[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Pages 76865-76868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30920]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2015-0298; FRL-9939-66-Region 4]


Air Plan Approval and Air Quality Designation; SC; Redesignation 
of the Charlotte-Rock Hill, 2008 8-Hour Ozone Nonattainment Area to 
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking three 
separate final actions related to a state implementation plan (SIP) 
revision submitted by the State of South Carolina, through the South 
Carolina Department of Health and Environmental Control (SC DHEC), on 
April 17, 2015. These final actions are for the York County, South 
Carolina portion of the bi-state Charlotte-Rock Hill, North Carolina-
South Carolina 2008 8-hour ozone national ambient air quality standards 
(NAAQS) nonattainment area (the entire area is hereinafter referred to 
as the ``bi-State Charlotte Area'' or ``Area'' and the South Carolina 
portion is hereinafter referred to as the ``York County Area''). In 
these three final actions, EPA determines that the bi-state Charlotte 
Area is continuing to attain the 2008 8-hour ozone NAAQS; approves and 
incorporates South Carolina's plan for maintaining attainment of the 
2008 8-hour ozone standard in the York County Area, including the 2014 
and 2026 motor vehicle emission budgets (MVEBs) for nitrogen oxides 
(NOX) and volatile organic compounds (VOC) for the York 
County Area, into the SIP; and redesignates the York County Area to 
attainment for the 2008 8-hour ozone NAAQS. Additionally, EPA finds the 
2014 and 2026 MVEBs for the York County Area adequate for the purposes 
of transportation conformity.

DATES: This rule will be effective January 11, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0298. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be 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: Kelly Sheckler of 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. Mrs. Sheckler may be reached by phone at (404) 562-9992 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background for Final Actions

    On May 21, 2012 (77 FR 30088), EPA designated areas as 
unclassifiable/attainment or nonattainment for the 2008 8-hour ozone 
NAAQS that was promulgated on March 27, 2008 (73 FR

[[Page 76866]]

16436). The bi-state Charlotte Area was designated as nonattainment for 
the 2008 8-hour ozone NAAQS and classified as a marginal nonattainment 
area. The bi-state Charlotte Area consists of York County, South 
Carolina, within the Rock Hill Fort Hill Area Transportation Study 
(RFATS) Metropolitan Planning Organization (MPO); Mecklenburg County, 
North Carolina; and portions of Cabarrus, Gaston, Iredell, Lincoln, 
Rowan and Union Counties in North Carolina. EPA previously addressed 
North Carolina's request to redesignate the North Carolina portion of 
the Area and its maintenance plan for the 2008 8-hour ozone NAAQS in a 
separate rulemaking. See 80 FR 44873 (July 28, 2015).
    On April 17, 2015, SC DHEC requested that EPA redesignate the South 
Carolina portion of the Area to attainment for the 2008 8-hour ozone 
NAAQS and submitted a SIP revision containing the State's plan for 
maintaining attainment of the 2008 8-hour ozone standard in the Area, 
including the 2014 and 2026 MVEBs for NOX and VOC for the 
York County Area. In a notice of proposed rulemaking (NPR) published on 
October 14, 2015, EPA proposed to determine that the bi-state Charlotte 
Area is continuing to attain the 2008 8-hour ozone NAAQS; to approve 
and incorporate into the South Carolina SIP the State's plan for 
maintaining attainment of the 2008 8-hour ozone standard in the Area, 
including the 2014 and 2026 MVEBs for NOX and VOC for the 
South Carolina potion of the bi-state Charlotte Area; and to 
redesignate the South Carolina portion of the Area to attainment for 
the 2008 8-hour ozone NAAQS. See 80 FR 61775. In that notice, EPA also 
notified the public of the status of the Agency's adequacy 
determination for the NOX and VOC MVEBs for the South 
Carolina portion of the bi-state Charlotte Area. No comments were 
received. The details of South Carolina's submittal and the rationale 
for EPA's actions are further explained in the NPR. See 80 FR 61775 
(October 14, 2015).

II. What are the effects of these actions?

    Approval of South Carolina's redesignation request changes the 
legal designation of York County in the South Carolina portion of the 
bi-state Charlotte Area, found at 40 CFR 81.341, from nonattainment to 
attainment for the 2008 8-hour ozone NAAQS. Approval of South 
Carolina's associated SIP revision also incorporates a plan into the 
SIP for maintaining the 2008 8-hour ozone NAAQS in the York County Area 
through 2026. The maintenance plan establishes NOX and VOC 
MVEBs for 2014 and 2026 for the York County Area and includes 
contingency measures to remedy any future violations of the 2008 8-hour 
ozone NAAQS and procedures for evaluation of potential violations. The 
MVEBs, in kilograms per day (kg/day) for the South Carolina portion of 
the bi-state Charlotte Area along with the allocations from the safety 
margin, are provided in the table below.\1\
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    \1\ South Carolina has chosen to allocate a portion of the 
available safety margin to the NOX and VOC MVEBs for 
2026. SC DEHC has allocated 7.63 tons per day (tpd) (6,922 kg/day) 
to the 2026 NOX MVEB and 1.52 tpd (1,379 kg/day) to the 
2026 VOC MVEB.

