled, ``Part D New Source Review 
Requirements for Areas Requesting Redesignation to Attainment.'' South 
Carolina has demonstrated that the York County Area will be able to 
maintain the NAAQS without part D NSR in effect, and therefore South 
Carolina need not have fully approved part D NSR programs prior to 
approval of the redesignation request. Nonetheless, South Carolina 
currently has a fully-approved part D NSR program in place. South 
Carolina's PSD program will become applicable in the York County Area 
upon redesignation to attainment. Section 172(c)(6) requires the SIP to 
contain control measures necessary to provide for attainment of the 
NAAQS. Because attainment has been reached, no additional measures are 
needed to provide for attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, EPA believes the South 
Carolina SIP meets the requirements of section 110(a)(2) applicable for 
purposes of redesignation.
    Section 182(b) references, in part, section 182(a)(3), which 
requires states to submit periodic inventories and emissions 
statements. Section 182(a)(3)(A) of the CAA requires states to submit a 
periodic inventory every 3 years. The periodic emissions inventory is 
discussed in more detail in Criteria (4)(e), Verification of Continued 
Attainment.
    Section 182(a)(3)(B) of the CAA requires states with areas 
designated nonattainment for the ozone NAAQS to submit a SIP revision 
to require emissions statements to be submitted to the state by sources 
within that nonattainment area. EPA approved South Carolina's emissions 
statements requirement, which is part of the attainment plan submittal, 
on June 25, 2012. See 77 FR 37812. EPA believes the South Carolina SIP 
meets the requirements of section 182(a)(3)(B) applicable for purposes 
of redesignation.
    Section 182(b)(2) of the CAA requires states with areas designated 
nonattainment for the ozone NAAQS to submit a SIP revision to require 
reasonably available control technology (RACT) for all major VOC and 
NOX sources and for each category of VOC sources in the Area 
covered by a Control Techniques Guidelines (CTG) document.
    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) or no sources in a particular 
source category exist in an applicable nonattainment area, a state may 
submit a negative declaration for that category.
    South Carolina did a RACT analysis for major VOC and NOX 
sources in the York County Area and determined that these sources met 
RACT. EPA approved South Carolina's RACT submittal on November 28, 
2011. See 76 FR 72844. SC DHEC provided certifications to this effect 
to EPA within the original August 31, 2007, attainment demonstration 
and on February 23, 2009, for Group III, and on July, 9, 2009, for 
Group IV. On November 28, 2011, EPA approved South Carolina's SIP 
revisions in support of the negative declarations for Groups I, II, III 
and IV CTG, and concluded that the York County Area has met all the 
statutory and regulatory requirements for making a negative declaration 
regarding Groups I, II, III and IV CTG. See 76 FR 72844. EPA believes 
the South Carolina SIP meets the requirements of section 182(b)(2) 
applicable for purposes of redesignation.
    Originally, the section 182(b)(3) Stage II requirement also applied 
in all moderate ozone nonattainment areas. However, under section 
202(a)(6) of the CAA, 42 U.S.C. 7521(a)(6), the requirements of section 
182(b)(3) no longer apply in moderate ozone nonattainment areas after 
EPA promulgated the onboard refueling vapor recovery standards on April 
6, 1994, 59 FR 16262, codified at 40 CFR parts 86 (including 86.098-8), 
88 and 600. Under implementation rules issued in 2002 for the 1997 8-
hour ozone NAAQS, EPA retained the Stage II-related requirements under 
section 182(b)(3) as they applied for the now-revoked 1-hour ozone 
NAAQS. See 40 CFR 51.900(f)(5) and 40 CFR 51.916(a). Therefore, the 
York County Area is not subject to the Stage 2 vapor recovery program 
requirements.
    Section 182(b)(4) of the CAA requires states with areas designated 
nonattainment for the ozone NAAQS to submit SIPs requiring inspection 
and maintenance of vehicles (I/M). Even though a portion of York County 
was designated as part of the moderate bi-state Charlotte Area for the 
1997 8-hour ozone NAAQS, applicability of the I/M regulations to areas 
outside the Ozone Transport Region is based on the population of the 
urbanized area as defined by the 1990 census. As defined by the 1990 
census, York County and Charlotte urbanized areas were distinct and 
were not contiguous. Although the Charlotte urbanized portion of the 
metropolitan statistical area is contiguous to the North Carolina/South 
Carolina border, it did not extend into South Carolina. In 1990, the 
York County urbanized area was totally contained within South Carolina 
and did not touch the State line. Therefore, the applicability level of 
a 1990 census population of 200,000 or more in an urbanized area (40 
CFR 51.350(a)(1)) applies to each of the two urbanized areas 
separately. Since the York County urbanized area had a population less 
than 200,000, the I/M requirement in section 182(b)(4) of the CAA is 
not applicable to the York County Area. EPA believes the South Carolina 
SIP meets the requirements of section 182(b)(3) and 182(b)(4) 
applicable for purposes of redesignation.
    Section 182(b)(5) of the CAA requires that for purposes of 
satisfying the general emission offset requirement, the ratio of total 
emission reductions to total increase emissions shall be at least 1.15 
to 1. South Carolina currently requires these offsets. EPA believes the 
South Carolina SIP meets the requirements of section 182(b)(5) 
applicable for purposes of redesignation.
    Section 176 Conformity Requirements. Section 176(c) of the CAA 
requires states to establish criteria and procedures to ensure that 
federally supported or funded projects conform to the air quality 
planning goals in the applicable SIP. The requirement to determine 
conformity applies to transportation plans, programs and projects that 
are developed, funded or approved under title 23 of the United States 
Code (U.S.C.) and the Federal Transit Act (transportation conformity) 
as well as to all other federally supported or funded projects (general 
conformity). State transportation conformity SIP revisions must be 
consistent with federal conformity regulations relating to 
consultation, enforcement and enforceability that EPA promulgated 
pursuant to its authority under the CAA.

