Air Plan Approval; SC; 2010 1-Hour SO2, 54498-54502 [2019-21956]
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54498
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect 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. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
determination that this action is one of
a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
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temporary safety zone that entering,
transiting through, anchoring in, or
remaining within a limited area on the
navigable water of the Manasquan Inlet,
during a tug-of-war event lasting
approximately two and a half hours. It
is categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1. A Record of Environmental
Consideration (REC) supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or 215–271–4807. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This zone
will be enforced on October 12, 2019,
from on or after noon through on or
before 2:30 p.m. on October 12, 2019.
Dated: October 3, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2019–22185 Filed 10–9–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0665; FRL–10000–
84–Region 4]
Air Plan Approval; SC; 2010 1-Hour
SO2 NAAQS Transport Infrastructure
Environmental Protection
Agency (EPA).
ACTION: Final rule.
■
AGENCY:
§ 165.T05–0799 Safety Zone; Manasquan
Inlet; Manasquan, NJ.
SUMMARY:
2. Add § 165.T05–0799 to read as
follows:
(a) Location. The following area is a
safety zone: All waters of the
Manasquan Inlet extending 400 feet
from either side of a rope located
between approximate locations
40°06′09″ N, 74°02′09″ W and 40°06′14″
N, 74°02′08″ W. All coordinates are
based on World Geodetic System 1984.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port Delaware Bay (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
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The Environmental Protection
Agency (EPA) is approving South
Carolina’s June 25, 2018, State
Implementation Plan (SIP) submission
pertaining to the ‘‘good neighbor’’
provision of the Clean Air Act (CAA or
Act) for the 2010 1-hour sulfur dioxide
(SO2) National Ambient Air Quality
Standard (NAAQS). The good neighbor
provision requires each state’s
implementation plan to address the
interstate transport of air pollution in
amounts that contribute significantly to
nonattainment, or interfere with
maintenance, of a NAAQS in any other
state. In this action, EPA has determined
that South Carolina’s SIP contains
adequate provisions to prohibit
emissions within the State from
contributing significantly to
nonattainment or interfering with
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maintenance of the 2010 1-hour SO2
NAAQS in any other state.
DATES: This rule will be effective
November 12, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0665. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Michele Notarianni, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. Notarianni can be reached via
phone number (404) 562–9031 or via
electronic mail at notarianni.michele@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 2, 2010, EPA promulgated a
revised primary SO2 NAAQS with a
level of 75 parts per billion (ppb), based
on a 3-year average of the annual 99th
percentile of 1-hour daily maximum
concentrations. See 75 FR 35520 (June
22, 2010). Pursuant to section 110(a)(1)
of the CAA, states are required to submit
SIPs meeting the applicable
requirements of section 110(a)(2) within
three years after promulgation of a new
or revised NAAQS or within such
shorter period as EPA may prescribe.
These SIPs, which EPA has historically
referred to as ‘‘infrastructure SIPs,’’ are
to provide for the ‘‘implementation,
maintenance, and enforcement’’ of such
NAAQS, and the requirements are
designed to ensure that the structural
components of each state’s air quality
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management program are adequate to
meet the state’s responsibility under the
CAA. Section 110(a) of the CAA
requires states to make a SIP submission
to EPA for a new or revised NAAQS, but
the contents of individual state
submissions may vary depending upon
the facts and circumstances. The
content of the changes in such SIP
submissions may also vary depending
upon what provisions the state’s
approved SIP already contains. Section
110(a)(2) requires states to address basic
SIP elements such as requirements for
monitoring, basic program
requirements, and legal authority that
are designed to assure attainment and
maintenance of the NAAQS.
Section 110(a)(2)(D)(i)(I) of the CAA
requires SIPs to include provisions
prohibiting any source or other type of
emissions activity in one state from
emitting any air pollutant in amounts
that will contribute significantly to
nonattainment, or interfere with
maintenance, of the NAAQS in another
state. The two clauses of this section are
referred to as prong 1 (significant
contribution to nonattainment) and
prong 2 (interference with maintenance
of the NAAQS).
On June 25, 2018, the South Carolina
Department of Health and
Environmental Control (SC DHEC)
submitted a revision to the South
Carolina SIP addressing only prongs 1
and 2 of CAA section 110(a)(2)(D)(i)(I)
for the 2010 1-hour SO2 NAAQS. EPA
is approving SC DHEC’s June 25, 2018,
SIP submission because the State
demonstrated that South Carolina will
not contribute significantly to
nonattainment, or interfere with
maintenance, of the 2010 1-hour SO2
NAAQS in any other state. All other
elements related to the infrastructure
requirements of section 110(a)(2) for the
2010 1-hour SO2 NAAQS for South
Carolina are addressed in separate
rulemakings.1
In a notice of proposed rulemaking
(NPRM) published on April 23, 2019,
EPA proposed to approve South
Carolina’s June 25, 2018, SIP revision on
the basis that the State’s implementation
plan adequately addresses prong 1 and
prong 2 requirements for the 2010 1hour SO2 NAAQS. See 84 FR 16799.
The details of the SIP revision and the
rationale for EPA’s action is explained
in the NPRM. Comments on the
proposed rulemaking were due on or
before May 23, 2019. EPA received three
sets of adverse comments from
1 EPA acted on the other elements of South
Carolina’s May 8, 2014, infrastructure SIP
submission for the 2010 1-hour SO2 NAAQS on
May 24, 2016 (81 FR 32651) and September 24,
2018 (83 FR 48237).
