Approval and Promulgation of Air Quality Implementation Plans; South Carolina and Georgia; Attainment Demonstration for the Appalachian, Catawba, Pee Dee, Waccamaw, Santee Lynches, Berkeley-Charleston-Dorchester, Low Country, Lower Savannah, Central Midlands, and Upper Savannah Early Action Compact Areas, 30396-30405 [05-10475]
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30396
Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Proposed Rules
EAC Program. In a separate action, EPA
will take action proposing to defer the
effective date of nonattainment
designation for these areas until
December 31, 2006, so long as the areas
continue to fulfill the EAC obligations,
including semi-annual reporting
requirements, implementation of the
measures in the EAC submittal by
December 31, 2005, and a progress
assessment by June 30, 2006.
X. Proposed Action
EPA is proposing to approve the
attainment demonstration and the
Mountain area, Unifour area, Triad area
and Fayetteville area EACs and
incorporate these into the North
Carolina SIP. The modeling of ozone
and ozone precursor emissions from
sources in the four North Carolina EAC
areas demonstrate that the specified
control strategies will provide for
attainment of the 8-hour ozone NAAQS
by December 31, 2007. These specified
control strategies are consistent with the
EAC program.
XI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This proposed action merely
proposes to approve State law as
meeting Federal requirements and
imposes no additional requirements
beyond those imposed by State law.
Accordingly, the Administrator certifies
that this proposed rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this rule
proposes to approve pre-existing
requirements under State law and does
not impose any additional enforceable
duty beyond that required by State law,
it 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).
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
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(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to approve a state rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state actions, provided
that they meet the criteria of the Clean
Air Act. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This proposed
rule does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2005.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05–10473 Filed 5–25–05; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R04–OAR–2005–SC–0001, R04–OAR–2005–
GA–0001–200516; FRL–7917–9]
Approval and Promulgation of Air
Quality Implementation Plans; South
Carolina and Georgia; Attainment
Demonstration for the Appalachian,
Catawba, Pee Dee, Waccamaw, Santee
Lynches, Berkeley-CharlestonDorchester, Low Country, Lower
Savannah, Central Midlands, and
Upper Savannah Early Action Compact
Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The EPA is proposing to
approve revisions to the State
Implementation Plans (SIPs) submitted
by the South Carolina Department of
Health and Environmental Control (SC
DHEC) and Georgia Environmental
Protection Division (EPD) on December
31, 2004. These revisions are submitted
pursuant to the Early Action Compact
(EAC) Protocol 1 and will result in
emission reductions needed to attain
and maintain the 8-hour ozone National
Ambient Air Quality Standard (NAAQS)
in the Appalachian, Catawba, Pee Dee,
Waccamaw, Santee Lynches, BerkeleyCharleston-Dorchester, Low Country,
Lower Savannah, Central Midlands, and
Upper Savannah EAC areas. Only the
Lower Savannah EAC area has counties
in both South Carolina and Georgia; for
the purposes of this document,
however, the above described EAC areas
will be collectively referred to as the
‘‘South Carolina—Georgia EAC Areas.’’
EPA is proposing approval of the
photochemical modeling used by South
Carolina and Georgia to support the
attainment demonstration of the 8-hour
ozone standard within these areas. The
proposed revisions further incorporate
the local control measures in the South
Carolina—Georgia EAC Areas, a new
regulation, 61–62.5 Standard No. 5.2,
Control of Oxides of Nitrogen (NOX) and
revisions to Regulation 61–62.2,
Prohibition of Open Burning.
DATES: Comments must be received on
or before June 27, 2005.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID No. R04–OAR–2005–
BILLING CODE 6560–50–P
PO 00000
1 The EAC Protocol can be found at https://
www.epa.gov/air/eac/ and in Regional Materials in
Edocket (RME) ID No. R04–OAR–2005–SC–0001 or
R04–OAR–2005–GA–0001 (see the ADDRESSES
section of this notice for further information on
RME).
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Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Proposed Rules
SC–0001 for any comments regarding
the South Carolina submittal or ID No.
R04–OAR–2005–GA–0001 for any
comments regarding the Georgia
submittal, by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/ RME, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: ward.nacosta@epa.gov.
4. Fax: 404–562–9019.
5. Mail: ‘‘R04–OAR–2005–SC–0001’’
or ‘‘R04–OAR–2005–GA–0001’’,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
6. Hand Delivery or Courier: Deliver
your comments to: Nacosta C. Ward,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, 12th
floor, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
RME ID No. R04–OAR–2005–SC–0001.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and
the federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
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included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the RME
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., CBI 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 in RME or
in hard copy at the Regulatory
Development Section, Air Planning
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 contact 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:
Nacosta C. Ward, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9140.
Ms. Ward can also be reached via
electronic mail at
ward.nacosta@epa.gov
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘our,’’ and ‘‘us’’ is used, we mean
EPA.
Outline
I. What action are we proposing?
II. What is a SIP?
III. What is ozone and the purpose of the 8hour ozone standard?
IV. What is an EAC?
V. What are the South Carolina-Georgia EAC
Areas and their respective 8-hour ozone
designations?
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30397
VI. How is attainment demonstrated for the
8-hour standard with a photochemical
model?
VII. What measures are included in this EAC
SIP submittal?
VIII. What happens if the area does not meet
the EAC commitments or milestones?
IX. Why are we proposing to approve this
EAC SIP submittal?
X. Proposed Action
XI. Statutory and Executive Order Reviews
I. What Action Are We Proposing?
Today we are proposing to approve
revisions to the South Carolina and
Georgia SIPs under sections 110 and 116
of the Clean Air Act (‘‘CAA’’ or ‘‘the
Act’’). These revisions demonstrate
attainment and maintenance of the 8hour ozone standard, 0.08 parts per
million (ppm),2 within the Appalachian,
Catawba, Pee Dee, Waccamaw, Santee
Lynches, Berkeley-CharlestonDorchester, Low Country, Lower
Savannah, Central Midlands, and Upper
Savannah EAC areas (collectively
referred to as the South CarolinaGeorgia EAC Areas) by 2007, and
incorporate the control measures
developed by these EACs into the South
Carolina and Georgia SIPs. The South
Carolina-Georgia EACs are agreements
between the states, local governments,
and EPA. The intent of these agreements
is to reduce ozone pollution and thereby
attain and maintain the 8-hour ozone
standard by 2007, sooner than required
by CAA for areas designated
nonattainment. Section VII of this
proposal describes the control measures
that will be implemented within the
South Carolina-Georgia EAC Areas.
II. What Is a SIP?
The ‘‘SIP’’ is the State Implementation
Plan required by section 110 of the CAA
and its implementing regulations. In
essence, the SIP is a set of air pollution
regulations, control strategies, and
technical analyses developed by the
state, to ensure that the state meets the
National Ambient Air Quality Standards
(NAAQS). Once included in the SIP,
these regulations, strategies, and
analyses are federally enforceable by
EPA. The NAAQS are established under
section 109 of the Act and they
currently address six criteria pollutants:
carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. These SIPs can be
extensive, containing state regulations
or other enforceable documents and
supporting information such as
emission inventories, monitoring
networks, and modeling
demonstrations. Discussed in greater
2 The 8-hour ozone standard was promulgated on
July 18, 1997 (62 FR 38856).
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Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Proposed Rules
detail below, SIP revisions relating to
attainment of the 8-hour ozone standard
by South Carolina and Georgia
submitted to EPA on December 31,
2004, and the contents of the EACs are
now being proposed.
III. What Is Ozone and the Purpose of
the 8-hour Ozone Standard?
Ozone is formed by a series of
chemical reactions involving nitrogen
oxides (NOX), the result of combustion
processes, and reactive organic gases,
also termed volatile organic compounds
(VOCs). NOX and VOCs are emitted into
the air through many sources such as
vehicles, power plants and other
industrial facilities. Ozone and its
precursors have many adverse effects on
human health and can cause the
following: irritation of the respiratory
system, reduction of lung function
(making it more difficult to breathe),
aggravation of asthma, inflammation
and damage to the lining of the lungs,
and an increase in the risk of hospital
admissions and doctor visits for
respiratory problems. In order to reduce
ozone it is necessary to reduce NOX and
VOCs, ozone precursors. Consistent
with the Act, ozone reductions are
achieved by establishing NAAQS, such
as the 8-hour ozone standard, and
implementing the measures necessary to
reduce ozone and its precursors. In the
April 30, 2004, (69 FR 23858), Federal
Register document entitled ‘‘Air Quality
Designations and Classifications for the
8-Hour Ozone National Ambient Air
Quality Standards; Early Action
Compact Areas with Deferred Effective
Dates,’’ EPA designated every county in
the United States unclassifiable/
attainment or nonattainment. Generally,
when areas are designated
nonattainment, they must put measures
in place that will control and maintain
ozone concentrations at healthy levels;
areas designated as attainment must also
develop maintenance plans to ensure
ozone concentrations do not increase
over time to unhealthy levels. The EAC
program involves a commitment by
areas close to attainment of the ozone
standard to achieve clean air sooner.
The areas’ commitment is demonstrated
by implementing control measures to
achieve attainment earlier than
mandated by the 8-hour ozone NAAQS
and the Clean Air Act. The EAC areas
designated nonattainment, but were able
to meet the requirements of the EAC
Protocol currently have a deferral of
their nonattainment designation until
September 30, 2005.
IV. What Is an EAC?
An ‘‘EAC’’ is an ‘‘Early Action
Compact.’’ This is an agreement
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between a State, local governments, and
EPA to implement measures not
necessarily required by the CAA in
order to achieve cleaner air as soon as
possible. Communities close to or
exceeding the 8-hour ozone standard
that have elected to enter into an EAC
have started reducing air pollution at
least two years sooner than required by
the Act. In many cases, these reductions
will be achieved by local air pollution
control measures not otherwise
mandated under the Act. The program
was designed for areas that approach or
monitor exceedances of the 8-hour
standard, but are in attainment for the
1-hour ozone standard. The 1-hour
ozone standard will be revoked as of
June 15, 2005 in most areas. It will not
be revoked for previous 1-hour
nonattainment areas that are 8-hour
EAC areas, such as the Nashville,
Tennessee and Greensboro-Winston
Salem-High Point, North Carolina 1hour area (the Triad 8-hour EAC area).3
These areas will continue to implement
transportation conformity requirements
related to the 1-hour ozone standard.
The 1-hour ozone transportation
conformity requirements will no longer
be in effect one year after the 8-hour
ozone attainment designation if the
areas are successful in achieving
attainment through implementation of
the EAC. If any EAC area is
unsuccessful in attaining the 8-hour
ozone NAAQS through the EAC process,
it will be subject to the 8-hour ozone
transportation conformity requirements
one year after the nonattainment
designation becomes effective.
The initial choice to enter into an
EAC was voluntary on behalf of the
local officials and State air quality
officials. EPA believes that early
planning and implementation of control
measures that improve air quality will
likely accelerate protection of public
health. The EAC program allows
participating State and local entities to
make decisions that will accelerate
meeting the new 8-hour ozone standard
using local pollution control measures
in addition to federally mandated
measures. While the choice of entering
into an EAC was voluntary, all measures
adopted as part of the EAC are now
being proposed for incorporation into
the SIP and will be mandatory and
federally enforceable.