[[Page 68094]]

    EPA interprets the conformity SIP requirements \5\ as not applying 
for purposes of evaluating a redesignation request under section 107(d) 
because state conformity rules are still required after redesignation 
and federal conformity rules apply where state rules have not been 
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this 
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation 
of Tampa, Florida). Nonetheless, South Carolina has an approved 
conformity SIP for the York County Area. See 74 FR 37168, July 28, 
2009. Thus, the York County Area has satisfied all applicable 
requirements for purposes of redesignation under section 110 and part D 
of title I of the CAA.
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    \5\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from the MVEBs that are established in control 
strategy SIPs and maintenance plans.
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b. The York County Area Has a Fully Approved Applicable SIP Under 
Section 110(k) of the CAA
    EPA has fully approved the applicable South Carolina SIP for the 
York County Area under section 110(k) of the CAA for all requirements 
applicable for purposes of redesignation. EPA may rely on prior SIP 
approvals in approving a redesignation request (see Calcagni Memorandum 
at p. 3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 
984, 989-90 (6th Cir. 1998); Wall, 265 F.3d 426) plus any additional 
measures it may approve in conjunction with a redesignation action (see 
68 FR 25426 (May 12, 2003) and citations therein). Following passage of 
the CAA of 1970, South Carolina has adopted and submitted, and EPA has 
fully approved at various times, provisions addressing the various 1997 
8-hour ozone NAAQS SIP elements applicable in the York County Area (May 
31, 1972, 37 FR 10842; 110(a)(1) and (2) for 1997 8-hour ozone NAAQS, 
July 13, 2011, 76 FR 41111; RACT, November 16, 2011, 76 FR 72884; 
emissions inventory, May 18, 2012, 77 FR 29540; emissions statement, 
June 25, 2012, 77 FR 37812).
    As indicated above, EPA believes that the section 110 elements that 
are neither connected with nonattainment plan submissions nor linked to 
an area's nonattainment status are not applicable requirements for 
purposes of redesignation. EPA has approved all part D subpart 1 
requirements applicable for purposes of this redesignation.

Criteria (3)--The Air Quality Improvement in the Bi-State Charlotte 
1997 8-Hour Ozone NAAQS Nonattainment Area Is Due to Permanent and 
Enforceable Reductions in Emissions Resulting From Implementation of 
the SIP and Applicable Federal Air Pollution Control Regulations and 
Other Permanent and Enforceable Reductions

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the air quality improvement in the area 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the SIP and applicable federal air pollution 
control regulations and other permanent and enforceable reductions (CAA 
section 107(d)(3)(E)(iii)). EPA has preliminarily determined that South 
Carolina has demonstrated that the observed air quality improvement in 
its portion of the bi-state Charlotte Area is due to permanent and 
enforceable reductions in emissions resulting from implementation of 
the SIP, federal measures, and other state adopted measures. EPA does 
not have any information to suggest that the decrease in ozone 
concentrations in the York County Area is due to unusually favorable 
meteorological conditions.
    State, local and federal measures enacted in recent years have 
resulted in permanent emission reductions. Most of these emission 
reductions are enforceable through regulations. A few non-regulatory 
measures also result in emission reductions.
    The state and local measures, some of which implement federal 
requirements, that have been implemented to date and relied upon by 
South Carolina to demonstrate attainment and/or maintenance include: 
NSR regulations, NOX regulations, VOC regulations, emissions 
inventory, emissions statements, and RACT.
    The Celanese Acetate Celriver Plant closed in 2006. This plant, 
which included six coal-fired boilers, the largest of which was rated 
at 320 million metric British thermal units per hour, was the largest 
stationary source of NOX in the York County Area. As a 
result, South Carolina retired 2,493 tons of NOX and 1,686 
tons of VOC.
    Additionally, South Carolina identified other areas of potential 
reductions. North Carolina has implemented measures in the North 
Carolina portion of the bi-state Charlotte Area, such as North 
Carolina's Clean Smokestacks Act (CSA), which helps to improve air 
quality in the Area. EPA approved the CSA into the North Carolina SIP 
on September 26, 2011. See 76 FR 59250. Closures of certain facilities 
have resulted in continued reductions of local NOX and VOC 
emissions in the bi-state Charlotte Area.
    The federal measures that have been implemented include the 
following:
    Tier 2 vehicle standards. Implementation began in 2004 and will 
require all passenger vehicles in any manufacturer's fleet to meet an 
average standard of 0.07 grams of NOX per mile. The Tier 2 
rule also reduced the sulfur content of gasoline to 30 ppm starting in 
January of 2006.
    Large Non-road Diesel Engines rule. EPA issued this rule in June 
2004 (69 FR 38958), which applies to diesel engines used in industries, 
such as construction, agriculture, and mining. It is estimated that 
compliance with this rule will cut NOX emissions from non-
road diesel engines by up to 90 percent nationwide. The non-road diesel 
rule was fully implemented by 2010.
    Control Technique Guidelines. South Carolina listed CTGs under 
federal measures implemented in the York County Area. See criteria 2(a) 
of section V of this action for more information.
    Heavy-duty gasoline and diesel highway vehicle standards. EPA 
issued this rule in January 2001 (66 FR 5002). This rule includes 
standards limiting the sulfur content of diesel fuel, which went into 
effect in 2004. A second phase took effect in 2007, which further 
reduced the highway diesel fuel sulfur content to 15 ppm, leading to 
additional reductions in combustion NOX and VOC emissions. 
This rule is expected to achieve a 95 percent reduction in 
NOX emissions from diesel trucks and buses.
    Nonroad spark-ignition engines and recreational engines standards. 
This rule was effective in 2003 and will reduce NOX and 
hydrocarbon emissions.
    NOX SIP Call. The NOX SIP Call created the 
NOX Budget Trading Program designed to reduce the amount of 
ozone that crosses state lines. By the end of 2008, ozone season 
emissions dropped by 62 percent from 2000 at all sources subject to the 
NOX SIP Call (EPA, NOX Budget Trading Program: 
2008 Highlights, October 2009, page 3, available at http://www.epa.gov/airmarkets/progress/NBP_4/NBP_2008_Highlights.pdf). It follows that 
the bi-state Charlotte nonattainment area (including the York County 
Area) benefited from these overall reductions, since it is part of the 
larger NOX SIP Call area. The NOX Budget Trading 
Program also reduced local emissions. The one source subject to the 
NOX SIP Call in the York County Area, AbitibiBowater Inc.--
Catawba Operations, reduced

