Approval and Promulgation of Implementation Plans; South Carolina; 110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standards, 14606-14611 [2011-6270]
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Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Nitrogen dioxides,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 5, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011–6224 Filed 3–16–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0721–201040; FRL–
9282–4]
Approval and Promulgation of
Implementation Plans; South Carolina;
110(a)(1) and (2) Infrastructure
Requirements for the 1997 8-Hour
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
the State Implementation Plan (SIP)
submission submitted by the State of
South Carolina, through the Department
of Health and Environmental Control
(DHEC), to demonstrate that the State
meets the requirements of sections
110(a)(1) and (2) of the Clean Air Act
(CAA or Act) for the 1997 8-hour ozone
national ambient air quality standards
(NAAQS). Section 110(a) of the CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance and enforcement of each
NAAQS promulgated by the EPA, which
is commonly referred to as an
‘‘infrastructure’’ SIP. South Carolina
certified that the South Carolina SIP
contains provisions that ensure the 1997
8-hour ozone NAAQS are implemented,
enforced, and maintained in South
Carolina (hereafter referred to as
‘‘infrastructure submission’’). South
Carolina’s infrastructure submission,
provided to EPA on December 13, 2007,
addressed all the required infrastructure
elements for the 1997 8-hour ozone
NAAQS.
DATES: Written comments must be
received on or before April 18, 2011.
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SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2010–0721, by one of the
following methods:
1. https://www.regulations.gov: Follow
the online instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9140.
4. Mail: ‘‘EPA–R04–OAR–2010–0721,’’
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.
5. Hand Delivery or Courier: Lynorae
Benjamin, 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. 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 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2010–
0721. 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://
www.regulations.gov, 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 through https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, 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 https://
www.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
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you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
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ADDRESSES:
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viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
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 https://
www.regulations.gov 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 person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
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 be reached via electronic
mail at ward.nacosta@epa.gov.
Table of Contents
I. Background
II. What elements are required under
Sections 110(a)(1) and (2)?
III. What is EPA’s analysis of how South
Carolina addressed the elements of
Sections 110(a)(1) and (2)
‘‘infrastructure’’ provisions?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, EPA promulgated a
new NAAQS for ozone based on 8-hour
average concentrations. The 8-hour
averaging period replaced the previous
1-hour averaging period, and the level of
the NAAQS was changed from 0.12
parts per million (ppm) to 0.08 ppm.
See 62 FR 38856. Pursuant to section
110(a)(1) of the CAA, states are required
to submit SIPs meeting the requirements
of section 110(a)(2) within three years
after promulgation of a new or revised
NAAQS. Sections 110(a)(2) require
states to address basic SIP requirements,
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including emissions inventories,
monitoring, and modeling to assure
attainment and maintenance of the
NAAQS. States were required to submit
such SIPs for the 1997 8-hour ozone
NAAQS to EPA no later than June 2000.
However, intervening litigation over the
1997 8-hour ozone NAAQS created
uncertainty about how to proceed and
many states did not provide the
required ‘‘infrastructure’’ SIP submission
for these newly promulgated NAAQS.
On March 4, 2004, Earthjustice
submitted a notice of intent to sue
related to EPA’s failure to issue findings
of failure to submit related to the
‘‘infrastructure’’ requirements for the
1997 8-hour ozone NAAQS. EPA
entered into a consent decree with
Earthjustice which required EPA, among
other things, to complete a Federal
Register notice announcing EPA’s
determinations pursuant to section
110(k)(1)(B) as to whether each state had
made complete submissions to meet the
requirements of section 110(a)(2) for the
1997 8-hour ozone NAAQS by
December 15, 2007. Subsequently, EPA
received an extension of the date to
complete this Federal Register notice
until March 17, 2008, based upon
agreement to make the findings with
respect to submissions made by January
7, 2008. In accordance with the consent
decree, EPA made completeness
findings for each state based upon what
the Agency received from each state as
of January 7, 2008.
On March 27, 2008, EPA published a
final rulemaking entitled,
‘‘Completeness Findings for Section
110(a) State Implementation Plans;
8-Hour Ozone NAAQS,’’ making a
finding that each state had submitted or
failed to submit a complete SIP that
provided the basic program elements of
section 110(a)(2) necessary to
implement the 1997 8-hour ozone
NAAQS. See 73 FR 16205. For those
states that did receive findings, the
findings of failure to submit for all or a
portion of a state’s implementation plan
established a 24-month deadline for
EPA to promulgate a Federal
Implementation Plan to address the
outstanding SIP elements unless, prior
to that time, the affected states
submitted, and EPA approved, the
required SIPs.
The findings that all or portions of a
state’s submission are complete
established a 12-month deadline for
EPA to take action upon the complete
SIP elements in accordance with section
110(k). South Carolina’s infrastructure
submission was received by EPA on
December 13, 2007, and was determined
to be complete on March 27, 2008.
South Carolina was among other states
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that did not receive a finding of failure
to submit because it provided a
complete submission to EPA to address
the infrastructure elements for the 1997
8-hour ozone NAAQS by March 1, 2008.
Today’s action is proposing to approve
South Carolina’s infrastructure
submission for which EPA made the
completeness determination on March
27, 2008. This action is not approving
any specific rule, but rather proposing
that Alabama’s already approved SIP
meets certain CAA requirements.
II. What elements are required under
Sections 110(a)(1) and (2)?
Section 110(a) of the CAA requires
states to submit SIPs to provide for the
implementation, maintenance, and
enforcement of a new or revised
NAAQS within three years following
the promulgation of such NAAQS, or
within such shorter period as EPA may
prescribe. Section 110(a) imposes the
obligation upon states to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. In
particular, the data and analytical tools
available at the time the state develops
and submits the SIP for a new or revised
NAAQS affects the content of the
submission. The contents of such SIP
submissions may also vary depending
upon what provisions the state’s
existing SIP already contains. In the
case of the 1997 8-hour ozone NAAQS,
states typically have met the basic
program elements required in section
110(a)(2) through earlier SIP
submissions in connection with
previous ozone NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIPs. Section 110(a)(2)
lists specific elements that states must
meet for ‘‘infrastructure’’ SIP
requirements related to a newly
established or revised NAAQS. As
mentioned above, these requirements
include SIP infrastructure elements
such as modeling, monitoring, and
emissions inventories that are designed
to assure attainment and maintenance of
the NAAQS. The requirements that are
the subject of this proposed rulemaking
are listed below 1 and in EPA’s October
1 Two elements identified in section 110(a)(2) are
not governed by the three year submission deadline
of section 110(a)(1) because SIPs incorporating
necessary local nonattainment area controls are not
due within three years after promulgation of a new
or revised NAAQS, but rather due at the time the
nonattainment area plan requirements are due
pursuant to section 172. These requirements are:
(1) Submissions required by section 110(a)(2)(C) to
the extent that subsection refers to a permit program
as required in part D Title I of the CAA, and (2)
submissions required by section 110(a)(2)(I) which
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2, 2007, memorandum entitled
‘‘Guidance on SIP Elements Required
Under Section 110(a)(1) and (2) for the
1997 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards.’’
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
• 110(a)(2)(C): Program for
enforcement of control measures.2
• 110(a)(2)(D): Interstate transport.3
• 110(a)(2)(E): Adequate resources.
• 110(a)(2)(F): Stationary source
monitoring system.
• 110(a)(2)(G): Emergency power.
• 110(a)(2)(H): Future SIP revisions.
