14606 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Nitrogen dioxides, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: March 5, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–6224 Filed 3–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0721–201040; FRL– 

9282–4] 

Approval and Promulgation of 

Implementation Plans; South Carolina; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

submission submitted by the State of 

South Carolina, through the Department 

of Health and Environmental Control 

(DHEC), to demonstrate that the State 

meets the requirements of sections 

110(a)(1) and (2) of the Clean Air Act 

(CAA or Act) for the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS). Section 110(a) of the CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance and enforcement of each 

NAAQS promulgated by the EPA, which 

is commonly referred to as an 

‘‘infrastructure’’ SIP. South Carolina 

certified that the South Carolina SIP 

contains provisions that ensure the 1997 

8-hour ozone NAAQS are implemented, 

enforced, and maintained in South 

Carolina (hereafter referred to as 

‘‘infrastructure submission’’). South 

Carolina’s infrastructure submission, 

provided to EPA on December 13, 2007, 

addressed all the required infrastructure 

elements for the 1997 8-hour ozone 

NAAQS. 

DATES: Written comments must be 

received on or before April 18, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0721, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9140. 

4. Mail: ‘‘EPA–R04–OAR–2010–0721,’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0721. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 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 ward.nacosta@epa.gov. 

Table of Contents 

I. Background 

II. What elements are required under 

Sections 110(a)(1) and (2)? 

III. What is EPA’s analysis of how South 

Carolina addressed the elements of 

Sections 110(a)(1) and (2) 

‘‘infrastructure’’ provisions? 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA promulgated a 

new NAAQS for ozone based on 8-hour 

average concentrations. The 8-hour 

averaging period replaced the previous 

1-hour averaging period, and the level of 

the NAAQS was changed from 0.12 

parts per million (ppm) to 0.08 ppm. 

See 62 FR 38856. Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIPs meeting the requirements 

of section 110(a)(2) within three years 

after promulgation of a new or revised 

NAAQS. Sections 110(a)(2) require 

states to address basic SIP requirements, 

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1Two 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). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’s proposed rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 

8-hour ozone NAAQS. Interstate transport 

requirements were formerly addressed by South 

Carolina consistent with the Clean Air Interstate 

Rule (CAIR). On December 23, 2008, CAIR was 

remanded by the DC Circuit Court of Appeals, 

without vacatur, back to EPA. See North Carolina 

v. EPA, 531 F.3d 896 (DC Cir. 2008). Prior to this 

remand, EPA took final action to approve South 

Carolina’s SIP revision, which was submitted to 

comply with CAIR. See 72 FR 57209 (October 9, 

2007). In so doing, South Carolina’s CAIR SIP 

revision addressed the interstate transport 

provisions in Section 110(a)(2)(D)(i) for the 1997 

8-hour ozone NAAQS. In response to the remand 

of CAIR, EPA has since proposed a new rule to 

address the interstate transport of NOX and SOX in 

the eastern United States. See 75 FR 45210 (Aug. 

2, 2010) (‘‘the Transport Rule’’). However, because 

this rule has yet to be finalized, EPA’s action on 

element 110(a)(2)(D)(i) will be addressed in a 

separate action. 

4This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under Section 

110(a)(1) and (2) for the 1997 8-Hour Ozone and 

PM2.5 National Ambient Air Quality Standards,’’ but 

as mentioned above is not relevant to today’s 

proposed rulemaking. 

including emissions inventories, 

monitoring, and modeling to assure 

attainment and maintenance of the 

NAAQS. States were required to submit 

such SIPs for the 1997 8-hour ozone 

NAAQS to EPA no later than June 2000. 

However, intervening litigation over the 

1997 8-hour ozone NAAQS created 

uncertainty about how to proceed and 

many states did not provide the 

required ‘‘infrastructure’’ SIP submission 

for these newly promulgated NAAQS. 

