[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Proposed Rules]
[Pages 65051-65061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25577]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0014; FRL-10002-54-Region 4]


Air Plan Approval; AL and SC: Infrastructure Requirements for the 
2015 8-Hour Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of the Alabama and South Carolina State Implementation 
Plan (SIP) submissions provided on August 20, 2018 and September 7, 
2018, respectively, for inclusion into their respective SIPs. This 
proposal pertains to the infrastructure requirements of the Clean Air 
Act (CAA or Act) for the 2015 8-hour ozone national ambient air quality 
standard (NAAQS). Whenever EPA promulgates a new or revised NAAQS, the 
CAA requires that each state adopt and submit a SIP for the 
implementation, maintenance and enforcement of each NAAQS promulgated 
by EPA. Alabama and South Carolina certified that their SIPs contain 
provisions that ensure the 2015 8-hour ozone NAAQS is implemented, 
enforced, and maintained in their State. EPA is proposing to determine 
that Alabama and South Carolina infrastructure SIP submissions satisfy 
certain required infrastructure elements for the 2015 8-hour ozone 
NAAQS.

DATES: Comments must be received on or before December 26, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0014 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written

[[Page 65052]]

comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Bell can be reached 
via telephone at (404) 562-9088 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Overview
II. What elements are required under sections 110(a)(1) and 
110(a)(2)?
III. What is EPA's approach to the review of infrastructure SIP 
submissions?
IV. What is EPA's analysis of how Alabama and South Carolina 
addressed the elements of the section 110(a)(1) and (2) 
``infrastructure'' provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background and Overview

    On October 1, 2015 (published October 26, 2015, see 80 FR 65292), 
EPA promulgated a revised primary and secondary NAAQS for ozone, 
revising the 8-hour ozone standards from 0.075 parts per million (ppm) 
to a new more protective level of 0.070 ppm. Pursuant to section 
110(a)(1) of the CAA, states are required to submit SIP revisions 
meeting the applicable requirements of section 110(a)(2) within three 
years after promulgation of a new or revised NAAQS or within such 
shorter period as EPA may prescribe. Section 110(a)(2) requires states 
to address basic SIP elements such as requirements for monitoring, 
basic program requirements and legal authority that are designed to 
assure attainment and maintenance of the NAAQS. This particular type of 
SIP is commonly referred to as an ``infrastructure SIP.'' States were 
required to submit such SIPs for the 2015 8-hour ozone NAAQS to EPA no 
later than October 1, 2018.\1\
---------------------------------------------------------------------------

    \1\ In these infrastructure SIP submissions States generally 
certify evidence of compliance with sections 110(a)(1) and (2) of 
the CAA through a combination of state regulations and statutes, 
some of which have been incorporated into the federally-approved 
SIP. In addition, certain federally-approved, non-SIP regulations 
may also be appropriate for demonstrating compliance with sections 
110(a)(1) and (2).
---------------------------------------------------------------------------

    This action is proposing to approve Alabama's August 20, 2018,\2\ 
revision provided to EPA through the Alabama Department of 
Environmental Management (ADEM)) and South Carolina's September 7, 
2018, revision provided to EPA through the Department of Health and 
Environmental Control (SC DEHC), for the applicable infrastructure SIP 
requirements of the 2015 8-hour ozone NAAQS, with the exception of the 
interstate transport provisions of section 110(a)(2)(D)(i)(I), 
pertaining to contribution to nonattainment or interference with 
maintenance in other states. With respect to the interstate transport 
provisions of section 110(a)(2)(D)(i)(I), EPA will address these 
provisions in separate rulemaking actions.
---------------------------------------------------------------------------

    \2\ The August 20, 2018, SIP submission provided by ADEM was 
received by EPA on August 27, 2018.
---------------------------------------------------------------------------

II. What elements are required under sections 110(a)(1) and 110(a)(2)?

    Section 110(a) of the CAA requires states to submit SIPs 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. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for infrastructure SIP requirements related to a 
newly established or revised NAAQS. As mentioned above, these 
requirements include basic SIP elements such as requirements for 
monitoring, basic program requirements and legal authority that are 
designed to assure attainment and maintenance of the NAAQS. The 
requirements of section 110(a)(2) are summarized in section IV below, 
and in EPA's September 13, 2013, memorandum entitled ``Guidance on 
Infrastructure State Implementation Plan (SIP) Elements under Clean Air 
Act Sections 110(a)(1) and 110(a)(2).'' \3\
---------------------------------------------------------------------------

    \3\ Two elements identified in section 110(a)(2) are not 
governed by the three-year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather are due at the time the nonattainment 
area plan requirements are due pursuant to section 172. These 
requirements are: (1) Submissions required by section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required 
in part D, title I of the CAA; and (2) submissions required by 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, title I of the CAA. This proposed rulemaking 
does not address infrastructure elements related to section 
110(a)(2)(I) or the nonattainment permitting requirements of 
110(a)(2)(C).
---------------------------------------------------------------------------

 110(a)(2)(A): Emission Limits and Other Control Measures
 110(a)(2)(B): Ambient Air Quality Monitoring/Data System
 110(a)2(C): Programs for Enforcement of Control Measures and 
for Construction or Modification of Stationary Sources \4\
---------------------------------------------------------------------------

    \4\ As mentioned above, the Part D permit program for 
construction and modification of major stationary sources is not 
relevant to this proposed rulemaking.
---------------------------------------------------------------------------

 110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport
 110(a)(2)(D)(ii): Interstate Pollution Abatement and 
International Air Pollution
 110(a)(2)(E): Adequate Resources and Authority, Conflict of 
Interest, and Oversight of Local Governments and Regional Agencies
 110(a)(2)(F): Stationary Source Monitoring and Reporting
 110(a)(2)(G): Emergency Powers
 110(a)(2)(H): SIP Revisions
 110(a)(2)(I): Plan Revisions for Nonattainment Areas \5\
---------------------------------------------------------------------------

    \5\ As also mentioned above, this element is not relevant to 
this proposed rulemaking.
---------------------------------------------------------------------------

 110(a)(2)(J): Consultation with Government Officials, Public 
Notification, and Prevention of Significant Deterioration (PSD) and 
Visibility Protection
 110(a)(2)(K): Air Quality Modeling and Submission of Modeling 
Data
 110(a)(2)(L): Permitting fees
 110(a)(2)(M): Consultation and Participation by Affected Local 
Entities

III. What is EPA's approach to the review of infrastructure SIP 
submissions?

    EPA is acting upon portions of the SIP submissions from Alabama and 
South Carolina that address certain infrastructure requirements of CAA 
sections 110(a)(1) and 110(a)(2) for the 2015 8-hour ozone NAAQS. 
Whenever EPA promulgates a new or revised

[[Page 65053]]

NAAQS, CAA section 110(a)(1) requires states to make SIP submissions to 
provide for the implementation, maintenance, and enforcement of the 
NAAQS, commonly referred to as ``infrastructure SIPs.'' These 
infrastructure SIP submissions must meet the various requirements of 
CAA section 110(a)(2), as applicable. Due to ambiguity in some of the 
language of CAA section 110(a)(2), EPA believes that it is appropriate 
to interpret these provisions in the specific context of acting on 
infrastructure SIP submissions. EPA has previously provided 
comprehensive guidance on the application of these provisions through a 
guidance document for infrastructure SIP submissions and through 
regional actions on infrastructure submissions.\6\ Unless otherwise 
noted below, we are following that existing approach in acting on these 
submissions. In addition, in the context of acting on such 
infrastructure submissions, EPA evaluates the submitting state's SIP 
for facial compliance with statutory and regulatory requirements, not 
for the state's implementation of its SIP.\7\ The EPA has other 
authority to address any issues concerning a state's implementation of 
the rules, regulations, consent orders, etc. that comprise its SIP.
---------------------------------------------------------------------------

    \6\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013 Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
actions on Alabama and South Carolina infrastructure SIPs to address 
the 2010 Nitrogen Dioxide NAAQS (81 FR 47124 (July 20, 2016) and 81 
FR 63704 (September 16, 2016), respectively).
    \7\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th 
Cir. 2018).
---------------------------------------------------------------------------

IV. What is EPA's analysis of how Alabama and South Carolina addressed 
the elements of the section 110(a)(1) and (2) ``infrastructure'' 
provisions?

