```

[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Rules and Regulations]
[Pages 33413-33418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14338]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0915; FRL-9928-88-Region 4]

Approval and Promulgation of Implementation Plans; South 
Carolina; Charlotte-Rock Hill; Base Year Emissions Inventory and 
Emissions Statements Requirements for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve the portions of the state implementation plan 
(SIP) revisions submitted by the State of South Carolina, through South 
Carolina Department of Health and Environmental Control (SC DHEC) on 
August 8, 2014, and August 22, 2014, that address the base year 
emissions inventory and emissions statements requirements for the 
State's portion of the bi-state Charlotte-Gastonia-Rock Hill North 
Carolina-South Carolina 2008 8-hour ozone national ambient air quality 
standards (NAAQS) nonattainment area (hereinafter referred to as the 
``bi-state Charlotte Area'' or ``Area''). Annual emissions reporting 
(i.e., emissions statements) and a base year emissions inventory are 
required for all ozone nonattainment areas. The Area is comprised of 
the entire county of Mecklenburg and portions of Cabarrus, Gaston, 
Lincoln, Rowan, and Union Counties in North Carolina and a portion of 
York County in South Carolina. EPA has published proposed and direct 
final actions on the emissions inventory and emissions statements 
requirements for the North Carolina portion of the bi-state Charlotte 
Area in separate rulemaking documents.

DATES: This direct final rule is effective August 11, 2015 without 
further notice, unless EPA receives adverse comment by July 13, 2015. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2014-0915, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-ARMS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2014-0915,'' Air Regulatory Management 
Section, Air Planning and Implementation 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, Chief, Air 
Regulatory Management Section, Air Planning and Implementation 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

[[Page 33414]]

operation. The Regional Office's official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2014-0915. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The 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 email 
comment directly to EPA without going through www.regulations.gov, your 
email 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 
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 www.regulations.gov or 
in hard copy at the Air Regulatory Management Section, Air Planning and 
Implementation 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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Ms. Bell can be reached at (404) 562-9088 and via 
electronic mail at bell.tiereny@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ambient air quality ozone concentrations is less 
than or equal to 0.075 ppm. 40 CFR 50.15. Ambient air quality 
monitoring data for the 3-year period must meet a data completeness 
requirement. The ambient air quality monitoring data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is greater than 90 percent, and no single year has less 
than 75 percent data completeness as determined in Appendix I of part 
50.
    Upon promulgation of a new or revised NAAQS, the Clean Air Act (CAA 
or Act) requires EPA to designate as nonattainment any area that is 
violating the NAAQS based on the three most recent years of ambient air 
quality data at the conclusion of the designation process. The bi-state 
Charlotte Area was designated nonattainment for the 2008 8-hour ozone 
NAAQS on April 30, 2012 (effective July 20, 2012) using 2009-2011 
ambient air quality data. See 77 FR 30088 (May 21, 2012). At the time 
of designation, the bi-state Charlotte Area was classified as a 
marginal nonattainment area for the 2008 8-hour ozone NAAQS. On March 
6, 2015, EPA finalized a rule entitled ``Implementation of the 2008 
National Ambient Air Quality Standards for Ozone: State Implementation 
Plan Requirements'' (SIP Requirements Rule) that establishes the 
requirements that state, tribal, and local air quality management 
agencies must meet as they develop implementation plans for areas where 
air quality exceeds the 2008 8-hour ozone NAAQS.\1\ See 80 FR 12264. 
This rule establishes nonattainment area attainment dates based on 
Table 1 of section 181(a) of the CAA, including an attainment date 
three years after the July 20, 2012, effective date, for areas 
classified as marginal for the 2008 8-hour ozone NAAQS. Therefore, the 
attainment date for the bi-state Charlotte Area is July 20, 2015.
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
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    Based on the nonattainment designation, South Carolina was required 
to develop a SIP revision addressing certain CAA requirements for the 
Area. Specifically, pursuant to CAA section 182(a)(3)(B) and section 
182(a)(1), South Carolina was required to submit a SIP revision 
addressing the emissions statements and emissions inventory 
requirements, respectively.