On March 4, 2004, Earthjustice 

submitted a notice of intent to sue 

related to EPA’s failure to issue findings 

of failure to submit related to the 

‘‘infrastructure’’ requirements for the 

1997 8-hour ozone NAAQS. EPA 

entered into a consent decree with 

Earthjustice which required EPA, among 

other things, to complete a Federal 

Register notice announcing EPA’s 

determinations pursuant to section 

110(k)(1)(B) as to whether each state had 

made complete submissions to meet the 

requirements of section 110(a)(2) for the 

1997 8-hour ozone NAAQS by 

December 15, 2007. Subsequently, EPA 

received an extension of the date to 

complete this Federal Register notice 

until March 17, 2008, based upon 

agreement to make the findings with 

respect to submissions made by January 

7, 2008. In accordance with the consent 

decree, EPA made completeness 

findings for each state based upon what 

the Agency received from each state as 

of January 7, 2008. 

On March 27, 2008, EPA published a 

final rulemaking entitled, 

‘‘Completeness Findings for Section 

110(a) State Implementation Plans; 

8-Hour Ozone NAAQS,’’ making a 

finding that each state had submitted or 

failed to submit a complete SIP that 

provided the basic program elements of 

section 110(a)(2) necessary to 

implement the 1997 8-hour ozone 

NAAQS. See 73 FR 16205. For those 

states that did receive findings, the 

findings of failure to submit for all or a 

portion of a state’s implementation plan 

established a 24-month deadline for 

EPA to promulgate a Federal 

Implementation Plan to address the 

outstanding SIP elements unless, prior 

to that time, the affected states 

submitted, and EPA approved, the 

required SIPs. 

The findings that all or portions of a 

state’s submission are complete 

established a 12-month deadline for 

EPA to take action upon the complete 

SIP elements in accordance with section 

110(k). South Carolina’s infrastructure 

submission was received by EPA on 

December 13, 2007, and was determined 

to be complete on March 27, 2008. 

South Carolina was among other states 

that did not receive a finding of failure 

to submit because it provided a 

complete submission to EPA to address 

the infrastructure elements for the 1997 

8-hour ozone NAAQS by March 1, 2008. 

Today’s action is proposing to approve 

South Carolina’s infrastructure 

submission for which EPA made the 

completeness determination on March 

27, 2008. This action is not approving 

any specific rule, but rather proposing 

that Alabama’s already approved SIP 

meets certain CAA requirements. 

II. What elements are required under 

Sections 110(a)(1) and (2)? 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP for a new or revised 

NAAQS affects the content of the 

submission. The contents of such SIP 

submissions may also vary depending 

upon what provisions the state’s 

existing SIP already contains. In the 

case of the 1997 8-hour ozone NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

mentioned above, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. The requirements that are 

the subject of this proposed rulemaking 

are listed below 1 and in EPA’s October 

2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required 

Under Section 110(a)(1) and (2) for the 

1997 8-Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.2

• 110(a)(2)(D): Interstate transport.3

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.4

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

III. What is EPA’s analysis of how 

South Carolina addressed the elements 

of the Sections 110(a)(1) and (2) 

‘‘infrastructure’’ provisions? 

The South Carolina infrastructure 

submission addresses the provisions of 

sections 110(a)(1) and (2) as described 

below. 

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1. 110(a)(2)(A): Emission limits and 

other control measures: South 

Carolina’s SIP provides an overview of 

the provisions of the South Carolina Air 

Pollution Control Regulations relevant 

to air quality control regulations. The 

regulations described below have been 

federally approved in the South 

Carolina SIP and include enforceable 

emission limitations and other control 

measures. Regulation 61–62.5, Standard 

No. 2, Ambient Air Quality Standards, 

and Regulation 61–62.1, Definitions and 

General Requirements, establish 

emission limits for ozone and addresses 

the required control measures, means 

and techniques for compliance of the 

ozone NAAQS respectively. In addition, 

South Carolina’s state-only Regulation 

61–30 gives the DHEC the authority to 

levy fees for permits and establishes 

schedules for timely action on permit 

applications. EPA has made the 

preliminary determination that the 

provisions contained in these chapters 

and South Carolina’s practices are 

adequate to protect the 1997 8-hour 

ozone NAAQS in the State. 