    Alabama's and South Carolina's infrastructure SIP submissions 
address certain provisions of sections 110(a)(1) and (2) as described 
below.
    1. 110(a)(2)(A): Emission Limits and Other Control Measures: 
Section 110(a)(2)(A) requires that each implementation plan include 
enforceable emission limitations and other control measures, means, or 
techniques (including economic incentives such as fees, marketable 
permits, and auctions of emissions rights), as well as schedules and 
timetables for compliance, as may be necessary or appropriate to meet 
the applicable requirements. Several regulations within Alabama's and 
South Carolina's SIPs and state statutes are relevant to air quality 
control regulations. Below provides more detail for each state 
addressed in this proposed rulemaking.

Alabama

    Alabama cites to the following regulations to satisfy this 
requirement. ADEM Admin. Code r. 335-3-1-.03--Ambient Air Quality 
Standards,\8\ authorizes ADEM to provide for attainment of the NAAQS. 
ADEM Admin. Code r. 335-3-1-.06--Compliance Schedule, sets the schedule 
for compliance with the State's Air Pollution Control rules and 
regulations. ADEM Admin. Code r. 335-3-1-.05--Sampling and Testing 
Methods, details the authority and means with which ADEM can require 
testing and emissions verification. ADEM Admin. Code r. 335-3-
14-.03(l)(g)--Standard for Granting Permits, which authorizes ADEM to 
grant permits. Also, the following ADEM Administrative Code rules 
address this element: 335-3-14-.03(2)--Stack Heights, subparagraphs (d) 
and (e), 335-3-15-.02(9) --Stack Heights, subparagraphs (d) and (e), 
and 335-3-16-.02(10) --General Provisions, subparagraphs (d) and (e).
---------------------------------------------------------------------------

    \8\ Throughout this rulemaking, unless otherwise indicated, the 
term ``ADEM Administrative Code (Admin. Code r).'' indicates that 
the cited regulation has either been approved or submitted for 
approval into Alabama's federally-approved SIP. The term ``Alabama 
Code'' (Ala. Code) indicates cited Alabama state statutes, which are 
not a part of the SIP unless otherwise indicated.
---------------------------------------------------------------------------

South Carolina

    South Carolina cites to the following provisions to satisfy this 
requirement. South Carolina's Regulation \9\ 61-62.5, Standard No. 2, 
Ambient Air Quality Standards and Regulation 61-62.1, Definitions and 
General Requirements, provide enforceable emission limits and other 
control measures, means, and techniques. Section 48-1-50(23) of the 
1976 South Carolina Code of Laws, as amended, (S.C. Code Ann.) provides 
SC DHEC with the authority to ``Adopt emission and effluent control 
regulations standards and limitations that are applicable to the entire 
state, that are applicable only within specified areas or zones of the 
state, or that are applicable only when a specified class of pollutant 
is present.'' Collectively these provisions establish enforceable 
emissions limitations and other control measures, means or techniques, 
for activities that contribute to ozone concentrations in the ambient 
air and provide authority for SC DHEC to establish such limits and 
measures as well as schedules for compliance to meet the applicable 
requirements of the CAA.
---------------------------------------------------------------------------

    \9\ Throughout this rulemaking when referring to the South 
Carolina SIP, unless otherwise indicated, the term ``South Carolina 
Air Pollution Control Regulation'' or ``Regulation'' indicates that 
the cited regulation has been approved into South Carolina's 
federally-approved SIP. The term ``South Carolina Code of Laws'' or 
``S.C. Code Ann.'' Indicates cited South Carolina state statutes, 
which are not a part of the SIP unless otherwise indicated.
---------------------------------------------------------------------------

    EPA has made the preliminary determination that the provisions 
contained in Alabama's and South Carolina's SIP-approved State 
regulations and State statutes are adequate for enforceable emission 
limitations and other control measures, means, or techniques, as well 
as schedules and timetables for compliance to satisfy the requirements 
of Section 110(a)(2(A) for the 2015 8-hour ozone NAAQS in each of the 
states.
    2. 110(a)(2)(B) Ambient Air Quality Monitoring/Data System: Section 
110(a)(2)(B) requires SIPs to provide for establishment and operation 
of appropriate devices, methods, systems, and procedures necessary to: 
(i) monitor, compile, and analyze data on ambient air quality, and (ii) 
upon request, make such data available to the Administrator. Below 
provides more detail for each state addressed in this proposed 
rulemaking.

Alabama

    ADEM Admin. Code r. 335-3-1-.04--Monitoring, Records, and 
Reporting, authorizes the Director of ADEM to require sources to 
install, use and maintain monitoring equipment and submit emissions 
monitoring reports as prescribed by the Director. Pursuant to this 
regulation, these sources collect air monitoring data, quality assure 
the results, and report the data as prescribed by the Director. ADEM 
Admin. Code r. 335-3-1-.05--Sampling and Testing Methods, details the 
authority and means through which ADEM can require testing and 
emissions verification.

South Carolina

    South Carolina's Regulation 61-62.5, Standard No. 7, Prevention of 
Significant Deterioration, addresses ambient monitoring requirements 
for major new source review. The South Carolina Network Description and 
Ambient Air Network Monitoring Plan provides for an ambient air quality 
monitoring system in the State. S.C. Code Ann. Sec.  48-1-50(14) 
provides the Department with the necessary authority to ``collect and 
disseminate information on air and water control.''