In Region 4, EPA initially received 22
requests to enter into EACs in December
2002, including 100 counties in four
states. Currently, there are 17 areas and
3 Notably, the counties included in the 8-hour
EAC area may not directly correspond with all the
counties included in the previous 1-hour area for
the similar geographic area.
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85 counties included in the EAC
program in four states. Of those 17, only
eight areas received a deferral of their
nonattainment designation. Five of the
eight areas that have a deferred
nonattainment designation are now
attaining the 8-hour ozone standard and
modeling attainment into the future.
Consistent with EPA’s EAC Protocol,
states with communities participating in
the EAC program had to submit plans
for meeting the 8-hour ozone standard
by December 31, 2004, rather than June
15, 2007, the CAA deadline for all other
areas not meeting the standard. The
EAC Protocol further requires
communities to develop and implement
air pollution control strategies, account
for emissions growth and demonstrate
attainment by 2007 and maintenance for
at least five years of the 8-hour ozone
standard. Greater details of the EAC
program are explained in EPA’s
December 16, 2003, (68 FR 70108)
proposed Federal Register document
entitled ‘‘Deferral of Effective Date of
Nonattainment Designations for 8-hour
Ozone National Ambient Air Quality
Standards for Early Action Compact
Areas.’’
On December 20, December 27, and
December 31, 2002, South Carolina
submitted signed EACs for the South
Carolina-Georgia EAC Areas (see
Section I). Georgia EPD submitted
materials supporting the Lower
Savannah EAC Area on December 31,
2002. The EACs were signed by
representatives of the local
communities, State air quality officials
in both Georgia and South Carolina, and
the Regional Administrator. The South
Carolina and Georgia EAC area
designations are discussed further in
Section V of today’s proposal. To date,
the South Carolina-Georgia EAC Areas
have met all EAC milestones and, as
long as EAC areas continue to meet the
agreed upon milestones, the
nonattainment designations will be
deferred until April 15, 2008. At that
time, EAC areas with air quality
monitoring data showing attainment for
the years 2005–2007 that have met all
compact milestones will be designated
attainment.
V. What Are the South CarolinaGeorgia EAC Areas and Their
Respective 8-hour Ozone Designations?
In April 2004, EPA designated areas
as nonattainment for the 8-hour ozone
NAAQS based upon air quality
monitoring data during the 2001–2003
ozone seasons. On April 30, 2004, (69
FR 23858) the EPA published a Final
Rule in the Federal Register designating
the following EAC 8-hour ozone
nonattainment-deferred and
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30399
unclassifiable/attainment areas in South
Carolina and Georgia:
SOUTH CAROLINA-GEORGIA EAC 8-HOUR OZONE DESIGNATIONS
EAC areas
EAC 8-hour ozone designation
Appalachian Area:
Anderson County ...................................................................................................................................
Cherokee County ...................................................................................................................................
Greenville County ..................................................................................................................................
Oconee County ......................................................................................................................................
Pickens County ......................................................................................................................................
Spartanburg County ..............................................................................................................................
Catawba Area:
Chester County ......................................................................................................................................
Lancaster County ..................................................................................................................................
Union County .........................................................................................................................................
York County (partial) a ............................................................................................................................
Pee Dee Area:
Chesterfield County ...............................................................................................................................
Darlington County ..................................................................................................................................
Dillion County ........................................................................................................................................
Florence County ....................................................................................................................................
Marion County .......................................................................................................................................
Marlboro County ....................................................................................................................................
Waccamaw Area:
Georgetown County ...............................................................................................................................
Horry County .........................................................................................................................................
Williamsburg County ..............................................................................................................................
Santee Lynches Area:
Clarendon County ..................................................................................................................................
Kershaw County ....................................................................................................................................
Lee County ............................................................................................................................................
Sumter County .......................................................................................................................................
Berkeley-Charleston-Dorchester (B–C–D) Area:
Berkeley County ....................................................................................................................................
Charleston County .................................................................................................................................
Dorchester County .................................................................................................................................
Low Country Area:
Beaufort County .....................................................................................................................................
Colleton County .....................................................................................................................................
Hampton County ....................................................................................................................................
Jasper County .......................................................................................................................................
Lower Savannah Area (GA–SC):
Aiken County, SC ..................................................................................................................................
Allendale County, SC ............................................................................................................................
Bamburg County, SC ............................................................................................................................
Barnwell County, SC .............................................................................................................................
Calhoun County, SC ..............................................................................................................................
Orangeburg County, SC ........................................................................................................................
Columbia County, GA ............................................................................................................................
Richmond County, GA ...........................................................................................................................
Central Midlands Area:
Fairfield County .....................................................................................................................................
Lexington County ...................................................................................................................................
Newberry County ...................................................................................................................................
Richland County ....................................................................................................................................
Upper Savannah Area:
Abbeville County ....................................................................................................................................
Edgefield County ...................................................................................................................................
Greenwood County ................................................................................................................................
Laurens County .....................................................................................................................................
Saluda County .......................................................................................................................................
a the
Nonattainment-deferred.
Unclassifiable/Attainment.
Nonattainment-deferred.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Nonattainment-deferred.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Nonattainment-deferred.
Unclassifiable/Attainment.
Nonattainment-deferred.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
portion of York not designated nonattainment for 8-hour ozone in the Charlotte nonattainment area.
Currently, eight out of the ten South
Carolina-Georgia EAC Areas do not have
deferred nonattainment designations
and are participating in the EAC process
to demonstrate their support of cleaner
air statewide. There are only two areas,
Appalachian and Central Midlands, in
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South Carolina, with nonattainmentdeferred designations that are
participating in the EAC program. Those
counties in the Appalachian, Anderson,
Greenville, and Spartanburg, South
Carolina areas are now attaining the 8hour ozone standard based on 2002–
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2004 air quality monitoring data. Those
counties in the Central Midlands,
Lexington and Richland, South Carolina
areas are very close to the standard and
are modeling attainment by 2007. To
date, the South Carolina-Georgia EAC
Areas have met all EAC milestones and,
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as long as EAC areas continue to meet
the agreed upon milestones, the impact
of the nonattainment designations will
be deferred until April 15, 2008. At that
time, EPA will evaluate the 8-hour
ozone designations for these areas.
VI. How Is Attainment Demonstrated
for the 8-hour Standard With a
Photochemical Model?
In developing its SIP, an area will
typically evaluate necessary control
measures using modeling programs to
determine how that area can meet and
maintain the NAAQS. This process is no
different for EAC areas which used
modeling and screening tests to evaluate
attainment and maintenance of the 8hour ozone standard. The attainment
tests use ambient air quality monitored
design values with model-generated
ozone concentration data. The test is
applied at each monitor in the area as
well as applicable unmonitored
modeling sites in the EAC area. A future
year design value is developed by
multiplying the ratio of the future year
to current year model-predicted 8-hour
daily maximum ozone concentrations
by a current design value. The current
design value is developed from air
quality monitored data. Under EPA
regulations at 40 CFR Part 50, the 8-hour
ozone standard is attained when the 3year average of the annual fourthhighest daily maximum 8-hour average
ambient ozone concentrations is less
than or equal to 0.08 ppm. (See 69 FR
23857, April 30, 2004, for further
information). If modeled predicted
future site-specific design values are
less than 0.085 ppm at each monitor
site, the test is passed.4
A. How Was Attainment Demonstrated
Through the South Carolina EAC
Modeling?
The South Carolina modeling was
developed consistent with the EPA draft
modeling guidance and EAC Protocol
guidance that was available when the
modeling was conducted. 5 Note, the
names of the areas used in the modeling
for attainment differ from the names of
the EAC areas. The South Carolina—
Georgia EAC Areas and their modeled
area counterparts are presented in Table
1.
TABLE 1.—NAMING CONVENTION FOR EAC AREAS AND MODELED AREAS
EAC area
Modeled areas with monitors
Appalachian ..............................................................................................................................................
Catawba ...................................................................................................................................................
PeeDee ....................................................................................................................................................
Waccamaw ...............................................................................................................................................
Santee Lynches .......................................................................................................................................
Berkeley, Charleston, Dorchester ............................................................................................................
Low Country .............................................................................................................................................
Lower Savannah ......................................................................................................................................
Central Midlands ......................................................................................................................................
Upper Savannah ......................................................................................................................................
Anderson/Greenville/Spartanburg.
Rock Hill.
Darlington/Florence.
Coastal Sites.
Area without monitors.
Coastal Sites without monitors.
Coastal Sites.
Aiken/Augusta.
Columbia.
Anderson/Greenville/Spartanburg.
Although EPA guidance recommends
use of a 1999 inventory for EAC areas,
South Carolina’s use of a 1998 inventory
was allowed for a number of reasons.
Most notably, the 1998 emissions
inventory is considered more
representative and conservative than
the1999 emissions inventory. Other
reasons are discussed in the South
Carolina Technical Support Document
(TSD). In evaluating South Carolina’s
request to use 1998 data, the State
presented a comparison between the
1999 National Emissions Inventory and
the 1998 State inventory. Although a
discrepancy existed in the estimation of
the area source emissions, the State was
able to explain how the conclusions for
attainment would not be compromised
with the use of the 1998 emissions.
Therefore, the State’s analysis indicates
that use of the 1998 inventory is
acceptable for demonstrating attainment
in EAC areas. (The TSDs to this
document contain a more detailed
discussion of this issue and other areas
of the technical demonstration for
attainment and maintenance.)
Using 1998 as its ‘‘current year,’’ the
South Carolina modeling predicted that
the State would attain the 8-hour ozone
standard at all EAC area monitors for
the future years of 2007, 2012 and 2017.
The higher of the 1997–1999 and 2001–
2003 design values were used in the
application of the modeled and
screening tests for the EAC modeling.
The future-predicted design values
using the South Carolina modeling are
presented in Table 2. South Carolina—
Georgia EAC Areas were modeling
attainment without incorporating the
local EAC measures into the modeling.
Therefore, these additional measures,
that will be required by the South
Carolina and Georgia SIPs, will provide
additional air quality benefits beyond
what was presented in this modeling.
4 Although the 8-hour ozone standard is 0.08
ppm, monitored values less than 0.085 are rounded
down to 0.08 whereas monitored values equal to or
greater than 0.085 are rounded up, and considered
to be an exceedance of the standard. The 8-hour
ozone standard can also be expressed in parts per
billion and EPA often refers to monitors meeting the
standard if they monitor values less than 85 ppb.
5 The EPA issued guidance on the air quality
modeling that is used to demonstrate attainment
with the 8-hour ozone NAAQS. See U.S. EPA,
(1999), Draft Guideline on the Use of Models and
Other Analysis in Attainment Demonstrations for
the 8-Hour Ozone NAAQS, EPA–454/R–99–00413,
(May 1999). A copy may be found on EPA’s Web
site at https://www.epa.gov/ttn/scram/ (file name:
‘‘DRAFT8HR’’).