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54499
anonymous commenters. These
comments are included in the docket for
this final action. EPA has summarized
the comments and provided responses
below.
II. Response to Comments
Comment 1: A commenter expresses
concern about EPA’s statement that the
Agency does not have monitoring or
modeling data suggesting that North
Carolina is impacted by SO2 emissions
from the Milliken & Co. Magnolia Plant
(Magnolia) 2 or WestRock CP LLC
(WestRock).3 The commenter questions
why EPA did not model these facilities
and states that EPA must have
monitoring data to ‘‘definitively
conclude anything about these sources.’’
Response 1: EPA disagrees with the
commenter’s assertion that monitoring
and dispersion modeling are needed for
these two sources before EPA can
approve South Carolina’s SIP submittal
as meeting the interstate transport
requirements in CAA section
110(a)(2)(D). There is nothing in this
section of the CAA suggesting that
monitoring or dispersion modeling is
legally required to evaluate good
neighbor SIPs, and EPA has previously
found that a weight of evidence (WOE)
approach is sufficient to determine
whether or not a state satisfies the good
neighbor provision.4
EPA continues to believe that the
WOE analysis provided in the NPRM is
adequate to determine the potential
downwind impact from South Carolina
to neighboring states. EPA’s analysis
includes the following factors: (1) SO2
air dispersion modeling results for
sources within 50 kilometers (km) of
South Carolina’s border both within the
State and in neighboring states, (2) SO2
emissions trends for sources in South
Carolina, (3) SO2 ambient air quality for
monitors for sources within 50 km of
South Carolina’s border both within the
State and in neighboring states; and (4)
South Carolina’s statutes and SIP2 Magnolia is a textile and fabric finishing plant
located in Blacksburg, South Carolina.
3 Westrock is a pulp and paper mill located in
Florence, South Carolina.
4 See, e.g., Air Quality State Implementation
Plans; Approvals and Promulgations: Utah;
Interstate Transport of Pollution for the 2006 PM2.5
NAAQS, Proposed Rule 78 FR 29314 (May 20,
2013), Final Rule 78 FR 48615 (August 9, 2013);
Approval and Promulgation of Implementation
Plans; State of California; Interstate Transport of
Pollution; Significant Contribution to
Nonattainment and Interference With Maintenance
Requirements, Proposed Rule 76 FR 146516 (March
17, 2011), Final Rule 76 FR 34872 (June 15, 2011);
Approval and Promulgations of State
Implementation Plans; State of Colorado; Interstate
Transport of Pollution for the 2006 24-Hour PM2.5
NAAQS, Proposed Rule, 80 FR 27121 (May 12,
2015), Final Rule 80 FR 47862 (August 10, 2015).
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approved regulations and federal
regulations that address SO2 emissions.
As part of its WOE analysis, EPA
performed a qualitative evaluation to
assess whether SO2 emissions from
Magnolia and WestRock are impacting
North Carolina, the only neighboring
state within 50 km of these sources.
Because EPA does not have monitoring
or modeling data for these two sources,
EPA evaluated their 2017 SO2
emissions, distances from the South
Carolina border, and distances from
sources in North Carolina with SO2
emissions greater than 100 tons per year
(tpy) in 2017 and not subject to EPA’s
Data Requirements Rule (DRR) 5 as
summarized in Table 5 of the NPRM
and found that this information
supports EPA’s proposed determination
that South Carolina has met the good
neighbor provision for the 2010 1-hour
SO2 NAAQS.6 The commenter did not
provide a technical analysis that
contradicts EPA’s proposed
determination that sources in South
Carolina such as Magnolia or Westrock
will not significantly contribute to
nonattainment or interfere with
maintenance in another state. Therefore,
EPA continues to believe that the
Agency’s analysis of these and other
South Carolina sources in the NPRM,
weighed along with other WOE factors
described in the NPRM, support EPA’s
conclusion that South Carolina has
satisfied the good neighbor provision for
the 2010 1-hour SO2 NAAQS.
Comment 2: Two commenters
expressed concerns regarding the
modeling analysis for Resolute FP US
Inc.—Catawba Mill (Resolute). One
commenter questions the use of 2012–
2014 actual emissions in the modeling
of Resolute.7 The commenter states that
5 The DRR required state air agencies to
characterize air quality, through air dispersion
modeling or monitoring, in areas associated with
sources that emitted 2,000 tpy or more of SO2, or
that have otherwise been listed under the DRR by
EPA or state air agencies. In lieu of modeling or
monitoring, state air agencies, by specified dates,
could elect to impose federally-enforceable
emissions limitations on those sources restricting
their annual SO2 emissions to less than 2,000 tpy,
or provide documentation that the sources have
been shut down. See 80 FR 51052 (August 21,
2015).
6 With regard to the WestRock facility, EPA
continues to believe that the 68-km distance
between the WestRock facility in South Carolina
and the Pilkington facility, the nearest source in
North Carolina with SO2 emissions greater than 100
tpy, makes it unlikely that SO2 emissions from
WestRock could interact with SO2 emissions from
Pilkington in such a way as to contribute
significantly to nonattainment in North Carolina.