[[Page 65054]]

Ambient Monitoring Network Plans

    Annually, states develop and submit to EPA for approval statewide 
ambient monitoring network plans consistent with the requirements of 40 
CFR parts 50, 53, and 58. The annual network plan involves an 
evaluation of any proposed changes to the monitoring network and 
includes the annual ambient monitoring network design plan and a 
certified evaluation of the agency's ambient monitors and auxiliary 
support equipment.\10\
---------------------------------------------------------------------------

    \10\ On occasion, proposed changes to the monitoring network are 
evaluated outside of the network plan approval process in accordance 
with 40 CFR part 58.
---------------------------------------------------------------------------

    On July 8, 2019 and July 1, 2019, Alabama and South Carolina, 
submitted their monitoring network plans to EPA, respectively. On 
October 30, 2019 and October 25, 2019, EPA approved these monitoring 
network plans. Alabama's and South Carolina's, approved monitoring 
network plan can be accessed at www.regulations.gov using Docket ID No. 
EPA-R04-OAR-2019-0014. EPA has made the preliminary determination that 
Alabama's and South Carolina's SIPs and practices are adequate for the 
ambient air quality monitoring and data system related to the 2015 8-
hour ozone NAAQS.
    3. 110(a)(2)(C) Programs for Enforcement of Control Measures and 
for Construction or Modification of Stationary Sources: This element 
consists of three sub-elements: Enforcement, state-wide regulation of 
new and modified minor sources and minor modifications of major 
sources, and preconstruction permitting of major sources and major 
modifications in areas designated attainment or unclassifiable for a 
NAAQS as required by CAA title I part C (i.e., the major source PSD 
program).
    For the PSD sub-element, EPA interprets the CAA to require that a 
state's infrastructure SIP submission for a particular NAAQS 
demonstrate that the state has a complete PSD permitting program in 
place covering the PSD requirements for all regulated NSR 
pollutants.\11\ A state's PSD permitting program is complete for this 
sub-element (and prong 3 of D(i) and J related to PSD) if EPA has 
already approved or is simultaneously approving the state's 
implementation plan with respect to all PSD requirements that are due 
under EPA regulations or the CAA on or before the date of EPA's 
proposed action on the infrastructure SIP submission.
---------------------------------------------------------------------------

    \11\ See EPA's September 13, 2013, memorandum entitled 
``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2).
---------------------------------------------------------------------------

    Alabama's and South Carolina's 2015 8-hour ozone NAAQS 
infrastructure SIP submissions cited a number of SIP provisions to 
address these requirements. See below for more details on these SIP 
provisions.

Alabama

    Alabama's infrastructure SIP submission cited the following 
provisions of the ADEM Admin. Code to satisfy 110(a)(2)(C):
    Enforcement: Alabama's infrastructure SIP submission cited SIP-
approved regulations Admin. Code r. 335-3-14-.01, General Provisions, 
and Admin. Code r. 335-3-14-.03, Standards for Granting Permits, which 
provide for enforcement of ozone precursor emission limits and control 
measures through permitting for new or modified stationary sources. 
ADEM has authority to issue enforcement orders and assess penalties 
through Code sections 22-22A-5, 22-28-10 and 22-28-22.
    PSD Permitting for Major Sources: Alabama's infrastructure SIP 
submission cited ADEM Admin. Code r. 335-3-14-.04, Prevention of 
Significant Deterioration in Permitting, 335-3-14-.02, Permit Procedure 
and 335-3-14-.03--Standards for Granting Permits. These SIP-approved 
regulations provide that new major sources and major modifications in 
areas of the State designated attainment or unclassifiable for any 
given NAAQS are subject to a federally-approved PSD permitting program 
meeting all the current structural requirements of part C of title I of 
the CAA.
    Regulation of minor sources and modifications: Alabama's 
infrastructure SIP submission cited ADEM Admin. Code r. 335-3-14-.01 
General Provisions, 335-3-14-.02 Permit Procedure, and 335-3-14-.03--
Standards for Granting Permits. These SIP approved regulations govern 
the preconstruction permitting of minor modifications and construction 
of minor stationary sources.

South Carolina

    South Carolina's infrastructure SIP submission cited the following 
provisions to satisfy 110(a)(2)(C):
    Enforcement: SC DHEC's SIP-approved permitting regulations, 
described below in this section, provide for enforcement of ozone 
emission limits and control measures through construction permitting 
for new or modified stationary sources. South Carolina's infrastructure 
SIP submission cites to statute 48-1-50(11), which provides SC DHEC the 
authority to administer penalties for violations of any order, permit, 
regulation or standards; and 48-1-50(10), which authorizes SC DHEC to 
require and approve construction plans for sources and inspect the 
construction thereof for compliance with the approved plan. 
Additionally, SC DHEC is authorized under 48-1-50(3) and (4) to issue 
orders requiring the discontinuance of the discharge of air 
contaminants into the ambient air that create an undesirable level and 
seek an injunction to compel compliance with the Pollution Control Act 
and permits, permit conditions and orders.
    PSD Permitting for Major Sources: South Carolina's authority to 
regulate new and modified sources to assist in the protection of air 
quality in South Carolina is established in Regulations 61-62.1, 
Section II, Permit Requirements; 61-62.5, Standard No. 7, Prevention of 
Significant Deterioration of South Carolina's SIP. These regulations 
pertain to the construction of any new major stationary source or any 
modification at an existing major stationary source in an area 
designated as attainment or unclassifiable. These regulations provide 
that new major sources and major modifications in such areas are 
subject to a federally-approved PSD permitting program meeting all the 
current structural requirements of part C of title I of the CAA, which 
satisfies the infrastructure SIP PSD elements.
    Regulation of minor sources and modifications: Regulation 61-62.1, 
Section II, Permit Requirements governs the preconstruction permitting 
of minor modifications and construction of minor stationary sources in 
South Carolina.
    EPA has made the preliminary determination that Alabama's and South 
Carolina's SIPs are adequate for enforcement of control measures, the 
PSD element, and regulation of construction of minor stationary sources 
and minor modifications for the 2015 8-hour ozone NAAQS.
    4. 110(a)(2)(D)(i)(I) and (II) Interstate Pollution Transport: 
Section 110(a)(2)(D)(i) has two components: 110(a)(2)(D)(i)(I) and 
110(a)(2)(D)(i)(II). Each of these components has two subparts 
resulting in 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 interfering with 
maintenance of the NAAQS in another

[[Page 65055]]

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 to protect visibility in another state (``prong 4'').
    110(a)(2)(D)(i)(I)--prongs 1 and 2: EPA is not proposing any action 
in this rulemaking related to the interstate transport provisions 
pertaining to the contribution to nonattainment or interference with 
maintenance in other states of section 110(a)(2)(D)(i)(I) (prongs 1 and 
2). EPA will address prongs 1 and 2 in separate rulemakings.
    110(a)(2)(D)(i)(II)--prong 3: With regard to section 
110(a)(2)(D)(i)(II), the PSD element, referred to as prong 3, this 
requirement may be met by a state's confirmation in an infrastructure 
SIP submission that new major sources and major modifications in the 
state are subject to: a PSD program meeting current structural 
requirements of part C of title I of the CAA, or (if the state contains 
a nonattainment area that has the potential to impact PSD in another 
state) a NNSR program.

Alabama

    As explained regarding 110(a)(2)(C), Alabama's SIP contains a PSD 
program meeting current federal requirements for such programs at 335-
3-14-.04--Prevention of Significant Deterioration in Permitting, which 
satisfies prong 3 with respect to areas in the State designated as 
attainment and unclassifiable. Alabama's SIP also contains a NNSR 
program at 335-3-14-.05--Air Permits Authorizing Construction in or 
Near Nonattainment Areas, which satisfies prong 3 to the extent there 
are nonattainment areas within the State.