EPA, June, 2002. ‘‘Protocol for Early Action
Compacts Designed to Achieve and Maintain the 8–
Hour Ozone Standard’’. Located at https://
www.epa.gov/ttn/naaqs/ozone/eac/.
‘‘Appendix W to 40 CFR Part 51: Guideline on
Air Quality Models.’’ Located at https://
www.epa.gov/scram001/ (file name: ‘‘Appendix
W’’).
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TABLE 2.—SOUTH CAROLINA—GEORGIA EAC FUTURE DESIGN VALUES (PPB)
Area/county
2007
DVF
(ppb)
Monitor
2012
DVF
(ppb)
2017
DVF
(ppb)
Aiken/Augusta EAC Area
Aiken ...............................................................
Barnwell ..........................................................
Edgefield .........................................................
Richmond, GA .................................................
Jackson ..........................................................
Barnwell ..........................................................
Trenton ...........................................................
Augusta ..........................................................
72
71
72
77
72
71
69
75
70
69
67
74
78
84
80
74
80
81
73
69
80
78
72
77
80
67
66
78
76
71
75
79
64
79
80
61
77
77
59
76
75
58
77
74
73
82
78
77
74
75
73
69
66
71
68
61
67
64
68
66
61
66
63
69
64
60
Anderson/Greenville/Spartanburg EAC Area
Abbeville ..........................................................
Anderson .........................................................
Cherokee .........................................................
Oconee ............................................................
Pickens ............................................................
Spartanburg ....................................................
Union ...............................................................
Due West .......................................................
Powdersville ...................................................
Cowpens ........................................................
Long Creek .....................................................
Clemson .........................................................
North Spartanburg Fire Station ......................
Delta ...............................................................
Columbia EAC Area
Richland ..........................................................
Richland ..........................................................
Richland ..........................................................
Parklane .........................................................
Sandhill ...........................................................
Congaree Bluff ...............................................
Darlington/Florence EAC Area
Darlington ........................................................
Pee Dee .........................................................
Rock Hill EAC Area
Chester ............................................................
York .................................................................
Chester ...........................................................
York ................................................................
Coastal Sites EAC Area
Berkeley ..........................................................
Charleston .......................................................
Charleston .......................................................
Colleton ...........................................................
Williamsburg ....................................................
B. How Was Supplemental Modeling
Developed by Georgia Used in the
Demonstration for Attainment in South
Carolina?
The Lower Savannah (Aiken/Augusta)
EAC area is a multi-state area that
includes counties in both Georgia and
South Carolina. This area was
designated attainment for the 8-hour
ozone standard on June 15, 2004. Both
states independently developed 8-hour
ozone attainment demonstrations for the
Aiken/Augusta EAC area. The Georgia
modeling was developed consistent
with existing EPA modeling and EAC
Protocol guidance and is discussed in
greater detail in the Georgia TSD. In
Georgia, the air quality modeled
concentrations were developed using
the Community Multiscale Air Quality
(CMAQ), a regional- and urban-scale,
nested-grid photochemical air quality
model. A current year of 2000 was
modeled for the attainment test.
Georgia’s modeling demonstrated
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Bushy Park .....................................................
Army Reserve ................................................
Cape Romain .................................................
Ashton ............................................................
Indiantown ......................................................
attainment of the 8-hour ozone standard
for the future years of 2007 and 2012 for
the Lower Savannah (Aiken/Augusta)
EAC area using current design values
from 1999–2001. This modeling by
Georgia strengthens the results of South
Carolina’s modeling because the future
year results are consistent in concluding
attainment and maintenance of the 8hour ozone standard. A comparison of
the future-predicted design values as
independently developed in the South
Carolina and Georgia modeling are
presented in Table 3.
TABLE 3.—AIKEN/AUGUSTA FUTURE
DESIGN VALUES (PPB) FROM SOUTH
CAROLINA AND GEORGIA—Continued
TABLE 3.—AIKEN/AUGUSTA FUTURE
DESIGN VALUES (PPB) FROM SOUTH
CAROLINA AND GEORGIA
Edgefield, SC
Augusta EAC area county
2007
DVF
(ppb)
2012
DVF
(ppb)
Richmond, GA
SC results .........................
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77
Augusta EAC area county
2007
DVF
(ppb)
GA results .........................
2012
DVF
(ppb)
77
73
72
75
72
72
72
70
69
66
71
71
71
70
Aiken, SC
SC results .........................
GA results .........................
SC results .........................
GA results .........................
Barnwell, SC
SC results .........................
GA results .........................
75
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C. What Is the Maintenance for Growth
Plan for the EAC Areas?
In addition to control measures
designed to attain and maintain the 8hour ozone standard, South Carolina’s
EAC SIP submittal also includes a
comprehensive maintenance plan.
Specific details on the maintenance
plan are contained in the South Carolina
EAC SIP. In summary, South Carolina
proposes to implement a maintenance
plan similar to the requirements for
section 175A of the Clean Air Act,
which requires maintenance plans to be
submitted for all areas redesignated
from nonattainment to attainment.
EPA’s EAC Protocol required
demonstration of maintenance of the 8hour ozone standard through 2012;
South Carolina’s maintenance plan
models attainment through 2017. The
South Carolina EAC maintenance plan
includes the following:
• An attainment demonstration for
the 2007–2017 period. Future design
values developed through modeling for
2007, 2012 and 2017 that are below 85
ppb at all monitors in the EAC areas;
Table 2 presents these attainment test
results.
• A commitment for a mid-point
evaluation in 2012.
• A commitment to develop the
maintenance plan for a second 10-year
period for 2017–2027 and a schedule for
developing that plan including emission
inventories and air quality modeling:
• December 2004—SC DHEC submits
EAC SIP, covering both attainment date
of 2007 and first 10-year maintenance
period through 2017.
• April 2005—SC DHEC and EAC
areas implement EAC measures.
• December 2005—First annual
tracking report is submitted to EPA.
• December 2006—Second annual
tracking report is submitted to EPA.
• December 2007—Attainment date.
• December 2007—Third annual
tracking report is submitted to EPA.
• April 2008—EPA designates area
attainment for the 8-hour standard
providing areas have 3 years of quality
assured data showing attainment.
• December 2008—Fourth annual
tracking report is submitted to EPA and
continues for each year thereafter
through the end of the maintenance
period.
• January 2013—SC DHEC begins
work on 10-year maintenance plan
update.
• December 2015—Submits 10-year
maintenance plan update.
• December 2027—20-year
maintenance plan and annual tracking
for growth concludes.
• Commitment to update the EAC
plan and submit to EPA in 2015.
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• Commitment to annually track
stationary and highway mobile source
emissions Provides triggers (emissions
growth thresholds and rates) and actions
(air quality analyses, modeling and
adopting additional controls) to be
performed to address emission growth.
• Based on the tracking of the growth
of stationary source emissions, the
maintenance plan commits to adopt and
implement additional control measures,
if needed, throughout the maintenance
period.
• Commitment to perform air quality
analyses reviews and report each
December.
• Commitments for tracking and
taking follow-up actions are in force
unless the 8-hour ozone standard is
revoked in the future. South Carolina
believes that would happen only in the
event that EPA revises or revokes the
current 8-hour ozone standard of 0.08
parts per million. To date, EPA has not
proposed any revisions to the ozone
NAAQS.
• Commitment to evaluate, in 2008,
whether or not a full modeling update
is needed for all EAC areas.
• Provides the following timeline of
actions and submittals for the
maintenance plan from December 2004
to December 2027.
In addition to South Carolina’s
maintenance plan, the Georgia modeling
indicates that maintenance of the 8-hour
ozone standard will likely continue
beyond the 2007 attainment date for the
Aiken/Augusta EAC area. For further
information, refer to Appendix 17—
Augusta Early Action Compact Ozone
State Implementation Plan Revision of
the South Carolina EAC submittal. The
Georgia and South Carolina TSDs are
available in the electronic public
docket, RME ID No. R04–OAR–2005–
GA–0001 and R04–OAR–2005–SC–0001
(see the ADDRESSES section of this notice
for further information on RME).
D. What Are EPA’s Conclusions on the
EAC Technical Demonstration for
Attainment and Maintenance?
EPA evaluation of the South Carolina
and Georgia EAC modeling indicates
that the South Carolina-Georgia EAC
Areas will attain and maintain the 8hour ozone standard at least until 2017.
Even though the South Carolina and
Georgia modeling demonstrations were
independently developed using
different assumptions, inventories,
episodes, and models, the results were
similar—consistent levels of future
attainment are indicated and the future
design values are below 85 ppb and
within 3 ppb of each other for the
Aiken/Augusta area. EPA’s analysis
indicates that the appropriate data and
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procedures were used to assess 8-hour
ozone attainment for the Aiken/Augusta
EAC areas, and all other South CarolinaGeorgia EAC Areas. EPA’s analysis
moreover indicates that the
combinations of local scale modeling
and control strategies demonstrate
attainment of the 8-hour ozone NAAQS
for each South Carolina EAC area.
Additional details of the South Carolina
and Georgia EAC modeling are
presented in the TSDs for the two state
submittals.
VII. What Measures Are Included in
This EAC SIP Submittal?
The South Carolina and Georgia EACs
incorporate both local and statewide
control measures to attain and maintain
the 8-hour ozone standard. Many of the
measures outlined for inclusion in the
SIP are not necessary for attainment or
maintenance of the 8-hour ozone
standard, but are additional measures
that will improve air quality and South
Carolina and Georgia have committed to
implementing these additional measures
through the EAC program.
Some of the measures used to model
attainment are federal measures
(national and regional measures) such as
Phase I of the NOX SIP Call, which
regulates nitrogen oxides emitted from
large facilities, and Tier 2 vehicle
standards, which affect all passenger
vehicles in a manufacturer’s fleet. South
Carolina’s modeling also included
statewide measures. As part of its
commitment to cleaner air quality
sooner, South Carolina promulgated
amendments to Regulation 61–62, Air
Pollution Control Regulations and
Standards by adding regulation 61–62.5
Standard No. 5.2, Control of Oxides of
Nitrogen (NOX) and revising Regulation
61–62.2—Prohibition of Open Burning.
Regulation 61–62.5 Standard No. 5.2,
Control of Oxides of Nitrogen (NOX)
applies to new and existing stationary
sources that emit NOX from fuel
combustion and have not undergone a
best available control technology
(BACT) analysis for NOX. The regulation
is designed primarily to assist with the
issue of growth and is also geared
toward smaller sources that fall below
the applicability thresholds for
prevention of significant deterioration
(PSD). These are sources that, for the
most part, would not otherwise be
required to install NOX controls. For
new sources, the regulation requires the
installation of control technology that is
based on BACT standards found in the
national RACT/BACT/LAER
clearinghouse. For existing sources, the
regulation only applies when an
applicable unit replaces its burner. At
this point, the facility would be required
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to replace the burner with a low NOX
burner or equivalent technology capable
of achieving at least a 30 percent
reduction from uncontrolled levels.
The second statewide measure is
additional restrictions on open burning.