See 84 FR 16805 (April 23, 2019).
7 Resolute is a pulp and paper mill located in
Catawba, South Carolina. Resolute opted to conduct
air dispersion modeling under the DRR. EPA
summarized these modeling results in the NPRM.
See 84 FR at 16803–16804.
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‘‘EPA is hiding behind 5–7 year old
data’’ and that EPA should perform the
modeling using maximum allowable
potential emissions before concluding
that the source, located 7 km from the
North Carolina border, ‘‘does not
contribute to violations in the
neighboring state.’’ Another commenter
questions the use of a modeling domain
for Resolute that extends 4 km into
North Carolina and mentions that EPA
should perform ‘‘additional modeling to
confirm that an extended modeling
domain would not show an even higher
modeled concentration farther into the
state of North Carolina.’’
Response 2: As discussed above, the
good neighbor provision does not
require modeling to determine whether
a state contributes significantly to
nonattainment or interferes with
maintenance of a specific NAAQS in
another state. EPA used a WOE analysis
to evaluate South Carolina’s SIP
revision under the good neighbor
provision and evaluated all available
data, including the modeling submitted
by South Carolina during the DRR
process for Resolute.
As stated in the NPRM, the modeling
for Resolute predicts no violations of the
2010 1-hour SO2 NAAQS within 50 km
of the South Carolina border. The
modeling results show that SO2
concentrations drop off rapidly with a
predicted maximum modeled
concentration of approximately 69 ppb
just north of the facility and
concentrations in North Carolina below
approximately 18 ppb.8 EPA continues
to believe that these results, weighed
along with the other WOE factors
discussed in the NPRM, support EPA’s
proposed conclusion that sources in
South Carolina do not significantly
contribute to nonattainment or interfere
with maintenance of the 2010 1-hour
SO2 NAAQS in any other state.
In response to the comment regarding
the use of modeling with ‘‘5–7 year old
data’’ to evaluate South Carolina’s June
25, 2018, SIP submission, EPA has
evaluated more recent actual SO2
emissions data for Resolute for the years
2015–2017.9 Resolute’s 2015–2017 SO2
emissions (2,386 tpy, 2,391 tpy, and
2,211 tpy in 2015, 2016, and 2017,
respectively) are lower than the
modeled 2012–2014 SO2 emissions
(4,562 tpy, 4,491 tpy, and 4,780 tpy in
2012, 2013, and 2014, respectively).
8 Extending the modeling domain more than 4 km
into North Carolina would not alter EPA’s
conclusions because the modeled concentrations in
North Carolina are well below the NAAQS and,
given the nature of SO2, would likely continue to
decrease as distance increases from the source.
9 https://www.epa.gov/air-emissions-inventories/
national-emissions-inventory.
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Because emissions have decreased from
2012–2014 to 2015–2017, the model
results may overpredict current SO2
concentrations and therefore continue to
support the Agency’s conclusion that
South Carolina has satisfied the good
neighbor provision with respect to the
2010 1-hour SO2 NAAQS. EPA also
notes that the commenters did not
provide any technical analysis
contradicting EPA’s proposed
determination that Resolute will not
significantly contribute to
nonattainment or interfere with
maintenance in another state.
Comment 3: A commenter notes that
EPA analyzed sources that emitted more
than 100 tpy of SO2 within 50 km of the
South Carolina border. The commenter
states that EPA should have considered
and modeled sources that emitted less
SO2 and are closer to the border and that
EPA evaluated sources emitting 1 tpy
when acting on good neighbor SIP
revisions for Delaware and the District
of Columbia.
Response 3: EPA assessed annual
emissions data for non-DRR sources
emitting over 100 tons of SO2 in 2017
in South Carolina and existing
dispersion modeling for DRR sources to
identify the universe of sources in the
State likely to be responsible for SO2
emissions potentially contributing to
interstate transport. After determining
that 89 percent of South Carolina’s
statewide SO2 emissions are from point
sources based on 2014 emissions, EPA
next focused on individual facilities
which emitted above 100 tpy using the
most recent year for which point source
emission data was available, i.e., 2017.
EPA assessed, using its best judgment,
which sources could have the most
serious impact on downwind states.
EPA chose 100 tpy as the emissions
threshold for consideration for interstate
transport because South Carolina’s
universe of point sources was too large
to evaluate every source at a lower
threshold like that used in the Delaware
and District of Columbia analyses.
South Carolina’s point sources of SO2
emitting 100 tons or less in 2017
comprise only seven percent of the
State’s total SO2 point source inventory
in 2017.10 EPA is not precluded from
choosing different thresholds for
evaluating interstate transport in
different states because the factual
circumstances vary from state to state.
Furthermore, EPA notes that small
sources, in particular those emitting less
than 100 tpy of SO2, usually cannot be
10 The 2017 South Carolina SO point source
2
emissions data which SC DHEC reported to EPA is
included in the docket for this action under Docket
ID: EPA–R04–OAR–2018–0665.
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characterized accurately because the
level of detail about the source and the
data needed for such an analysis is not
as often readily available as for the
larger sources.