South Carolina

    As explained regarding 110(a)(2)(C), South Carolina's SIP contains 
a PSD program meeting current federal requirements for such programs at 
Regulation 61-62.5, Standard No. 7, Prevention of Significant 
Deterioration which satisfies prong 3 with respect to areas in the 
State designated as attainment and unclassifiable. South Carolina's SIP 
also contains a NNSR program at 61-62.5, Standard No. 7.1, 
Nonattainment New Source Review, which satisfies prong 3 to the extent 
there are nonattainment areas within the State.
    EPA has made the preliminary determination that Alabama's and South 
Carolina's SIPs are adequate for interstate transport for PSD 
permitting of major sources and major modifications related to the 2015 
8-hour ozone NAAQS for section 110(a)(2)(D)(i)(II) (prong 3).
    110(a)(2)(D)(i)(II)--prong 4: Section 110(a)(2)(D)(i)(II) requires 
that the SIP contain adequate provisions to protect visibility in other 
states. This requirement is satisfied for any relevant NAAQS when the 
state has a fully approved regional haze SIP.

Alabama

    Alabama's SIP contains a fully-approved regional haze plan, which 
was submitted to EPA on July 15, 2008, amended on October 16, 2015, and 
fully approved by EPA on October 12, 2017 (82 FR 47385). EPA's approval 
of the Alabama regional haze SIP therefore ensures that emissions from 
Alabama are not interfering with measures to protect visibility in 
other states, satisfying the requirements of prong 4 of section 
110(a)(2)(D)(i)(II) for the 2015 8-hour ozone NAAQS.

South Carolina

    South Carolina's SIP contains a fully-approved regional haze plan. 
At the time of the SIP submittal, EPA had proposed full approval of the 
plan on June 4, 2018 (83 FR 25604). EPA fully approved South Carolina's 
regional haze plan into the South Carolina SIP on September 24, 2018 
(83 FR 48237). EPA's approval of South Carolina's regional haze SIP 
therefore ensures that emissions from South Carolina are not 
interfering with measures to protect visibility in other states, 
satisfying the requirements of prong 4 of section 110(a)(2)(D)(i)(II) 
for the 2015 8-hour ozone NAAQS.
    EPA has made the preliminary determination that Alabama's and South 
Carolina's SIPs meet the requirements of prong 4 of section 
110(a)(2)(D)(i)(II) for the 2015 8-hour ozone NAAQS.
    5. 110(a)(2)(D)(ii) Interstate and International Transport 
Provisions: Section 110(a)(2)(D)(ii) requires SIPs to include 
provisions ensuring compliance with section 115 and 126 of the Act, 
relating to interstate and international pollution abatement.

Alabama

    ADEM Admin. Code r. 335-3-14-.04--Prevention of Significant 
Deterioration in Permitting describes how Alabama notifies neighboring 
states of potential emission impacts from new or modified sources 
applying for PSD permits. This regulation requires ADEM to provide an 
opportunity for a public hearing to the public, which includes state or 
local air pollution control agencies, ``whose lands may be affected by 
emissions from the source or modification.'' Additionally, Alabama does 
not have any pending obligation under sections 115 and 126 of the CAA.

South Carolina

    South Carolina's Regulation 61-62.5, Standards 7 and 7.1(q)(2)(iv), 
Public Participation, requires SC DHEC to notify air agencies ``whose 
lands may be affected by emissions'' from each new or modified major 
source if such emissions may significantly contribute to levels of 
pollution in excess of a NAAQS in any air quality control region 
outside of South Carolina. Additionally, South Carolina does not have 
any pending obligation under section 115 and 126 of the CAA.
    EPA has made the preliminary determination that Alabama's and South 
Carolina's SIPs and practices are adequate for ensuring compliance with 
the applicable requirements relating to interstate and international 
pollution abatement for the 2015 8-hour ozone NAAQS.
    6. 110(a)(2)(E) Adequate Resources and Authority, Conflict of 
Interest, and Oversight of Local Governments and Regional Agencies: 
Section 110(a)(2)(E) requires that each implementation plan provide: 
(i) Necessary assurances that the state will have adequate personnel, 
funding, and authority under state law to carry out its implementation 
plan, (ii) that the state comply with the requirements respecting state 
boards pursuant to section 128 of the Act, and (iii) necessary 
assurances that, where the state has relied on a local or regional 
government, agency, or instrumentality for the implementation of any 
plan provision, the state has responsibility for ensuring adequate 
implementation of such plan provisions. EPA's rationale respecting each 
sub-element for which EPA is proposing action in this rulemaking is 
described below.

Alabama

    In support of sub-elements 110(a)(2)(E)(i) and (iii), the ADEM SIP 
submission cites to Ala. Code section 22-28-11, which authorizes ADEM 
to adopt emission requirements through regulations, and section 22-28-
9, which authorizes ADEM to employ necessary staff to carry out its 
responsibilities. As evidence of the adequacy of ADEM's resources with 
respect to sub-elements (i) and (iii), EPA submitted a letter to 
Alabama on March 25, 2019, outlining 105 grant commitments and current 
status of these commitments for fiscal year 2018. The letter EPA 
submitted to Alabama can be accessed at www.regulations.gov using 
Docket ID No. EPA-R04-OAR-2019-0014.

[[Page 65056]]

Annually, states update these grant commitments based on current SIP 
requirements, air quality planning, and applicable requirements related 
to the NAAQS. There were no outstanding issues in relation to the SIP 
for fiscal year 2018, therefore, Alabama's grants were finalized and 
closed out. Alabama's funding is also met through the State's title V 
fee program at ADEM Admin. Code r. 335-1-7--Air Division Operating 
Permit Fees \12\ and ADEM Admin. Code r. 335-1-6--Application Fees.\13\ 
For 110(a)(2)(E)(iii), requirements dictating the roles of local or 
regional governments are derived from Ala. Code section 22-28-23, which 
do not allow local programs to be less strict than the Alabama SIP and 
allows for oversight from the Alabama Environmental Commission.
---------------------------------------------------------------------------

    \12\ Title V program regulations are federally-approved but not 
incorporated into the federally-approved SIP.
    \13\ This regulation has not been incorporated into the 
federally-approved SIP.
---------------------------------------------------------------------------

    Section 110(a)(2)(E)(ii) requires that the state comply with 
section 128 of the CAA. Section 128 requires that the SIP contain 
requirements providing that: (a)(1) The majority of members of the 
state board or body which approves permits or enforcement orders 
represent the public interest and do not derive any significant portion 
of their income from persons subject to permitting or enforcement 
orders under the CAA; and (a)(2) any potential conflicts of interest by 
such board or body, or the head of an executive agency with similar 
powers be adequately disclosed. Alabama's infrastructure SIP submission 
cites to the following SIP-approved provisions: ADEM Admin. Code r. 
335-1-1.03, ``Organization and Duties of the Commission'', 335-1-1.04, 
``Organization of the department''. These regulations mandate that 
members of the Alabama Environmental Management Commission (EMC), and 
the ADEM Director, Deputy Director, Division Chiefs, and all ADEM 
personnel meet all requirements of the state ethics law and the 
conflict of interest provisions of applicable Federal laws. ADEM and 
the EMC are the entities that have the authority to issue and approve 
CAA permits and enforcement orders. The ADEM Air Director has the 
authority to approve permits and enforcement orders for Alabama. In the 
case of appeal, permits and enforcement orders are sent to the EMC and 
the EMC has final approval authority.