[[Page 68095]]

ozone season NOX emissions from 36 tons in 2003, the first 
year of the NOX Budget Trading Program, to 14 tons in 2008, 
the final year of the NOX Budget Trading Program.
    EPA has considered the relationship of the York County Area's 
maintenance plan to the reductions currently required pursuant to CAIR. 
Although CAIR was remanded to EPA, the remand of CAIR does not alter 
the requirements of the NOX SIP Call and the State has now 
demonstrated that the bi-state Charlotte Area can maintain without any 
additional requirements (beyond those required by the NOX 
SIP Call). Therefore, EPA has made the preliminary determination that 
the State's demonstration of maintenance under sections 175A and 
107(d)(3)(E) remains valid based on reductions from the NOX 
SIP Call.
    The NOX SIP Call required states to make emissions 
reductions. It also provided a mechanism, the NOX Budget 
Trading Program, that states could use to achieve those reductions. 
When EPA promulgated CAIR, it discontinued (starting in 2009) the 
NOX Budget Trading Program, 40 CFR 51.121(r), but 
established another mechanism--the CAIR ozone season trading program--
which states could use to meet their NOX SIP Call 
obligations, 70 FR 25289-90. EPA notes that a number of states, when 
submitting SIP revisions to require sources to participate in the CAIR 
ozone season trading program, removed the SIP provisions that required 
sources to participate in the NOX Budget Trading Program. In 
addition, because the provisions of CAIR including the ozone season 
NOX trading program have remained in place during the 
remand, EPA is not currently administering the NOX Budget 
Trading Program. Nonetheless, all states regardless of the current 
status of their regulations that previously required participation in 
the NOX Budget Trading Program, will remain subject to all 
of the requirements in the NOX SIP Call even if the existing 
CAIR ozone season trading program is withdrawn or altered. In addition, 
the anti-backsliding provisions of 40 CFR 51.905(f) specifically 
provide that the provisions of the NOX SIP Call, including 
the statewide NOX emission budgets, continue to apply after 
revocation of the 1-hour NAAQS. Thus, for purposes of today's action, 
emissions reductions associated with the NOX SIP Call are 
``permanent and enforceable.''
    All NOX SIP Call states have SIPs that currently satisfy 
their obligations under the NOX SIP Call; the NOX 
SIP Call reduction requirements are being met; and EPA will continue to 
enforce the requirements of the NOX SIP Call even after any 
response to the CAIR remand. For these reasons, EPA believes that 
regardless of the status of the CAIR program, the NOX SIP 
Call requirements can be relied upon in demonstrating maintenance. 
Here, the State has demonstrated maintenance based in part on those 
requirements.
    Additionally, EPA has preliminarily determined that South Carolina 
has demonstrated that attainment of the 1997 8-hour ozone NAAQS will be 
maintained in the York County Area with or without the implementation 
of CAIR or the Transport Rule. In addition, modeling conducted by EPA 
during the Transport Rule rulemaking process also demonstrates that the 
portion of York County, South Carolina that is in the Charlotte NC-SC 
ozone nonattainment area will have ozone levels below the 1997 8-hour 
standard in both 2012 and 2014 without taking into account emissions 
reductions from CAIR or the Transport Rule. See ``Air Quality Modeling 
Final Rule Technical Support Document'', App. B, B-28, B-29. This 
modeling is available in the docket for this rulemaking. Moreover, in 
its August 2012 decision, the Court also ordered EPA to continue 
implementing CAIR. See EME Homer Generation LP v. EPA, slip op. at 60. 
In sum, neither the current status of CAIR nor the current status of 
the Transport Rule affects any of the criteria for proposed approval of 
this redesignation request for the South Carolina portion of the bi-
state Charlotte Area.

Criteria (4)--The York County Area Has a Fully Approved Maintenance 
Plan Pursuant to Section 175A of the CAA