Regarding the statement about
modeling, EPA notes that it did not
independently model any sources as
part of its evaluation of South Carolina’s
good neighbor SIP submission,
including sources emitting more than
100 tpy of SO2 within 50 km from the
South Carolina border. EPA did,
however, evaluate all available
information for sources that emitted
more than 100 tpy of SO2 within 50 km
of the border, including any available
air dispersion modeling, and continues
to believe that its WOE analysis
demonstrates that South Carolina has
satisfied the good neighbor provision for
the 2010 1-hour SO2 NAAQS. The
commenter did not provide a technical
analysis indicating that sources emitting
less than or equal to 100 tpy within 50
km of the border may have downwind
impacts that violate the good neighbor
provision.
Comment 4: A commenter states that
three sources in South Carolina (i.e.,
W.S. Lee Station, McMeekin Station,
and WestRock) were ‘‘able to escape
nonattainment designation status’’ by
accepting federally-enforceable permit
limits ‘‘to exempt them from complying
with the DRR.’’ The commenter states
that accepting these limits does not
mean that these sources are not
‘‘causing or contributing to
nonattainment or maintenance’’ in
another state and questions why EPA
did not perform modeling to determine
if these sources are impacting
neighboring states for the 2010 1-hour
SO2 NAAQS.
Response 4: Regarding the
commenter’s reference to the SO2
designations signed on December 21,
2017 (83 FR 1098), to the extent
commenter is taking issue with those
designations, those designations and the
federally-enforceable emission limits
taken to comply with the DRR are
outside the scope of this action to
approve South Carolina’s SIP revision to
address interstate transport for the 2010
1-hour SO2 NAAQS. Regarding the
comment concerning modeling, EPA
does not agree that modeling is
necessary to demonstrate that these
sources do not significantly contribute
to nonattainment or interfere with
maintenance of the 2010 1-hour SO2
NAAQS in another state. As discussed
above, there is nothing in the interstate
transport requirements of CAA section
110(a)(2)(D) suggesting that dispersion
modeling is legally required to evaluate
good neighbor SIPs, and EPA used its
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long-standing WOE approach to
evaluate South Carolina’s SIP revision
under the good neighbor provision. EPA
also notes that the commenter did not
provide a technical analysis that
contradicts EPA’s proposed
determination that W.S. Lee Station,
McMeekin Station, and WestRock will
not significantly contribute to
nonattainment or interfere with
maintenance in another state.
III. Final Action
EPA is approving South Carolina’s
June 25, 2018, SIP submission as
demonstrating that South Carolina’s SIP
has adequate provisions prohibiting any
source or other type of emissions
activity in the State from emitting any
air pollutant in amounts that will
contribute significantly to
nonattainment or interfere with
maintenance of the 2010 1-hour SO2
NAAQS in another state.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
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54501
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this action for South
Carolina does not have Tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000) because it does not have
substantial direct effects on an Indian
Tribe. The Catawba Indian Nation
Reservation is located within the
boundary of York County, South
Carolina. Pursuant to the Catawba
Indian Claims Settlement Act, S.C. Code
Ann. 27–16–120, ‘‘all state and local
environmental laws and regulations
apply to the Catawba Indian Nation and
Reservation and are fully enforceable by
all relevant state and local agencies and
authorities.’’ However, EPA has
determined that this rule does not have
substantial direct effects on an Indian
Tribe because this action is not
approving any specific rule, but rather
has determined that South Carolina’s
already approved SIP meets certain
CAA requirements. EPA notes that this
action will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 9, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: September 25, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
§ 52.2120
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
State
effective
date
*
*
6/25/2018
EPA approval date
Explanation
10/10/2019, [insert Federal
Register citation].
Addressing Prongs 1 and 2 of section
110(a)(2)(D)(i) only.
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–3764, or by
email at Linky.Edward@epa.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2019–21956 Filed 10–9–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2018–0511; FRL–10000–
78–Region 2]
Approval of Air Quality Implementation
Plans; New York; Infrastructure
Requirements for the 2008 Ozone, 2010
Sulfur Dioxide, and 2012 Fine
Particulate Matter National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
I. What action is EPA taking?
II. What is the background information?
III. What is a section 110(a)(1) and (2) SIP?
IV. What elements are required under section
110(a)(1) and (2)?
V. What is EPA’s approach to the review of
infrastructure SIP submissions?
VI. What did New York submit?
VII. How has the State addressed the
elements of the section 110(a)(1) and (2)
‘‘infrastructure’’ provisions?
VIII. What comments did EPA receive in
response to the proposed action?
IX. What is EPA approving?
X. Statutory and Executive Order Reviews
I. What action is EPA taking?
The Environmental Protection
Agency (EPA) is approving certain
elements of New York’s State
Implementation Plan (SIP) revisions,
submitted to demonstrate that the State
meets the requirements of the Clean Air
Act (CAA) for the 2008 Ozone; 2010
Sulfur Dioxide; and 2012 particulate
matter of 2.5 microns or less (PM2.5)
National Ambient Air Quality Standards
(NAAQS). Section 110(a) of the CAA
requires that each state adopt and
submit for approval into the SIP a plan
for the implementation, maintenance
and enforcement of each NAAQS
promulgated by the EPA.
DATES: This final rule is effective on
November 12, 2019.
FOR FURTHER INFORMATION CONTACT:
Edward J. Linky, Air Programs Branch,
Jkt 250001
Identification of plan.