South Carolina

    In support of sub-elements 110(a)(2)(E)(i) and (iii), South 
Carolina's infrastructure SIP submission cites to several provisions. 
S.C. Code Ann. Section 48, Title 1, as referenced in South Carolina's 
infrastructure SIP submission, provides the SC DHEC's general legal 
authority to establish a SIP and implement related plans. S.C. Code 
Ann. Section 48-1-50(12) grants SC DHEC the statutory authority to 
``[a]ccept, receive and administer grants or other funds or gifts for 
the purpose of carrying out any of the purposes of this chapter; [and 
to] accept, receive and receipt for federal money given by the Federal 
government under any Federal law to the State of South Carolina for air 
or water control activities, surveys or programs.'' S.C. Code Ann. 
Section 48, Title 2 grants SC DHEC statutory authority to establish 
environmental protection funds, which provide resources for SC DHEC to 
carry out its obligations under the CAA. Specifically, in Regulation 
61-30, Environmental Protection Fees, SC DHEC established fees for 
sources subject to air permitting programs. SC DHEC notes that it 
implements the SIP in accordance with the provisions of S.C. Code Ann 
Sec.  1-23-40 (the Administrative Procedures Act) and S.C. Code Ann. 
Section 48, Title 1. For Section 110(a)(2)(E)(iii), the submission 
states that South Carolina does not rely on localities for implementing 
any portion of the CAA.
    As evidence of the adequacy of SC DHEC's resources with respect to 
sub-elements (i) and (iii), EPA submitted a letter to South Carolina on 
May 2, 2019, outlining 105 grant commitments and the current status of 
these commitments for fiscal year 2018. The letter EPA submitted to 
South Carolina can be accessed at www.regulations.gov using Docket ID 
No. EPA-R04-OAR-2019-0014. Annually, states update these grant 
commitments based on current SIP requirements, air quality planning, 
and applicable requirements related to the NAAQS. There were no 
outstanding issues in relation to the SIP for fiscal year 2018, 
therefore, SC DHEC's grants were finalized and closed out.
    With respect to 110(a)(2)(E)(ii),\14\ South Carolina satisfies the 
requirements of CAA section 128(a)(1) for the South Carolina Board of 
Health and Environmental Control, which is the ``board or body which 
approves permits and enforcement orders'' under the CAA in South 
Carolina, through S.C. Code Ann. Sections 8-13-100, 8-13-700(A) and 
(B), and 8-13-730. S.C. Code Ann. Section 8-13-730 provides that 
``[u]nless otherwise provided by law, no person may serve as a member 
of a governmental regulatory agency that regulates business with which 
that person is associated,'' and S.C. Code Ann. Section 8-13-700(A) 
which provides in part that ``[n]o public official, public member, or 
public employee may knowingly use his official office, membership, or 
employment to obtain an economic interest for himself, a member of his 
immediate family, an individual with whom he is associated, or a 
business with which he is associated.'' S.C. Code Ann. Section 8-13-
700(B)(1)-(5) provides for disclosure of any conflicts of interest by a 
public official, public member or public employee. These State statutes 
have been approved into the South Carolina SIP as required by CAA 
section 128 and meet the requirement of CAA Section 128(a)(1) 
concerning boards and bodies representing the public interest and not 
deriving significant income from regulated entities; and 128(2) 
concerning adequate disclosure of potential conflicts of interest.
---------------------------------------------------------------------------

    \14\ See the description of the section 128 requirements 
provided above regarding for the Alabama submission.
---------------------------------------------------------------------------

    EPA has made the preliminary determination that Alabama's and South 
Carolina's SIPs have adequately addressed the requirements of section 
128(a), and accordingly have met the requirements of section 
110(a)(2)(E)(ii) with respect to infrastructure SIP requirements. EPA 
is proposing to approve Alabama's and South Carolina's, infrastructure 
SIP submissions as meeting the requirements of sub-elements 
110(a)(2)(E)(i), (ii) and (iii).
    7. 110(a)(2)(F) Stationary Source Monitoring and Reporting: Section 
110(a)(2)(F) requires SIPs to meet applicable requirements addressing: 
(i) The installation, maintenance, and replacement of equipment, and 
the implementation of other necessary steps, by owners or operators of 
stationary sources to monitor emissions from such sources, (ii) 
periodic reports on the nature and amounts of emissions and emissions 
related data from such sources, and
    (iii) correlation of such reports by the state agency with any 
emission limitations or standards established pursuant to this section, 
which reports shall be available at reasonable times for public 
inspection. EPA's rules regarding how SIPs need to address source 
monitoring requirements at 40 CFR 51.212 require SIPs to exclude any 
provision that would prevent the use of credible evidence of 
noncompliance.
    Additionally, States are required to submit emissions data to EPA 
for purposes of the National Emissions Inventory (NEI), pursuant to 
Subpart A

[[Page 65057]]

to 40 CFR part 51--``Air Emissions Reporting Requirements.'' The NEI is 
EPA's central repository for air emissions data. All states are 
required to submit a comprehensive emission inventory every three years 
and report emissions for certain larger sources annually through EPA's 
online Emissions Inventory System. States report emissions data for the 
six criteria pollutants and the precursors that form them--nitrogen 
oxides, sulfur dioxides, ammonia, lead, carbon monoxide, particulate 
matter, and volatile organic compounds. Many states also voluntarily 
report emissions of hazardous air pollutants.

Alabama

    Alabama's infrastructure SIP submission cites to ADEM Admin. Code 
r. 335-3-1-.04--Monitoring, Records, and Reporting, 335-3-12--
Continuous Monitoring Requirements for Existing Source, and ADEM Admin. 
Code r. 335-3-1-.13--Credible Evidence for this requirement. ADEM 
Admin. Code r. 335-3-1-.04--Monitoring, Records, and Reporting, 
authorizes the Director of ADEM to require sources to install, use and 
maintain monitoring equipment and submit emissions monitoring reports 
as prescribed by the Director. Pursuant to this regulation, these 
sources collect air monitoring data, quality assure the results, and 
report the data as prescribed by the Director. ADEM Admin. Code r. 335-
3-12--Continuous Monitoring Requirements for Existing Sources requires 
certain existing sources to continuously monitor emissions of specified 
pollutants. Additionally, ADEM Admin. Code r. 335-3-12-.02 requires 
owners and operators of emissions sources to ``install, calibrate, 
operate and maintain all monitoring equipment necessary for 
continuously monitoring the pollutants.'' \15\ ADEM Admin. Code r. 335-
3-1-.13--Credible Evidence, makes allowances for owners and/or 
operators to utilize ``any credible evidence or information relevant'' 
to demonstrate compliance with applicable requirements if the 
appropriate performance or compliance test had been performed, for the 
purpose of submitting compliance certification and can be used to 
establish whether or not an owner or operator has violated or is in 
violation of any rule or standard. Accordingly, EPA is unaware of any 
provision preventing the use of credible evidence in the Alabama SIP.
---------------------------------------------------------------------------

    \15\ ADEM Admin. Code r. 335-3-12-.02 establishes that data 
reporting requirements for sources required to conduct continuous 
monitoring in the state should comply with data reporting 
requirements set forth at 40 CFR part 51, Appendix P.
---------------------------------------------------------------------------

    Alabama's most recently published triennial compiled emissions 
information is available as part of the 2014 NEI. EPA compiles the 
emissions data, supplementing it where necessary, and releases it to 
the public through the website: https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.