Regulation 61–62.2, Prohibition of Open
Burning has been revised and deletes
the exception for the burning of
household trash and allows for certain
residential construction waste to be
burned only outside of the ozone season
of April 1 through October 30. Therefore
only certain types of ‘‘clean’’ wastes can
be burned year round. A detailed
description of the estimated NOX
reductions can be found in Appendix
13—Estimated Emissions Reductions
Achieved by R.61–62.2, Prohibition of
Open Burning, and by R.61–62.5,
Control of Oxides of Nitrogen and in
Appendix 16—County Level Emission
Reductions and Descriptions for the
Ozone Early Action Compact Areas, as
part of the county level emission
reductions for the EAC areas. These
regulations will be applicable statewide
and have also been submitted to EPA for
incorporation into the SIP. Once
approved, these regulations will be
federally enforceable.
In addition to the measures adopted
statewide, the South Carolina SIP
submittal also includes many local
measures to be incorporated into the
SIP. This occurs primarily in the
nonattainment-deferred county
descriptions which contains detailed
local measures with estimated
reductions. For all county level
emissions reductions, see Appendix
16—County Level Emission Reductions
and Descriptions for the Ozone Early
Action Compact Areas. These measures
are outlined in the table below:
COUNTY LEVEL EMISSION REDUCTIONS IN SOUTH CAROLINA EAC NONATTAINMENT-DEFERRED AREAS
SC 61–62.5, Std. 5.2, ‘‘Control of Oxides Nitrogen’’—New State Regulation.
SC 61–62.2, ‘‘Prohibition of Open Burning—
Modified State Regulation (PM reductions
as well).
Smart Highways—Modified version of Transportation Conformity (deferred areas).
Voluntary permit limit by SCE & G—Wateree
(Richland County).
Voluntary permit reduction of 1,000 tons by
International Paper (Richland).
Voluntary control equipment installation at
Duke Power—Installation of advanced low
NOX burners on Units 1 and 2. Changes
will result in emission limits reducing from
0.40lb/MMBtu to 0.24lb/MMBtu(Anderson).
Voluntary early installation of control equipment at Transco Pipeline—Operating Permit 2060–0179. Transco has 14 natural
gas fired internal combustion (IC) engines
that collectively accounted for 3,822 tons
of ozone season NOX emissions in 1997.
Transco has submitted a construction permit application to put on NOX controls that
will result in 1,261 tons of ozone season
NOX emissions. The permit was approved
on April 27, 2004.
Truck Stop Electrification Project (Anderson)
51 spaces were outfitted with Idle Aire
Technology.
School Bus Retrofit Project (Anderson) Approximately 23 diesel buses will be retrofitted with particulate filters during 2006..
School Bus Retrofit Project (Greenville) Approximately 47 diesel buses will be retrofitted with particulate filters during 2006..
School Bus Retrofit Project (Spartanburg)
Approximately 20 diesel buses will be retrofitted with particulate filters during 2006..
School Bus Retrofit Project (Lexington) Approximately 28 diesel buses will be retrofitted with particulate filters during 2006..
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Emissions reduction actual or potential
Implementation strategies
Commitment
Jkt 205001
NOX
VOC
SIP (federal and
State).
SIP (federal and state)
2,913 tonsb ................
Not avail. ....................
Not avail.
147 tonsc ....................
698 tons .....................
Not avail.
N/A (federal upon final
SIP approval).
Through the MOA
until modification of
the Title V permit,
then enforceable
through the permit
(federal and state).
Through the MOA
until modification of
the Title V permit,
then enforceable
through the permit
(federal and state).
Federal and state
(Permit).
0 .................................
0 .................................
0
40% red. ....................
0 .................................
0
0 .................................
0 .................................
0
850 tons .....................
Not avail. ....................
Not avail.
Federal and state
(Permit).
2,561 tons ..................
Not avail. ....................
Not avail.
Federal and state
(MOA).
36.2 tons ....................
1.84 tons ....................
15.3 tons.
Federal and state
(MOA).
0 .................................
391 lbs .......................
2,737 lbs.
Federal and state
(MOA).
0 .................................
799 lbs .......................
5,593 lbs.
Federal and state
(MOA).
0 .................................
340 lbs .......................
2,380 lbs.
Federal and state
(MOA).
0 .................................
476 lbs .......................
3,332 lbs.
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COUNTY LEVEL EMISSION REDUCTIONS IN SOUTH CAROLINA EAC NONATTAINMENT-DEFERRED AREAS—Continued
Emissions reduction actual or potential
Implementation strategies
Commitment
School Bus Retrofit Project (Richland) Approximately 21 diesel buses will be retrofitted with particulate filters during 2006..
Gas Can Exchange Events—115 cans were
exchanged (Greenville).
Gas Can Exchange Events—250 cans were
distributed (Lexington and Richland).
Improvements to Park and Ride lot at Highway 378 and I–20 (Lexington).
Conversion of Commercial Vehicle Fleet to
Propane—(Lexington).
Biodiesel Buses, University of South Carolina. (Richland).
University of South Carolina Ethanol Project
(Richland).
Take a Break from the Exhaust program
(Lexington, Newberry, Kershaw, and Richland).
SC DHEC has a number of flex fuel vehicles
that run almost exclusively on E85. (Richland).
Ethanol (E85) refueling station for public
(Richland).
Smart Ride—Mass Transit Program (Lexington, Newberry, Kershaw, and Richland).
Totals from SC’s Ozone Early Action
Program.
NOX
VOC
CO
Federal and state
(MOA).
0 .................................
357lbs ........................
2,499 lbs.
N/A (federal upon final
SIP approval).
N/A (federal upon final
SIP approval).
County ........................
0 .................................
711lbs ........................
0.
0 .................................
823 lbs .......................
0.
476 lbs .......................
924 lbs .......................
7,297 lbs.
N/A (federal upon final
SIP approval).
N/A (federal upon final
SIP approval).
N/A (federal upon final
SIP approval).
State ...........................
1,638 lbs ....................
1,300 lbs ....................
8,244 lbs.
25 lbs .........................
12 lbs .........................
34 lbs.
18 lbs .........................
19 lbs .........................
1,250 lbs.
393 lbs .......................
568 lbs .......................
5,494 lbs.
N/A (federal upon final
SIP approval).
103 lbs .......................
104 lbs .......................
6,030 lbs.
N/A (federal upon final
SIP approval).
N/A (federal upon final
SIP approval).
621 lbs .......................
162 lbs .......................
2,369 lbs.
207 lbs .......................
153 lbs .......................
3,166 lbs.
6,522 Tons .................
703 Tons ....................
36 Tons.
b Potential
reductions.
anticipated reductions noted here are from the ban imposed on the burning of residential construction waste only. Further reductions are
expected to result from other revisions to the Open Burning regulation that are more difficult to quantify. For instance, the burning of household
trash generates 2,379 tons of NOX and 11,896 tons of VOCs annually. The revision to the regulation that occurred through this process closed a
loophole that had allowed household trash to be burned under certain circumstances. While it is not clear the exact amount of reductions that will
result from this revision, it is certain that additional reductions in both NOX and VOCs will occur.
c The
In addition to measures being
implemented throughout the state of
South Carolina, similar measures in the
state of Georgia are likely to positively
impact air quality in the Lower
Savannah (Aiken/Augusta) EAC area.
There are two counties in Georgia,
Richmond and Columbia, participating
in the Early Action Compact Program as
a part of the Upper Savannah area.
Georgia has statewide control measures
that will be implemented and they are
an open burning ban during the ozone
season and Stage I Vapor Recovery. In
addition to the open burning bans and
Stage I Vapor Recovery measures,
Richmond County and the City of
Augusta may be pursuing a number of
local measures, such as distributing
information at public meetings about air
quality and the impact of air pollution
on human health, implementing
projects in the regional bicycle and
pedestrian plan, and smog alerts. A
more detailed list of control measures
under consideration was submitted with
the December 2003 milestone report.
Attachment B of the Georgia (Augusta)
EAC SIP submittal contains a copy of a
resolution of support for the Augusta
VerDate jul<14>2003
16:07 May 25, 2005
Jkt 205001
EAC that the Augusta/Richmond
Council adopted on April 20, 2004. The
Georgia EPD has not incorporated any
quantitative emission reductions from
any current or planned local measures
into the demonstration contained in this
SIP.
milestone and action agreed upon in the
compact. However, if one milestone is
missed, EPA will take action to propose
and promulgate a finding of failure to
meet the milestone, and to withdraw the
deferred effective date of the
nonattainment designation.
VIII. What Happens if the Area Does
Not Meet the EAC Commitments or
Milestones?
IX. Why Are We Proposing To Approve
This EAC SIP Submittal?
In the April 30, 2004, (69 FR 23858)
Final Rulemaking, EPA designated the
counties of Anderson, Greenville, and
Spartanburg, and partial counties of
Lexington and Richland as
nonattainment-deferred for the 8-hour
ozone standard. In accordance with the
April 30, 2004, (69 FR 23858) Final
Rulemaking, the effective date of
nonattainment for these counties in the
EAC areas of Appalachian and Central
Midlands, respectively, (see Section V)
has been deferred until September 30,
2005. The measures outlined in the
South Carolina and Georgia EAC SIP
submittals provide every indication that
the South Carolina-Georgia EAC Areas
will attain the 8-hour ozone standard by
December 31, 2007 and complete each
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Sfmt 4702
We are proposing to approve this EAC
SIP submittal because the SIP submittals
demonstrate attainment of the 8-hour
ozone standard by December 31, 2007,
and maintenance of that standard
through 2017 in South Carolina and
2012 for Georgia. We have reviewed the
submittals and determined that they are
consistent with the requirements of the
Act, EPA’s policy, and the EAC
Protocol. The TSDs for each state
contain additional and more detailed
information concerning this proposed
action.
Approving the EAC submittals into
the SIP will also mean that measures
and controls identified therein become
federally enforceable and the ten South
Carolina-Georgia EAC Areas’ citizens
will start to benefit from reductions in
E:\FR\FM\26MYP1.SGM
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Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Proposed Rules
air pollution earlier than the statutory
deadlines. See Section VII of this
proposal for the description of air
pollution control measures. Finally, it
means that EPA has determined that the
EAC areas have continued to fulfill the
milestones and obligations of the EAC
Program. In a separate action, EPA will
take action proposing to defer the
effective date of nonattainment
designation for these areas until
December 31, 2006, so long as the areas
continue to fulfill the EAC obligations,
including semi-annual reporting
requirements, implementation of the
measures in the EAC submittal by
December 31, 2005, and a progress
assessment by June 30, 2006.
X. Proposed Action
EPA is proposing to approve the
attainment demonstration and the South
Carolina-Georgia EACs of Appalachian,
Catawba, Pee Dee, Waccamaw, Santee
Lynches, Berkeley-CharlestonDorchester, Low Country, Lower
Savannah, Central Midlands, and Upper
Savannah areas and incorporate these
into the South Carolina and Georgia
SIPs. The modeling of ozone
concentrations and ozone precursor
emissions from sources in the 47
counties within the South CarolinaGeorgia EAC Areas demonstrate that the
specified control strategies will provide
for attainment of the 8-hour ozone
NAAQS by December 31, 2007. These
specified control strategies are
consistent with the EAC program.