• 110(a)(2)(I): Areas designated
nonattainment and meet the applicable
requirements of part D.4
• 110(a)(2)(J): Consultation with
government officials; public
notification; and PSD and visibility
protection.
• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
III. What is EPA’s analysis of how
South Carolina addressed the elements
of the Sections 110(a)(1) and (2)
‘‘infrastructure’’ provisions?
The South Carolina infrastructure
submission addresses the provisions of
sections 110(a)(1) and (2) as described
below.
pertain to the nonattainment planning requirements
of part D, Title I of the CAA. Today’s proposed
rulemaking does not address infrastructure
elements related to section 110(a)(2)(I) or the
nonattainment planning requirements of
110(a)(2)(C).
2 This rulemaking only addresses requirements
for this element as they relate to attainment areas.
3 Today’s proposed rule does not address element
110(a)(2)(D)(i) (Interstate Transport) for the 1997
8-hour ozone NAAQS. Interstate transport
requirements were formerly addressed by South
Carolina consistent with the Clean Air Interstate
Rule (CAIR). On December 23, 2008, CAIR was
remanded by the DC Circuit Court of Appeals,
without vacatur, back to EPA. See North Carolina
v. EPA, 531 F.3d 896 (DC Cir. 2008). Prior to this
remand, EPA took final action to approve South
Carolina’s SIP revision, which was submitted to
comply with CAIR. See 72 FR 57209 (October 9,
2007). In so doing, South Carolina’s CAIR SIP
revision addressed the interstate transport
provisions in Section 110(a)(2)(D)(i) for the 1997
8-hour ozone NAAQS. In response to the remand
of CAIR, EPA has since proposed a new rule to
address the interstate transport of NOX and SOX in
the eastern United States. See 75 FR 45210 (Aug.
2, 2010) (‘‘the Transport Rule’’). However, because
this rule has yet to be finalized, EPA’s action on
element 110(a)(2)(D)(i) will be addressed in a
separate action.
4 This requirement was inadvertently omitted
from EPA’s October 2, 2007, memorandum entitled
‘‘Guidance on SIP Elements Required Under Section
110(a)(1) and (2) for the 1997 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards,’’ but
as mentioned above is not relevant to today’s
proposed rulemaking.
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1. 110(a)(2)(A): Emission limits and
other control measures: South
Carolina’s SIP provides an overview of
the provisions of the South Carolina Air
Pollution Control Regulations relevant
to air quality control regulations. The
regulations described below have been
federally approved in the South
Carolina SIP and include enforceable
emission limitations and other control
measures. Regulation 61–62.5, Standard
No. 2, Ambient Air Quality Standards,
and Regulation 61–62.1, Definitions and
General Requirements, establish
emission limits for ozone and addresses
the required control measures, means
and techniques for compliance of the
ozone NAAQS respectively. In addition,
South Carolina’s state-only Regulation
61–30 gives the DHEC the authority to
levy fees for permits and establishes
schedules for timely action on permit
applications. EPA has made the
preliminary determination that the
provisions contained in these chapters
and South Carolina’s practices are
adequate to protect the 1997 8-hour
ozone NAAQS in the State.
In this action, EPA is not proposing to
approve or disapprove any existing
State provisions with regard to excess
emissions during startup, shutdown, or
malfunction (SSM) of operations at a
facility. EPA believes that a number of
states have SSM provisions which are
contrary to the CAA and existing EPA
guidance, ‘‘State Implementation Plans:
Policy Regarding Excess Emissions
During Malfunctions, Startup, and
Shutdown’’ (September 20, 1999), and
the Agency plans to address such state
regulations in the future. In the
meantime, EPA encourages any state
having a deficient SSM provision to take
steps to correct it as soon as possible.
Additionally, in this action, EPA is
not proposing to approve or disapprove
any existing State rules with regard to
director’s discretion or variance
provisions. EPA believes that a number
of states have such provisions which are
contrary to the CAA and existing EPA
guidance (52 FR 45109 (November 24,
1987)), and the Agency plans to take
action in the future to address such state
regulations. In the meantime, EPA
encourages any state having a director’s
discretion or variance provision which
is contrary to the CAA and EPA
guidance to take steps to correct the
deficiency as soon as possible.
2. 110(a)(2)(B) Ambient air quality
monitoring/data system: South
Carolina’s SIP Regulation 61–62.5,
Standard No. 7, Prevention of
Significant Deterioration, along with the
South Carolina Network Description
and Ambient Air Network Monitoring
Plan provides for an ambient air quality
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monitoring system in the State.
Annually, EPA approves the ambient air
monitoring network plan for the state
agencies. On July 1, 2010, South
Carolina submitted its plan to EPA. On
September 23, 2010, EPA approved
South Carolina’s monitoring network
plan. South Carolina’s approved
monitoring network plan can be
accessed at https://www.regulations.gov
using Docket ID No. EPA–R04–OAR–
2010–0721. EPA has made the
preliminary determination that South
Carolina’s SIP and practices are
adequate for the ambient air quality
monitoring and data system related to
the 1997 8-hour ozone NAAQS.
3. 110(a)(2)(C) Program for
enforcement of control measures
including review of proposed new
sources: Regulation 61–62.5, Standard
No. 7, Prevention of Significant
Deterioration, and Regulation 61–62.5,
Standard No. 7.1, Nonattainment New
Source Review, of South Carolina’s SIP
pertain to the construction of any new
major stationary source or any project at
an existing major stationary source in an
area designated as attainment or
unclassifiable. On July 1, 2005, DHEC
submitted a Prevention of Significant
Deterioration/New Source Review (PSD/
NSR) SIP revision to EPA for approval.
In August 2007, EPA sent a letter to
DHEC indicating that the submittal
required modification. Upon
commitment from South Carolina to
address these changes, EPA took final
action on June 2, 2008, to partially
approve, disapprove, and conditionally
approve revisions to the SIP originally
submitted by the State on July 1, 2005.
South Carolina later fulfilled the
requirements of the conditional
approval through a SIP revision,
submitted to EPA on April 14, 2009.
Further, on December 2, 2010, South
Carolina submitted, for parallel
processing, a SIP revision which
addresses the Ozone Implementation
NSR Update requirements to include
nitrogen oxides (NOX) as an ozone
precursor for permitting purposes.
Specifically, the Ozone Implementation
NSR Update requirements include
changes to major source thresholds for
sources in certain classes of
nonattainment areas, changes to offset
ratios for marginal, moderate, serious,
severe, and extreme ozone
nonattainment areas, provisions
addressing offset requirements for
facilities that shut down or curtail
operation, and a requirement stating
that NOX emissions are ozone
precursors. EPA is currently proposing
approval of South Carolina’s December
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2, 2010, submission in a rulemaking
separate from today’s action.
On June 11, 2010, the South Carolina
Governor signed an Executive Order to
confirm that the State had authority to
implement appropriate emission
thresholds for determining which new
stationary sources and modification
projects become subject to PSD
permitting requirements for their GHG
emissions at the state level. On
December 30, 2010, EPA published a
final rulemaking, ‘‘Action To Ensure
Authority To Implement Title V
Permitting Programs Under the
Greenhouse Gas Tailoring Rule’’ (75 FR
82254) to narrow EPA’s previous
approval of State title V operating
permit programs that apply (or may
apply) to GHG-emitting sources; this
rule hereafter is referred to as the
‘‘Narrowing Rule.’’ EPA narrowed its
previous approval of certain State
permitting thresholds, for GHG
emissions so that only sources that
equal or exceed the GHG thresholds, as
established in the final Tailoring Rule,
would be covered as major sources by
the Federally-approved programs in the
affected States. South Carolina was
included in this rulemaking. On March
4, 2011, South Carolina submitted a
letter withdrawing from EPA’s
consideration the portion of South
Carolina’s SIP for which EPA withdrew
its previous approval in the Narrowing
Rule. These provisions are no longer
intended for inclusion in the SIP, and
are no longer before EPA for its approval
or disapproval. A copy of South
Carolina’s letter can be accessed at
https://www.regulations.gov using
Docket ID No. EPA–R04–OAR–2010–
0721.