South Carolina

    The South Carolina submissions cites to SIP-approved Regulation 61-
62.1, Definitions and General Requirements, Section III, Emission 
Inventory which provides for emission inventories and other emission 
monitoring and reporting requirements for stationary sources. 
Specifically, this regulation provides an emission inventory plan that 
establishes reporting requirements for various pollutants from 
permitted facilities on annual or three-year cycles, depending on 
emission levels and nonattainment area status. Further, S.C. Code Ann. 
Sec.  48-1-22 provides the Department with the necessary authority to 
``Require the owner of operator of any source or disposal system to 
establish and maintain such operational records; make reports; install, 
use and maintain monitoring equipment or methods; samples and analyze 
emissions or discharges in accordance with prescribed methods, at 
locations, intervals, and procedures as the Department shall prescribe; 
and provide such other information as the Department reasonably may 
require.'' Finally, R. 61-62.1, Section V, Credible Evidence, specifies 
that non-reference test data and other information already available 
and utilized for other purposes may be used to demonstrate compliance 
or noncompliance with emission standards. Accordingly, EPA is unaware 
of any provision preventing the use of credible evidence in the South 
Carolina SIP.
    South Carolina's most recently published triennial compiled 
emissions information is available as part of the 2014 NEI. EPA 
compiles the emissions data, supplementing it where necessary, and 
releases it to the public through the website: https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.
    EPA has made the preliminary determination that Alabama's and South 
Carolina's SIP and practices are adequate for the stationary source 
monitoring systems related to the 2015 8-hour ozone NAAQS. Accordingly, 
EPA is proposing to approve Alabama's and South Carolina's 
infrastructure SIP submission with respect to section 110(a)(2)(F).
    8. 110(a)(2)(G) Emergency Powers: This section requires that states 
demonstrate authority comparable with section 303 of the CAA and 
adequate contingency plans to implement such authority.

Alabama

    Alabama's infrastructure SIP submission cites Ala. Code sections 
22-28-22, 22-28-14 and 22-28-21, which gives ADEM authority to adopt 
regulations for the purpose of protecting human health, welfare and the 
environment as required by section 303 of the CAA. ADEM Admin. Code r. 
335-3-2--Air Pollution Emergency, provides for the identification of 
air pollution emergency episodes, episode criteria, and emissions 
reduction plans. Alabama's compliance with section 303 of the CAA and 
adequate contingency plans to implement such authority is also met by 
Ala. Code section 22-28-21 Air Pollution Emergencies. Ala. Code Section 
22-28-21 provides ADEM the authority to order the ``person or persons 
responsible for the operation or operations of one or more air 
contaminants sources'' causing ``imminent danger to human health or 
safety in question to reduce or discontinue emissions immediately.'' 
The order triggers a hearing no later than 24-hours after issuance 
before the Environmental Management Commission which can affirm, modify 
or set aside the Director's order. Additionally, the Governor can, by 
proclamation, declare, as to all or any part of said area, that an air 
pollution emergency exists and exercise certain powers in whole or in 
part, by the issuance of an order or orders to protect the public 
health. Under Ala. Code sections 22-28-3(a) and 22-28-10(2), ADEM also 
has the authority to issue such orders as may be necessary to 
effectuate the purposes of the Alabama Pollution Control Act, which 
includes achieving and maintaining such levels of air quality as will 
protect human health and safety and, to the greatest degree 
practicable, prevent injury to plant and animal life and property, 
foster the comfort and convenience of the people, promote the social 
development of this state and facilitate the enjoyment of the natural 
attractions of the state.

South Carolina

    South Carolina's infrastructure SIP submission cites Regulation 61-
62.3, Air Pollution Episodes, which provides for contingency measures 
when an air pollution episode or exceedance may

[[Page 65058]]

lead to a substantial threat to the health of persons in the state or 
region. S.C. Code Ann. Section 48-1-290 provides SC DHEC, with 
concurrent notice to the Governor, the authority to issue an order 
recognizing the existence of an emergency requiring immediate action as 
deemed necessary by SC DHEC to protect the public health or property. 
Any person subject to this order is required to comply immediately. 
Additionally, S.C. Code Ann. Section 1-23-130 provides SC DHEC with the 
authority to establish emergency regulations to address an imminent 
peril to public health, or welfare, and authorizes emergency 
regulations to protect natural resources if any natural resource 
related agency in the State finds that abnormal or unusual conditions, 
immediate need, or the State's best interest require such emergency 
action.
    EPA has made the preliminary determination that Alabama's and South 
Carolina's SIPs state laws are adequate for emergency powers related to 
the 2015 8-hour ozone NAAQS. Accordingly, EPA is proposing to approve 
Alabama's and South Carolina's infrastructure SIP submission with 
respect to section 110(a)(2)(G).
    9. 110(a)(2)(H) SIP Revisions: Section 110(a)(2)(H), in summary, 
requires each SIP to provide for revisions of such plan: (i) As may be 
necessary to take account of revisions of such national primary or 
secondary ambient air quality standard or the availability of improved 
or more expeditious methods of attaining such standard, and (ii) 
whenever the Administrator finds that the plan is substantially 
inadequate to attain the NAAQS or to otherwise comply with any 
additional applicable requirements.

Alabama

    As previously discussed, ADEM is responsible for adopting air 
quality rules and revising SIPs as needed to attain or maintain the 
NAAQS. Alabama has the ability and authority to respond to calls for 
SIP revisions and has provided a number of SIP revisions over the years 
for implementation of the NAAQS. ADEM Admin. Code r. 335-1-1-.03--
Organization and Duties of the Commission,\16\ provides the Alabama 
Environmental Management Commission with the authority to establish, 
adopt, promulgate, modify, repeal and suspend rules, regulations, or 
environmental standards which may be applicable to Alabama or ``any of 
its geographic parts.'' Admin. Code r. 335-3-1-.03--Ambient Air Quality 
Standards, incorporates NAAQS, as amended or revised, and provides that 
the NAAQS apply throughout the State.
---------------------------------------------------------------------------

    \16\ This regulation has not been incorporated into the 
federally-approved SIP.
---------------------------------------------------------------------------