XI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This proposed action merely
proposes to approve state law as
meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this proposed rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this rule
proposes to approve pre-existing
requirements under state law and does
not impose any additional enforceable
duty beyond that required by state law,
it does not contain any unfunded
mandate or significantly or uniquely
VerDate jul<14>2003
16:07 May 25, 2005
Jkt 205001
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4).
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to approve a state rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state actions, provided
that they meet the criteria of the Clean
Air Act. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This proposed
rule does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
PO 00000
Authority: 42 U.S.C. 7401 et seq.
Frm 00026
Fmt 4702
Sfmt 4702
30405
Dated: May 18, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05–10475 Filed 5–25–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R01–OAR–2004–ME–0005; A–1–FRL–7913–
4]
Approval and Promulgation of Air
Quality Implementation Plans; Maine;
VOC Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
two State Implementation Plan (SIP)
revisions submitted by the State of
Maine. These revisions establish
requirements to reduce volatile organic
compound (VOC) emissions from
mobile equipment repair and
refinishing, and solvent cleaning
operations. The intended effect of this
action is to approve these requirements
into the Maine SIP. EPA is taking this
action in accordance with the Clean Air
Act (CAA).
DATES: Written comments must be
received on or before June 27, 2005.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R01–OAR–
2004–ME–0005 by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/ Regional
Material in EDocket (RME), EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: conroy.dave@epa.gov.
4. Fax: (617) 918–0661.
5. Mail: ‘‘RME ID Number R01–OAR–
2004–ME–0005,’’ David Conroy, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100 (mail code
CAQ), Boston, MA 02114–2023.
6. Hand Delivery or Courier: Deliver
your comments to: David Conroy, Unit
Manager, Air Quality Planning, Office of
Ecosystem Protection, U.S.
E:\FR\FM\26MYP1.SGM
26MYP1
]]>Agencies
[Federal Register Volume 70, Number 101 (Thursday, May 26, 2005)]
[Proposed Rules]
[Pages 30396-30405]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10475]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R04-OAR-2005-SC-0001, R04-OAR-2005-GA-0001-200516; FRL-7917-9]
Approval and Promulgation of Air Quality Implementation Plans;
South Carolina and Georgia; Attainment Demonstration for the
Appalachian, Catawba, Pee Dee, Waccamaw, Santee Lynches, Berkeley-
Charleston-Dorchester, Low Country, Lower Savannah, Central Midlands,
and Upper Savannah Early Action Compact Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to approve revisions to the State
Implementation Plans (SIPs) submitted by the South Carolina Department
of Health and Environmental Control (SC DHEC) and Georgia Environmental
Protection Division (EPD) on December 31, 2004. These revisions are
submitted pursuant to the Early Action Compact (EAC) Protocol \1\ and
will result in emission reductions needed to attain and maintain the 8-
hour ozone National Ambient Air Quality Standard (NAAQS) in the
Appalachian, Catawba, Pee Dee, Waccamaw, Santee Lynches, Berkeley-
Charleston-Dorchester, Low Country, Lower Savannah, Central Midlands,
and Upper Savannah EAC areas. Only the Lower Savannah EAC area has
counties in both South Carolina and Georgia; for the purposes of this
document, however, the above described EAC areas will be collectively
referred to as the ``South Carolina--Georgia EAC Areas.'' EPA is
proposing approval of the photochemical modeling used by South Carolina
and Georgia to support the attainment demonstration of the 8-hour ozone
standard within these areas. The proposed revisions further incorporate
the local control measures in the South Carolina--Georgia EAC Areas, a
new regulation, 61-62.5 Standard No. 5.2, Control of Oxides of Nitrogen
(NOX) and revisions to Regulation 61-62.2, Prohibition of
Open Burning.
---------------------------------------------------------------------------
\1\ The EAC Protocol can be found at https://www.epa.gov/air/eac/ and in Regional Materials in Edocket (RME) ID No. R04-OAR-2005-SC-
0001 or R04-OAR-2005-GA-0001 (see the ADDRESSES section of this
notice for further information on RME).
---------------------------------------------------------------------------
DATES: Comments must be received on or before June 27, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R04-OAR-2005-
[[Page 30397]]
SC-0001 for any comments regarding the South Carolina submittal or ID
No. R04-OAR-2005-GA-0001 for any comments regarding the Georgia
submittal, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: ward.nacosta@epa.gov.
4. Fax: 404-562-9019.
5. Mail: ``R04-OAR-2005-SC-0001'' or ``R04-OAR-2005-GA-0001'',
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
6. Hand Delivery or Courier: Deliver your comments to: Nacosta C.
Ward, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, 12th floor, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding Federal holidays.
Instructions: Direct your comments to RME ID No. R04-OAR-2005-SC-
0001. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
https://docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at https://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI 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 in RME
or in hard copy at the Regulatory Development Section, Air Planning
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 contact 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: Nacosta C. Ward, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is (404) 562-9140. Ms. Ward can also be reached via electronic mail at
ward.nacosta@epa.gov
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``our,'' and ``us'' is used, we mean EPA.
Outline
I. What action are we proposing?
II. What is a SIP?
III. What is ozone and the purpose of the 8-hour ozone standard?
IV. What is an EAC?
V. What are the South Carolina-Georgia EAC Areas and their
respective 8-hour ozone designations?
VI. How is attainment demonstrated for the 8-hour standard with a
photochemical model?
VII. What measures are included in this EAC SIP submittal?
VIII. What happens if the area does not meet the EAC commitments or
milestones?
IX. Why are we proposing to approve this EAC SIP submittal?
X. Proposed Action
XI. Statutory and Executive Order Reviews
I. What Action Are We Proposing?
Today we are proposing to approve revisions to the South Carolina
and Georgia SIPs under sections 110 and 116 of the Clean Air Act
(``CAA'' or ``the Act''). These revisions demonstrate attainment and
maintenance of the 8-hour ozone standard, 0.08 parts per million
(ppm),\2\ within the Appalachian, Catawba, Pee Dee, Waccamaw, Santee
Lynches, Berkeley-Charleston-Dorchester, Low Country, Lower Savannah,
Central Midlands, and Upper Savannah EAC areas (collectively referred
to as the South Carolina-Georgia EAC Areas) by 2007, and incorporate
the control measures developed by these EACs into the South Carolina
and Georgia SIPs. The South Carolina-Georgia EACs are agreements
between the states, local governments, and EPA. The intent of these
agreements is to reduce ozone pollution and thereby attain and maintain
the 8-hour ozone standard by 2007, sooner than required by CAA for
areas designated nonattainment. Section VII of this proposal describes
the control measures that will be implemented within the South
Carolina-Georgia EAC Areas.
---------------------------------------------------------------------------
\2\ The 8-hour ozone standard was promulgated on July 18, 1997
(62 FR 38856).
---------------------------------------------------------------------------
II. What Is a SIP?
The ``SIP'' is the State Implementation Plan required by section
110 of the CAA and its implementing regulations. In essence, the SIP is
a set of air pollution regulations, control strategies, and technical
analyses developed by the state, to ensure that the state meets the
National Ambient Air Quality Standards (NAAQS). Once included in the
SIP, these regulations, strategies, and analyses are federally
enforceable by EPA. The NAAQS are established under section 109 of the
Act and they currently address six criteria pollutants: carbon
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur
dioxide. These SIPs can be extensive, containing state regulations or
other enforceable documents and supporting information such as emission
inventories, monitoring networks, and modeling demonstrations.
Discussed in greater
[[Page 30398]]
detail below, SIP revisions relating to attainment of the 8-hour ozone
standard by South Carolina and Georgia submitted to EPA on December 31,
2004, and the contents of the EACs are now being proposed.
III. What Is Ozone and the Purpose of the 8-hour Ozone Standard?
Ozone is formed by a series of chemical reactions involving
nitrogen oxides (NOX), the result of combustion processes,
and reactive organic gases, also termed volatile organic compounds
(VOCs). NOX and VOCs are emitted into the air through many
sources such as vehicles, power plants and other industrial facilities.
Ozone and its precursors have many adverse effects on human health and
can cause the following: irritation of the respiratory system,
reduction of lung function (making it more difficult to breathe),
aggravation of asthma, inflammation and damage to the lining of the
lungs, and an increase in the risk of hospital admissions and doctor
visits for respiratory problems. In order to reduce ozone it is
necessary to reduce NOX and VOCs, ozone precursors.
Consistent with the Act, ozone reductions are achieved by establishing
NAAQS, such as the 8-hour ozone standard, and implementing the measures
necessary to reduce ozone and its precursors. In the April 30, 2004,
(69 FR 23858), Federal Register document entitled ``Air Quality
Designations and Classifications for the 8-Hour Ozone National Ambient
Air Quality Standards; Early Action Compact Areas with Deferred
Effective Dates,'' EPA designated every county in the United States
unclassifiable/attainment or nonattainment. Generally, when areas are
designated nonattainment, they must put measures in place that will
control and maintain ozone concentrations at healthy levels; areas
designated as attainment must also develop maintenance plans to ensure
ozone concentrations do not increase over time to unhealthy levels. The
EAC program involves a commitment by areas close to attainment of the
ozone standard to achieve clean air sooner. The areas' commitment is
demonstrated by implementing control measures to achieve attainment
earlier than mandated by the 8-hour ozone NAAQS and the Clean Air Act.
The EAC areas designated nonattainment, but were able to meet the
requirements of the EAC Protocol currently have a deferral of their
nonattainment designation until September 30, 2005.
IV. What Is an EAC?
An ``EAC'' is an ``Early Action Compact.'' This is an agreement
between a State, local governments, and EPA to implement measures not
necessarily required by the CAA in order to achieve cleaner air as soon
as possible. Communities close to or exceeding the 8-hour ozone
standard that have elected to enter into an EAC have started reducing
air pollution at least two years sooner than required by the Act. In
many cases, these reductions will be achieved by local air pollution
control measures not otherwise mandated under the Act. The program was
designed for areas that approach or monitor exceedances of the 8-hour
standard, but are in attainment for the 1-hour ozone standard. The 1-
hour ozone standard will be revoked as of June 15, 2005 in most areas.
It will not be revoked for previous 1-hour nonattainment areas that are
8-hour EAC areas, such as the Nashville, Tennessee and Greensboro-
Winston Salem-High Point, North Carolina 1-hour area (the Triad 8-hour
EAC area).\3\ These areas will continue to implement transportation
conformity requirements related to the 1-hour ozone standard. The 1-
hour ozone transportation conformity requirements will no longer be in
effect one year after the 8-hour ozone attainment designation if the
areas are successful in achieving attainment through implementation of
the EAC. If any EAC area is unsuccessful in attaining the 8-hour ozone
NAAQS through the EAC process, it will be subject to the 8-hour ozone
transportation conformity requirements one year after the nonattainment
designation becomes effective.
---------------------------------------------------------------------------
\3\ Notably, the counties included in the 8-hour EAC area may
not directly correspond with all the counties included in the
previous 1-hour area for the similar geographic area.