In this action, EPA is proposing to
approve South Carolina’s infrastructure
SIP for the 8-hour ozone NAAQS with
respect to the general requirement in
section 110(a)(2)(C) to include a
program in the SIP that regulates the
modification and construction of any
stationary source as necessary to assure
that the NAAQS are achieved. EPA is
not proposing to approve or disapprove
the state’s existing minor NSR program
itself to the extent that it is inconsistent
with EPA’s regulations governing this
program. EPA believes that a number of
states may have minor NSR provisions
that are contrary to the existing EPA
regulations for this program. EPA
intends to work with states to reconcile
state minor NSR programs with EPA’s
regulatory provisions for the program.
The statutory requirements of section
110(a)(2)(C) provide for considerable
flexibility in designing minor NSR
programs, and EPA believes it may be
time to revisit the regulatory
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requirements for this program to give
the states an appropriate level of
flexibility to design a program that
meets their particular air quality
concerns, while assuring reasonable
consistency across the country in
protecting the NAAQS with respect to
new and modified minor sources.
EPA has made the preliminary
determination that South Carolina’s SIP
and practices are adequate for program
enforcement of control measures
including review of proposed new
sources related to the 1997 8-hour ozone
NAAQS.
4. 110(a)(2)(D)(ii) Interstate and
International transport provisions:
In Regulation 61–62.5 Standard 7—
Prevention of Significant Deterioration,
DHEC outlines how it will notify
neighboring states of potential impacts
from new or modified sources. South
Carolina does not have any pending
obligation under section 115 and 126.
Additionally, South Carolina has
federally approved regulations in its SIP
that satisfy the requirements for the
NOx SIP Call. See 67 FR 43546 (June 28,
2002). EPA has made the preliminary
determination that South Carolina’s SIP
and practices are adequate for insuring
compliance with the applicable
requirements relating to interstate and
international pollution abatement for
the 1997 8-hour ozone NAAQS.
5. 110(a)(2)(E) Adequate resources:
DHEC is provided its legal authority to
establish a SIP and implement related
plants, in general, under S.C. Code Ann.
Section 48, Title 1. Specifically, S.C.
Code Ann. § 48–1–50(12) grants DHEC
the statutory authority to ‘‘Accept,
receive and administer grants or other
funds or gifts for the purpose of carrying
out any of the purposes of this chapter;
accept, receive and receipt for Federal
money given by the Federal government
under any Federal law to the State of
South Carolina for air or water control
activities, surveys or programs.’’ S.C.
Code Ann. Section 48, Title 2 grants
DHEC statutory authority to establish
environmental protection funds.
Additionally, Regulation 61–30,
Environmental Protection Fees, provides
DHEC with the ability to access fees for
environmental permitting programs.
DHEC implements the SIP in
accordance with the provisions of S.C.
Code Ann § 1–23–40 (the
Administrative Procedures Act) and S.C.
Code Ann. Section 48, Title 1. In
addition, the requirements of
110(a)(2)(E)(i-iii) are met when EPA
performs a completeness determination
for each SIP submittal. This ensures that
each submittal provides evidence that
adequate personnel, funding, and legal
authority under State Law has been
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used to carry out the state’s
implementation plan and related issues.
This information is included in all
prehearings and final SIP submittal
packages for approval by EPA.
Annually, states update grant
commitments based on current SIP
requirements, air quality planning, and
applicable requirements related to the
NAAQS, including the 1997 8-hour
ozone NAAQS. On April 14, 2010, EPA
submitted a letter to South Carolina
outlining 105 grant commitments and
current status of these commitments for
fiscal year 2009. The letter EPA
submitted to South Carolina can be
accessed at https://www.regulations.gov
using Docket ID No. EPA–R04–OAR–
2010–0721. There were no outstanding
issues, therefore South Carolina’s grants
were finalized and closed out. EPA has
made the preliminary determination
that South Carolina has adequate
resources for implementation of the
1997 8-hour ozone NAAQS.
6. 110(a)(2)(F) Stationary source
monitoring system: Regulation 61–62.1,
Definitions and General Requirements,
Section III—Emissions Inventory, of the
South Carolina SIP provides for an
emission inventory plan that establishes
reporting requirements. Specifically, the
emissions inventory plan requires
sources to submit an annual emission
inventory including but not limited to
the following:
i. Information on fuel burning
equipment;
ii. Types and quantities of fuel used;
iii. Fuel analysis;
iv. Exhaust parameters;
v. Control equipment information;
vi. Raw process materials and
quantities used;
vii. Design, normal and actual process
rates;
viii. Hours of operation;
ix. Significant emission generating
points or processes as discussed on the
current form for reporting emissions
data as provided by the Department;
x. Any desired information listed in
40 CFR part 51, subpart A (June 10,
2002) that is requested by the
Department.
South Carolina DHEC uses these data
to track progress towards maintaining
the NAAQS, develop control and
maintenance strategies, identify sources
and general emission levels, and
determine compliance with emission
regulations and additional EPA
requirements.
Additionally, the National Emissions
Inventory (NEI) is EPA’s central
repository for air emissions data. EPA
published the Air Emissions Reporting
Rule (AERR) on December 5, 2008,
which modified the requirements for
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14609
collecting and reporting air emissions
data (73 FR 76539). The AERR
shortened the time states had to report
emissions data from 17 to 12 months,
giving states one calendar year to submit
emissions data. All states are required to
submit a comprehensive emissions
inventory every three years and report
emissions for certain larger sources
annually through EPA’s online
Emissions Inventory System (EIS).
States report emissions data for the six
criteria pollutants and the precursors
that form them—nitrogen oxides, sulfur
dioxide, ammonia, lead, carbon
monoxide, particulate matter, and
volatile organic compounds. Many
states also voluntarily report emissions
of hazardous air pollutants. South
Carolina made its latest update to the
NEI February 18, 2011. EPA compiles
the emissions data, supplementing it
where necessary, and releases it to the
general public through the Web site
https://www.epa.gov/ttn/chief/
eiinformation.html. EPA has made the
preliminary determination that South
Carolina’s SIP and practices are
adequate for the stationary source
monitoring systems related to the 1997
8-hour ozone NAAQS.
7. 110(a)(2)(G) Emergency power:
Regulation 61–62.3, Air Pollution
Episodes, of the South Carolina SIP
identifies air pollution emergency
episodes and preplanned abatement
strategies. These criteria have
previously been approved by EPA. EPA
has made the preliminary determination
that South Carolina’s SIP and practices
are adequate for emergency powers
related to the 1997 8-hour ozone
NAAQS.
8. 110(a)(2)(H) Future SIP revisions:
As previously discussed, South Carolina
DHEC is responsible for adopting air
quality rules and revising SIPs as
needed to attain or maintain the
NAAQS. South Carolina has the ability
and authority to respond to calls for SIP
revisions, and has provided a number of
SIP revisions of the years for
implementation of the NAAQS. S.C.