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has a fully approved 
maintenance plan pursuant to section 175A of the CAA (CAA section 
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the 
York County Area to attainment for the 1997 8-hour ozone NAAQS, SC DHEC 
submitted a SIP revision to provide for the maintenance of the 1997 8-
hour ozone NAAQS for at least 10 years after the effective date of 
redesignation to attainment. EPA has interpreted this as a showing of 
maintenance ``for a period of ten years following redesignation.'' 
(September 4, 1992 Memorandum from John Calcagni, Director, AQMD, 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' p. 9) where the emissions inventory method of showing 
maintenance is used, its purpose is to show that emissions during the 
maintenance period will not increase over the attainment year 
inventory. Calcagni Memorandum, pp. 9-10.
    As discussed in detail in the section below, the State's 
maintenance plan submission expressly documents that the Area's 
emissions inventories will remain below the attainment year inventories 
through 2022. In addition, for the reasons set forth below, EPA 
believes that the State's submission, in conjunction with additional 
supporting information, further demonstrates that the Area will 
continue to maintain the 8-hour ozone NAAQS at least through 2023. In 
summary, as discussed in under ``Criteria 3,'' the reductions that have 
been realized are due to federal, state and local control measures that 
are anticipated to remain in place. For example, there have been local 
reductions attributable to North Carolina' CSA, the NOX SIP 
Call, and from local plant closures. A review of the reductions 
achieved and the projected emissions inventories as seen in Tables 2 
and 3 below, it is not anticipated that emissions in the York County 
Area will significantly increase between 2022 and 2023, such that these 
emissions would be above the 2010 attainment level emissions. For 
example, mobile NOX emissions between 2010 and 2022, are 
estimated to be reduced by 63 percent, and it is not expected that 
mobile NO emissions between 2022 and 2023 will increase by 63 percent. 
Likewise, mobile VOC emissions between 2010 and 2022, are estimated to 
be reduced by 45 percent, and it is not expected that mobile VOC 
emissions between 2022 and 2023 will increase by 45 percent. Thus, if 
EPA finalizes its proposed approval of the redesignation request and 
maintenance plan in 2013, it is based on a showing, in accordance with 
section 175A, that the State's maintenance plan provides for 
maintenance for at least ten years after redesignation. Therefore, EPA 
has made the preliminary determination that this maintenance plan meets 
the requirements for approval under section 175A of the CAA.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for the

[[Page 68096]]

remainder of the 20-year period following the initial 10-year period. 
To address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures as EPA deems necessary to assure 
prompt correction of any future 1997 8-hour ozone violations. The 
Calcagni Memorandum provides further guidance on the content of a 
maintenance plan, explaining that a maintenance plan should address 
five requirements: the attainment emissions inventory, maintenance 
demonstration, monitoring, verification of continued attainment, and a 
contingency plan. As is discussed more fully below, EPA proposes to 
find that South Carolina's maintenance plan includes all the necessary 
components and is thus proposing to approve it as a revision to the 
South Carolina SIP.
b. Attainment Emissions Inventory
    The bi-state Charlotte Area attained the 1997 8-hour ozone NAAQS 
based on monitoring data for the 3-year period from 2008-2010. South 
Carolina selected 2010 as the attainment emissions inventory year. The 
attainment inventory identifies a level of emissions in the Area that 
is sufficient to attain the 1997 8-hour ozone NAAQS. South Carolina 
began development of the attainment inventory by first generating a 
baseline emissions inventory for the York County Area. As noted above, 
the year 2010 was chosen as the base year for developing a 
comprehensive emissions inventory for NOX and VOC, for which 
projected emissions could be developed for 2013, 2016, 2019, and 2022. 
All large permitted sources defined as Inventory Type A sources under 
EPA's Air Emissions Reporting Rule are required to report emissions 
annually and other title V sources are required to report every three 
years to SC DHEC. Additionally, EPA requires SC DHEC to submit this 
data to the EPA Emissions Inventory System (EIS) on the same schedule. 
The latest year available for the Inventory Type A point source 
inventory submitted to EPA is 2010. For the smaller sources that report 
emissions every three years, the most recent emissions inventory 
available (2008) was used as representative of 2010 emissions. The 
emissions data upon which SC DHEC's maintenance plan is based were from 
files maintained by the SC DHEC. In addition to comparing the final 
year of the plan, 2022, to the base year, 2010, South Carolina compared 
interim years to the baseline to demonstrate that these years are also 
expected to show continued maintenance of the 8-hour ozone NAAQS. As 
mentioned above, emissions inventory levels in 2022 are well below the 
attainment year inventory levels, and it is highly improbable that they 
will suddenly increase and exceed attainment year inventory levels in 
2023.
    The emissions inventory is composed of four major types of sources: 
point, area, on-road mobile and non-road mobile. The emissions 
inventory was projected to future years by utilizing EPA's Economic 
Growth Analysis System (E-GAS) version 5 software. There are two major 
data sources that are used as growth indicators in EGAS 5.0: the 
Department of Energy's (DOE) Annual Energy Outlook and version 6.0 of 
state-level economic models from Regional Economic Models, Inc. (REMI). 
In general, DOE data are expected to be used as growth indicators for 
fuel combustion/production categories, while REMI data will be used for 
all other source categories. The complete descriptions of how the 
inventories were developed are discussed in the appendices of the June 
2, 2011, SIP revision, which can be found in the docket for this 
action. Non-road mobile emissions estimates were based on the EPA's 
NONROAD2008a non-road mobile model, with the exception of the railroad 
locomotives, commercial marine, and aircraft engine. These emissions 
are estimated by taking activity data, such as landings and takeoffs, 
and multiplying by an EGAS 5.0 emissions factor. On-road mobile source 
emissions were calculated using EPA's MOVES2010a mobile emission 
factors model. The 2010 NOX and VOC emissions for the bi-
state Charlotte Area, as well as the emissions for other years, were 
developed consistent with EPA guidance and are summarized in Tables 2 
through 4 of the following subsection discussing the maintenance 
demonstration.
c. Maintenance Demonstration
    The June 2, 2011, final SIP revision includes a maintenance plan 
for the York County Area. The maintenance plan:
    (i) Shows compliance with and maintenance of the 8-hour ozone 
standard by providing information to support the demonstration that 
current and future emissions of NOX and VOC remain at or 
below 2010 emissions levels.
    (ii) Uses 2010 as the attainment year and includes future emissions 
inventory projections for 2013, 2016, 2019, 2022.
    (iii) Identifies an ``out year'' at least 10 years (and beyond) 
after the time necessary for EPA to review and approve the maintenance 
plan. Per 40 CFR part 93, NOX and VOC MVEB were established 
for an interim year (2013) and the last year (2022) of the maintenance 
plan (see section VI below).
    (iv) Provides actual and projected emissions inventories, in tons 
per day (tpd), for the York County Area, as shown in Tables 2 through 4 
below.