South Carolina

    SC DHEC is responsible for adopting air quality rules and revising 
SIPs as needed to attain or maintain the NAAQS in South Carolina. The 
State has the ability and authority to respond to calls for SIP 
revisions and has provided a number of SIP revisions over the years for 
implementation of the NAAQS. S.C. Code Ann. Section 48, Title 1, 
provides SC DHEC with the necessary authority to revise the SIP to 
accommodate changes in the NAAQS and thus revise the SIP as 
appropriate.
    EPA has made the preliminary determination that Alabama's and South 
Carolina's SIP submissions, adequately provide for future SIP revisions 
related to the 2015 8-hour ozone NAAQS when necessary. Accordingly, EPA 
is proposing to approve Alabama's, and South Carolina's infrastructure 
SIP submission with respect to section 110(a)(2)(H).
    10. 110(a)(2)(J) Consultation with government officials, public 
notification, and PSD and visibility protection: EPA is proposing to 
approve Alabama's, and South Carolina's infrastructure SIP for the 2015 
8-hour ozone NAAQS with respect to the general requirement in section 
110(a)(2)(J) to include a program in the SIP that complies with the 
applicable consultation requirements of section 121, the public 
notification requirements of section 127 and PSD.
    With regard to the PSD element of section 110(a)(2)(J), this 
requirement is met by a state's confirmation in an infrastructure SIP 
submission that the state has a SIP-approved PSD program meeting all 
the current requirements of part C of title I of the CAA for all NSR 
regulated pollutants. As discussed in more detail above under the 
section discussing 110(a)(2)(C), the Alabama and South Carolina SIPs 
contain provisions for the State's PSD programs that reflect current 
PSD requirements to satisfy the PSD element of section 110(a)(2)(J).
    With regard to the visibility protection element of section 
110(a)(2)(J), EPA's 2013 Guidance notes that it does not treat the 
visibility protection aspects of section 110(a)(2)(J) as applicable for 
purposes of the infrastructure SIP approval process. EPA recognizes 
that states are subject to visibility protection and regional haze 
program requirements under part C of the Act (which includes sections 
169A and 169B). However, there are no newly applicable visibility 
protection obligations after the promulgation of a new or revised 
NAAQS. Thus, EPA has determined that states do not need to address the 
visibility component of 110(a)(2)(J) in infrastructure SIP submittals. 
As such, Alabama's and South Carolina's infrastructure SIP submissions 
related to the 2015 8-hour ozone NAAQS do not address the visibility 
protection element of section 110(a)(2)(J).
    With regard to consultation, Section 110(a)(2)(J) of the CAA 
requires states to provide a process for consultation with local 
governments, designated organizations and Federal Land Managers (FLMs) 
carrying out NAAQS implementation requirements pursuant to section 121 
relative to consultation. EPA's rationale for the consultation and 
public notice sub-elements for Alabama and South Carolina are described 
below.
    Alabama Consultation with government officials (121 consultation): 
ADEM Admin. Code r. 335-3-1-.03--Ambient Air Quality Standards, as well 
as its Regional Haze Implementation Plan (which allows for continued 
consultation with appropriate state, local, and tribal air pollution 
control agencies as well as the corresponding FLMs), provide for 
consultation with government officials whose jurisdictions might be 
affected by SIP development activities. In addition, Alabama adopted 
state-wide consultation procedures for the implementation of 
transportation conformity which includes the development of mobile 
inventories for SIP development. Required partners covered by Alabama's 
consultation procedures include federal, state and local transportation 
and air quality agency officials.
    Public notification (127 public notification): ADEM Admin. Code r. 
335-3-14-.01(7)--Public Participation, and 335-3-14-.05(13)--Public 
Participation, and Ala. Code section 22-28-21--Air Pollution 
Emergencies, provide for public notification when air pollution 
episodes occur. Furthermore, ADEM has several public notice mechanisms 
in place to notify the public of ozone forecasting. Alabama maintains a 
public website on which daily air quality index forecasts are posted 
for the Birmingham, Huntsville, and Mobile areas. This website can be 
accessed at: http://adem.alabama.gov/programs/air/airquality.cnt.

South Carolina

    Consultation with government officials (121 consultation): South 
Carolina's Regulation 61-62.5, Standard No. 7, Prevention of 
Significant Deterioration, as well as the State's

[[Page 65059]]

Regional Haze Implementation Plan (which allows for consultation 
between appropriate state, local, and tribal air pollution control 
agencies as well as the corresponding FLM), provide for consultation 
with government officials whose jurisdictions might be affected by SIP 
development activities. South Carolina has SIP-approved state-wide 
consultation procedures for the implementation of transportation 
conformity. Implementation of transportation conformity as outlined in 
the consultation procedures requires SC DHEC to consult with federal, 
state and local transportation and air quality agency officials on the 
development of motor vehicle emissions budgets. Additionally, S.C. Code 
Section 48-1-50(8) provides SC DHEC with the necessary authority to 
``Cooperate with the governments of the United States or other states 
or state agencies or organizations, official or unofficial, in respect 
to pollution control matters or for the formulation of interstate 
pollution control compacts or agreements.''
    Public notification (127 public notification): Regulation 61-62.3, 
Air Pollution Episodes, requires that SC DHEC notify the public of any 
air pollution episode or NAAQS violation. S.C. Code Ann. Sec.  48-1-60 
establishes that ``Classification and standards of quality and purity 
of the environment [are] authorized after notice and hearing.'' 
Additionally, Regulation 61-62.5, Standard 7.1(q), Public 
Participation, notifies the public by advertisement in a newspaper of 
general circulation in each region in which a proposed plant or 
modifications will be constructed of the degree of increment 
consumption that is expected from the plant or modification, and the 
opportunity for comment at a public hearing as well as the opportunity 
to provide written public comment. An opportunity for a public hearing 
for interested persons to appear and submit written or oral comments on 
the air quality impact of the plant or modification, alternatives to 
the plant or modification, the control technology required, and other 
appropriate considerations is also offered.
    EPA also notes that SC DHEC maintains a website that provides the 
public with notice of ozone NAAQS exceedances, measures the public can 
take to help prevent such exceedances, and the ways in which the public 
can participate in the regulatory process. See  https://www.scdhec.gov/environment/your-air/most-common-air-pollutants/ozone-forecast.
    EPA has made the preliminary determination that Alabama's and South 
Carolina's SIPs and practices adequately demonstrate that the States 
meets applicable requirements related to consultation with government 
officials, ability to provide public notification, and PSD of section 
110(a)(2)(J) for the 2015 8-hour ozone NAAQS. Thus, EPA is proposing to 
approve Alabama's, and South Carolina's infrastructure SIP for the 2015 
8-hour ozone NAAQS with respect to the general requirement in section 
110(a)(2)(J).
    11. 110(a)(2)(K) Air Quality Modeling and Submission of Modeling 
Data: Section 110(a)(2)(K) of the CAA requires that SIPs provide for 
performing air quality modeling so that effects on air quality of 
emissions from NAAQS pollutants can be predicted and submission of such 
data to EPA can be made.

Alabama

    ADEM Admin. Code r. 335-3-14-.04--Prevention of Significant 
Deterioration Permitting, specifically sub-paragraph (11)--Air Quality 
Models, specifies that required air modeling be conducted in accordance 
with the applicable EPA air quality models specified in the ``Guideline 
on Air Quality Models.'' ADEM Admin. Code r. 335-3-1-.04--Monitoring, 
Records, and Reporting details how sources are required as appropriate 
to establish and maintain records; make reports; install, use, and 
maintain such monitoring equipment or methods; and provide periodic 
emission reports as the regulation requires. These reports and records 
are required to be compiled and submitted to the State. These 
regulations also demonstrate that Alabama has the authority to provide 
relevant data for the purpose of predicting the effect on ambient air 
quality of the 2015 8-hour ozone NAAQS.
    Additionally, Alabama participates in a regional effort to 
coordinate the development of emissions inventories and conduct 
regional modeling for several NAAQS, including the 2015 8-hour ozone 
NAAQS, for the southeastern states. Taken as a whole, Alabama's air 
quality regulations and practices demonstrate that ADEM has the 
authority to provide relevant data for the purpose of predicting the 
effect on ambient air quality of any emissions of any pollutant for 
which a NAAQS has been promulgated, and to provide such information to 
EPA Administrator upon request.