*
*
(e) * * *
Authority: 42 U.S.C. 7401 et seq.
110(a)(1) and (2) Infrastructure Requirements for the
2010 1-hour SO2 NAAQS.
16:03 Oct 09, 2019
*
1. The authority citation for part 52
continues to read as follows:
Provision
VerDate Sep<11>2014
2. In § 52.2120, the table in paragraph
(e) is amended by adding the entry
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2010 1-hour SO2
NAAQS’’ at the end of the table to read
as follows:
■
■
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
SUMMARY:
Subpart PP–South Carolina
The EPA is approving certain
elements of the State of New York
Infrastructure State Implementation
Plan (SIP) as meeting the section 110(a)
infrastructure requirements of the Clean
Air Act (CAA) for the following
National Ambient Air Quality Standards
(NAAQS or standard): 2008 Ozone, 2010
sulfur dioxide (SO2), and 2012
particulate matter of 2.5 microns or less
(PM2.5). As explained below, the EPA
has determined that the State has the
necessary infrastructure, resources, and
general authority to implement the
standards noted above.
II. What is the background
information?
Section 110(a)(1) of the CAA requires
states to submit for approval into the
SIP a plan that provides for the
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
implementation, maintenance, and
enforcement of new or revised NAAQS
within three years following the
promulgation of such NAAQS. The EPA
commonly refers to such state plans as
‘‘infrastructure SIPs.’’
• On March 12, 2008, the EPA
promulgated a revised NAAQS for
ozone. 73 FR 16436 (March 27, 2008).
• On June 2, 2010), the EPA
promulgated a revised primary NAAQS
for SO2. 75 FR 35520 (June 22, 2010).
• On December 14, 2012, the EPA
promulgated a revised primary NAAQS
for PM2.5 for the annual standard. 78 FR
3086 (Jan. 15, 2013).
The New York State Department of
Environmental Conservation (NYSDEC)
submitted the following revisions to its
Infrastructure State Implementation
Plan (ISIP):
• 2008 Ozone ISIP submitted on April
4, 2013
• 2010 SO2 ISIP submitted on October
3, 2013
• 2012 PM2.5 ISIP submitted on
November 30, 2016
On August 26, 2016 (81 FR 58849),
the EPA published its action on certain
elements of NYSDEC’s April 4, 2013 SIP
submittal pertaining to the 2008 Ozone
ISIP. The EPA’s action addressed CAA
section 110(a)(2)(D)(i)(I) which requires
SIPs to include provisions prohibiting
any source or other type of emissions
activity in one state from contributing
significantly to nonattainment of the
NAAQS (commonly referred to as prong
1), or interfering with maintenance of
the NAAQS (prong 2), in any other state
and CAA section 110(a)(2)(D)(i)(II)
which requires SIPs to include
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Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Rules and Regulations]
[Pages 54498-54502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21956]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0665; FRL-10000-84-Region 4]
Air Plan Approval; SC; 2010 1-Hour SO2 NAAQS Transport
Infrastructure
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving South
Carolina's June 25, 2018, State Implementation Plan (SIP) submission
pertaining to the ``good neighbor'' provision of the Clean Air Act (CAA
or Act) for the 2010 1-hour sulfur dioxide (SO2) National
Ambient Air Quality Standard (NAAQS). The good neighbor provision
requires each state's implementation plan to address the interstate
transport of air pollution in amounts that contribute significantly to
nonattainment, or interfere with maintenance, of a NAAQS in any other
state. In this action, EPA has determined that South Carolina's SIP
contains adequate provisions to prohibit emissions within the State
from contributing significantly to nonattainment or interfering with
[[Page 54499]]
maintenance of the 2010 1-hour SO2 NAAQS in any other state.
DATES: This rule will be effective November 12, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0665. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Notarianni can be
reached via phone number (404) 562-9031 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 2, 2010, EPA promulgated a revised primary SO2
NAAQS with a level of 75 parts per billion (ppb), based on a 3-year
average of the annual 99th percentile of 1-hour daily maximum
concentrations. See 75 FR 35520 (June 22, 2010). Pursuant to section
110(a)(1) of the CAA, states are required to submit SIPs meeting the
applicable requirements of section 110(a)(2) within three years after
promulgation of a new or revised NAAQS or within such shorter period as
EPA may prescribe. These SIPs, which EPA has historically referred to
as ``infrastructure SIPs,'' are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS, and the requirements are
designed to ensure that the structural components of each state's air
quality management program are adequate to meet the state's
responsibility under the CAA. Section 110(a) of the CAA requires states
to make a SIP submission to EPA for a new or revised NAAQS, but the
contents of individual state submissions may vary depending upon the
facts and circumstances. The content of the changes in such SIP
submissions may also vary depending upon what provisions the state's
approved SIP already contains. Section 110(a)(2) requires states to
address basic SIP elements such as requirements for monitoring, basic
program requirements, and legal authority that are designed to assure
attainment and maintenance of the NAAQS.
Section 110(a)(2)(D)(i)(I) of the CAA requires SIPs to include
provisions prohibiting any source or other type of emissions activity
in one state from emitting any air pollutant in amounts that will
contribute significantly to nonattainment, or interfere with
maintenance, of the NAAQS in another state. The two clauses of this
section are referred to as prong 1 (significant contribution to
nonattainment) and prong 2 (interference with maintenance of the
NAAQS).