               Table 2--Actual and Projected Annual NOX Emissions (tpd) for the York County Area*
----------------------------------------------------------------------------------------------------------------
             Sector                    2010            2013            2016            2019            2022
----------------------------------------------------------------------------------------------------------------
Point...........................          4.54            4.64            4.91            5.19            5.48
Area............................          1.1733          1.2219          1.2665          1.3183          1.3641
Nonroad.........................          3.209           2.686           2.174           1.817           1.595
Mobile..........................         12.05            8.73            6.52            5.16            4.42
                                 -------------------------------------------------------------------------------
    Total.......................         20.97           17.28           14.87           13.49           12.86
----------------------------------------------------------------------------------------------------------------
* Portion of York County within the nonattainment area.


               Table 3--Actual and Projected Annual VOC Emissions (tpd) for the York County Area*
----------------------------------------------------------------------------------------------------------------
             Sector                    2010            2013            2016            2019            2022
----------------------------------------------------------------------------------------------------------------
Point...........................          2.07            2.06            2.2             2.34            2.49
Area............................          7.1645          7.3870          7.5672          7.7027          7.8311
Nonroad.........................          2.149           1.776           1.541           1.438           1.407

[[Page 68097]]

 
Mobile..........................          3.92            3.14            2.61            2.29            2.14
                                 -------------------------------------------------------------------------------
 
    Total.......................         15.30           14.36           13.92           13.77           13.87
----------------------------------------------------------------------------------------------------------------
* Portion of York County within the nonattainment area.


          Table 4--Emission Estimates for the York County Area
------------------------------------------------------------------------
                                                          VOC      NOX
                         Year                            (tpd)    (tpd)
------------------------------------------------------------------------
2010..................................................    15.30    20.97
2013..................................................    14.36    17.28
2016..................................................    13.92    14.87
2019..................................................    13.77    13.49
2022..................................................    13.87    12.86
Difference from 2010 to 2022..........................    -1.43    -8.11
------------------------------------------------------------------------

    Tables 2 through 4 summarize the 2010 and future projected 
emissions of NOX and VOC from York County. In situations 
where local emissions are the primary contributor to nonattainment, the 
ambient air quality standard should not be violated in the future as 
long as emissions from within the nonattainment area remain at or below 
the baseline with which attainment was achieved. South Carolina has 
projected emissions as described previously and determined that 
emissions in the York County Area will remain below those in the 
attainment year inventory for the duration of the maintenance plan.
    As discussed in section VI of this proposed rulemaking, 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 attainment level of emissions is 
the level of emissions during one of the years in which the area met 
the NAAQS. South Carolina selected 2010 as the attainment emissions 
inventory year for the York County Area. South Carolina calculated 
safety margins for years 2013 and 2022 in its submittal for years 2013, 
2016, 2019, and 2022. The State has decided to allocate a safety margin 
to the 2013 and 2022 MVEB for the bi-state Charlotte Area. For the year 
2013, the NOX safety margin was calculated as 3,348 
kilograms per day (kg/day) \6\ and for VOC as 853 kg/day. For the year 
2022, the safety margin was calculated as 7,357 for kg/day for 
NOX and 1,297 kg/day for VOC. The State has decided to 
allocate the full safety margin amounts to the MVEB for these years. 
Therefore, no remaining safety margin will be available for VOC and 
NOX for the years 2013 and 2022. The MVEB to be used for 
transportation conformity proposes is discussed in section VI. This 
allocation and the resulting available safety margin for the York 
County Area are discussed further in section VI of this proposed 
rulemaking.
---------------------------------------------------------------------------

    \6\ Conversion factor from kilograms to tons is 0.0011023.
---------------------------------------------------------------------------

d. Monitoring Network
    There is currently one monitor measuring ozone in York County. 
However, this monitor is not located within the nonattainment area 
boundary. The State of South Carolina, through SC DHEC, has committed 
to continue operation of the monitor in York County in compliance with 
40 CFR part 58 and have thus addressed the requirement for monitoring. 
EPA approved South Carolina's 2011 monitoring plan on October 12, 2011.
e. Verification of Continued Attainment
    The State of South Carolina, through SC DHEC, has the legal 
authority to enforce and implement the requirements of the 1997 8-hour 
ozone maintenance plan for the York County Area. This includes the 
authority to adopt, implement and enforce any subsequent emissions 
control contingency measures determined to be necessary to correct 
future ozone attainment problems.
    South Carolina will continue to update its emissions inventory at 
least once every three years. In addition to the emissions inventory 
for 2010, the emissions inventory base year, and the last year of the 
maintenance plan, 2022, interim years of 2013, 2016 and 2019 were 
selected to show a trend analysis for maintenance of the 1997 8-hour 
ozone NAAQS. Tracking the progress of the maintenance plan also 
includes performing reviews of the updated emissions inventories for 
the area using the latest emissions factors, models, and methodologies. 
For these periodic inventories, SC DHEC will review the assumptions 
made for the purpose of the maintenance demonstration concerning 
projected growth of activity levels. In addition, SC DHEC will continue 
to work with local stakeholders to maintain the NAAQS as required.
f. Contingency Measures in the Maintenance Plan
    The contingency measures are designed to promptly correct a 
violation of the NAAQS that occurs after redesignation. Section 175A of 
the CAA requires that a maintenance plan include such contingency 
measures as EPA deems necessary to assure that the state will promptly 
correct a violation of the NAAQS that occurs after redesignation. The 
maintenance plan should identify the contingency measures to be 
adopted, a schedule and procedure for adoption and implementation, and 
a time limit for action by the state. A state should also identify 
specific indicators to be used to determine when the contingency 
measures need to be implemented. The maintenance plan must include a 
requirement that a state will implement all measures with respect to 
control of the pollutant that were contained in the SIP before 
redesignation of the area to attainment in accordance with section 
175A(d).
    In the June 1, 2011, SIP revision, South Carolina affirms that all 
programs instituted by the State and EPA will remain enforceable and 
that sources are prohibited from reducing emissions controls following 
the redesignation of the Area. The contingency plan portion of the 
maintenance determination was further clarified with a July 8, 2011, 
letter. This letter can be found in the docket for today's action using 
Docket ID No. EPA-R04-OAR-2012-0327.
    The contingency plan included in South Carolina's June 1, 2011, SIP 
revision includes a triggering mechanism to determine when contingency 
measures are needed and a process of developing and implementing 
appropriate control measures. The State of South Carolina will use 
actual ambient monitoring data as the triggering event to determine 
when contingency measures should be implemented.
    South Carolina has identified a primary trigger as occurring when a 
quality assured/quality controlled (QA/QC) design value exceeds the 
1997 8-hour ozone NAAQS at any monitor in the Area. In the event that 
the trigger is activated, SC DHEC will verify the data through QA/QC 
and certification;