In this action, EPA is not proposing to 

approve or disapprove any existing 

State provisions with regard to excess 

emissions during startup, shutdown, or 

malfunction (SSM) of operations at a 

facility. EPA believes that a number of 

states have SSM provisions which are 

contrary to the CAA and existing EPA 

guidance, ‘‘State Implementation Plans: 

Policy Regarding Excess Emissions 

During Malfunctions, Startup, and 

Shutdown’’ (September 20, 1999), and 

the Agency plans to address such state 

regulations in the future. In the 

meantime, EPA encourages any state 

having a deficient SSM provision to take 

steps to correct it as soon as possible. 

Additionally, in this action, EPA is 

not proposing to approve or disapprove 

any existing State rules with regard to 

director’s discretion or variance 

provisions. EPA believes that a number 

of states have such provisions which are 

contrary to the CAA and existing EPA 

guidance (52 FR 45109 (November 24, 

1987)), and the Agency plans to take 

action in the future to address such state 

regulations. In the meantime, EPA 

encourages any state having a director’s 

discretion or variance provision which 

is contrary to the CAA and EPA 

guidance to take steps to correct the 

deficiency as soon as possible. 

2. 110(a)(2)(B) Ambient air quality 

monitoring/data system: South 

Carolina’s SIP Regulation 61–62.5, 

Standard No. 7, Prevention of 

Significant Deterioration, along with the 

South Carolina Network Description 

and Ambient Air Network Monitoring 

Plan provides for an ambient air quality 

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 (NOX) as an ozone 

precursor for permitting purposes. 

Specifically, the Ozone Implementation 

NSR Update requirements include 

changes to major source thresholds for 

sources in certain classes of 

nonattainment areas, changes to offset 

ratios for marginal, moderate, serious, 

severe, and extreme ozone 

nonattainment areas, provisions 

addressing offset requirements for 

facilities that shut down or curtail 

operation, and a requirement stating 

that NOX emissions are ozone 

precursors. EPA is currently proposing 

approval of South Carolina’s December 

2, 2010, submission in a rulemaking 

separate from today’s action. 

On June 11, 2010, the South Carolina 

Governor signed an Executive Order to 

confirm that the State had authority to 

implement appropriate emission 

thresholds for determining which new 

stationary sources and modification 

projects become subject to PSD 

permitting requirements for their GHG 

emissions at the state level. On 

December 30, 2010, EPA published a 

final rulemaking, ‘‘Action To Ensure 

Authority To Implement Title V 

Permitting Programs Under the 

Greenhouse Gas Tailoring Rule’’ (75 FR 

82254) to narrow EPA’s previous 

approval of State title V operating 

permit programs that apply (or may 

apply) to GHG-emitting sources; this 

rule hereafter is referred to as the 

‘‘Narrowing Rule.’’ EPA narrowed its 

previous approval of certain State 

permitting thresholds, for GHG 

emissions so that only sources that 

equal or exceed the GHG thresholds, as 

established in the final Tailoring Rule, 

would be covered as major sources by 

the Federally-approved programs in the 

affected States. South Carolina was 

included in this rulemaking. On March 

4, 2011, South Carolina submitted a 

letter withdrawing from EPA’s 

consideration the portion of South 

Carolina’s SIP for which EPA withdrew 

its previous approval in the Narrowing 

Rule. These provisions are no longer 

intended for inclusion in the SIP, and 

are no longer before EPA for its approval 

or disapproval. A copy of South 

Carolina’s letter can be accessed at 

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 

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requirements for this program to give 

the states an appropriate level of 

flexibility to design a program that 

meets their particular air quality 

concerns, while assuring reasonable 

consistency across the country in 

protecting the NAAQS with respect to 

new and modified minor sources. 