Code Ann. Section 48, Title 1 provides
DHEC the statutory authority to revise
the SIP to accommodate changes in the
NAAQS. Specific to the 1997 8-hour
ozone NAAQS, South Carolina has
provided the following submissions:
• August 31, 2007, SIP Revision—
Rock Hill-Fort Mill (Charlotte) 8-hr
Ozone Reasonably Available Control
Technology and Reasonable Further
Progress;
• December 13, 2007, SIP Revision
(EPA approval, 74 FR 26099, June 1,
2009, with a correcting amendment 75
FR 3870, January 25, 2010) Cherokee
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County 8-hour Ozone 110(a)(1)
Maintenance Plan;
• April 29, 2010, SIP Revision—
Supplement and Resubmission of the
1997 8-hour Ozone Rock Hill-Fort Mill
Attainment Demonstration (Charlotte)
In the Rock Hill-Fort Mill, South
Carolina maintenance plans for the
Charlotte-Gastonia-Rock Hill, NC–SC
nonattainment area, the State commits
to provide additional SIP revisions for
the 1997 8-hour ozone NAAQS pursuant
to 175(A)(b), and also commits to
provide additional SIP revisions to
implement contingency measures in the
future. EPA has made the preliminary
determination that South Carolina’s SIP
and practices adequately demonstrate a
commitment to provide future SIP
revisions related to the 1997 8-hour
ozone NAAQS when necessary.
9. 110(a)(2)(J) (121 consultation)
Consultation with government officials:
South Carolina Air Regulation 61–62.5,
Standard No. 7, Prevention of
Significant Deterioration, as well as the
Regional Haze Implementation Plan
(which allows for consultation between
appropriate state, local, and tribal air
pollution control agencies as well as the
corresponding Federal Land Managers),
provide for consultation with
government officials whose jurisdictions
might be affected by SIP development
activities. More specifically, South
Carolina adopted state-wide
consultation procedures for the
implementation of transportation
conformity which includes the
consideration of the development of
mobile inventories for SIP development.
Required partners covered by South
Carolina’s consultation procedures
include federal, state and local
transportation and air quality agency
officials. EPA approved South
Carolina’s consultation procedures on
July 28, 2009 (See 74 FR 37168). EPA
has made the preliminary determination
that South Carolina’s SIP and practices
adequately demonstrate consultation
with government officials related to the
1997 8-hour ozone NAAQS when
necessary.
10. 110(a)(2)(J) (127 public
notification) Public notification: DHEC
has several public notice mechanisms in
place to notify the public of ozone and
other pollutant forecasting, including an
air quality monitoring website with
ground level ozone alerts. South
Carolina also has an extensive outreach
program to educate the public and
promote voluntary emissions reduction
measures including the ‘‘Take a Break
from the Exhaust’’ alternative transit
reward system. As discussed above,
Regulation 61–62.3, Air Pollution
Episodes, requires that DHEC notify the
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public of any air pollution episode or
NAAQS violation. EPA has made the
preliminary determination that South
Carolina’s SIP and practices adequately
demonstrate the State’s ability to
provide public notification related to
the 1997 8-hour ozone NAAQS when
necessary.
11. 110(a)(2)(J) (PSD) PSD and
visibility protection: South Carolina
demonstrates its authority to regulate
new and modified sources of ozone
precursors volatile organic compounds
(VOCs) and NOx to assist in the
protection of air quality in South
Carolina’s Air Regulation 61–62.5,
Standard No. 7, Prevention of
Significant Deterioration. On December
2, 2010, South Carolina submitted, for
parallel processing, a SIP revision
which addresses the Ozone
Implementation NSR Update
requirements to include NOx as an
ozone precursor for permitting
purposes. Specifically, the Ozone
Implementation NSR Update
requirements include changes to major
source thresholds for sources in certain
classes of nonattainment areas, changes
to offset ratios for marginal, moderate,
serious, severe, and extreme ozone
nonattainment areas, provisions
addressing offset requirements for
facilities that shut down or curtail
operation, and a requirement stating
that NOX emissions are ozone
precursors. EPA is currently proposing
approval of South Carolina’s December
2, 2010, submission in a rulemaking
separate from today’s action.
With regard to the applicable
requirements for visibility protection,
EPA recognizes that states are subject to
visibility and regional haze program
requirements under Part C of the Act
(which includes sections 169A and
169B). In the event of the establishment
of a new NAAQS, however, the
visibility and regional haze program
requirements under part C do not
change. Thus, EPA finds that there is no
new visibility obligation ‘‘triggered’’
under section 110(a)(2)(J) when a new
NAAQS becomes effective. This would
be the case even in the event a
secondary PM2.5 NAAQS for visibility is
established, because this NAAQS would
not affect visibility requirements under
part C. South Carolina has submitted
SIP revisions for approval to satisfy the
requirements of the CAA Section 169A,
and the regional haze and best available
retrofit technology rules contained in 40
CFR 51.308. These revisions are
currently under review and will be
acted on in a separate action. EPA has
made the preliminary determination
that South Carolina’s SIP and practices
adequately demonstrate the State’s
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ability to implement PSD programs and
to provide for visibility protection
related to the 1997 8-hour ozone
NAAQS when necessary.
12. 110(a)(2)(K) Air quality and
modeling/data: South Carolina
Regulation 61–62.5, Standard No. 2,
Ambient Air Quality Standards, and
Regulation 61–62.5, Standard No. 7,
Prevention of Significant Deterioration,
require that air modeling be conducted
to determine permit applicability. These
standards demonstrate that South
Carolina has the authority to provide
relevant data for the purpose of
predicting the effect on ambient air
quality of the 8-hour ozone NAAQS.
Additionally, South Carolina supports a
regional effort to coordinate the
development of emissions inventories
and conduct regional modeling for
several NAAQS, including the 1997 8hour ozone NAAQS, for the
Southeastern states. Taken as a whole,
South Carolina’s air quality regulations
demonstrate that ADEM has the
authority to provide relevant data for
the purpose of predicting the effect on
ambient air quality of the 8-hour ozone
NAAQS. EPA has made the preliminary
determination that South Carolina’s SIP
and practices adequately demonstrate
the State’s ability to provide for air
quality and modeling, along with
analysis of the associated data, related
to the 1997 8-hour ozone NAAQS when
necessary.
13. 110(a)(2)(L) Permitting fees:
Pursuant to S.C. Code Ann. § 48–2–50,
DHEC shall charge fees for
environmental programs it administers
pursuant to federal and state law and
regulations. Regulation 61–30,
Environmental Protection Fees,
prescribes fees applicable to applicants
and holders of permits, licenses,
certificates, certifications, and
registrations as well as establishes
procedures for the payment of fees,
provides for the assessment of penalties
for nonpayment, and establishes an
appeals process for refuting fees. EPA
has made the preliminary determination
that South Carolina’s SIP and practices
adequately provide for permitting fees
related to the 1997 8-hour ozone
NAAQS when necessary.
14. 110(a)(2)(M) Consultation/
participation by affected local entities:
Regulation 61–62.5, Standard No. 7,
Prevention of Significant Deterioration,
of the South Carolina SIP requires that
DHEC notify the public of the
application, preliminary determination,
degree of incremental consumption, and
the opportunity for comment prior to
making a final permitting decision.
DHEC has worked closely with local
political subdivisions when developing
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Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules
its Transportation Conformity SIP,
Regional Haze Implementation Plan,
Early Action Compacts, and the 8-hour
Ozone Attainment Demonstration for
York County, South Carolina portion of
the Charlotte-Gastonia-Rock Hill NC–SC
nonattainment area. EPA has made the
preliminary determination that South
Carolina’s SIP and practices adequately
demonstrate consultation with affected
local entities related to the 1997 8-hour
ozone NAAQS when necessary.