[[Page 68098]]

analyze the data to verify monitored ozone data, meteorology, 
transport, and related activities to determine the possible cause of 
the violation; consult with North Carolina Department of Air Quality 
\7\ to determine which state will implement a contingency measure(s) 
within a time frame specified in the respective maintenance plan to 
bring the Area back into attainment; if necessary, select a contingency 
measure within three months after verification of an exceedance of the 
1997 8-hour ozone NAAQS; and develop and implement necessary 
regulations as soon as practicable and within the in guidelines 
established in the South Carolina Administrative Procedures Act or no 
more than two years after selection of the appropriate measure. South 
Carolina further clarified this statement in the July 8, 2011, letter 
to EPA by defining the triggering event as the date of the design value 
violation, and not the final QA/QC date, such that appropriate measures 
would be implemented within 24 months of activating the primary 
trigger. Further, the guidelines set forth in the South Carolina 
Administrative Procedures Act state the selection of a measure and the 
development and implementation of necessary regulations would be 
expected to be completed within 24 months of activating the primary 
trigger. However, if it is determined that a longer schedule is 
required to implement specific contingency measures, then, upon 
selection of appropriate measures, SC DHEC will notify EPA, for 
approval, of the proposed schedule and provide sufficient information 
to demonstrate that the proposed measures are a prompt correction of 
the triggering event.
---------------------------------------------------------------------------

    \7\ As stated earlier, there is currently one monitor measuring 
ozone in York County. This monitor is not located in the bi-state 
Charlotte Area.
---------------------------------------------------------------------------

    At least one of the following contingency measures will be adopted 
and implemented upon a primary triggering event:
     RACT for NOX on existing stationary sources not 
subject to existing requirements;
     Implementation of diesel retrofit programs, including 
incentives for performing retrofits for fleet vehicle operations;
     Alternative fuel programs for fleet vehicle operations;
     Gas can and lawnmower replacement programs;
     Voluntary engine idling reduction programs;
     SC DHEC's Take a Break from the Exhaust program; and
     Other measures deemed appropriate at the time as a result 
of advances in control technologies.
    In addition to the trigger indicated above, as a secondary trigger 
South Carolina will monitor periodic emissions inventory updates and 
compare to actual emissions. As stated in the June 1, 2011, SIP 
revision, and further explained in the July 8, 2011, clarification 
letter, if actual emissions are greater than 10 percent of the 
projected emissions in the maintenance plan, SC DHEC will investigate 
the differences and develop an appropriate strategy for addressing the 
differences.
    EPA has concluded that the maintenance plan adequately addresses 
the five basic components of a maintenance plan: attainment inventory, 
monitoring network, verification of continued attainment, and a 
contingency plan. Therefore, the maintenance plan SIP revision 
submitted by the State of South Carolina for the York County Area meets 
the requirements of section 175A of the CAA, and thus EPA is proposing 
approval of the plan.