    Ground level ozone is not emitted directly into the air, but is 
created by chemical reactions between oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Section 182(a)(3)(B) of the CAA requires each state with ozone 
nonattainment areas to submit a SIP revision requiring annual emissions 
statements to be submitted to the state by the owner or operator of 
each NOX or VOC stationary source \2\ located within a 
nonattainment area showing the actual emissions of NOX and 
VOC from that source. The first statement is due three years from the 
area's nonattainment designation, and subsequent statements are due at 
least annually thereafter. Section 182(a)(1) of the CAA requires states 
with areas designated nonattainment for the ozone NAAQS to submit a SIP 
revision providing a comprehensive, accurate, and current inventory of 
actual emissions from all sources of the relevant pollutant or 
pollutants in such area. NOX and VOCs are the relevant 
pollutants because they are the precursors of ozone.
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    \2\ A state may waive the emission statement requirement for any 
class or category of stationary sources which emit less than 25 tons 
per year of VOCs or NOX if the state meets the 
requirements of section 182(a)(3)(B)(ii).
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    On August 8, 2014, South Carolina submitted a SIP revision that, 
among

[[Page 33415]]

other things, addressed emissions statements requirements related to 
the 2008 8-hour ozone NAAQS for its portion of the bi-state Charlotte 
Area. Additionally, on August 22, 2014, South Carolina submitted a SIP 
revision that included a base year emissions inventory for the Area. 
EPA is now taking action to approve the portion of the August 8, 2014 
SIP revision related to emissions statements as meeting the 
requirements of sections 110 and 182(a)(3)(B) of the CAA and to approve 
the portion of the August 22, 2014 SIP revision related to the base 
year inventory as meeting the requirements of sections 110 and 
182(a)(1) of the CAA.\3\ More information on EPA's analysis of South 
Carolina's SIP revisions provided below.
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    \3\ Regarding the emissions statements requirements, today's 
direct final rulemaking is only approving certain revisions to 
Section III, Emissions Inventory and Emission Statements, of state 
Regulation No. 61-62.1 into the SIP. See sections II.b. and III, 
below, for further detail. EPA will act on the remaining portions of 
South Carolina's August 8, 2014, SIP revision in a separate action.
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II. Analysis of State's Submittal

a. Base Year Emission Inventory

    As discussed above, section 182(a)(1) of the CAA requires states to 
submit a comprehensive, accurate, and current inventory of actual 
emissions from all sources of the relevant pollutant or pollutants in 
each ozone non-attainment area. The section 182(a)(1) base year 
inventory is defined in the SIP Requirements Rule as ``a comprehensive, 
accurate, current inventory of actual emissions from sources of VOC and 
NOX emitted within the boundaries of the nonattainment area 
as required by CAA section 182(a)(1).'' See 40 CFR 51.1100(bb). The 
inventory year must be selected consistent with the baseline year for 
the RFP plan as required by 40 CFR 51.1110(b),\4\ and the inventory 
must include actual ozone season day emissions as defined in 40 CFR 
51.1100(cc) \5\ and contain data elements consistent with the detail 
required by 40 CFR part 51, subpart A. See 40 CFR 51.1115(a), (c), (e). 
In addition, the point source emissions included in the inventory must 
be reported according to the point source emissions thresholds of the 
Air Emissions Reporting Requirements (AERR) in 40 CFR part 51, subpart 
A. 40 CFR 51.1115(d).
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    \4\ 40 CFR 51.1110(b) states that ``at the time of designation 
for the 2008 ozone NAAQS the baseline emissions inventory shall be 
the emissions inventory for the most recent calendar year for which 
a complete triennial inventory is required to be submitted to EPA 
under the provisions of subpart A of this part. States may use an 
alternative baseline emissions inventory provided the state 
demonstrates why it is appropriate to use the alternative baseline 
year, and provided that the year selected is between the years 2008 
to 2012.''
    \5\ ``Ozone season day emissions'' is defined as ``an average 
day's emissions for a typical ozone season work weekday. The state 
shall select, subject to EPA approval, the particular month(s) in 
the ozone season and the day(s) in the work week to be represented, 
considering the conditions assumed in the development of RFP plans 
and/or emissions budgets for transportation conformity.'' 40 CFR 
51.1100(cc).