---------------------------------------------------------------------------
The initial choice to enter into an EAC was voluntary on behalf of
the local officials and State air quality officials. EPA believes that
early planning and implementation of control measures that improve air
quality will likely accelerate protection of public health. The EAC
program allows participating State and local entities to make decisions
that will accelerate meeting the new 8-hour ozone standard using local
pollution control measures in addition to federally mandated measures.
While the choice of entering into an EAC was voluntary, all measures
adopted as part of the EAC are now being proposed for incorporation
into the SIP and will be mandatory and federally enforceable.
In Region 4, EPA initially received 22 requests to enter into EACs
in December 2002, including 100 counties in four states. Currently,
there are 17 areas and 85 counties included in the EAC program in four
states. Of those 17, only eight areas received a deferral of their
nonattainment designation. Five of the eight areas that have a deferred
nonattainment designation are now attaining the 8-hour ozone standard
and modeling attainment into the future. Consistent with EPA's EAC
Protocol, states with communities participating in the EAC program had
to submit plans for meeting the 8-hour ozone standard by December 31,
2004, rather than June 15, 2007, the CAA deadline for all other areas
not meeting the standard. The EAC Protocol further requires communities
to develop and implement air pollution control strategies, account for
emissions growth and demonstrate attainment by 2007 and maintenance for
at least five years of the 8-hour ozone standard. Greater details of
the EAC program are explained in EPA's December 16, 2003, (68 FR 70108)
proposed Federal Register document entitled ``Deferral of Effective
Date of Nonattainment Designations for 8-hour Ozone National Ambient
Air Quality Standards for Early Action Compact Areas.''
On December 20, December 27, and December 31, 2002, South Carolina
submitted signed EACs for the South Carolina-Georgia EAC Areas (see
Section I). Georgia EPD submitted materials supporting the Lower
Savannah EAC Area on December 31, 2002. The EACs were signed by
representatives of the local communities, State air quality officials
in both Georgia and South Carolina, and the Regional Administrator. The
South Carolina and Georgia EAC area designations are discussed further
in Section V of today's proposal. To date, the South Carolina-Georgia
EAC Areas have met all EAC milestones and, as long as EAC areas
continue to meet the agreed upon milestones, the nonattainment
designations will be deferred until April 15, 2008. At that time, EAC
areas with air quality monitoring data showing attainment for the years
2005-2007 that have met all compact milestones will be designated
attainment.
V. What Are the South Carolina-Georgia EAC Areas and Their Respective
8-hour Ozone Designations?
In April 2004, EPA designated areas as nonattainment for the 8-hour
ozone NAAQS based upon air quality monitoring data during the 2001-2003
ozone seasons. On April 30, 2004, (69 FR 23858) the EPA published a
Final Rule in the Federal Register designating the following EAC 8-hour
ozone nonattainment-deferred and
[[Page 30399]]
unclassifiable/attainment areas in South Carolina and Georgia:
South Carolina-Georgia EAC 8-hour Ozone Designations
----------------------------------------------------------------------------------------------------------------
EAC areas EAC 8-hour ozone designation
----------------------------------------------------------------------------------------------------------------
Appalachian Area:
Anderson County........................... Nonattainment-deferred.
Cherokee County........................... Unclassifiable/Attainment.
Greenville County......................... Nonattainment-deferred.
Oconee County............................. Unclassifiable/Attainment.
Pickens County............................ Unclassifiable/Attainment.
Spartanburg County........................ Nonattainment-deferred.
Catawba Area:
Chester County............................ Unclassifiable/Attainment.
Lancaster County.......................... Unclassifiable/Attainment.
Union County.............................. Unclassifiable/Attainment.
York County (partial) a................... Unclassifiable/Attainment.
Pee Dee Area:
Chesterfield County....................... Unclassifiable/Attainment.
Darlington County......................... Unclassifiable/Attainment.
Dillion County............................ Unclassifiable/Attainment.
Florence County........................... Unclassifiable/Attainment.
Marion County............................. Unclassifiable/Attainment.
Marlboro County........................... Unclassifiable/Attainment.
Waccamaw Area:
Georgetown County......................... Unclassifiable/Attainment.
Horry County.............................. Unclassifiable/Attainment.
Williamsburg County....................... Unclassifiable/Attainment.
Santee Lynches Area:
Clarendon County.......................... Unclassifiable/Attainment.
Kershaw County............................ Unclassifiable/Attainment.
Lee County................................ Unclassifiable/Attainment.
Sumter County............................. Unclassifiable/Attainment.
Berkeley-Charleston-Dorchester (B-C-D) Area:
Berkeley County........................... Unclassifiable/Attainment.
Charleston County......................... Unclassifiable/Attainment.
Dorchester County......................... Unclassifiable/Attainment.
Low Country Area:
Beaufort County........................... Unclassifiable/Attainment.
Colleton County........................... Unclassifiable/Attainment.
Hampton County............................ Unclassifiable/Attainment.
Jasper County............................. Unclassifiable/Attainment.
Lower Savannah Area (GA-SC):
Aiken County, SC.......................... Unclassifiable/Attainment.
Allendale County, SC...................... Unclassifiable/Attainment.
Bamburg County, SC........................ Unclassifiable/Attainment.
Barnwell County, SC....................... Unclassifiable/Attainment.
Calhoun County, SC........................ Unclassifiable/Attainment.
Orangeburg County, SC..................... Unclassifiable/Attainment.
Columbia County, GA....................... Unclassifiable/Attainment.
Richmond County, GA....................... Unclassifiable/Attainment.
Central Midlands Area:
Fairfield County.......................... Unclassifiable/Attainment.
Lexington County.......................... Nonattainment-deferred.
Newberry County........................... Unclassifiable/Attainment.
Richland County........................... Nonattainment-deferred.
Upper Savannah Area:
Abbeville County.......................... Unclassifiable/Attainment.
Edgefield County.......................... Unclassifiable/Attainment.
Greenwood County.......................... Unclassifiable/Attainment.
Laurens County............................ Unclassifiable/Attainment.
Saluda County............................. Unclassifiable/Attainment.
----------------------------------------------------------------------------------------------------------------
a the portion of York not designated nonattainment for 8-hour ozone in the Charlotte nonattainment area.
Currently, eight out of the ten South Carolina-Georgia EAC Areas do
not have deferred nonattainment designations and are participating in
the EAC process to demonstrate their support of cleaner air statewide.
There are only two areas, Appalachian and Central Midlands, in South
Carolina, with nonattainment-deferred designations that are
participating in the EAC program. Those counties in the Appalachian,
Anderson, Greenville, and Spartanburg, South Carolina areas are now
attaining the 8-hour ozone standard based on 2002-2004 air quality
monitoring data. Those counties in the Central Midlands, Lexington and
Richland, South Carolina areas are very close to the standard and are
modeling attainment by 2007. To date, the South Carolina-Georgia EAC
Areas have met all EAC milestones and,
[[Page 30400]]
as long as EAC areas continue to meet the agreed upon milestones, the
impact of the nonattainment designations will be deferred until April
15, 2008. At that time, EPA will evaluate the 8-hour ozone designations
for these areas.
VI. How Is Attainment Demonstrated for the 8-hour Standard With a
Photochemical Model?
In developing its SIP, an area will typically evaluate necessary
control measures using modeling programs to determine how that area can
meet and maintain the NAAQS. This process is no different for EAC areas
which used modeling and screening tests to evaluate attainment and
maintenance of the 8-hour ozone standard. The attainment tests use
ambient air quality monitored design values with model-generated ozone
concentration data. The test is applied at each monitor in the area as
well as applicable unmonitored modeling sites in the EAC area. A future
year design value is developed by multiplying the ratio of the future
year to current year model-predicted 8-hour daily maximum ozone
concentrations by a current design value. The current design value is
developed from air quality monitored data. Under EPA regulations at 40
CFR Part 50, the 8-hour ozone standard is attained when the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ambient ozone concentrations is less than or equal to 0.08 ppm. (See 69
FR 23857, April 30, 2004, for further information). If modeled
predicted future site-specific design values are less than 0.085 ppm at
each monitor site, the test is passed.\4\
---------------------------------------------------------------------------
\4\ Although the 8-hour ozone standard is 0.08 ppm, monitored
values less than 0.085 are rounded down to 0.08 whereas monitored
values equal to or greater than 0.085 are rounded up, and considered
to be an exceedance of the standard. The 8-hour ozone standard can
also be expressed in parts per billion and EPA often refers to
monitors meeting the standard if they monitor values less than 85
ppb.
---------------------------------------------------------------------------
A. How Was Attainment Demonstrated Through the South Carolina EAC
Modeling?
The South Carolina modeling was developed consistent with the EPA
draft modeling guidance and EAC Protocol guidance that was available
when the modeling was conducted. \5\ Note, the names of the areas used
in the modeling for attainment differ from the names of the EAC areas.
The South Carolina--Georgia EAC Areas and their modeled area
counterparts are presented in Table 1.
---------------------------------------------------------------------------
\5\ The EPA issued guidance on the air quality modeling that is
used to demonstrate attainment with the 8-hour ozone NAAQS. See U.S.
EPA, (1999), Draft Guideline on the Use of Models and Other Analysis
in Attainment Demonstrations for the 8-Hour Ozone NAAQS, EPA-454/R-
99-00413, (May 1999). A copy may be found on EPA's Web site at
https://www.epa.gov/ttn/scram/ (file name: ``DRAFT8HR'').
EPA, June, 2002. ``Protocol for Early Action Compacts Designed
to Achieve and Maintain the 8-Hour Ozone Standard''. Located at
https://www.epa.gov/ttn/naaqs/ozone/eac/.
``Appendix W to 40 CFR Part 51: Guideline on Air Quality
Models.'' Located at https://www.epa.gov/scram001/ (file name:
``Appendix W'').
Table 1.--Naming Convention for EAC Areas and Modeled Areas
----------------------------------------------------------------------------------------------------------------
EAC area Modeled areas with monitors
----------------------------------------------------------------------------------------------------------------
Appalachian................................. Anderson/Greenville/Spartanburg.
Catawba..................................... Rock Hill.
PeeDee...................................... Darlington/Florence.
Waccamaw.................................... Coastal Sites.
Santee Lynches.............................. Area without monitors.
Berkeley, Charleston, Dorchester............ Coastal Sites without monitors.
Low Country................................. Coastal Sites.
Lower Savannah.............................. Aiken/Augusta.
Central Midlands............................ Columbia.
Upper Savannah.............................. Anderson/Greenville/Spartanburg.
----------------------------------------------------------------------------------------------------------------
Although EPA guidance recommends use of a 1999 inventory for EAC
areas, South Carolina's use of a 1998 inventory was allowed for a
number of reasons. Most notably, the 1998 emissions inventory is
considered more representative and conservative than the1999 emissions
inventory. Other reasons are discussed in the South Carolina Technical
Support Document (TSD). In evaluating South Carolina's request to use
1998 data, the State presented a comparison between the 1999 National
Emissions Inventory and the 1998 State inventory. Although a
discrepancy existed in the estimation of the area source emissions, the
State was able to explain how the conclusions for attainment would not
be compromised with the use of the 1998 emissions. Therefore, the
State's analysis indicates that use of the 1998 inventory is acceptable
for demonstrating attainment in EAC areas. (The TSDs to this document
contain a more detailed discussion of this issue and other areas of the
technical demonstration for attainment and maintenance.)