On June 25, 2018, the South Carolina Department of Health and
Environmental Control (SC DHEC) submitted a revision to the South
Carolina SIP addressing only prongs 1 and 2 of CAA section
110(a)(2)(D)(i)(I) for the 2010 1-hour SO2 NAAQS. EPA is
approving SC DHEC's June 25, 2018, SIP submission because the State
demonstrated that South Carolina will not contribute significantly to
nonattainment, or interfere with maintenance, of the 2010 1-hour
SO2 NAAQS in any other state. All other elements related to
the infrastructure requirements of section 110(a)(2) for the 2010 1-
hour SO2 NAAQS for South Carolina are addressed in separate
rulemakings.\1\
---------------------------------------------------------------------------
\1\ EPA acted on the other elements of South Carolina's May 8,
2014, infrastructure SIP submission for the 2010 1-hour
SO2 NAAQS on May 24, 2016 (81 FR 32651) and September 24,
2018 (83 FR 48237).
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on April 23,
2019, EPA proposed to approve South Carolina's June 25, 2018, SIP
revision on the basis that the State's implementation plan adequately
addresses prong 1 and prong 2 requirements for the 2010 1-hour
SO2 NAAQS. See 84 FR 16799. The details of the SIP revision
and the rationale for EPA's action is explained in the NPRM. Comments
on the proposed rulemaking were due on or before May 23, 2019. EPA
received three sets of adverse comments from anonymous commenters.
These comments are included in the docket for this final action. EPA
has summarized the comments and provided responses below.
II. Response to Comments
Comment 1: A commenter expresses concern about EPA's statement that
the Agency does not have monitoring or modeling data suggesting that
North Carolina is impacted by SO2 emissions from the
Milliken & Co. Magnolia Plant (Magnolia) \2\ or WestRock CP LLC
(WestRock).\3\ The commenter questions why EPA did not model these
facilities and states that EPA must have monitoring data to
``definitively conclude anything about these sources.''
---------------------------------------------------------------------------
\2\ Magnolia is a textile and fabric finishing plant located in
Blacksburg, South Carolina.
\3\ Westrock is a pulp and paper mill located in Florence, South
Carolina.
---------------------------------------------------------------------------
Response 1: EPA disagrees with the commenter's assertion that
monitoring and dispersion modeling are needed for these two sources
before EPA can approve South Carolina's SIP submittal as meeting the
interstate transport requirements in CAA section 110(a)(2)(D). There is
nothing in this section of the CAA suggesting that monitoring or
dispersion modeling is legally required to evaluate good neighbor SIPs,
and EPA has previously found that a weight of evidence (WOE) approach
is sufficient to determine whether or not a state satisfies the good
neighbor provision.\4\
---------------------------------------------------------------------------
\4\ See, e.g., Air Quality State Implementation Plans; Approvals
and Promulgations: Utah; Interstate Transport of Pollution for the
2006 PM2.5 NAAQS, Proposed Rule 78 FR 29314 (May 20,
2013), Final Rule 78 FR 48615 (August 9, 2013); Approval and
Promulgation of Implementation Plans; State of California;
Interstate Transport of Pollution; Significant Contribution to
Nonattainment and Interference With Maintenance Requirements,
Proposed Rule 76 FR 146516 (March 17, 2011), Final Rule 76 FR 34872
(June 15, 2011); Approval and Promulgations of State Implementation
Plans; State of Colorado; Interstate Transport of Pollution for the
2006 24-Hour PM2.5 NAAQS, Proposed Rule, 80 FR 27121 (May
12, 2015), Final Rule 80 FR 47862 (August 10, 2015).
---------------------------------------------------------------------------
EPA continues to believe that the WOE analysis provided in the NPRM
is adequate to determine the potential downwind impact from South
Carolina to neighboring states. EPA's analysis includes the following
factors: (1) SO2 air dispersion modeling results for sources
within 50 kilometers (km) of South Carolina's border both within the
State and in neighboring states, (2) SO2 emissions trends
for sources in South Carolina, (3) SO2 ambient air quality
for monitors for sources within 50 km of South Carolina's border both
within the State and in neighboring states; and (4) South Carolina's
statutes and SIP-
[[Page 54500]]
approved regulations and federal regulations that address
SO2 emissions. As part of its WOE analysis, EPA performed a
qualitative evaluation to assess whether SO2 emissions from
Magnolia and WestRock are impacting North Carolina, the only
neighboring state within 50 km of these sources. Because EPA does not
have monitoring or modeling data for these two sources, EPA evaluated
their 2017 SO2 emissions, distances from the South Carolina
border, and distances from sources in North Carolina with
SO2 emissions greater than 100 tons per year (tpy) in 2017
and not subject to EPA's Data Requirements Rule (DRR) \5\ as summarized
in Table 5 of the NPRM and found that this information supports EPA's
proposed determination that South Carolina has met the good neighbor
provision for the 2010 1-hour SO2 NAAQS.\6\ The commenter
did not provide a technical analysis that contradicts EPA's proposed
determination that sources in South Carolina such as Magnolia or
Westrock will not significantly contribute to nonattainment or
interfere with maintenance in another state. Therefore, EPA continues
to believe that the Agency's analysis of these and other South Carolina
sources in the NPRM, weighed along with other WOE factors described in
the NPRM, support EPA's conclusion that South Carolina has satisfied
the good neighbor provision for the 2010 1-hour SO2 NAAQS.