VI. What is EPA's analysis of South Carolina's proposed NOX 
and VOC MVEB for the York County area?

    Under section 176(c) of the CAA, new transportation plans, 
programs, and projects, such as the construction of new highways, must 
``conform'' to (i.e., be consistent with) the part of the state's air 
quality plan that addresses pollution from cars and trucks. Conformity 
to the SIP means that transportation activities will not cause new air 
quality violations, worsen existing violations, or delay timely 
attainment of the NAAQS or any interim milestones. If a transportation 
plan does not conform, most new projects that would expand the capacity 
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth 
EPA policy, criteria, and procedures for demonstrating and assuring 
conformity of such transportation activities to a SIP. The regional 
emissions analysis is one, but not the only, requirement for 
implementing transportation conformity. Transportation conformity is a 
requirement for nonattainment and maintenance areas. Maintenance areas 
are areas that were previously nonattainment for a particular NAAQS but 
have since been redesignated to attainment with an approved maintenance 
plan for that NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs and maintenance plans for nonattainment areas. 
These control strategy SIPs (including RFP and attainment 
demonstration) and maintenance plans create MVEB for criteria 
pollutants and/or their precursors to address pollution from cars and 
trucks. Per 40 CFR part 93, a MVEB must be established for the last 
year of the maintenance plan. A state may adopt MVEB for other years as 
well. The MVEB is the portion of the total allowable emissions in the 
maintenance demonstration that is allocated to highway and transit 
vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a 
ceiling on emissions from an area's planned transportation system. The 
MVEB concept is further explained in the preamble to the November 24, 
1993, Transportation Conformity Rule (58 FR 62188). The preamble also 
describes how to establish the MVEB in the SIP and how to revise the 
MVEB.
    After interagency consultation with the transportation partners for 
the York County Area, South Carolina has developed MVEB for 
NOX and VOC for the York County Area. South Carolina is 
developing these MVEB, as required, for the last year of its 
maintenance plan, 2022. Through the interagency consultation process, 
MVEB were also set for the interim year 2013. The MVEB reflect the 
total on-road emissions for 2013 and 2022, plus an allocation from the 
available NOX and VOC safety margin. Under 40 CFR 93.101, 
the term ``safety margin'' is the difference between the attainment 
level (from all sources) and the projected level of emissions (from all 
sources) in the maintenance plan. The safety margin can be allocated to 
the transportation sector; however, the total emissions must remain 
below the attainment level. The NOX and VOC MVEB and 
allocation from the safety margin were developed in consultation with 
the transportation partners and were added to account for uncertainties 
in population growth, changes in model vehicle miles traveled and new 
emission factor models. The NOX and VOC MVEB for the York 
County Area are defined in Table 5 below.

[[Page 68099]]



  Table 5--York County Portion of the Bi-State Charlotte AreaX and VOC
                              MVEB (kg/day)
------------------------------------------------------------------------
                                               2013            2022
------------------------------------------------------------------------
                              NOX Emissions
------------------------------------------------------------------------
Base Emissions..........................           7,924           4,011
Safety Margin Allocated to MVEB.........           3,348           7,357
NOX Conformity MVEB.....................          11,272          11,368
------------------------------------------------------------------------
                              VOC Emissions
------------------------------------------------------------------------
Base Emissions..........................           2,846           1,939
Safety Margin Allocated to MVEB.........             853           1,297
VOC Conformity MVEB.....................           3,699           3,236
------------------------------------------------------------------------

    As mentioned above, South Carolina has chosen to allocate a portion 
of the available safety margin to the NOX and VOC MVEB for 
2013 and 2022 for the York County Area. This allocation is 3,348 kg/day 
and 853 kg/day for NOX and VOC, respectively for 2013 and 
7,357 kg/day and 1,297 kg/day for NOX and VOC, respectively 
for 2022. Thus, the remaining safety margins for 2013 and 2022 are 0 
kg/day for NOX and VOC.
    Through this rulemaking, EPA is proposing to approve the MVEB for 
NOX and VOC for 2013 and 2022 for the York County 
Area because EPA has preliminarily determined that the Area maintains 
the 1997 8-hour ozone NAAQS with the emissions at the levels of the 
budgets. Once the MVEB for the York County Area are approved or found 
adequate (whichever is completed first), they must be used for future 
conformity determinations. After thorough review, EPA has preliminarily 
determined that the budgets meet the adequacy criteria, as outlined in 
40 CFR 93.118(e)(4), and is proposing to approve the budgets because 
they are consistent with maintenance of the 1997 8-hour ozone NAAQS 
through 2022. As discussed in section V, EPA is proposing that if this 
approval is finalized in 2013, the Area will continue to maintain the 
1997 8-hour ozone NAAQS through at least 2023. Consistent with this 
proposal, EPA is proposing to approve the MVEB submitted by the State 
in its June 1, 2011, maintenance plan for the York County Area. EPA is 
proposing that the submitted MVEB are consistent with maintenance of 
the 1997 8-hour ozone NAAQS through 2023.

VII. What is the status of EPA's adequacy determination for the 
proposed NOX and VOC MVEB for 2013 and 2022 for the York 
County area?

    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEB, EPA may affirmatively find the MVEB contained 
therein adequate for use in determining transportation conformity. Once 
EPA affirmatively finds the submitted MVEB is adequate for 
transportation conformity purposes, that MVEB must be used by state and 
federal agencies in determining whether proposed transportation 
projects conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: public notification of a SIP submission, 
a public comment period, and EPA's adequacy determination. This process 
for determining the adequacy of submitted MVEB for transportation 
conformity purposes was initially outlined in EPA's May 14, 1999, 
guidance, ``Conformity Guidance on Implementation of March 2, 1999, 
Conformity Court Decision.'' EPA adopted regulations to codify the 
adequacy process in the Transportation Conformity Rule Amendments for 
the ``New 8-Hour Ozone and PM2.5 National Ambient Air 
Quality Standards and Miscellaneous Revisions for Existing Areas; 
Transportation Conformity Rule Amendments--Response to Court Decision 
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional 
information on the adequacy process for transportation conformity 
purposes is available in the proposed rule entitled, ``Transportation 
Conformity Rule Amendments: Response to Court Decision and Additional 
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, South Carolina's maintenance plan submission 
includes NOx and VOC MVEB for the York County Area for 2013, 
an interim year of the maintenance plan, and 2022, the last year of the 
maintenance plan. EPA reviewed the NOx and VOC MVEB through 
the adequacy process. The South Carolina SIP submission, including the 
bi-state Charlotte Area NOx and VOC MVEB, was open for 
public comment on EPA's adequacy Web site on October 28, 2011, found 
at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The 
EPA public comment period on adequacy for the MVEB for 2013 and 2022 
for the York County Area closed on November 28, 2011. No comments, 
adverse or otherwise, were received during EPA's adequacy process for 
the MVEB associated with South Carolina's 1997 8-hour ozone maintenance 
plan.
    The 2013 and 2022 NOx and VOC MVEB must be used for 
future transportation conformity determinations. For required regional 
emissions analysis years that involve 2013 through 2021, the applicable 
2013 MVEB will be used and for 2022 and beyond, the applicable budgets 
will be the 2022 MVEB established in the maintenance plan, as defined 
in section VI of this proposed rulemaking.