Using 1998 as its ``current year,'' the South Carolina modeling
predicted that the State would attain the 8-hour ozone standard at all
EAC area monitors for the future years of 2007, 2012 and 2017. The
higher of the 1997-1999 and 2001-2003 design values were used in the
application of the modeled and screening tests for the EAC modeling.
The future-predicted design values using the South Carolina modeling
are presented in Table 2. South Carolina--Georgia EAC Areas were
modeling attainment without incorporating the local EAC measures into
the modeling. Therefore, these additional measures, that will be
required by the South Carolina and Georgia SIPs, will provide
additional air quality benefits beyond what was presented in this
modeling.
[[Page 30401]]
Table 2.--South Carolina--Georgia EAC Future Design Values (ppb)
----------------------------------------------------------------------------------------------------------------
2007 DVF 2012 DVF 2017 DVF
Area/county Monitor (ppb) (ppb) (ppb)
----------------------------------------------------------------------------------------------------------------
Aiken/Augusta EAC Area
----------------------------------------------------------------------------------------------------------------
Aiken................................. Jackson................. 72 72 70
Barnwell.............................. Barnwell................ 71 71 69
Edgefield............................. Trenton................. 72 69 67
Richmond, GA.......................... Augusta................. 77 75 74
---------------------------------------
Anderson/Greenville/Spartanburg EAC Area
----------------------------------------------------------------------------------------------------------------
Abbeville............................. Due West................ 78 69 66
Anderson.............................. Powdersville............ 84 80 78
Cherokee.............................. Cowpens................. 80 78 76
Oconee................................ Long Creek.............. 74 72 71
Pickens............................... Clemson................. 80 77 75
Spartanburg........................... North Spartanburg Fire 81 80 79
Station.
Union................................. Delta................... 73 67 64
---------------------------------------
Columbia EAC Area
----------------------------------------------------------------------------------------------------------------
Richland.............................. Parklane................ 79 77 76
Richland.............................. Sandhill................ 80 77 75
Richland.............................. Congaree Bluff.......... 61 59 58
---------------------------------------
Darlington/Florence EAC Area
----------------------------------------------------------------------------------------------------------------
Darlington............................ Pee Dee................. 77 74 73
---------------------------------------
Rock Hill EAC Area
----------------------------------------------------------------------------------------------------------------
Chester............................... Chester................. 82 77 75
York.................................. York.................... 78 74 73
---------------------------------------
Coastal Sites EAC Area
----------------------------------------------------------------------------------------------------------------
Berkeley.............................. Bushy Park.............. 69 67 66
Charleston............................ Army Reserve............ 66 64 63
Charleston............................ Cape Romain............. 71 68 69
Colleton.............................. Ashton.................. 68 66 64
Williamsburg.......................... Indiantown.............. 61 61 60
----------------------------------------------------------------------------------------------------------------
B. How Was Supplemental Modeling Developed by Georgia Used in the
Demonstration for Attainment in South Carolina?
The Lower Savannah (Aiken/Augusta) EAC area is a multi-state area
that includes counties in both Georgia and South Carolina. This area
was designated attainment for the 8-hour ozone standard on June 15,
2004. Both states independently developed 8-hour ozone attainment
demonstrations for the Aiken/Augusta EAC area. The Georgia modeling was
developed consistent with existing EPA modeling and EAC Protocol
guidance and is discussed in greater detail in the Georgia TSD. In
Georgia, the air quality modeled concentrations were developed using
the Community Multiscale Air Quality (CMAQ), a regional- and urban-
scale, nested-grid photochemical air quality model. A current year of
2000 was modeled for the attainment test. Georgia's modeling
demonstrated attainment of the 8-hour ozone standard for the future
years of 2007 and 2012 for the Lower Savannah (Aiken/Augusta) EAC area
using current design values from 1999-2001. This modeling by Georgia
strengthens the results of South Carolina's modeling because the future
year results are consistent in concluding attainment and maintenance of
the 8-hour ozone standard. A comparison of the future-predicted design
values as independently developed in the South Carolina and Georgia
modeling are presented in Table 3.
Table 3.--Aiken/Augusta Future Design Values (ppb) From South Carolina
and Georgia
------------------------------------------------------------------------
2007 2012
Augusta EAC area county DVF DVF
(ppb) (ppb)
------------------------------------------------------------------------
Richmond, GA
------------------------------------------------------------------------
SC results............................................ 77 75
GA results............................................ 77 73
-------------------------------------------------------
Aiken, SC
------------------------------------------------------------------------
SC results............................................ 72 72
GA results............................................ 75 72
-------------------------------------------------------
Edgefield, SC
------------------------------------------------------------------------
SC results............................................ 72 69
GA results............................................ 70 66
-------------------------------------------------------
Barnwell, SC
------------------------------------------------------------------------
SC results............................................ 71 71
GA results............................................ 71 70
------------------------------------------------------------------------
[[Page 30402]]
C. What Is the Maintenance for Growth Plan for the EAC Areas?
In addition to control measures designed to attain and maintain the
8-hour ozone standard, South Carolina's EAC SIP submittal also includes
a comprehensive maintenance plan. Specific details on the maintenance
plan are contained in the South Carolina EAC SIP. In summary, South
Carolina proposes to implement a maintenance plan similar to the
requirements for section 175A of the Clean Air Act, which requires
maintenance plans to be submitted for all areas redesignated from
nonattainment to attainment. EPA's EAC Protocol required demonstration
of maintenance of the 8-hour ozone standard through 2012; South
Carolina's maintenance plan models attainment through 2017. The South
Carolina EAC maintenance plan includes the following:
An attainment demonstration for the 2007-2017 period.
Future design values developed through modeling for 2007, 2012 and 2017
that are below 85 ppb at all monitors in the EAC areas; Table 2
presents these attainment test results.
A commitment for a mid-point evaluation in 2012.
A commitment to develop the maintenance plan for a second
10-year period for 2017-2027 and a schedule for developing that plan
including emission inventories and air quality modeling:
December 2004--SC DHEC submits EAC SIP, covering both
attainment date of 2007 and first 10-year maintenance period through
2017.
April 2005--SC DHEC and EAC areas implement EAC measures.
December 2005--First annual tracking report is submitted
to EPA.
December 2006--Second annual tracking report is submitted
to EPA.
December 2007--Attainment date.
December 2007--Third annual tracking report is submitted
to EPA.
April 2008--EPA designates area attainment for the 8-hour
standard providing areas have 3 years of quality assured data showing
attainment.
December 2008--Fourth annual tracking report is submitted
to EPA and continues for each year thereafter through the end of the
maintenance period.
January 2013--SC DHEC begins work on 10-year maintenance
plan update.
December 2015--Submits 10-year maintenance plan update.
December 2027--20-year maintenance plan and annual
tracking for growth concludes.
Commitment to update the EAC plan and submit to EPA in
2015.
Commitment to annually track stationary and highway mobile
source emissions Provides triggers (emissions growth thresholds and
rates) and actions (air quality analyses, modeling and adopting
additional controls) to be performed to address emission growth.
Based on the tracking of the growth of stationary source
emissions, the maintenance plan commits to adopt and implement
additional control measures, if needed, throughout the maintenance
period.
Commitment to perform air quality analyses reviews and
report each December.
Commitments for tracking and taking follow-up actions are
in force unless the 8-hour ozone standard is revoked in the future.
South Carolina believes that would happen only in the event that EPA
revises or revokes the current 8-hour ozone standard of 0.08 parts per
million. To date, EPA has not proposed any revisions to the ozone
NAAQS.
Commitment to evaluate, in 2008, whether or not a full
modeling update is needed for all EAC areas.
Provides the following timeline of actions and submittals
for the maintenance plan from December 2004 to December 2027.
In addition to South Carolina's maintenance plan, the Georgia
modeling indicates that maintenance of the 8-hour ozone standard will
likely continue beyond the 2007 attainment date for the Aiken/Augusta
EAC area. For further information, refer to Appendix 17--Augusta Early
Action Compact Ozone State Implementation Plan Revision of the South
Carolina EAC submittal. The Georgia and South Carolina TSDs are
available in the electronic public docket, RME ID No. R04-OAR-2005-GA-
0001 and R04-OAR-2005-SC-0001 (see the ADDRESSES section of this notice
for further information on RME).
D. What Are EPA's Conclusions on the EAC Technical Demonstration for
Attainment and Maintenance?
EPA evaluation of the South Carolina and Georgia EAC modeling
indicates that the South Carolina-Georgia EAC Areas will attain and
maintain the 8-hour ozone standard at least until 2017. Even though the
South Carolina and Georgia modeling demonstrations were independently
developed using different assumptions, inventories, episodes, and
models, the results were similar--consistent levels of future
attainment are indicated and the future design values are below 85 ppb
and within 3 ppb of each other for the Aiken/Augusta area. EPA's
analysis indicates that the appropriate data and procedures were used
to assess 8-hour ozone attainment for the Aiken/Augusta EAC areas, and
all other South Carolina-Georgia EAC Areas. EPA's analysis moreover
indicates that the combinations of local scale modeling and control
strategies demonstrate attainment of the 8-hour ozone NAAQS for each
South Carolina EAC area. Additional details of the South Carolina and
Georgia EAC modeling are presented in the TSDs for the two state
submittals.
VII. What Measures Are Included in This EAC SIP Submittal?
The South Carolina and Georgia EACs incorporate both local and
statewide control measures to attain and maintain the 8-hour ozone
standard. Many of the measures outlined for inclusion in the SIP are
not necessary for attainment or maintenance of the 8-hour ozone
standard, but are additional measures that will improve air quality and
South Carolina and Georgia have committed to implementing these
additional measures through the EAC program.
Some of the measures used to model attainment are federal measures
(national and regional measures) such as Phase I of the NOX
SIP Call, which regulates nitrogen oxides emitted from large
facilities, and Tier 2 vehicle standards, which affect all passenger
vehicles in a manufacturer's fleet. South Carolina's modeling also
included statewide measures. As part of its commitment to cleaner air
quality sooner, South Carolina promulgated amendments to Regulation 61-
62, Air Pollution Control Regulations and Standards by adding
regulation 61-62.5 Standard No. 5.2, Control of Oxides of Nitrogen
(NOX) and revising Regulation 61-62.2--Prohibition of Open
Burning. Regulation 61-62.5 Standard No. 5.2, Control of Oxides of
Nitrogen (NOX) applies to new and existing stationary
sources that emit NOX from fuel combustion and have not
undergone a best available control technology (BACT) analysis for
NOX. The regulation is designed primarily to assist with the
issue of growth and is also geared toward smaller sources that fall
below the applicability thresholds for prevention of significant
deterioration (PSD). These are sources that, for the most part, would
not otherwise be required to install NOX controls. For new
sources, the regulation requires the installation of control technology
that is based on BACT standards found in the national RACT/BACT/LAER
clearinghouse. For existing sources, the regulation only applies when
an applicable unit replaces its burner. At this point, the facility
would be required
[[Page 30403]]
to replace the burner with a low NOX burner or equivalent
technology capable of achieving at least a 30 percent reduction from
uncontrolled levels.