---------------------------------------------------------------------------
\5\ The DRR required state air agencies to characterize air
quality, through air dispersion modeling or monitoring, in areas
associated with sources that emitted 2,000 tpy or more of
SO2, or that have otherwise been listed under the DRR by
EPA or state air agencies. In lieu of modeling or monitoring, state
air agencies, by specified dates, could elect to impose federally-
enforceable emissions limitations on those sources restricting their
annual SO2 emissions to less than 2,000 tpy, or provide
documentation that the sources have been shut down. See 80 FR 51052
(August 21, 2015).
\6\ With regard to the WestRock facility, EPA continues to
believe that the 68-km distance between the WestRock facility in
South Carolina and the Pilkington facility, the nearest source in
North Carolina with SO2 emissions greater than 100 tpy,
makes it unlikely that SO2 emissions from WestRock could
interact with SO2 emissions from Pilkington in such a way
as to contribute significantly to nonattainment in North Carolina.
See 84 FR 16805 (April 23, 2019).
---------------------------------------------------------------------------
Comment 2: Two commenters expressed concerns regarding the modeling
analysis for Resolute FP US Inc.--Catawba Mill (Resolute). One
commenter questions the use of 2012-2014 actual emissions in the
modeling of Resolute.\7\ The commenter states that ``EPA is hiding
behind 5-7 year old data'' and that EPA should perform the modeling
using maximum allowable potential emissions before concluding that the
source, located 7 km from the North Carolina border, ``does not
contribute to violations in the neighboring state.'' Another commenter
questions the use of a modeling domain for Resolute that extends 4 km
into North Carolina and mentions that EPA should perform ``additional
modeling to confirm that an extended modeling domain would not show an
even higher modeled concentration farther into the state of North
Carolina.''
---------------------------------------------------------------------------
\7\ Resolute is a pulp and paper mill located in Catawba, South
Carolina. Resolute opted to conduct air dispersion modeling under
the DRR. EPA summarized these modeling results in the NPRM. See 84
FR at 16803-16804.
---------------------------------------------------------------------------
Response 2: As discussed above, the good neighbor provision does
not require modeling to determine whether a state contributes
significantly to nonattainment or interferes with maintenance of a
specific NAAQS in another state. EPA used a WOE analysis to evaluate
South Carolina's SIP revision under the good neighbor provision and
evaluated all available data, including the modeling submitted by South
Carolina during the DRR process for Resolute.
As stated in the NPRM, the modeling for Resolute predicts no
violations of the 2010 1-hour SO2 NAAQS within 50 km of the
South Carolina border. The modeling results show that SO2
concentrations drop off rapidly with a predicted maximum modeled
concentration of approximately 69 ppb just north of the facility and
concentrations in North Carolina below approximately 18 ppb.\8\ EPA
continues to believe that these results, weighed along with the other
WOE factors discussed in the NPRM, support EPA's proposed conclusion
that sources in South Carolina do not significantly contribute to
nonattainment or interfere with maintenance of the 2010 1-hour
SO2 NAAQS in any other state.
---------------------------------------------------------------------------
\8\ Extending the modeling domain more than 4 km into North
Carolina would not alter EPA's conclusions because the modeled
concentrations in North Carolina are well below the NAAQS and, given
the nature of SO2, would likely continue to decrease as
distance increases from the source.
---------------------------------------------------------------------------
In response to the comment regarding the use of modeling with ``5-7
year old data'' to evaluate South Carolina's June 25, 2018, SIP
submission, EPA has evaluated more recent actual SO2
emissions data for Resolute for the years 2015-2017.\9\ Resolute's
2015-2017 SO2 emissions (2,386 tpy, 2,391 tpy, and 2,211 tpy
in 2015, 2016, and 2017, respectively) are lower than the modeled 2012-
2014 SO2 emissions (4,562 tpy, 4,491 tpy, and 4,780 tpy in
2012, 2013, and 2014, respectively). Because emissions have decreased
from 2012-2014 to 2015-2017, the model results may overpredict current
SO2 concentrations and therefore continue to support the
Agency's conclusion that South Carolina has satisfied the good neighbor
provision with respect to the 2010 1-hour SO2 NAAQS. EPA
also notes that the commenters did not provide any technical analysis
contradicting EPA's proposed determination that Resolute will not
significantly contribute to nonattainment or interfere with maintenance
in another state.
---------------------------------------------------------------------------
\9\ https://www.epa.gov/air-emissions-inventories/national-emissions-inventory.
---------------------------------------------------------------------------
Comment 3: A commenter notes that EPA analyzed sources that emitted
more than 100 tpy of SO2 within 50 km of the South Carolina
border. The commenter states that EPA should have considered and
modeled sources that emitted less SO2 and are closer to the
border and that EPA evaluated sources emitting 1 tpy when acting on
good neighbor SIP revisions for Delaware and the District of Columbia.