IV. Proposed Action
As described above, DHEC has
addressed the elements of the CAA
110(a)(1) and (2) SIP requirements
pursuant to EPA’s October 2, 2007,
guidance to ensure that the 1997 8-hour
ozone NAAQS are implemented,
enforced, and maintained in South
Carolina. EPA is proposing to approve
South Carolina’s infrastructure
submission for the 1997 8-hour ozone
NAAQS because this submission is
consistent with section 110 of the CAA.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS-1
V. Statutory and Executive Order
Reviews
List of Subjects in 40 CFR Part 52
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
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safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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: March 7, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011–6270 Filed 3–16–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0720–201039 FRL–
9282–3]
Approval and Promulgation of
Implementation Plans; Alabama;
110(a)(1) and (2) Infrastructure
Requirements for the 1997 8-Hour
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
the State Implementation Plan (SIP),
submitted by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM) as
demonstrating that the State meets the
requirements of sections 110(a)(1) and
SUMMARY:
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14611
(2) of the Clean Air Act (CAA or the Act)
for the 1997 8-hour ozone national
ambient air quality standard (NAAQS).
Section 110(a) of the CAA requires that
each state adopt and submit a SIP for
the implementation, maintenance, and
enforcement of each NAAQS
promulgated by the EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. Alabama certified
that the Alabama SIP contains
provisions that ensure the 1997 8-hour
ozone NAAQS is implemented,
enforced, and maintained in Alabama
(hereafter referred to as ‘‘infrastructure
submission’’). Alabama’s infrastructure
submission, provided to EPA on
December 10, 2007, addressed all the
required infrastructure elements for the
1997 8-hour ozone NAAQS.
DATES: Written comments must be
received on or before April 18, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2010–0720, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9140.
4. Mail: ‘‘EPA–R04–OAR–2010–0720,’’
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.
5. Hand Delivery or Courier: Lynorae
Benjamin, 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. 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 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2010–
0720. 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://
www.regulations.gov, 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 through https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
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]]>Agencies
[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Proposed Rules]
[Pages 14606-14611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6270]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0721-201040; FRL-9282-4]
Approval and Promulgation of Implementation Plans; South
Carolina; 110(a)(1) and (2) Infrastructure Requirements for the 1997 8-
Hour Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve the State Implementation Plan
(SIP) submission submitted by the State of South Carolina, through the
Department of Health and Environmental Control (DHEC), to demonstrate
that the State meets the requirements of sections 110(a)(1) and (2) of
the Clean Air Act (CAA or Act) for the 1997 8-hour ozone national
ambient air quality standards (NAAQS). Section 110(a) of the CAA
requires that each state adopt and submit a SIP for the implementation,
maintenance and enforcement of each NAAQS promulgated by the EPA, which
is commonly referred to as an ``infrastructure'' SIP. South Carolina
certified that the South Carolina SIP contains provisions that ensure
the 1997 8-hour ozone NAAQS are implemented, enforced, and maintained
in South Carolina (hereafter referred to as ``infrastructure
submission''). South Carolina's infrastructure submission, provided to
EPA on December 13, 2007, addressed all the required infrastructure
elements for the 1997 8-hour ozone NAAQS.
DATES: Written comments must be received on or before April 18, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0721, by one of the following methods:
1. https://www.regulations.gov: Follow the online instructions for
submitting comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562-9140.
4. Mail: ``EPA-R04-OAR-2010-0721,'' 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.
5. Hand Delivery or Courier: Lynorae Benjamin, 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. 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 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0721. 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://www.regulations.gov, 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 through https://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, 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 https://www.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. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. 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 https://www.regulations.gov 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 person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
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 be reached via electronic mail at
ward.nacosta@epa.gov.
Table of Contents
I. Background
II. What elements are required under Sections 110(a)(1) and (2)?
III. What is EPA's analysis of how South Carolina addressed the
elements of Sections 110(a)(1) and (2) ``infrastructure''
provisions?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, EPA promulgated a new NAAQS for ozone based on 8-
hour average concentrations. The 8-hour averaging period replaced the
previous 1-hour averaging period, and the level of the NAAQS was
changed from 0.12 parts per million (ppm) to 0.08 ppm. See 62 FR 38856.
Pursuant to section 110(a)(1) of the CAA, states are required to submit
SIPs meeting the requirements of section 110(a)(2) within three years
after promulgation of a new or revised NAAQS. Sections 110(a)(2)
require states to address basic SIP requirements,
[[Page 14607]]
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance of the NAAQS. States were required to submit
such SIPs for the 1997 8-hour ozone NAAQS to EPA no later than June
2000. However, intervening litigation over the 1997 8-hour ozone NAAQS
created uncertainty about how to proceed and many states did not
provide the required ``infrastructure'' SIP submission for these newly
promulgated NAAQS.
On March 4, 2004, Earthjustice submitted a notice of intent to sue
related to EPA's failure to issue findings of failure to submit related
to the ``infrastructure'' requirements for the 1997 8-hour ozone NAAQS.
EPA entered into a consent decree with Earthjustice which required EPA,
among other things, to complete a Federal Register notice announcing
EPA's determinations pursuant to section 110(k)(1)(B) as to whether
each state had made complete submissions to meet the requirements of
section 110(a)(2) for the 1997 8-hour ozone NAAQS by December 15, 2007.
Subsequently, EPA received an extension of the date to complete this
Federal Register notice until March 17, 2008, based upon agreement to
make the findings with respect to submissions made by January 7, 2008.
In accordance with the consent decree, EPA made completeness findings
for each state based upon what the Agency received from each state as
of January 7, 2008.
On March 27, 2008, EPA published a final rulemaking entitled,
``Completeness Findings for Section 110(a) State Implementation Plans;
8-Hour Ozone NAAQS,'' making a finding that each state had submitted or
failed to submit a complete SIP that provided the basic program
elements of section 110(a)(2) necessary to implement the 1997 8-hour
ozone NAAQS. See 73 FR 16205. For those states that did receive
findings, the findings of failure to submit for all or a portion of a
state's implementation plan established a 24-month deadline for EPA to
promulgate a Federal Implementation Plan to address the outstanding SIP
elements unless, prior to that time, the affected states submitted, and
EPA approved, the required SIPs.
The findings that all or portions of a state's submission are
complete established a 12-month deadline for EPA to take action upon
the complete SIP elements in accordance with section 110(k). South
Carolina's infrastructure submission was received by EPA on December
13, 2007, and was determined to be complete on March 27, 2008. South
Carolina was among other states that did not receive a finding of
failure to submit because it provided a complete submission to EPA to
address the infrastructure elements for the 1997 8-hour ozone NAAQS by
March 1, 2008. Today's action is proposing to approve South Carolina's
infrastructure submission for which EPA made the completeness
determination on March 27, 2008. This action is not approving any
specific rule, but rather proposing that Alabama's already approved SIP
meets certain CAA requirements.
II. What elements are required under Sections 110(a)(1) and (2)?
Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. In particular, the
data and analytical tools available at the time the state develops and
submits the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. In the case of the 1997 8-hour ozone NAAQS, states typically
have met the basic program elements required in section 110(a)(2)
through earlier SIP submissions in connection with previous ozone
NAAQS.
More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As mentioned above, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The requirements that are the
subject of this proposed rulemaking are listed below \1\ and in EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards.''