EPA has made the preliminary 

determination that South Carolina’s SIP 

and practices are adequate for program 

enforcement of control measures 

including review of proposed new 

sources related to the 1997 8-hour ozone 

NAAQS. 

4. 110(a)(2)(D)(ii) Interstate and 

International transport provisions: 

In Regulation 61–62.5 Standard 7— 

Prevention of Significant Deterioration, 

DHEC outlines how it will notify 

neighboring states of potential impacts 

from new or modified sources. South 

Carolina does not have any pending 

obligation under section 115 and 126. 

Additionally, South Carolina has 

federally approved regulations in its SIP 

that satisfy the requirements for the 

NOx SIP Call. See 67 FR 43546 (June 28, 

2002). EPA has made the preliminary 

determination that South Carolina’s SIP 

and practices are adequate for insuring 

compliance with the applicable 

requirements relating to interstate and 

international pollution abatement for 

the 1997 8-hour ozone NAAQS. 

5. 110(a)(2)(E) Adequate resources: 

DHEC is provided its legal authority to 

establish a SIP and implement related 

plants, in general, under S.C. Code Ann. 

Section 48, Title 1. Specifically, S.C. 

Code Ann. § 48–1–50(12) grants DHEC 

the statutory authority to ‘‘Accept, 

receive and administer grants or other 

funds or gifts for the purpose of carrying 

out any of the purposes of this chapter; 

accept, receive and receipt for Federal 

money given by the Federal government 

under any Federal law to the State of 

South Carolina for air or water control 

activities, surveys or programs.’’ S.C. 

Code Ann. Section 48, Title 2 grants 

DHEC statutory authority to establish 

environmental protection funds. 

Additionally, Regulation 61–30, 

Environmental Protection Fees, provides 

DHEC with the ability to access fees for 

environmental permitting programs. 

DHEC implements the SIP in 

accordance with the provisions of S.C. 

Code Ann § 1–23–40 (the 

Administrative Procedures Act) and S.C. 

Code Ann. Section 48, Title 1. In 

addition, the requirements of 

110(a)(2)(E)(i-iii) are met when EPA 

performs a completeness determination 

for each SIP submittal. This ensures that 

each submittal provides evidence that 

adequate personnel, funding, and legal 

authority under State Law has been 

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: 

• August 31, 2007, SIP Revision— 

Rock Hill-Fort Mill (Charlotte) 8-hr 

Ozone Reasonably Available Control 

Technology and Reasonable Further 

Progress; 

• December 13, 2007, SIP Revision 

(EPA approval, 74 FR 26099, June 1, 

2009, with a correcting amendment 75 

FR 3870, January 25, 2010) Cherokee 

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County 8-hour Ozone 110(a)(1) 

Maintenance Plan; 

• April 29, 2010, SIP Revision— 

Supplement and Resubmission of the 

1997 8-hour Ozone Rock Hill-Fort Mill 

Attainment Demonstration (Charlotte) 

In the Rock Hill-Fort Mill, South 

Carolina maintenance plans for the 

Charlotte-Gastonia-Rock Hill, NC–SC 

nonattainment area, the State commits 

to provide additional SIP revisions for 

the 1997 8-hour ozone NAAQS pursuant 

to 175(A)(b), and also commits to 

provide additional SIP revisions to 

implement contingency measures in the 

future. EPA has made the preliminary 

determination that South Carolina’s SIP 

and practices adequately demonstrate a 

commitment to provide future SIP 

revisions related to the 1997 8-hour 

ozone NAAQS when necessary. 

9. 110(a)(2)(J) (121 consultation) 

Consultation with government officials: 

South Carolina Air Regulation 61–62.5, 

Standard No. 7, Prevention of 

Significant Deterioration, as well as the 

Regional Haze Implementation Plan 

(which allows for consultation between 

appropriate state, local, and tribal air 

pollution control agencies as well as the 

corresponding Federal Land Managers), 

provide for consultation with 

government officials whose jurisdictions 

might be affected by SIP development 

activities. More specifically, South 

Carolina adopted state-wide 

consultation procedures for the 

implementation of transportation 

conformity which includes the 

consideration of the development of 

mobile inventories for SIP development. 