Response 3: EPA assessed annual emissions data for non-DRR sources
emitting over 100 tons of SO2 in 2017 in South Carolina and
existing dispersion modeling for DRR sources to identify the universe
of sources in the State likely to be responsible for SO2
emissions potentially contributing to interstate transport. After
determining that 89 percent of South Carolina's statewide
SO2 emissions are from point sources based on 2014
emissions, EPA next focused on individual facilities which emitted
above 100 tpy using the most recent year for which point source
emission data was available, i.e., 2017. EPA assessed, using its best
judgment, which sources could have the most serious impact on downwind
states. EPA chose 100 tpy as the emissions threshold for consideration
for interstate transport because South Carolina's universe of point
sources was too large to evaluate every source at a lower threshold
like that used in the Delaware and District of Columbia analyses. South
Carolina's point sources of SO2 emitting 100 tons or less in
2017 comprise only seven percent of the State's total SO2
point source inventory in 2017.\10\ EPA is not precluded from choosing
different thresholds for evaluating interstate transport in different
states because the factual circumstances vary from state to state.
Furthermore, EPA notes that small sources, in particular those emitting
less than 100 tpy of SO2, usually cannot be
[[Page 54501]]
characterized accurately because the level of detail about the source
and the data needed for such an analysis is not as often readily
available as for the larger sources.
---------------------------------------------------------------------------
\10\ The 2017 South Carolina SO2 point source
emissions data which SC DHEC reported to EPA is included in the
docket for this action under Docket ID: EPA-R04-OAR-2018-0665.
---------------------------------------------------------------------------
Regarding the statement about modeling, EPA notes that it did not
independently model any sources as part of its evaluation of South
Carolina's good neighbor SIP submission, including sources emitting
more than 100 tpy of SO2 within 50 km from the South
Carolina border. EPA did, however, evaluate all available information
for sources that emitted more than 100 tpy of SO2 within 50
km of the border, including any available air dispersion modeling, and
continues to believe that its WOE analysis demonstrates that South
Carolina has satisfied the good neighbor provision for the 2010 1-hour
SO2 NAAQS. The commenter did not provide a technical
analysis indicating that sources emitting less than or equal to 100 tpy
within 50 km of the border may have downwind impacts that violate the
good neighbor provision.
Comment 4: A commenter states that three sources in South Carolina
(i.e., W.S. Lee Station, McMeekin Station, and WestRock) were ``able to
escape nonattainment designation status'' by accepting federally-
enforceable permit limits ``to exempt them from complying with the
DRR.'' The commenter states that accepting these limits does not mean
that these sources are not ``causing or contributing to nonattainment
or maintenance'' in another state and questions why EPA did not perform
modeling to determine if these sources are impacting neighboring states
for the 2010 1-hour SO2 NAAQS.
Response 4: Regarding the commenter's reference to the
SO2 designations signed on December 21, 2017 (83 FR 1098),
to the extent commenter is taking issue with those designations, those
designations and the federally-enforceable emission limits taken to
comply with the DRR are outside the scope of this action to approve
South Carolina's SIP revision to address interstate transport for the
2010 1-hour SO2 NAAQS. Regarding the comment concerning
modeling, EPA does not agree that modeling is necessary to demonstrate
that these sources do not significantly contribute to nonattainment or
interfere with maintenance of the 2010 1-hour SO2 NAAQS in
another state. As discussed above, there is nothing in the interstate
transport requirements of CAA section 110(a)(2)(D) suggesting that
dispersion modeling is legally required to evaluate good neighbor SIPs,
and EPA used its long-standing WOE approach to evaluate South
Carolina's SIP revision under the good neighbor provision. EPA also
notes that the commenter did not provide a technical analysis that
contradicts EPA's proposed determination that W.S. Lee Station,
McMeekin Station, and WestRock will not significantly contribute to
nonattainment or interfere with maintenance in another state.
III. Final Action
EPA is approving South Carolina's June 25, 2018, SIP submission as
demonstrating that South Carolina's SIP has adequate provisions
prohibiting any source or other type of emissions activity in the State
from emitting any air pollutant in amounts that will contribute
significantly to nonattainment or interfere with maintenance of the
2010 1-hour SO2 NAAQS in another state.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this action for South Carolina does not have Tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000) because it does not have substantial direct effects
on an Indian Tribe. The Catawba Indian Nation Reservation is located
within the boundary of York County, South Carolina. Pursuant to the
Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all
state and local environmental laws and regulations apply to the Catawba
Indian Nation and Reservation and are fully enforceable by all relevant
state and local agencies and authorities.'' However, EPA has determined
that this rule does not have substantial direct effects on an Indian
Tribe because this action is not approving any specific rule, but
rather has determined that South Carolina's already approved SIP meets
certain CAA requirements. EPA notes that this action will not impose
substantial direct costs on Tribal governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this
[[Page 54502]]
action must be filed in the United States Court of Appeals for the
appropriate circuit by December 9, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Dated: September 25, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PP-South Carolina
0
2. In Sec. 52.2120, the table in paragraph (e) is amended by adding
the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010
1-hour SO2 NAAQS'' at the end of the table to read as
follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Provision effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
110(a)(1) and (2) Infrastructure 6/25/2018 10/10/2019, [insert Addressing Prongs 1 and 2
Requirements for the 2010 1-hour SO2 Federal Register of section
NAAQS. citation]. 110(a)(2)(D)(i) only.
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[FR Doc. 2019-21956 Filed 10-9-19; 8:45 am]
BILLING CODE 6560-50-P