South Carolina

    South Carolina's Regulations 61-62.5, Standard No. 2, Ambient Air 
Quality Standards, and Regulation 61-62.5, Standard No. 7, Prevention 
of Significant Deterioration, of the South Carolina SIP specify that 
required air modeling be conducted in accordance with 40 CFR part 51, 
Appendix W, Guideline on Air Quality Models. Also, S.C. Code Ann. Sec.  
48-1-50(14) provides SC DHEC with the necessary authority to ``Collect 
and disseminate information on air and water control.''
    Additionally, South Carolina participates in a regional effort to 
coordinate the development of emissions inventories and conduct 
regional modeling for several NAAQS, including the 2015 8-hour ozone 
NAAQS, for the southeastern states. Taken as a whole, South Carolina's 
air quality regulations and practices demonstrate that SC DHEC has the 
authority to provide relevant data for the purpose of predicting the 
effect on ambient air quality of any emissions of any pollutant for 
which a NAAQS had been promulgated, and to provide such information to 
EPA Administrator upon request.
    EPA has made the preliminary determination that Alabama's and South 
Carolina's SIP and practices adequately demonstrate the State's ability 
to provide for air quality modeling, along with analysis of the 
associated data, related to the 2015 8-hour ozone NAAQS. Accordingly, 
EPA is proposing to approve Alabama's and South Carolina's 
infrastructure SIP submissions with respect to section 110(a)(2)(K).
    12. 110(a)(2)(L) Permitting Fees: This section requires the owner 
or operator of each major stationary source to pay to the permitting 
authority, as a condition of any permit required under the CAA, a fee 
sufficient to cover: (i) The reasonable costs of reviewing and acting 
upon any application for such a permit, and (ii) if the owner or 
operator receives a permit for such source, the reasonable costs of 
implementing and enforcing the terms and conditions of any such permit 
(not including any court costs or other costs associated with any 
enforcement action), until such fee requirement is superseded with 
respect to such sources by the Administrator's approval of a fee 
program under title V.

Alabama

    ADEM Admin. Code r. 335-1-6--Application Fees \17\ requires ADEM to 
charge permit-specific fees to the applicant/source as authorized by 
Ala. Code section 22-22A-5. ADEM relies on these State requirements to 
demonstrate that its permitting fee structure is

[[Page 65060]]

sufficient for the reasonable cost of reviewing and acting upon PSD and 
NNSR permits. Additionally, Alabama has a fully-approved title V 
operating permit program--ADEM Admin. Code r. 335-1-7--Air Division 
Operating Permit Fees \18\--that covers the cost of implementation and 
enforcement of PSD and NNSR permits after they have been issued.
---------------------------------------------------------------------------

    \17\ This regulation has not been incorporated into the 
federally-approved SIP.
    \18\ Title V program regulations are federally approved but not 
incorporated into the federally-approved SIP.
---------------------------------------------------------------------------

South Carolina

    S.C. Code Ann. Section 48-2-50 prescribes that SC DHEC charge fees 
for environmental programs it administers pursuant to federal and State 
law and regulations including those that govern the costs to review, 
implement and enforce PSD and NNSR permits. Regulation 61-30, 
Environmental Protection Fees \19\ prescribes fees applicable to 
applicants and holders of permits, licenses, certificates, 
certifications, and registrations, establishes procedures for the 
payment of fees, provides for the assessment of penalties for 
nonpayment, and establishes an appeal process for refuting fees. 
Additionally, South Carolina has a federally-approved title V program, 
Regulation 61-62.70, Title V Operating Permit Program,\20\ which 
assesses fees to provide for the implementation and enforcement of the 
requirements of PSD and NNSR for facilities once they begin operating.
---------------------------------------------------------------------------

    \19\ This regulation has not been incorporated into the 
federally-approved SIP.
    \20\ Title V program regulations are federally-approved but not 
incorporated into the federally-approved SIP.
---------------------------------------------------------------------------

    EPA has made the preliminary determination that Alabama's and South 
Carolina's state rules and practices adequately provide for permitting 
fees related to the 2015 8-hour ozone NAAQS, when necessary. 
Accordingly, EPA is proposing to approve Alabama's and South Carolina's 
infrastructure SIP submissions with respect to section 110(a)(2)(L).
    13. 110(a)(2)(M) Consultation and Participation by Affected Local 
Entities: Section 110(a)(2)(M) of the Act requires states to provide 
for consultation and participation in SIP development by local 
political subdivisions affected by the SIP.

Alabama

    ADEM coordinates with local governments affected by the SIP. ADEM 
Administrative Code 335-3-17-.01--Transportation Conformity is one way 
that Alabama provides for consultation with affected local entities. 
More specifically, Alabama adopted state-wide consultation procedures 
for the implementation of transportation conformity which includes the 
development of mobile inventories for SIP development and the 
requirements that link transportation planning and air quality planning 
in nonattainment and maintenance areas. Required partners covered by 
Alabama's consultation procedures include federal, state and local 
transportation and air quality agency officials. Furthermore, ADEM has 
worked with the Federal Land Managers as a requirement of the regional 
haze rule.

South Carolina

    South Carolina's Regulation 61-62.5, Standard No. 7, Prevention of 
Significant Deterioration, of the South Carolina SIP requires that SC 
DHEC notify the public, which includes local entities, of an 
application, preliminary determination, the activity or activities 
involved in the permit action, any emissions change associated with any 
permit modification, and the opportunity for comment prior to making a 
final permitting decision. Also, as noted above, S.C. Code Ann. Section 
48-1-50(8) allows SC DHEC to ``Cooperate with the governments of the 
United States or other states or state agencies or organizations, 
officials, or unofficial, in respect to pollution control matters or 
for the formulation of interstate pollution control compacts or 
agreements.'' By way of example, SC DHEC has worked closely with local 
political subdivisions during the development of its Transportation 
Conformity SIP and Regional Haze Implementation Plan.
    EPA has made the preliminary determination that Alabama's and South 
Carolina's SIP and practices adequately demonstrate consultation with 
affected local entities related to the 2015 8-hour ozone NAAQS when 
necessary.

V. Proposed Action

    With the exception of interstate transport provisions pertaining to 
contribution to nonattainment or interference with maintenance in other 
states of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA is proposing 
to approve Alabama's and South Carolina's August 20, 2018 and September 
7, 2018, SIP submissions for the 2015 8-hour ozone NAAQS for the above 
described infrastructure SIP requirements, respectively. EPA is 
proposing to approve Alabama's and South Carolina's infrastructure SIP 
submissions for the 2015 8-hour ozone NAAQS because the submissions are 
consistent with section 110 of the CAA.

VI. 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. These actions merely 
propose to approve state law as meeting Federal requirements and do not 
impose additional requirements beyond those imposed by state law. For 
that reason, these proposed actions:
     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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals are exempted under 
Executive Order 12866;
     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 an 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).
    The Alabama SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a

[[Page 65061]]

tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    Because this SIP action merely proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law, this proposed SIP 
action for the State of South Carolina does not have Tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000). Therefore, this action will not impose substantial 
direct costs on Tribal governments or preempt Tribal law. The Catawba 
Indian Nation (CIN) Reservation is located within the boundary of York 
County, South Carolina. Pursuant to the Catawba Indian Claims 
Settlement Act, S.C. Code Ann. 27-16-120 (Settlement Act), ``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.'' The CIN also 
retains authority to impose regulations applying higher environmental 
standards to the Reservation than those imposed by state law or local 
governing bodies, in accordance with the Settlement Act.

List of Subjects in 40 CFR Part 52

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

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

    Dated: November 13, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-25577 Filed 11-25-19; 8:45 am]
BILLING CODE 6560-50-P