[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Rules and Regulations]
[Pages 57540-57542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24096]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0852; FRL- 9934-40-Region 4]


Approval and Promulgation of Implementation Plans; South 
Carolina; Infrastructure Requirements for the 2008 Lead National 
Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the September 20, 2011, State Implementation Plan 
(SIP) submission, provided by the South Carolina Department of Health 
and Environmental Control (SC DHEC) for inclusion into the South 
Carolina SIP. This final action pertains to the Clean Air Act (CAA or 
the Act) infrastructure requirements for the 2008 Lead national ambient 
air quality standards (NAAQS). The CAA requires that each state adopt 
and submit a SIP for the implementation, maintenance, and enforcement 
of each NAAQS promulgated by EPA, which is commonly referred to as an 
``infrastructure'' SIP. SC DHEC certified that the South Carolina SIP 
contains provisions to ensure the 2008 Lead NAAQS is implemented, 
enforced, and maintained in South Carolina. With the exception of 
provisions pertaining to prevention of significant deterioration (PSD) 
permitting which EPA has already approved, EPA is taking final action 
to approve South Carolina's infrastructure SIP submission, provided to 
EPA on September 20, 2011.

DATES: This rule will be effective October 26, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0852. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information 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 through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation 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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9152. Mr. Farngalo can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance for that new NAAQS. Section 110(a) of the 
CAA generally requires states to make a SIP submission to meet 
applicable requirements in order to provide for the implementation, 
maintenance, and enforcement of a new or revised NAAQS within three 
years following the promulgation of such NAAQS, or within such shorter 
period as EPA may prescribe. For additional information on the 
infrastructure SIP requirements, see the proposed rulemaking published 
on June 8, 2015. (80 FR 32324)
    On June 8, 2015, EPA proposed to approve portions of South 
Carolina's September 20, 2011, 2008 Lead NAAQS infrastructure SIP 
submission with the exception of provisions pertaining to PSD 
permitting in sections 110(a)(2)(C), prong 3 of D(i) and (J). See 80 FR 
32324. EPA did not receive any comments, adverse or otherwise, on the 
June 8, 2015, proposed rule. EPA took final action to approve the PSD 
permitting requirements in sections 110(a)(2)(C), prong 3 of D(i) and 
(J) on March 18, 2015. See 80 FR 14019.

II. This Action

    In this rulemaking, EPA is taking final action to approve the 
remaining portions of South Carolina's infrastructure submission as 
demonstrating that the State meets the applicable requirements of 
sections 110(a)(1) and (2) of the CAA for the

[[Page 57541]]

2008 Lead NAAQS. As mentioned above, EPA took final action on the 
elements pertaining to PSD permitting in a separate action on March 18, 
2015. See 80 FR 14019.

III. Final Action

    With the exception of provisions pertaining to PSD permitting 
requirements in sections 110(a)(2)(C), prong 3 of D(i), and (J), EPA is 
taking final action to approve South Carolina's September 20, 2011, 
infrastructure submission because it addresses the required 
infrastructure elements for the 2008 Lead NAAQS. SC DHEC has addressed 
the elements of the CAA 110(a)(1) and (2) SIP requirements pursuant to 
section 110 of the CAA to ensure that the 2008 Lead NAAQS is 
implemented, enforced, and maintained in South Carolina.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this action for the state of South Carolina does not 
have Tribal implications as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000). The Catawba Indian Nation Reservation is 
located within the State of South Carolina. Pursuant to the Catawba 
Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all state and 
local environmental laws and regulations apply to the [Catawba Indian 
Nation] and Reservation and are fully enforceable by all relevant state 
and local agencies and authorities.'' However, EPA has determined that 
because this rule does not have substantial direct effects on an Indian 
Tribe because, as noted above, this action is not approving any 
specific rule, but rather proposing that South Carolina's already 
approved SIP meets certain CAA requirements. EPA notes this action will 
not impose substantial direct costs on Tribal governments or preempt 
Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 23, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: September 10, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart PP--South Carolina

0
2. Section 52.2120(e) is amended by adding entry ``110(a)(1) and (2) 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards'' at the end of the table to read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

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                                             State
               Provision                effective date      EPA approval date               Explanation
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure             9/20/2011  9/24/2015 [Insert Federal  With the exception of
 Requirements for the 2008 Lead                          Register citation].        provisions pertaining to PSD
 National Ambient Air Quality                                                       permitting requirements in
 Standards.                                                                         sections 110(a)(2)(C), prong
                                                                                    3 of D(i) and (J).
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[FR Doc. 2015-24096 Filed 9-23-15; 8:45 am]
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