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    South Carolina selected 2011 as the base year for the emissions 
inventory which is the year corresponding with the first triennial 
inventory under 40 CFR part 51, subpart A. This base year is one of the 
three years of ambient data used to designate the Area as a 
nonattainment area and therefore represents emissions associated with 
nonattainment conditions. The emissions inventory is based on data 
developed and submitted by SC DHEC to EPA's 2011 National Emissions 
Inventory (NEI), and it contains data elements consistent with the 
detail required by 40 CFR part 51, subpart A.\6\
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    \6\ Data downloaded from the EPA EIS from the 2011 NEI was 
subjected to quality assurance procedures described under quality 
assurance details under 2011 NEI Version 1 Documentation located at 
http://www.epa.gov/ttn/chief/net/2011inventory.html#inventorydoc. 
The quality assurance and quality control procedures and measures 
associated with this data are outlined in the State's EPA-approved 
Emission Inventory Quality Assurance Project Plan.
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    South Carolina's emissions inventory for its portion of the Area 
provides 2011 typical average summer day emissions data for 
NOX and VOCs for the following general source categories: 
stationary point, area, non-road mobile, on-road mobile, and events.\7\ 
A detailed discussion of the inventory development is located in 
Appendix A of the South Carolina submittal which is provided in the 
docket for this action. The table below provides a summary of the 
emissions inventory.
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    \7\ South Carolina included events (i.e. wildfires and 
prescribed fires) to account for actual event source emissions.

                           Table 1--2011 Emissions for the South Carolina, York County Portion of the bi-state Charlotte Area
                                                                  [Tons per summer day]
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                                                                      Point             Area         Non-road mobile   On-road mobile        Events
                            County                             -----------------------------------------------------------------------------------------
                                                                  NOX      VOC      NOX      VOC      NOX      VOC      NOX      VOC      NOX      VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
York County *.................................................     4.71     4.02     0.93     6.93     2.63     1.78    11.43     5.30     0.04     0.42
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* Only a portion of York County is located in the nonattainment area.

    The emissions reported for York County reflect the emissions for 
only the nonattainment portion of the county. The inventory contains 
point source emissions data for facilities located within the South 
Carolina portion of the Area based on Geographic Information Systems 
(GIS) mapping. For the remaining emissions categories, emissions from 
the South Carolina portion of the bi-state Charlotte Area were 
determined based on the population of the portion of York County that 
is included in the Area. More detail on the emissions inventory for 
individual sources categories is provided below and in Appendix A of 
the State's August 22, 2014 submittal.
    Point sources are large, stationary, identifiable sources of 
emissions that release pollutants into the atmosphere. The point source 
emissions inventory for South Carolina's portion of the bi-state 
Charlotte Area was developed from facility-specific emissions data. A 
detailed account of the point sources can be found in Appendix A of the 
August 22, 2014, submittal, which is located in the docket for today's 
action. The point source emissions data meets the point source 
emissions thresholds of 40 CFR part 51, subpart A.
    Area sources are small emission stationary sources which, due to 
their large number, collectively have significant emissions (e.g., dry 
cleaners, service stations). Emissions for these sources were estimated 
by multiplying an emission factor by such indicators of collective 
emissions activity as production, number of employees, or population. 
These emissions were estimated at the county level. South Carolina 
developed its inventory according to the current EPA emissions

[[Page 33416]]

inventory guidance for area sources.\8\ A detailed account of the area 
sources can be found in Appendix A of the August 22, 2014, submittal.
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    \8\ This guidance includes: Procedures for the Preparation of 
Emission Inventories of Carbon Monoxide and Precursors of Ozone, 
Vol. 1, EPA-450/4-91-016 (May 1991) and Emissions Inventory 
Improvement Program (EIIP) Technical Report, Vol. 3, Area Sources 
(Revised January 2001, updated April 2001).
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    On-road mobile sources include vehicles used on roads for 
transportation of passengers or freight. South Carolina developed its 
on-road emissions inventory using EPA's Motor Vehicle Emissions 
Simulator (MOVES) model for each ozone nonattainment county.\9\ County 
level on-road modeling was conducted using county-specific vehicle 
population and other local data. South Carolina developed its inventory 
according to the current EPA emissions inventory guidance for on-road 
mobile sources.\10\ A detailed account of the on-road sources can be 
found in Appendix A of the August 22, 2014, submittal.
