[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25390-25392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11833]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R04-OAR-2018-0017; FRL-9978-93-Region 4]


Air Plan Approval and Air Quality Designation; SC; Redesignation 
of the Greenville-Spartanburg Unclassifiable Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On January 22, 2018, the State of South Carolina, through the 
Department of Health and Environmental Control (DHEC), submitted a 
request for the Environmental Protection Agency (EPA) to redesignate 
the Greenville-Spartanburg, South Carolina fine particulate matter 
(PM2.5) unclassifiable area (hereinafter referred to as the 
``Greenville Area'' or ``Area'') to unclassifiable/attainment for the 
1997 primary and secondary annual PM2.5 national ambient air 
quality standards (NAAQS). The Greenville Area is comprised of 
Anderson, Greenville, and Spartanburg Counties in South Carolina. EPA 
is approving the State's request and redesignating the Area to 
unclassifiable/attainment for the 1997 primary and secondary annual 
PM2.5 NAAQS based upon valid, quality-assured, and certified 
ambient air monitoring data showing that the PM2.5 monitors 
in the Area are in compliance with the 1997 primary and secondary 
annual PM2.5 NAAQS.

DATES: This rule will be effective July 2, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0017. All documents in the docket 
are listed on the www.regulations.gov website. 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,

[[Page 25391]]

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: Madolyn Sanchez, 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. Ms. Sanchez can be reached by telephone at (404) 562-9644 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 18, 1997 (62 FR 38652), EPA revised the NAAQS for 
particulate matter to add new standards for PM2.5 (annual 
and 24-hour). The primary and secondary annual standards were each set 
at a level of 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 
3-year average of annual mean PM2.5 concentrations. The 
primary and secondary 24-hour standards were each set at a level of 65 
[mu]g/m\3\, based on a 3-year average of the 98th percentile of 24-hour 
concentrations. EPA established the standards based on significant 
evidence and numerous health studies demonstrating that serious health 
effects are associated with exposures to particulate matter.
    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in section 107(d)(1) of the Clean Air Act 
(CAA). EPA and state air quality agencies initiated the monitoring 
process for the 1997 PM2.5 NAAQS in 1999, and deployed all 
air quality monitors by January 2001. On January 5, 2005 (70 FR 944), 
EPA designated areas across the country as nonattainment, 
unclassifiable, or unclassifiable/attainment \1\ for the 1997 
PM2.5 NAAQS based upon air quality monitoring data from 
these monitors for calendar years 2001-2003.
---------------------------------------------------------------------------

    \1\ For the initial PM area designations in 2005 (for the 1997 
PM2.5 NAAQS), EPA used a designation category of 
``unclassifiable/attainment'' for areas that had monitors showing 
attainment of the standard and were not contributing to nearby 
violations and for areas that did not have monitors but for which 
EPA had reason to believe were likely attaining the standard and not 
contributing to nearby violations. EPA used the category 
``unclassifiable'' for areas in which EPA could not determine, based 
upon available information, whether or not the NAAQS was being met 
and/or EPA had not determined the area to be contributing to nearby 
violations. EPA reserves the ``attainment'' category for when EPA 
redesignates a nonattainment area that has attained the relevant 
NAAQS and has an approved maintenance plan.
---------------------------------------------------------------------------

    Greenville County, South Carolina, had a monitor with less than 
three years of data because the monitor had not been in operation for 
the full 2001-2003 period. Based upon the data that was obtained during 
its operation, the monitor indicated a potential to violate the 1997 
annual PM2.5 NAAQS. Also, Anderson and Spartanburg Counties 
had emissions and population levels that potentially contributed to the 
elevated concentrations of PM2.5 at the Greenville monitor 
in question. Therefore, EPA designated all three counties--Anderson, 
Greenville and Spartanburg--as unclassifiable for the 1997 annual 
PM2.5 NAAQS.
    On January 22, 2018, South Carolina submitted a request for EPA to 
redesignate the Greenville Area to unclassifiable/attainment for the 
1997 annual PM2.5 NAAQS now that there is sufficient data to 
determine that the Area is in attainment. In a notice of proposed 
rulemaking (NPRM) published on March 13, 2018 (83 FR 10814), EPA 
proposed to approve the State's redesignation request. The details of 
South Carolina's submittal and the rationale for EPA's actions are 
further explained in the NPRM. EPA did not receive any adverse comments 
on the proposed action.

II. Final Action

    EPA is approving South Carolina's redesignation request and 
redesignating the Greenville Area from unclassifiable to 
unclassifiable/attainment for the 1997 primary and secondary annual 
PM2.5 NAAQS.

III. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to unclassifiable/
attainment is an action that affects the status of a geographical area 
and does not impose any additional regulatory requirements on sources 
beyond those imposed by state law. A redesignation to unclassifiable/
attainment does not in and of itself create any new requirements. 
Accordingly, this action merely redesignates an area to unclassifiable/
attainment and does not impose additional requirements. 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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because redesignations are exempted under 
Executive Order 12866;
     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
     will not have disproportionate human health or 
environmental effects 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, 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 
Area and the redesignation does not create new requirements, EPA has 
determined that this rule does not have substantial direct effects on 
an Indian Tribe. 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

[[Page 25392]]

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 July 31, 2018. 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 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: May 18, 2018.
Onis'' Trey'' Glenn, III,
Regional Administrator, Region 4.
    40 CFR part 81 is amended as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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


0
2. In Sec.  81.341, the table entitled ``South Carolina-1997 Annual 
PM2.5 NAAQS (Primary and secondary)'' is amended under the 
heading ``Greenville-Spartanburg, SC:'' by revising the entries for 
``Anderson County'', ``Greenville County'', and ``Spartanburg County'' 
to read as follows:


Sec.  81.341  South Carolina.

* * * * *

                                     South Carolina--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                    Designation a                         Classification
          Designated area          -----------------------------------------------------------------------------
                                            Date 1                  Type               Date            Type
----------------------------------------------------------------------------------------------------------------
Greenville-Spartanburg, SC:
    Anderson County...............  June 1, 2018.........  Unclassifiable/
                                                            Attainment.
    Greenville County.............  June 1, 2018.........  Unclassifiable/
                                                            Attainment.
    Spartanburg County............  June 1, 2018.........  Unclassifiable/
                                                            Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *
[FR Doc. 2018-11833 Filed 5-31-18; 8:45 am]
BILLING CODE 6560-50-P