[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Proposed Rules]
[Page 53198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25052]



[[Page 53198]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0455(b); FRL-8969-8]


Approval and Promulgation of Air Quality Implementation Plans; 
South Carolina; Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the South Carolina 
State Implementation Plan (SIP) submitted by the State of South 
Carolina through the South Carolina Department of Health and 
Environmental Control on December 4, 2008. This revision addresses the 
requirements of EPA's Clean Air Interstate Rule (CAIR). Although the 
District of Columbia Circuit Court found CAIR to be flawed, the rule 
was remanded without vacatur and thus remains in place. Thus, EPA is 
continuing to approve CAIR provisions into SIPs as appropriate. CAIR, 
as promulgated, requires states to reduce emissions of sulfur dioxide 
(SO<INF>2</INF>) and nitrogen oxides (NO<INF>X</INF>) that 
significantly contribute to, or interfere with maintenance of, the 
national ambient air quality standards for fine particulates and/or 
ozone in any downwind state. CAIR establishes budgets for 
SO<INF>2</INF> and NO<INF>X</INF> for states that contribute 
significantly to nonattainment in downwind States and requires the 
significantly contributing states to submit SIP revisions that 
implement these budgets. States have the flexibility to choose which 
control measures to adopt to achieve the budgets, including 
participation in EPA-administered cap-and-trade programs addressing 
SO<INF>2</INF>, NO<INF>X</INF> annual, and NO<INF>X</INF> ozone season 
emissions. In the full SIP revision that EPA is proposing to approve, 
South Carolina will meet CAIR requirements by participating in these 
cap-and-trade programs. EPA is proposing to approve the full SIP 
revision, as interpreted and clarified herein, as fully implementing 
the CAIR requirements for South Carolina. Consequently, this action 
will also cause the CAIR Federal Implementation Plans (CAIR FIPs) 
concerning SO<INF>2</INF>, NO<INF>X</INF> annual, and NO<INF>X</INF> 
ozone season emissions by South Carolina sources to be automatically 
withdrawn. This action is being taken pursuant to section 110 of the 
Clean Air Act.

DATES: Written comments must be received on or before November 16, 
2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0455, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#7210171c18131f1b1c5c1e0b1c1d001317321702135c151d04"><span class="__cf_email__" data-cfemail="dab8bfb4b0bbb7b3b4f4b6a3b4b5a8bbbf9abfaabbf4bdb5ac">[email protected]</span></a>.
    3. Fax: 404-562-9019.
    4. Mail: EPA-R04-OAR-2009-0455, 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, Chief, 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.
    Please see the direct final rule which is located in the Rules 
section of this Federal Register for detailed instructions on how to 
submit comments.

FOR FURTHER INFORMATION CONTACT: Steven Scofield, 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) 562-9034. Mr. Scofield can also be reached via electronic mail 
at <a href="/cdn-cgi/l/email-protection#0c7f6f636a65696068227f78697a694c697c6d226b637a"><span class="__cf_email__" data-cfemail="a6d5c5c9c0cfc3cac288d5d2c3d0c3e6c3d6c788c1c9d0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule which is published in the Rules Section of this Federal 
Register. In the Final Rules Section of this Federal Register, EPA is 
approving the State's SIP revision as a direct final rule without prior 
proposal because the Agency views this as a noncontroversial submittal 
and anticipates no adverse comments. A detailed rationale for the 
approval is set forth in the direct final rule. If no adverse comments 
are received in response to this rule, no further activity is 
contemplated. If EPA receives adverse comments, the direct final rule 
will be withdrawn and all public comments received will be addressed in 
a subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period on this document. Any parties 
interested in commenting on this document should do so at this time.

    Dated: October 9, 2009.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E9-25052 Filed 10-15-09; 8:45 am]
BILLING CODE 6560-50-P


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