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    \9\ South Carolina used MOVES version 2010b because this was the 
latest version available at the time that the State submitted its 
SIP revision.
    \10\ This guidance includes: Emissions Inventory Guidance for 
Implementation of Ozone and Particulate Matter National Ambient Air 
Quality Standards (NAAQS) and Regional Haze Regulations, EPA-454/R-
05-001 (August 2005, updated November 2005); Policy Guidance on the 
Use of MOVES2010 for State Implementation Plan Development, 
Transportation Conformity, and Other Purposes, EPA-420-B-09-046 
(December 2009); and Technical Guidance on the Use of MOVES2010 for 
Emission Inventory Preparation in State Implementation Plans and 
Transportation Conformity, EPA-420-B-10-023 (April 2010).
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    Non-road mobile sources include vehicles, engines, and equipment 
used for construction, agriculture, recreation, and other purposes that 
do not use roadways (e.g., lawn mowers, construction equipment, 
railroad locomotives, and aircraft). South Carolina calculated 
emissions for most of the non-road mobile sources using EPA's 
NONROAD2008a model \11\ and developed its non-road mobile source 
inventory according to the current EPA emissions inventory guidance for 
non-road mobile sources.\12\ The railroad locomotive emissions are 
calculated with fuel use data, track miles and emission factors. A 
detailed account of the non-road mobile sources can be found in 
Appendix A of the August 22, 2014, submittal.
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    \11\ For consistency with the NEI, South Carolina included 
emissions data aircraft (where they are reported to occur at the 
locations of the airports where they are generated) with the point 
source data in the base year inventory. See Appendix A and Appendix 
A of the State's SIP revision for a detailed discussion of the 
methodology used to calculate aircraft and locomotive emissions. No 
rail yards are located in York County, South Carolina.
    \12\ This guidance includes: Procedures for Emission Inventory 
Preparation, Volume IV: Mobile Sources, EPA-450/4-81-026d (July 
1991).
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    SC DEHC included 2011 actual emissions from event sources in its 
emissions inventory. Events sources in 2011 included wildfires and 
prescribed fires. Wildfires are unplanned, unwanted wild land fires 
including unauthorized human-caused fires, escaped prescribed fire 
projects, or other inadvertent fire situations where the objective is 
to put the fire out. Prescribed fires are any fires ignited by 
management actions to meet specific objectives related to the reduction 
of the biomass potentially available for wildfires. South Carolina 
calculated actual event source emissions using the 2011 NEI version 1 
dataset developed by EPA. A detailed account of the event sources can 
be found in Appendix A of the August 22, 2014 submittal.
    For the reasons discussed above, EPA has determined that South 
Carolina's emissions inventory meets the requirements under CAA section 
182(a)(1) and the SIP Requirements Rule for the 2008 8-hour ozone 
NAAQS.

b. Emissions Statements

    Pursuant to section 182(a)(3)(B), states with ozone nonattainment 
areas must require annual emissions statements from NOX and 
VOC stationary sources within those nonattainment areas. This 
requirement applies to all ozone nonattainment areas regardless of 
classification (e.g., Marginal, Moderate).
    On August 8, 2014, South Carolina submitted a SIP revision to amend 
portions of Regulation No. 61-62.1, Definitions and General 
Requirements, as currently incorporated into the SIP, to reflect recent 
changes to the rule.\13\ The changes to Regulation No. 61-62.1 that 
address emission statement requirements are the revision to the Section 
III title,\14\ the addition of a second paragraph to Section 
III.A.,\15\ and the addition of Section III.C.\16\ EPA has determined 
that these three specific changes to Section III of Regulation No. 61-
62.1, identified in the August 8, 2014 SIP submission, meet the 
requirements of section 182(a)(3)(B) for the 2008 8-hour ozone NAAQS 
and is approving those changes into the SIP.
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    \13\ EPA initially approved this state regulation into South 
Carolina's SIP in 2006. See 71 FR 70880 (December 7, 2006).
    \14\ The revised title of Section III is ``Emissions Inventory 
and Emissions Statements.''
    \15\ Paragraph two reads: ``An emissions statement is a less 
detailed statement which focuses on emissions estimates for 
pollutants associated with a nonattainment designation.''