                                             York County Area MVEBs
                                                    [kg/day]
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                                                               2014                            2026
                                                 ---------------------------------------------------------------
                                                        NOX             VOC             NOX             VOC
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Base Emissions..................................           9,112           3,566           3,076           1,576
Safety Margin Allocated to MVEB.................  ..............  ..............           6,922           1,379
Conformity MVEB.................................           9,112           3,566           9,998           2,955
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III. Final Actions

    EPA is taking three separate final actions regarding the York 
County Area's redesignation to attainment and maintenance of the 2008 
8-hour ozone NAAQS. First, EPA is determining that the bi-state 
Charlotte Area is continuing to attain the 2008 8-hour ozone NAAQS.
    Second, EPA is approving and incorporating the maintenance plan for 
the York County Area, including the NOX and VOC MVEBs for 
2014 and 2026, into the South Carolina SIP. The maintenance plan 
demonstrates that the Area will continue to maintain the 2008 8-hour 
ozone NAAQS, and the budgets meet all of the adequacy criteria 
contained in 40 CFR 93.118(e)(4) and (5).
    Third, EPA is determining 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 2008 8-hour 
ozone NAAQS. On this basis, EPA is approving South Carolina's 
redesignation request for the 2008 8-hour ozone NAAQS for the York 
County Area. As mentioned above, approval of the redesignation request 
changes the official designation of York County in the South Carolina 
portion of the bi-state Charlotte Area for the 2008 8-hour ozone NAAQS 
from nonattainment to attainment, as found at 40 CFR part 81.
    EPA is also notifying the public that EPA finds the newly-
established NOX and VOC MVEBs for the York County Area 
adequate for the purpose of transportation conformity. Within 24 months 
from this final rule, the transportation partners will need to 
demonstrate conformity to the new NOX and VOC MVEBs pursuant 
to 40 CFR 93.104(e)(3).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA or Act), redesignation of an area to 
attainment and the accompanying approval of the maintenance plan under 
CAA section 107(d)(3)(E) are actions that affect the status of 
geographical area and do not impose any additional regulatory 
requirements on sources beyond those required by state law. A 
redesignation to attainment does not in and of itself impose any new 
requirements, but rather results in the application 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. See 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 
actions merely approve state law as meeting Federal requirements and do 
not impose additional requirements beyond those imposed by state or 
Federal law. For these reasons, these actions:

[[Page 76867]]

     Are not significant regulatory actions 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);
     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
     will not have disproportionate human health or 
environmental effects 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, because no tribal lands 
are located within the South Carolina portion of the Area, this action 
is not approving any specific state requirement into the SIP that would 
apply to Tribal lands. Therefore, EPA has determined that this rule 
does not have substantial direct effects on an Indian Tribe. EPA notes 
today's action will not impose substantial direct costs on Tribal 
governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 9, 2016. 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

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: November 25, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are 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 a new entry for ``2008 8-
hour ozone Maintenance Plan for the York County, South Carolina portion 
of the bi-state Charlotte Area'' at the end of the table to read as 
follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
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                                         State effective
               Provision                       date            EPA Approval date              Explanation
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                                                  * * * * * * *
2008 8-hour ozone Maintenance Plan for        4/17/2015   12/11/2015 [Insert          ..........................
 the York County, South Carolina                           citation of publication].
 portion of the bi-state Charlotte Area.
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.341, the table entitled ``South Carolina-2008 8-Hour 
Ozone NAAQS (Primary and secondary)'' is amended by revising the 
entries for ``Charlotte-Rock Hill, NC-SC'', ``York County (part)'' and 
``Portion along MPO lines'' to read as follows:


Sec.  81.341  South Carolina.

* * * * *

[[Page 76868]]



                                     South Carolina--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
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                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \1\              Type
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Charlotte-Rock Hill, NC-SC: \2\.  This action is      Attainment........
                                   effective 12/11/
                                   2015.
    York County (part) Portion
     along MPO lines.
 
                                                  * * * * * * *
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\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
\3\ Includes Indian country of the tribe listed in this table located in the identified area. Information
  pertaining to areas of Indian country in this table is intended for CAA planning purposes only and is not an
  EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to
  establish Indian country land status, and is making no determination of Indian country boundaries, in this
  table.
\4\ Includes any Indian country in each county or area, unless otherwise specified.

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[FR Doc. 2015-30920 Filed 12-10-15; 8:45 am]
 BILLING CODE 6560-50-P