[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Proposed Rules]
[Pages 14606-14611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6270]


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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.

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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. http://www.regulations.gov: Follow the online instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#93f1f6fdf9f2fefafdbdffeafdfce1f2f6d3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="3557505b5f54585c5b1b594c5b5a475450755045541b525a43">[email protected]</span></a>.
    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 
http://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 http://www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The http://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 http://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 http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://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 http://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 
<a href="/cdn-cgi/l/email-protection#b8cfd9cadc96d6d9dbd7cbccd9f8ddc8d996dfd7ce"><span class="__cf_email__" data-cfemail="50273122347e3e31333f232431103520317e373f26">[email protected]</span></a>.

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 
PM<INF>2.5</INF> National Ambient Air Quality Standards.''
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    \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).
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    <bullet> 110(a)(2)(A): Emission limits and other control measures.
    <bullet> 110(a)(2)(B): Ambient air quality monitoring/data system.
    <bullet> 110(a)(2)(C): Program for enforcement of control 
measures.\2\
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    \2\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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    <bullet> 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 
NO<INF>X</INF> and SO<INF>X</INF> 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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    <bullet> 110(a)(2)(E): Adequate resources.
    <bullet> 110(a)(2)(F): Stationary source monitoring system.
    <bullet> 110(a)(2)(G): Emergency power.
    <bullet> 110(a)(2)(H): Future SIP revisions.
    <bullet> 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 PM<INF>2.5</INF> National Ambient Air Quality Standards,'' but 
as mentioned above is not relevant to today's proposed rulemaking.
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    <bullet> 110(a)(2)(J): Consultation with government officials; 
public notification; and PSD and visibility protection.
    <bullet> 110(a)(2)(K): Air quality modeling/data.
    <bullet> 110(a)(2)(L): Permitting fees.
    <bullet> 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 http://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 
(NO<INF>X</INF>) 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 NO<INF>X</INF> 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 http://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 
http://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 http://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:
    <bullet> August 31, 2007, SIP Revision--Rock Hill-Fort Mill 
(Charlotte) 8-hr Ozone Reasonably Available Control Technology and 
Reasonable Further Progress;
    <bullet> 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;
    <bullet> 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 
NO<INF>x</INF> 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 NO<INF>x</INF> 
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 NO<INF>X</INF> 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 PM<INF>2.5</INF> 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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


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