Required partners covered by South 

Carolina’s consultation procedures 

include federal, state and local 

transportation and air quality agency 

officials. EPA approved South 

Carolina’s consultation procedures on 

July 28, 2009 (See 74 FR 37168). EPA 

has made the preliminary determination 

that South Carolina’s SIP and practices 

adequately demonstrate consultation 

with government officials related to the 

1997 8-hour ozone NAAQS when 

necessary. 

10. 110(a)(2)(J) (127 public 

notification) Public notification: DHEC 

has several public notice mechanisms in 

place to notify the public of ozone and 

other pollutant forecasting, including an 

air quality monitoring website with 

ground level ozone alerts. South 

Carolina also has an extensive outreach 

program to educate the public and 

promote voluntary emissions reduction 

measures including the ‘‘Take a Break 

from the Exhaust’’ alternative transit 

reward system. As discussed above, 

Regulation 61–62.3, Air Pollution 

Episodes, requires that DHEC notify the 

public of any air pollution episode or 

NAAQS violation. EPA has made the 

preliminary determination that South 

Carolina’s SIP and practices adequately 

demonstrate the State’s ability to 

provide public notification related to 

the 1997 8-hour ozone NAAQS when 

necessary. 

11. 110(a)(2)(J) (PSD) PSD and 

visibility protection: South Carolina 

demonstrates its authority to regulate 

new and modified sources of ozone 

precursors volatile organic compounds 

(VOCs) and NOx to assist in the 

protection of air quality in South 

Carolina’s Air Regulation 61–62.5, 

Standard No. 7, Prevention of 

Significant Deterioration. On December 

2, 2010, South Carolina submitted, for 

parallel processing, a SIP revision 

which addresses the Ozone 

Implementation NSR Update 

requirements to include NOx as an 

ozone precursor for permitting 

purposes. Specifically, the Ozone 

Implementation NSR Update 

requirements include changes to major 

source thresholds for sources in certain 

classes of nonattainment areas, changes 

to offset ratios for marginal, moderate, 

serious, severe, and extreme ozone 

nonattainment areas, provisions 

addressing offset requirements for 

facilities that shut down or curtail 

operation, and a requirement stating 

that NOX emissions are ozone 

precursors. EPA is currently proposing 

approval of South Carolina’s December 

2, 2010, submission in a rulemaking 

separate from today’s action. 

With regard to the applicable 

requirements for visibility protection, 

EPA recognizes that states are subject to 

visibility and regional haze program 

requirements under Part C of the Act 

(which includes sections 169A and 

169B). In the event of the establishment 

of a new NAAQS, however, the 

visibility and regional haze program 

requirements under part C do not 

change. Thus, EPA finds that there is no 

new visibility obligation ‘‘triggered’’ 

under section 110(a)(2)(J) when a new 

NAAQS becomes effective. This would 

be the case even in the event a 

secondary PM2.5 NAAQS for visibility is 

established, because this NAAQS would 

not affect visibility requirements under 

part C. South Carolina has submitted 

SIP revisions for approval to satisfy the 

requirements of the CAA Section 169A, 

and the regional haze and best available 

retrofit technology rules contained in 40 

CFR 51.308. These revisions are 

currently under review and will be 

acted on in a separate action. EPA has 

made the preliminary determination 

that South Carolina’s SIP and practices 

adequately demonstrate the State’s 

ability to implement PSD programs and 

to provide for visibility protection 

related to the 1997 8-hour ozone 

NAAQS when necessary. 

12. 110(a)(2)(K) Air quality and 

modeling/data: South Carolina 

Regulation 61–62.5, Standard No. 2, 

Ambient Air Quality Standards, and 

Regulation 61–62.5, Standard No. 7, 

Prevention of Significant Deterioration, 

require that air modeling be conducted 

to determine permit applicability. These 

standards demonstrate that South 

Carolina has the authority to provide 

relevant data for the purpose of 

predicting the effect on ambient air 

quality of the 8-hour ozone NAAQS. 