---------------------------------------------------------------------------
\1\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather due at the time the nonattainment area
plan requirements are due pursuant to section 172. These
requirements are: (1) Submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title I of the CAA, and (2) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D, Title I of the CAA. Today's proposed
rulemaking does not address infrastructure elements related to
section 110(a)(2)(I) or the nonattainment planning requirements of
110(a)(2)(C).
---------------------------------------------------------------------------
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control
measures.\2\
---------------------------------------------------------------------------
\2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
---------------------------------------------------------------------------
110(a)(2)(D): Interstate transport.\3\
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\3\ Today's proposed rule does not address element
110(a)(2)(D)(i) (Interstate Transport) for the 1997 8-hour ozone
NAAQS. Interstate transport requirements were formerly addressed by
South Carolina consistent with the Clean Air Interstate Rule (CAIR).
On December 23, 2008, CAIR was remanded by the DC Circuit Court of
Appeals, without vacatur, back to EPA. See North Carolina v. EPA,
531 F.3d 896 (DC Cir. 2008). Prior to this remand, EPA took final
action to approve South Carolina's SIP revision, which was submitted
to comply with CAIR. See 72 FR 57209 (October 9, 2007). In so doing,
South Carolina's CAIR SIP revision addressed the interstate
transport provisions in Section 110(a)(2)(D)(i) for the 1997 8-hour
ozone NAAQS. In response to the remand of CAIR, EPA has since
proposed a new rule to address the interstate transport of
NOX and SOX in the eastern United States. See
75 FR 45210 (Aug. 2, 2010) (``the Transport Rule''). However,
because this rule has yet to be finalized, EPA's action on element
110(a)(2)(D)(i) will be addressed in a separate action.
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110(a)(2)(E): Adequate resources.
110(a)(2)(F): Stationary source monitoring system.
110(a)(2)(G): Emergency power.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.\4\
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\4\ This requirement was inadvertently omitted from EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards,'' but
as mentioned above is not relevant to today's proposed rulemaking.
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110(a)(2)(J): Consultation with government officials;
public notification; and PSD and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
III. What is EPA's analysis of how South Carolina addressed the
elements of the Sections 110(a)(1) and (2) ``infrastructure''
provisions?
The South Carolina infrastructure submission addresses the
provisions of sections 110(a)(1) and (2) as described below.
[[Page 14608]]
1. 110(a)(2)(A): Emission limits and other control measures: South
Carolina's SIP provides an overview of the provisions of the South
Carolina Air Pollution Control Regulations relevant to air quality
control regulations. The regulations described below have been
federally approved in the South Carolina SIP and include enforceable
emission limitations and other control measures. Regulation 61-62.5,
Standard No. 2, Ambient Air Quality Standards, and Regulation 61-62.1,
Definitions and General Requirements, establish emission limits for
ozone and addresses the required control measures, means and techniques
for compliance of the ozone NAAQS respectively. In addition, South
Carolina's state-only Regulation 61-30 gives the DHEC the authority to
levy fees for permits and establishes schedules for timely action on
permit applications. EPA has made the preliminary determination that
the provisions contained in these chapters and South Carolina's
practices are adequate to protect the 1997 8-hour ozone NAAQS in the
State.
In this action, EPA is not proposing to approve or disapprove any
existing State provisions with regard to excess emissions during
startup, shutdown, or malfunction (SSM) of operations at a facility.
EPA believes that a number of states have SSM provisions which are
contrary to the CAA and existing EPA guidance, ``State Implementation
Plans: Policy Regarding Excess Emissions During Malfunctions, Startup,
and Shutdown'' (September 20, 1999), and the Agency plans to address
such state regulations in the future. In the meantime, EPA encourages
any state having a deficient SSM provision to take steps to correct it
as soon as possible.
Additionally, in this action, EPA is not proposing to approve or
disapprove any existing State rules with regard to director's
discretion or variance provisions. EPA believes that a number of states
have such provisions which are contrary to the CAA and existing EPA
guidance (52 FR 45109 (November 24, 1987)), and the Agency plans to
take action in the future to address such state regulations. In the
meantime, EPA encourages any state having a director's discretion or
variance provision which is contrary to the CAA and EPA guidance to
take steps to correct the deficiency as soon as possible.
2. 110(a)(2)(B) Ambient air quality monitoring/data system: South
Carolina's SIP Regulation 61-62.5, Standard No. 7, Prevention of
Significant Deterioration, along with the South Carolina Network
Description and Ambient Air Network Monitoring Plan provides for an
ambient air quality monitoring system in the State. Annually, EPA
approves the ambient air monitoring network plan for the state
agencies. On July 1, 2010, South Carolina submitted its plan to EPA. On
September 23, 2010, EPA approved South Carolina's monitoring network
plan. South Carolina's approved monitoring network plan can be accessed
at https://www.regulations.gov using Docket ID No. EPA-R04-OAR-2010-
0721. EPA has made the preliminary determination that South Carolina's
SIP and practices are adequate for the ambient air quality monitoring
and data system related to the 1997 8-hour ozone NAAQS.
3. 110(a)(2)(C) Program for enforcement of control measures
including review of proposed new sources: Regulation 61-62.5, Standard
No. 7, Prevention of Significant Deterioration, and Regulation 61-62.5,
Standard No. 7.1, Nonattainment New Source Review, of South Carolina's
SIP pertain to the construction of any new major stationary source or
any project at an existing major stationary source in an area
designated as attainment or unclassifiable. On July 1, 2005, DHEC
submitted a Prevention of Significant Deterioration/New Source Review
(PSD/NSR) SIP revision to EPA for approval. In August 2007, EPA sent a
letter to DHEC indicating that the submittal required modification.
Upon commitment from South Carolina to address these changes, EPA took
final action on June 2, 2008, to partially approve, disapprove, and
conditionally approve revisions to the SIP originally submitted by the
State on July 1, 2005. South Carolina later fulfilled the requirements
of the conditional approval through a SIP revision, submitted to EPA on
April 14, 2009. Further, on December 2, 2010, South Carolina submitted,
for parallel processing, a SIP revision which addresses the Ozone
Implementation NSR Update requirements to include nitrogen oxides
(NOX) as an ozone precursor for permitting purposes.
Specifically, the Ozone Implementation NSR Update requirements include
changes to major source thresholds for sources in certain classes of
nonattainment areas, changes to offset ratios for marginal, moderate,
serious, severe, and extreme ozone nonattainment areas, provisions
addressing offset requirements for facilities that shut down or curtail
operation, and a requirement stating that NOX emissions are
ozone precursors. EPA is currently proposing approval of South
Carolina's December 2, 2010, submission in a rulemaking separate from
today's action.
On June 11, 2010, the South Carolina Governor signed an Executive
Order to confirm that the State had authority to implement appropriate
emission thresholds for determining which new stationary sources and
modification projects become subject to PSD permitting requirements for
their GHG emissions at the state level. On December 30, 2010, EPA
published a final rulemaking, ``Action To Ensure Authority To Implement
Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule''
(75 FR 82254) to narrow EPA's previous approval of State title V
operating permit programs that apply (or may apply) to GHG-emitting
sources; this rule hereafter is referred to as the ``Narrowing Rule.''
EPA narrowed its previous approval of certain State permitting
thresholds, for GHG emissions so that only sources that equal or exceed
the GHG thresholds, as established in the final Tailoring Rule, would
be covered as major sources by the Federally-approved programs in the
affected States. South Carolina was included in this rulemaking. On
March 4, 2011, South Carolina submitted a letter withdrawing from EPA's
consideration the portion of South Carolina's SIP for which EPA
withdrew its previous approval in the Narrowing Rule. These provisions
are no longer intended for inclusion in the SIP, and are no longer
before EPA for its approval or disapproval. A copy of South Carolina's
letter can be accessed at https://www.regulations.gov using Docket ID
No. EPA-R04-OAR-2010-0721.