VIII. What is the effect of EPA's proposed actions?

    EPA's proposed actions establish the basis upon which EPA may take 
final action on the issues being proposed for approval today. Approval 
of South Carolina's redesignation request would change the legal 
designation of the designated portion of York County in South Carolina 
(including the Catawba Indian Nation reservation lands) for the 1997 8-
hour ozone NAAQS, found at 40 CFR part 81, from nonattainment to 
attainment.\8\ Approval of South Carolina's request would also 
incorporate a plan for maintaining the 1997 8-hour ozone NAAQS in the 
York County Area through 2022 into the South Carolina SIP. This 
maintenance plan includes contingency measures to remedy any future 
violations of the 1997 8-hour ozone NAAQS and procedures for evaluation 
of potential violations. The maintenance plan also establishes

[[Page 68100]]

NOx and VOC MVEB for the York County Area. The 
NOx MVEB for 2013 and 2022 for the York County Area are 
11,272 kg/day and 11,368 kg/day, respectively. The VOC MVEB for 2013 
and 2022 for the York County Area are 3,699 kg/day and 3,236 kg/day, 
respectively. Additionally, EPA is notifying the public of the status 
of EPA's adequacy determination for the newly-established 
NOx and VOC MVEB for 2013 and 2022 for the York County Area, 
and is notifying the public that the 2022 MVEB are consistent with 
maintenance in the Area through 2023 as well.
---------------------------------------------------------------------------

    \8\ This proposed action does not proposed to change the Area's 
designation for the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------

IX. Proposed Actions on the Redesignation Request and Maintenance Plan 
SIP Revisions Including Approval of the NOx and VOC MVEB for 
2013 and 2022 for the York County Area

    EPA previously determined that the entire bi-state Charlotte Area 
(including the portion of York County that is a part of this Area) was 
attaining the 1997 8-hour ozone NAAQS on November 15, 2011, at 76 FR 
70656. EPA is now proposing to take two separate but related actions 
regarding the York County Area's redesignation and maintenance of the 
1997 8-hour ozone NAAQS.
    First, EPA is proposing to determine, based on complete, quality-
assured and certified monitoring data for the 2009-2011 monitoring 
period that the entire bi-state Charlotte Area (including the portion 
of York County that is a part of this Area) is attaining the 1997 8-
hour ozone NAAQS. EPA is proposing to determine that South Carolina has 
met the criteria under CAA section 107(d)(3)(E) for the York County 
Area for redesignation from nonattainment to attainment for the 1997 8-
hour ozone NAAQS. On this basis, EPA is proposing to approve South 
Carolina's redesignation request for the 1997 8-hour ozone NAAQS for 
the York County Area.
    Second, EPA is proposing to approve the maintenance plan for the 
York County Area, including the NOx and VOC MVEB for 2013 
and 2022, into the South Carolina SIP (under CAA section 175A). The 
maintenance plan demonstrates that the Area will continue to maintain 
the 1997 8-hour ozone NAAQS, and the budgets meet all of the adequacy 
criteria contained in 40 CFR 93.118(e)(4) and (5). Further, as part of 
today's action, EPA is describing the status of its adequacy 
determination for the NOx and VOC MVEB for 2013 and 2022 in 
accordance with 40 CFR 93.118(f)(1). On September 24, 2012, at 77 FR 
58829, EPA announced the adequacy of the MVEB would take effect on 
October 9, 2012. Within 24 months from this effective date, the 
transportation partners will need to demonstrate conformity to the new 
NOx and VOC MVEB pursuant to 40 CFR 93.104(e).
    As discussed in section V, EPA is proposing that if this approval 
is finalized in 2013 the area will continue to maintain the 1997 8-hour 
ozone NAAQS through at least 2023. Consistent with this proposal, EPA 
is proposing to approve the MVEB submitted by the State in its June 1, 
2011, maintenance plan for the York County Area. EPA is proposing that 
the submitted MVEB are consistent with maintenance of the 1997 8-hour 
ozone NAAQS through 2023.
    If finalized, approval of the redesignation request would change 
the official designation of the nonattainment portion of York County 
(including the Catawba Indian Nation reservation lands) in the Area for 
the 1997 8-hour ozone NAAQS, found at 40 CFR part 81, from 
nonattainment to attainment.

X. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, 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, these proposed actions merely approve state law as meeting 
federal requirements and does not impose additional requirements beyond 
those imposed by state law. For this reason, these proposed actions:
     Are not ``significant regulatory action[s]'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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, the redesignation for the York County Area does have 
Tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because it may have substantial direct effects on 
the Catawba Indian Nation as the Tribe's reservation lands are within 
the York County Area for the 1997 8-hour ozone NAAQS. As such, today's 
proposal to redesignate the York County Area to attainment for the 1997 
8-hour ozone NAAQS includes the Catawba Indian Nation reservation 
lands. Accordingly, EPA and the Catawba Indian Nation consulted on this 
redesignation prior to today's proposed action. EPA's consultation on 
this and other ozone SIP matters for the York County Area with the 
Catawba Indian Nation commenced on October 14, 2011, and concluded on 
October 31, 2012. EPA further notes that today's action is not 
anticipated to impose substantial direct costs on Tribal governments or 
preempt Tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

[[Page 68101]]

40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: November 6, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-27807 Filed 11-14-12; 8:45 am]
BILLING CODE 6560-50-P