Additionally, South Carolina supports a 

regional effort to coordinate the 

development of emissions inventories 

and conduct regional modeling for 

several NAAQS, including the 1997 8- 

hour ozone NAAQS, for the 

Southeastern states. Taken as a whole, 

South Carolina’s air quality regulations 

demonstrate that ADEM has the 

authority to provide relevant data for 

the purpose of predicting the effect on 

ambient air quality of the 8-hour ozone 

NAAQS. EPA has made the preliminary 

determination that South Carolina’s SIP 

and practices adequately demonstrate 

the State’s ability to provide for air 

quality and modeling, along with 

analysis of the associated data, related 

to the 1997 8-hour ozone NAAQS when 

necessary. 

13. 110(a)(2)(L) Permitting fees: 

Pursuant to S.C. Code Ann. § 48–2–50, 

DHEC shall charge fees for 

environmental programs it administers 

pursuant to federal and state law and 

regulations. Regulation 61–30, 

Environmental Protection Fees, 

prescribes fees applicable to applicants 

and holders of permits, licenses, 

certificates, certifications, and 

registrations as well as establishes 

procedures for the payment of fees, 

provides for the assessment of penalties 

for nonpayment, and establishes an 

appeals process for refuting fees. EPA 

has made the preliminary determination 

that South Carolina’s SIP and practices 

adequately provide for permitting fees 

related to the 1997 8-hour ozone 

NAAQS when necessary. 

14. 110(a)(2)(M) Consultation/ 

participation by affected local entities: 

Regulation 61–62.5, Standard No. 7, 

Prevention of Significant Deterioration, 

of the South Carolina SIP requires that 

DHEC notify the public of the 

application, preliminary determination, 

degree of incremental consumption, and 

the opportunity for comment prior to 

making a final permitting decision. 

DHEC has worked closely with local 

political subdivisions when developing 

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its Transportation Conformity SIP, 

Regional Haze Implementation Plan, 

Early Action Compacts, and the 8-hour 

Ozone Attainment Demonstration for 

York County, South Carolina portion of 

the Charlotte-Gastonia-Rock Hill NC–SC 

nonattainment area. EPA has made the 

preliminary determination that South 

Carolina’s SIP and practices adequately 

demonstrate consultation with affected 

local entities related to the 1997 8-hour 

ozone NAAQS when necessary. 

IV. Proposed Action 

As described above, DHEC has 

addressed the elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that the 1997 8-hour 

ozone NAAQS are implemented, 

enforced, and maintained in South 

Carolina. EPA is proposing to approve 

South Carolina’s infrastructure 

submission for the 1997 8-hour ozone 

NAAQS because this submission is 

consistent with section 110 of the CAA. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: March 7, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–6270 Filed 3–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0720–201039 FRL– 

9282–3] 

Approval and Promulgation of 

Implementation Plans; Alabama; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP), 

submitted by the State of Alabama, 

through the Alabama Department of 

Environmental Management (ADEM) as 

demonstrating that the State meets the 

requirements of sections 110(a)(1) and 

(2) of the Clean Air Act (CAA or the Act) 

for the 1997 8-hour ozone national 

ambient air quality standard (NAAQS). 

Section 110(a) of the CAA requires that 

each state adopt and submit a SIP for 

the implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Alabama certified 

that the Alabama SIP contains 

provisions that ensure the 1997 8-hour 

ozone NAAQS is implemented, 

enforced, and maintained in Alabama 

(hereafter referred to as ‘‘infrastructure 

submission’’). Alabama’s infrastructure 

submission, provided to EPA on 

December 10, 2007, addressed all the 

required infrastructure elements for the 

1997 8-hour ozone NAAQS. 

DATES: Written comments must be 

received on or before April 18, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0720, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9140. 

4. Mail: ‘‘EPA–R04–OAR–2010–0720,’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0720. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 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 

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