In this action, EPA is proposing to approve South Carolina's
infrastructure SIP for the 8-hour ozone NAAQS with respect to the
general requirement in section 110(a)(2)(C) to include a program in the
SIP that regulates the modification and construction of any stationary
source as necessary to assure that the NAAQS are achieved. EPA is not
proposing to approve or disapprove the state's existing minor NSR
program itself to the extent that it is inconsistent with EPA's
regulations governing this program. EPA believes that a number of
states may have minor NSR provisions that are contrary to the existing
EPA regulations for this program. EPA intends to work with states to
reconcile state minor NSR programs with EPA's regulatory provisions for
the program. The statutory requirements of section 110(a)(2)(C) provide
for considerable flexibility in designing minor NSR programs, and EPA
believes it may be time to revisit the regulatory
[[Page 14609]]
requirements for this program to give the states an appropriate level
of flexibility to design a program that meets their particular air
quality concerns, while assuring reasonable consistency across the
country in protecting the NAAQS with respect to new and modified minor
sources.
EPA has made the preliminary determination that South Carolina's
SIP and practices are adequate for program enforcement of control
measures including review of proposed new sources related to the 1997
8-hour ozone NAAQS.
4. 110(a)(2)(D)(ii) Interstate and International transport
provisions: In Regulation 61-62.5 Standard 7--Prevention of Significant
Deterioration, DHEC outlines how it will notify neighboring states of
potential impacts from new or modified sources. South Carolina does not
have any pending obligation under section 115 and 126. Additionally,
South Carolina has federally approved regulations in its SIP that
satisfy the requirements for the NOx SIP Call. See 67 FR 43546 (June
28, 2002). EPA has made the preliminary determination that South
Carolina's SIP and practices are adequate for insuring compliance with
the applicable requirements relating to interstate and international
pollution abatement for the 1997 8-hour ozone NAAQS.
5. 110(a)(2)(E) Adequate resources: DHEC is provided its legal
authority to establish a SIP and implement related plants, in general,
under S.C. Code Ann. Section 48, Title 1. Specifically, S.C. Code Ann.
Sec. 48-1-50(12) grants DHEC the statutory authority to ``Accept,
receive and administer grants or other funds or gifts for the purpose
of carrying out any of the purposes of this chapter; accept, receive
and receipt for Federal money given by the Federal government under any
Federal law to the State of South Carolina for air or water control
activities, surveys or programs.'' S.C. Code Ann. Section 48, Title 2
grants DHEC statutory authority to establish environmental protection
funds. Additionally, Regulation 61-30, Environmental Protection Fees,
provides DHEC with the ability to access fees for environmental
permitting programs. DHEC implements the SIP in accordance with the
provisions of S.C. Code Ann Sec. 1-23-40 (the Administrative
Procedures Act) and S.C. Code Ann. Section 48, Title 1. In addition,
the requirements of 110(a)(2)(E)(i-iii) are met when EPA performs a
completeness determination for each SIP submittal. This ensures that
each submittal provides evidence that adequate personnel, funding, and
legal authority under State Law has been used to carry out the state's
implementation plan and related issues. This information is included in
all prehearings and final SIP submittal packages for approval by EPA.
Annually, states update grant commitments based on current SIP
requirements, air quality planning, and applicable requirements related
to the NAAQS, including the 1997 8-hour ozone NAAQS. On April 14, 2010,
EPA submitted a letter to South Carolina outlining 105 grant
commitments and current status of these commitments for fiscal year
2009. The letter EPA submitted to South Carolina can be accessed at
https://www.regulations.gov using Docket ID No. EPA-R04-OAR-2010-0721.
There were no outstanding issues, therefore South Carolina's grants
were finalized and closed out. EPA has made the preliminary
determination that South Carolina has adequate resources for
implementation of the 1997 8-hour ozone NAAQS.
6. 110(a)(2)(F) Stationary source monitoring system: Regulation 61-
62.1, Definitions and General Requirements, Section III--Emissions
Inventory, of the South Carolina SIP provides for an emission inventory
plan that establishes reporting requirements. Specifically, the
emissions inventory plan requires sources to submit an annual emission
inventory including but not limited to the following:
i. Information on fuel burning equipment;
ii. Types and quantities of fuel used;
iii. Fuel analysis;
iv. Exhaust parameters;
v. Control equipment information;
vi. Raw process materials and quantities used;
vii. Design, normal and actual process rates;
viii. Hours of operation;
ix. Significant emission generating points or processes as
discussed on the current form for reporting emissions data as provided
by the Department;
x. Any desired information listed in 40 CFR part 51, subpart A
(June 10, 2002) that is requested by the Department.
South Carolina DHEC uses these data to track progress towards
maintaining the NAAQS, develop control and maintenance strategies,
identify sources and general emission levels, and determine compliance
with emission regulations and additional EPA requirements.
Additionally, the National Emissions Inventory (NEI) is EPA's
central repository for air emissions data. EPA published the Air
Emissions Reporting Rule (AERR) on December 5, 2008, which modified the
requirements for collecting and reporting air emissions data (73 FR
76539). The AERR shortened the time states had to report emissions data
from 17 to 12 months, giving states one calendar year to submit
emissions data. All states are required to submit a comprehensive
emissions inventory every three years and report emissions for certain
larger sources annually through EPA's online Emissions Inventory System
(EIS). States report emissions data for the six criteria pollutants and
the precursors that form them--nitrogen oxides, sulfur dioxide,
ammonia, lead, carbon monoxide, particulate matter, and volatile
organic compounds. Many states also voluntarily report emissions of
hazardous air pollutants. South Carolina made its latest update to the
NEI February 18, 2011. EPA compiles the emissions data, supplementing
it where necessary, and releases it to the general public through the
Web site https://www.epa.gov/ttn/chief/eiinformation.html. EPA has made
the preliminary determination that South Carolina's SIP and practices
are adequate for the stationary source monitoring systems related to
the 1997 8-hour ozone NAAQS.
7. 110(a)(2)(G) Emergency power: Regulation 61-62.3, Air Pollution
Episodes, of the South Carolina SIP identifies air pollution emergency
episodes and preplanned abatement strategies. These criteria have
previously been approved by EPA. EPA has made the preliminary
determination that South Carolina's SIP and practices are adequate for
emergency powers related to the 1997 8-hour ozone NAAQS.
8. 110(a)(2)(H) Future SIP revisions: As previously discussed,
South Carolina DHEC is responsible for adopting air quality rules and
revising SIPs as needed to attain or maintain the NAAQS. South Carolina
has the ability and authority to respond to calls for SIP revisions,
and has provided a number of SIP revisions of the years for
implementation of the NAAQS. S.C. Code Ann. Section 48, Title 1
provides DHEC the statutory authority to revise the SIP to accommodate
changes in the NAAQS. Specific to the 1997 8-hour ozone NAAQS, South
Carolina has provided the following submissions:
August 31, 2007, SIP Revision--Rock Hill-Fort Mill
(Charlotte) 8-hr Ozone Reasonably Available Control Technology and
Reasonable Further Progress;
December 13, 2007, SIP Revision (EPA approval, 74 FR
26099, June 1, 2009, with a correcting amendment 75 FR 3870, January
25, 2010) Cherokee
[[Page 14610]]
County 8-hour Ozone 110(a)(1) Maintenance Plan;
April 29, 2010, SIP Revision--Supplement and Resubmission
of the 1997 8-hour Ozone Rock Hill-Fort Mill Attainment Demonstration
(Charlotte)
In the Rock Hill-Fort Mill, South Carolina maintenance plans for
the Charlotte-Gastonia-Rock Hill, NC-SC nonattainment area, the State
commits to provide additional SIP revisions for the 1997 8-hour ozone
NAAQS pursuant to 175(A)(b), and also commits to provide additional SIP
revisions to implement contingency measures in the future. EPA has made
the preliminary determination that South Carolina's SIP and practices
adequately demonstrate a commitment to provide future SIP revisions
related to the 1997 8-hour ozone NAAQS when necessary.