The second statewide measure is additional restrictions on open
burning. Regulation 61-62.2, Prohibition of Open Burning has been
revised and deletes the exception for the burning of household trash
and allows for certain residential construction waste to be burned only
outside of the ozone season of April 1 through October 30. Therefore
only certain types of ``clean'' wastes can be burned year round. A
detailed description of the estimated NOX reductions can be
found in Appendix 13--Estimated Emissions Reductions Achieved by R.61-
62.2, Prohibition of Open Burning, and by R.61-62.5, Control of Oxides
of Nitrogen and in Appendix 16--County Level Emission Reductions and
Descriptions for the Ozone Early Action Compact Areas, as part of the
county level emission reductions for the EAC areas. These regulations
will be applicable statewide and have also been submitted to EPA for
incorporation into the SIP. Once approved, these regulations will be
federally enforceable.
In addition to the measures adopted statewide, the South Carolina
SIP submittal also includes many local measures to be incorporated into
the SIP. This occurs primarily in the nonattainment-deferred county
descriptions which contains detailed local measures with estimated
reductions. For all county level emissions reductions, see Appendix
16--County Level Emission Reductions and Descriptions for the Ozone
Early Action Compact Areas. These measures are outlined in the table
below:
County Level Emission Reductions in South Carolina EAC Nonattainment-Deferred Areas
----------------------------------------------------------------------------------------------------------------
Emissions reduction actual or potential
Commitment Implementation -----------------------------------------------------------
strategies NOX VOC CO
----------------------------------------------------------------------------------------------------------------
SC 61-62.5, Std. 5.2, ``Control SIP (federal and 2,913 tons\b\..... Not avail......... Not avail.
of Oxides Nitrogen''--New State State).
Regulation.
SC 61-62.2, ``Prohibition of SIP (federal and 147 tons\c\....... 698 tons.......... Not avail.
Open Burning--Modified State state).
Regulation (PM reductions as
well).
Smart Highways--Modified version N/A (federal upon 0................. 0................. 0
of Transportation Conformity final SIP
(deferred areas). approval).
Voluntary permit limit by SCE & Through the MOA 40% red........... 0................. 0
G--Wateree (Richland County). until
modification of
the Title V
permit, then
enforceable
through the
permit (federal
and state).
Voluntary permit reduction of Through the MOA 0................. 0................. 0
1,000 tons by International until
Paper (Richland). modification of
the Title V
permit, then
enforceable
through the
permit (federal
and state).
Voluntary control equipment Federal and state 850 tons.......... Not avail......... Not avail.
installation at Duke Power-- (Permit).
Installation of advanced low
NOX burners on Units 1 and 2.
Changes will result in emission
limits reducing from 0.40lb/
MMBtu to 0.24lb/MMBtu(Anderson).
Voluntary early installation of Federal and state 2,561 tons........ Not avail......... Not avail.
control equipment at Transco (Permit).
Pipeline--Operating Permit 2060-
0179. Transco has 14 natural
gas fired internal combustion
(IC) engines that collectively
accounted for 3,822 tons of
ozone season NOX emissions in
1997. Transco has submitted a
construction permit application
to put on NOX controls that
will result in 1,261 tons of
ozone season NOX emissions. The
permit was approved on April
27, 2004.
Truck Stop Electrification Federal and state 36.2 tons......... 1.84 tons......... 15.3 tons.
Project (Anderson) 51 spaces (MOA).
were outfitted with Idle Aire
Technology.
School Bus Retrofit Project Federal and state 0................. 391 lbs........... 2,737 lbs.
(Anderson) Approximately 23 (MOA).
diesel buses will be
retrofitted with particulate
filters during 2006..
School Bus Retrofit Project Federal and state 0................. 799 lbs........... 5,593 lbs.
(Greenville) Approximately 47 (MOA).
diesel buses will be
retrofitted with particulate
filters during 2006..
School Bus Retrofit Project Federal and state 0................. 340 lbs........... 2,380 lbs.
(Spartanburg) Approximately 20 (MOA).
diesel buses will be
retrofitted with particulate
filters during 2006..
School Bus Retrofit Project Federal and state 0................. 476 lbs........... 3,332 lbs.
(Lexington) Approximately 28 (MOA).
diesel buses will be
retrofitted with particulate
filters during 2006..
[[Page 30404]]
School Bus Retrofit Project Federal and state 0................. 357lbs............ 2,499 lbs.
(Richland) Approximately 21 (MOA).
diesel buses will be
retrofitted with particulate
filters during 2006..
Gas Can Exchange Events--115 N/A (federal upon 0................. 711lbs............ 0.
cans were exchanged final SIP
(Greenville). approval).
Gas Can Exchange Events--250 N/A (federal upon 0................. 823 lbs........... 0.
cans were distributed final SIP
(Lexington and Richland). approval).
Improvements to Park and Ride County............ 476 lbs........... 924 lbs........... 7,297 lbs.
lot at Highway 378 and I-20
(Lexington).
Conversion of Commercial Vehicle N/A (federal upon 1,638 lbs......... 1,300 lbs......... 8,244 lbs.
Fleet to Propane--(Lexington). final SIP
approval).
Biodiesel Buses, University of N/A (federal upon 25 lbs............ 12 lbs............ 34 lbs.
South Carolina. (Richland). final SIP
approval).
University of South Carolina N/A (federal upon 18 lbs............ 19 lbs............ 1,250 lbs.
Ethanol Project (Richland). final SIP
approval).
Take a Break from the Exhaust State............. 393 lbs........... 568 lbs........... 5,494 lbs.
program (Lexington, Newberry,
Kershaw, and Richland).
SC DHEC has a number of flex N/A (federal upon 103 lbs........... 104 lbs........... 6,030 lbs.
fuel vehicles that run almost final SIP
exclusively on E85. (Richland). approval).
Ethanol (E85) refueling station N/A (federal upon 621 lbs........... 162 lbs........... 2,369 lbs.
for public (Richland). final SIP
approval).
Smart Ride--Mass Transit Program N/A (federal upon 207 lbs........... 153 lbs........... 3,166 lbs.
(Lexington, Newberry, Kershaw, final SIP
and Richland). approval).
---------------------
Totals from SC's Ozone Early 6,522 Tons........ 703 Tons.......... 36 Tons ..........
Action Program.
----------------------------------------------------------------------------------------------------------------
b Potential reductions.
c The anticipated reductions noted here are from the ban imposed on the burning of residential construction
waste only. Further reductions are expected to result from other revisions to the Open Burning regulation that
are more difficult to quantify. For instance, the burning of household trash generates 2,379 tons of NOX and
11,896 tons of VOCs annually. The revision to the regulation that occurred through this process closed a
loophole that had allowed household trash to be burned under certain circumstances. While it is not clear the
exact amount of reductions that will result from this revision, it is certain that additional reductions in
both NOX and VOCs will occur.
In addition to measures being implemented throughout the state of
South Carolina, similar measures in the state of Georgia are likely to
positively impact air quality in the Lower Savannah (Aiken/Augusta) EAC
area. There are two counties in Georgia, Richmond and Columbia,
participating in the Early Action Compact Program as a part of the
Upper Savannah area. Georgia has statewide control measures that will
be implemented and they are an open burning ban during the ozone season
and Stage I Vapor Recovery. In addition to the open burning bans and
Stage I Vapor Recovery measures, Richmond County and the City of
Augusta may be pursuing a number of local measures, such as
distributing information at public meetings about air quality and the
impact of air pollution on human health, implementing projects in the
regional bicycle and pedestrian plan, and smog alerts. A more detailed
list of control measures under consideration was submitted with the
December 2003 milestone report. Attachment B of the Georgia (Augusta)
EAC SIP submittal contains a copy of a resolution of support for the
Augusta EAC that the Augusta/Richmond Council adopted on April 20,
2004. The Georgia EPD has not incorporated any quantitative emission
reductions from any current or planned local measures into the
demonstration contained in this SIP.
VIII. What Happens if the Area Does Not Meet the EAC Commitments or
Milestones?
In the April 30, 2004, (69 FR 23858) Final Rulemaking, EPA
designated the counties of Anderson, Greenville, and Spartanburg, and
partial counties of Lexington and Richland as nonattainment-deferred
for the 8-hour ozone standard. In accordance with the April 30, 2004,
(69 FR 23858) Final Rulemaking, the effective date of nonattainment for
these counties in the EAC areas of Appalachian and Central Midlands,
respectively, (see Section V) has been deferred until September 30,
2005. The measures outlined in the South Carolina and Georgia EAC SIP
submittals provide every indication that the South Carolina-Georgia EAC
Areas will attain the 8-hour ozone standard by December 31, 2007 and
complete each milestone and action agreed upon in the compact. However,
if one milestone is missed, EPA will take action to propose and
promulgate a finding of failure to meet the milestone, and to withdraw
the deferred effective date of the nonattainment designation.
IX. Why Are We Proposing To Approve This EAC SIP Submittal?
We are proposing to approve this EAC SIP submittal because the SIP
submittals demonstrate attainment of the 8-hour ozone standard by
December 31, 2007, and maintenance of that standard through 2017 in
South Carolina and 2012 for Georgia. We have reviewed the submittals
and determined that they are consistent with the requirements of the
Act, EPA's policy, and the EAC Protocol. The TSDs for each state
contain additional and more detailed information concerning this
proposed action.
Approving the EAC submittals into the SIP will also mean that
measures and controls identified therein become federally enforceable
and the ten South Carolina-Georgia EAC Areas' citizens will start to
benefit from reductions in
[[Page 30405]]
air pollution earlier than the statutory deadlines. See Section VII of
this proposal for the description of air pollution control measures.
Finally, it means that EPA has determined that the EAC areas have
continued to fulfill the milestones and obligations of the EAC Program.
In a separate action, EPA will take action proposing to defer the
effective date of nonattainment designation for these areas until
December 31, 2006, so long as the areas continue to fulfill the EAC
obligations, including semi-annual reporting requirements,
implementation of the measures in the EAC submittal by December 31,
2005, and a progress assessment by June 30, 2006.
X. Proposed Action
EPA is proposing to approve the attainment demonstration and the
South Carolina-Georgia EACs of Appalachian, Catawba, Pee Dee, Waccamaw,
Santee Lynches, Berkeley-Charleston-Dorchester, Low Country, Lower
Savannah, Central Midlands, and Upper Savannah areas and incorporate
these into the South Carolina and Georgia SIPs. The modeling of ozone
concentrations and ozone precursor emissions from sources in the 47
counties within the South Carolina-Georgia EAC Areas demonstrate that
the specified control strategies will provide for attainment of the 8-
hour ozone NAAQS by December 31, 2007. These specified control
strategies are consistent with the EAC program.
XI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it 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).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
actions, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05-10475 Filed 5-25-05; 8:45 am]
BILLING CODE 6560-50-P
