[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Rules and Regulations]
[Pages 56512-56514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19537]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0247; FRL-9950-82-Region 4]


Air Plan Approval; South Carolina; Prong 4-2008 Ozone, 2010 NO2, 
SO2, and 2012 PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally 
approving the portions of revisions to the South Carolina State 
Implementation Plan (SIP), submitted by the South Carolina Department 
of Health and Environmental Control (SC DHEC), addressing the Clean Air 
Act (CAA or Act) visibility transport (prong 4) infrastructure SIP 
requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide 
(NO2), 2010 1-hour Sulfur Dioxide (SO2), and 2012 
annual Fine Particulate Matter (PM2.5) 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, commonly referred to as an 
``infrastructure SIP.'' Specifically, EPA is conditionally approving 
the prong 4 portions of South Carolina's July 17, 2008, 8-hour Ozone 
infrastructure SIP submission; April 30, 2014, 2010 1-hour 
NO2 infrastructure SIP submission; May 8, 2014, 2010 1-hour 
SO2 infrastructure SIP submission; and December 18, 2015, 
2012 annual PM2.5 infrastructure SIP submission. All other 
applicable infrastructure requirements for these SIP submissions have 
been or will be addressed in separate rulemakings.

DATES: This rule will be effective September 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0247. 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: Sean Lakeman 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.,

[[Page 56513]]

Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached by telephone at 
(404) 562-9043 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    By statute, SIPs meeting the requirements of sections 110(a)(1) and 
(2) of the CAA are to be submitted by states within three years after 
promulgation of a new or revised NAAQS to provide for the 
implementation, maintenance, and enforcement of the new or revised 
NAAQS. EPA has historically referred to these SIP submissions made for 
the purpose of satisfying the requirements of sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and 
(2) require states to address basic SIP elements such as the 
requirements for monitoring, basic program requirements, and legal 
authority that are designed to assure attainment and maintenance of the 
newly established or revised NAAQS. More specifically, section 
110(a)(1) provides the procedural and timing requirements for 
infrastructure SIPs. Section 110(a)(2) lists specific elements that 
states must meet for the infrastructure SIP requirements related to a 
newly established or revised NAAQS. The contents of an infrastructure 
SIP submission may vary depending upon the data and analytical tools 
available to the state, as well as the provisions already contained in 
the state's implementation plan at the time in which the state develops 
and submits the submission for a new or revised NAAQS.
    Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct 
components, commonly referred to as ``prongs,'' that must be addressed 
in infrastructure SIP submissions. The first two prongs, which are 
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit 
any source or other type of emissions activity in one state from 
contributing significantly to nonattainment of the NAAQS in another 
state (prong 1) and from interfering with maintenance of the NAAQS in 
another state (prong 2). The third and fourth prongs, which are 
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit 
emissions activity in one state from interfering with measures required 
to prevent significant deterioration of air quality in another state 
(prong 3) or from interfering with measures to protect visibility in 
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to 
include provisions ensuring compliance with sections 115 and 126 of the 
Act, relating to interstate and international pollution abatement.
    The prong 4 portions of South Carolina's infrastructure SIP 
submissions for the 2008 8-hour Ozone, 2010 1-hour NO2, 2010 
1-hour SO2, and 2012 annual PM2.5 NAAQS cite to 
the State's regional haze SIP as satisfying prong 4 requirements.\1\ 
However, the State may not currently rely on its regional haze SIP to 
satisfy these requirements because EPA has not yet fully approved South 
Carolina's regional haze SIP as it relies on the Clean Air Interstate 
Rule (CAIR) to satisfy the nitrogen oxides (NOX) and 
SO2 Best Available Retrofit Technology (BART) requirements 
for the CAIR-subject electric generating units (EGUs) in the State and 
the requirement for a long-term strategy sufficient to achieve the 
state-adopted reasonable progress goals.\2\ Therefore, on April 19, 
2016, South Carolina submitted a commitment letter to EPA requesting 
conditional approval of the prong 4 portions of the aforementioned 
infrastructure SIP revisions.
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    \1\ The April 30, 2014, 2010 1-hour NO2 submission; 
May 8, 2014, 2010 1-hour SO2 submission; and December 18, 
2015 also cite to the State's December 2012 regional haze progress 
report.
    \2\ CAIR, promulgated in 2005, required 27 states and the 
District of Columbia to reduce emissions of NOX and 
SO2 that significantly contribute to, or interfere with 
maintenance of, the 1997 NAAQS for fine particulates and/or ozone in 
any downwind state. CAIR imposed specified emissions reduction 
requirements on each affected State, and established several EPA-
administered cap and trade programs for EGUs that States could join 
as a means to meet these requirements.
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    In its commitment letter, South Carolina commits to satisfy the 
prong 4 requirements for the 2008 8-hour ozone NAAQS, 2010 1-hour 
NO2 NAAQS, 2010 1-hour SO2 NAAQS, and 2012 
PM2.5 NAAQS by providing a SIP revision within one year of 
EPA's final conditional approval of the prong 4 portions of the 
infrastructure SIP revisions and provides an anticipated schedule for 
these revisions. Specifically, South Carolina commits ``to provide to 
the EPA a SIP revision that adopts provisions for participation in the 
Cross-State Air Pollution Rule (``CSAPR'') annual NOx and annual 
SO2 trading programs, including annual NOX and 
annual SO2 budgets. Any adopted budgets would be at least as 
stringent as the budgets codified for South Carolina at 40 CFR 
97.710(a) (annual SO2 group 2 trading budgets) and 40 CFR 
97.410(a) (annual NOX trading budgets), as promulgated in 
the Federal Register notice of June 12, 2012 (77 FR 34,830). We will 
rely on this SIP revision adopting such budgets to submit a concurrent 
SIP revision that will satisfy the visibility requirements of section 
110(a)(2)(D)(i)(II) and EPA's corresponding guidance on those 
requirements. We commit to provide this concurrent SIP revision within 
the one-year period described above. This concurrent SIP revision will 
rely on either an analysis provided therein showing that emissions from 
sources in South Carolina will not interfere with the attainment of the 
reasonable progress goals of other states or on a fully approved 
regional haze SIP relying on CSAPR. If the concurrent SIP revision 
relies on a fully approvable regional haze SIP, we commit to provide 
this regional haze SIP to EPA within the one year period described 
above.''
    If South Carolina meets its commitment within one year of final 
conditional approval, the prong 4 portions of the conditionally-
approved infrastructure SIP submissions will remain a part of the SIP 
until EPA takes final action approving or disapproving the new SIP 
revision(s). However, if the State fails to submit these revisions 
within the one-year timeframe, the conditional approval will 
automatically become a disapproval one year from EPA's final 
conditional approval and EPA will issue a finding of disapproval. EPA 
is not required to propose the finding of disapproval. If the 
conditional approval is converted to a disapproval, the final 
disapproval triggers the federal implementation plan requirement under 
CAA section 110(c).
    In a notice of proposed rulemaking (NPRM) published on June 8, 2016 
(81 FR 36842), EPA proposed to conditionally approve the prong 4 
portions of the aforementioned infrastructure SIP submissions. The NPRM 
provides additional detail regarding the rationale for EPA's action, 
including further discussion of the Prong 4 requirements and the basis 
for South Carolina's commitment letter. Comments on the proposed 
rulemaking were due on or before July 8, 2016. EPA received no adverse 
comments on the proposed action.