9. 110(a)(2)(J) (121 consultation) Consultation with government
officials: South Carolina Air Regulation 61-62.5, Standard No. 7,
Prevention of Significant Deterioration, as well as the Regional Haze
Implementation Plan (which allows for consultation between appropriate
state, local, and tribal air pollution control agencies as well as the
corresponding Federal Land Managers), provide for consultation with
government officials whose jurisdictions might be affected by SIP
development activities. More specifically, South Carolina adopted
state-wide consultation procedures for the implementation of
transportation conformity which includes the consideration of the
development of mobile inventories for SIP development. Required
partners covered by South Carolina's consultation procedures include
federal, state and local transportation and air quality agency
officials. EPA approved South Carolina's consultation procedures on
July 28, 2009 (See 74 FR 37168). EPA has made the preliminary
determination that South Carolina's SIP and practices adequately
demonstrate consultation with government officials related to the 1997
8-hour ozone NAAQS when necessary.
10. 110(a)(2)(J) (127 public notification) Public notification:
DHEC has several public notice mechanisms in place to notify the public
of ozone and other pollutant forecasting, including an air quality
monitoring website with ground level ozone alerts. South Carolina also
has an extensive outreach program to educate the public and promote
voluntary emissions reduction measures including the ``Take a Break
from the Exhaust'' alternative transit reward system. As discussed
above, Regulation 61-62.3, Air Pollution Episodes, requires that DHEC
notify the public of any air pollution episode or NAAQS violation. EPA
has made the preliminary determination that South Carolina's SIP and
practices adequately demonstrate the State's ability to provide public
notification related to the 1997 8-hour ozone NAAQS when necessary.
11. 110(a)(2)(J) (PSD) PSD and visibility protection: South
Carolina demonstrates its authority to regulate new and modified
sources of ozone precursors volatile organic compounds (VOCs) and
NOx to assist in the protection of air quality in South
Carolina's Air Regulation 61-62.5, Standard No. 7, Prevention of
Significant Deterioration. On December 2, 2010, South Carolina
submitted, for parallel processing, a SIP revision which addresses the
Ozone Implementation NSR Update requirements to include NOx
as an ozone precursor for permitting purposes. Specifically, the Ozone
Implementation NSR Update requirements include changes to major source
thresholds for sources in certain classes of nonattainment areas,
changes to offset ratios for marginal, moderate, serious, severe, and
extreme ozone nonattainment areas, provisions addressing offset
requirements for facilities that shut down or curtail operation, and a
requirement stating that NOX emissions are ozone precursors.
EPA is currently proposing approval of South Carolina's December 2,
2010, submission in a rulemaking separate from today's action.
With regard to the applicable requirements for visibility
protection, EPA recognizes that states are subject to visibility and
regional haze program requirements under Part C of the Act (which
includes sections 169A and 169B). In the event of the establishment of
a new NAAQS, however, the visibility and regional haze program
requirements under part C do not change. Thus, EPA finds that there is
no new visibility obligation ``triggered'' under section 110(a)(2)(J)
when a new NAAQS becomes effective. This would be the case even in the
event a secondary PM2.5 NAAQS for visibility is established,
because this NAAQS would not affect visibility requirements under part
C. South Carolina has submitted SIP revisions for approval to satisfy
the requirements of the CAA Section 169A, and the regional haze and
best available retrofit technology rules contained in 40 CFR 51.308.
These revisions are currently under review and will be acted on in a
separate action. EPA has made the preliminary determination that South
Carolina's SIP and practices adequately demonstrate the State's ability
to implement PSD programs and to provide for visibility protection
related to the 1997 8-hour ozone NAAQS when necessary.
12. 110(a)(2)(K) Air quality and modeling/data: South Carolina
Regulation 61-62.5, Standard No. 2, Ambient Air Quality Standards, and
Regulation 61-62.5, Standard No. 7, Prevention of Significant
Deterioration, require that air modeling be conducted to determine
permit applicability. These standards demonstrate that South Carolina
has the authority to provide relevant data for the purpose of
predicting the effect on ambient air quality of the 8-hour ozone NAAQS.
Additionally, South Carolina supports a regional effort to coordinate
the development of emissions inventories and conduct regional modeling
for several NAAQS, including the 1997 8-hour ozone NAAQS, for the
Southeastern states. Taken as a whole, South Carolina's air quality
regulations demonstrate that ADEM has the authority to provide relevant
data for the purpose of predicting the effect on ambient air quality of
the 8-hour ozone NAAQS. EPA has made the preliminary determination that
South Carolina's SIP and practices adequately demonstrate the State's
ability to provide for air quality and modeling, along with analysis of
the associated data, related to the 1997 8-hour ozone NAAQS when
necessary.
13. 110(a)(2)(L) Permitting fees: Pursuant to S.C. Code Ann. Sec.
48-2-50, DHEC shall charge fees for environmental programs it
administers pursuant to federal and state law and regulations.
Regulation 61-30, Environmental Protection Fees, prescribes fees
applicable to applicants and holders of permits, licenses,
certificates, certifications, and registrations as well as establishes
procedures for the payment of fees, provides for the assessment of
penalties for nonpayment, and establishes an appeals process for
refuting fees. EPA has made the preliminary determination that South
Carolina's SIP and practices adequately provide for permitting fees
related to the 1997 8-hour ozone NAAQS when necessary.
14. 110(a)(2)(M) Consultation/participation by affected local
entities: Regulation 61-62.5, Standard No. 7, Prevention of Significant
Deterioration, of the South Carolina SIP requires that DHEC notify the
public of the application, preliminary determination, degree of
incremental consumption, and the opportunity for comment prior to
making a final permitting decision. DHEC has worked closely with local
political subdivisions when developing
[[Page 14611]]
its Transportation Conformity SIP, Regional Haze Implementation Plan,
Early Action Compacts, and the 8-hour Ozone Attainment Demonstration
for York County, South Carolina portion of the Charlotte-Gastonia-Rock
Hill NC-SC nonattainment area. EPA has made the preliminary
determination that South Carolina's SIP and practices adequately
demonstrate consultation with affected local entities related to the
1997 8-hour ozone NAAQS when necessary.
IV. Proposed Action
As described above, DHEC has addressed the elements of the CAA
110(a)(1) and (2) SIP requirements pursuant to EPA's October 2, 2007,
guidance to ensure that the 1997 8-hour ozone NAAQS are implemented,
enforced, and maintained in South Carolina. EPA is proposing to approve
South Carolina's infrastructure submission for the 1997 8-hour ozone
NAAQS because this submission is consistent with section 110 of the
CAA.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 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: March 7, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-6270 Filed 3-16-11; 8:45 am]
BILLING CODE 6560-50-P