    \16\ Section III.C. of the revised regulation states: ``1. 
Sources in areas designated nonattainment for an ozone National 
Ambient Air Quality Standard (NAAQS) must submit to the Department 
by March 31 for the previous calendar year an emissions statement 
which includes emissions estimates for both VOCs and nitrogen oxides 
(NOX) beginning with the effective date of this 
regulation. 2. The statement must contain a certification that the 
information contained in the statement is accurate to the best 
knowledge of the individual certifying the statement. 3. All 
applicable information must be recorded in the current format for 
reporting emissions data provided by the Department. 4. Copies of 
all records and reports relating to emissions statements as required 
in this section must be retained by the owner or operator at the 
source for a minimum of five (5) years.'' On May 18, 2015, South 
Carolina submitted an email to EPA clarifying that the State used 
the term ``estimate'' in Section III.C.1 to ``make a distinction 
between a more detailed emissions inventory, which is also required, 
and the more general emission statement document'' and clarifying 
that the emission statement is a ``certified document submitted to 
the State, by the owner or operator of each stationary source in a 
nonattainment area, that reports actual prior year VOC and 
NOX emissions from the respective nonattainment area 
stationary sources.'' This email is available in the docket for 
today's action. SC DHEC's Web site contains additional information 
regarding the State's emissions statements requirements. See http://www.scdhec.gov/Environment/AirQuality/ComplianceandReporting/EmissionsInventory/OzoneNonattainmentAreaReportingRequirements/.
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III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is incorporating the following changes to Regulation No. 
61-62.1, titled ``Definitions and General Requirements'': modification 
of the title of Section III, addition of a second paragraph to Section 
III.A defining an ``emissions statement,'' and addition of Section 
III.C titled ``Emissions Statement Requirements'' which were state 
effective on June 27, 2014. EPA has made, and will continue to make, 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

IV. Final Action

    EPA is approving the portions of the SIP revisions submitted by 
South Carolina on August 22, 2014 and August 8, 2014, that relate to 
the base year emissions inventory and emissions statement 
requirements,\17\ respectively, for the State's portion of the bi-state 
Charlotte Area. EPA has concluded that the portions of the State's 
submissions that EPA is approving meet the relevant requirements of 
sections 110 and 182 of the CAA. EPA is publishing this rule without 
prior proposal because the Agency views this as a noncontroversial 
submittal and anticipates no adverse

[[Page 33417]]

comments. However, in the proposed rules section of this Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision should adverse 
comments be filed. This rule will be effective August 11, 2015 without 
further notice unless the Agency receives adverse comments by July 13, 
2015.
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    \17\ EPA is only incorporating the changes to Regulation No. 61-
62.1 identified in sections II.b and III, above, into the SIP.
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    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on August 11, 2015 and no 
further action will be taken on the proposed rule. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, the Agency may adopt as final those provisions of the rule 
that are not the subject of an adverse comment.

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 
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);
     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 direct final rule for the South Carolina portion 
of the bi-state Charlotte area 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 South 
Carolina portion of the bi-state Charlotte Area. 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.'' EPA notes that 
today's 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 action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 11, 2015. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 28, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    Therefore, 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:
0
a. Paragraph (c) is amended by revising the entry for ``Section III'' 
under ``Regulation No. 62.1''; and
0
b. Paragraph (e) is amended by adding an entry for ``2011 Base Year 
Emissions Inventory for the South Carolina portion of the bi-state 
Charlotte 2008 8-Hour Ozone Nonattainment Area'' at the end of the 
table.
    The revisions read as follows:

Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

[[Page 33418]]

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                     State       EPA Approval
        State citation          Title/Subject   effective date       date            Federal Register notice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section III..................  Emission              6/27/2014       6/12/2015  [Insert Federal Register
                                Inventory and                                    citation]
                                Emissions
                                Statement.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                   State
          Provision           effective date          EPA Approval date                    Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2011 Base Year Emissions           8/22/2014  6/12/2015
 Inventory for the South                      , [Insert Federal Register
 Carolina portion of the bi-                   citation]
 state Charlotte 2008 8-Hour
 Ozone Nonattainment Area.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-14338 Filed 6-11-15; 8:45 am]
 BILLING CODE 6560-50-P
```