II. Final Action

    EPA is conditionally approving the prong 4 portions of South 
Carolina's July 17, 2008, 8-hour Ozone infrastructure SIP submission; 
April 30, 2014, 2010 1-hour NO2 infrastructure SIP 
submission; May 8, 2014, 2010 1-hour SO2 infrastructure SIP 
submission; and December 18, 2015, 2012 annual PM2.5 
infrastructure SIP submission. All other applicable infrastructure 
requirements for these SIP submissions

[[Page 56514]]

have been or will be addressed in separate rulemakings.

III. 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. 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, 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 CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this action 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, South 
Carolina statute 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 
conditionally approving 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 October 21, 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 in 40 CFR Part 52

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

    Dated: August 8, 2016.
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 52.2127 is added to read as follows:


Sec.  52.2127  Conditional approval.

    South Carolina submitted a letter to EPA on April 19, 2016, with a 
commitment to address the State Implementation Plan deficiencies 
regarding requirements of Clean Air Act section 110(a)(2)(D)(i)(II) 
related to interference with measures to protect visibility in another 
state (prong 4) for the 2008 8-hour Ozone, 2010 1-hour NO2, 
2010 1-hour SO2, and 2012 annual PM2.5 NAAQS. EPA 
conditionally approved the prong 4 portions of South Carolina's July 
17, 2008, 8-hour Ozone infrastructure SIP submission; April 30, 2014, 
2010 1-hour NO2 infrastructure SIP submission; May 8, 2014, 
2010 1-hour SO2 infrastructure SIP submission; and December 
18, 2015, 2012 annual PM2.5 infrastructure SIP submission in 
an action published in the Federal Register on August 22, 2016. If 
South Carolina fails to meet its commitment by August 22, 2017, the 
conditional approval will automatically become a disapproval on that 
date and EPA will issue a finding of disapproval.
[FR Doc. 2016-19537 Filed 8-19-16; 8:45 am]
 BILLING CODE 6560-50-P