Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations 33413 

immediately after fireworks displays. 

During the aforementioned periods, the 

Coast Guard will enforce restrictions 

upon, and control movement of, vessels 

in the safety zone. No person or vessel 

may enter the safety zone while it is 

being enforced without permission of 

the Captain of the Port Lake Michigan. 

DATES: The regulations in 33 CFR 

165.935 will be enforced at specified 

times from June 6, 2015 until September 

12, 2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or email MST1 Joseph McCollum, 

Prevention Department, Coast Guard 

Sector Lake Michigan, Milwaukee, WI at 

(414) 747–7148, email 

joseph.p.mccollum@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in 33 CFR 165.935, Safety Zone, 

Milwaukee Harbor, Milwaukee, WI, at 

the following times for the following 

events: 

(1) Pridefest fireworks display on June 

6, 2015 from 9:15 p.m. until 10:15 p.m.; 

(2) Polish Fest fireworks display on 

June 13, 2015 from 10:15 p.m. until 

11:15 p.m.; 

(3) Summerfest fireworks display on 

each day of June 24, 2015 and July 2, 

2015 from 9:15 p.m. until 10:30 p.m.; 

(4) Festa Italiana fireworks display on 

each day of July 17, 18, and 19, 2015 

from 10:15 p.m. until 11:15 p.m.; 

(5) German Fest fireworks display on 

each day of July 24 and 25, 2015 from 

10:15 p.m. until 11:15 p.m.; 

(6) Irish Fest fireworks display on 

August 13, 2015 from 10:15 p.m. until 

11:15 p.m.; 

(7) Indian Summer fireworks display 

on each day of September 11 and 12, 

2015 from 9:45 p.m. until 10:45 p.m. 

This safety zone will encompass the 

waters of Lake Michigan within 

Milwaukee Harbor including the Harbor 

Island Lagoon enclosed by a line 

connecting the following points: 

beginning at 43°02′00′′ N., 087°53′53′′ 

W.; then south to 43°01′44′′ N., 

087°53′53′′ W.; then east to 43°01′44′′ N., 

087°53′25′′ W.; then north to 43°02′00′′ 

N., 087°53′25′′ W.; then west to the 

point of origin. All vessels must obtain 

permission from the Captain of the Port 

Lake Michigan or her on-scene 

representative to enter, move within, or 

exit the safety zone. Vessels and persons 

granted permission to enter the safety 

zone must obey all lawful orders or 

directions of the Captain of the Port 

Lake Michigan or her on-scene 

representative. 

This document is issued under 

authority of 33 CFR 165.935 Safety 

Zone, Milwaukee Harbor, Milwaukee, 

WI and 5 U.S.C. 552(a). In addition to 

this publication in the Federal Register, 

the Coast Guard will provide the 

maritime community with advance 

notification of the enforcement periods 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. The Captain of 

the Port Lake Michigan or her on-scene 

representative may be contacted via 

VHF Channel 16. 

Dated: May 29, 2015. 

A.B. Cocanour, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2015–14447 Filed 6–11–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

Approval and Promulgation of 

Implementation Plans 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Part 52 (§§ 52.01 to 

52.1018), revised as of July 1, 2014, on 

page 49, in § 52.21, paragraph (aa)(10)(v) 

is reinstated to read as follows: 

§ 52.21 Prevention of significant 

deterioration of air quality. 

* * * * * 

(aa) * * * 

(10) * * * 

(v) If the compliance date for a State 

or Federal requirement that applies to 

the PAL source occurs during the PAL 

effective period, and if the 

Administrator has not already adjusted 

for such requirement, the PAL shall be 

adjusted at the time of PAL permit 

renewal or title V permit renewal, 

whichever occurs first. 

* * * * * 

[FR Doc. 2015–14398 Filed 6–11–15; 8:45 am] 

BILLING CODE 1505–01–D 

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. 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
33414 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations 

1The 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. 

2A 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). 

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 fourthhighest 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. 

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. 

On August 8, 2014, South Carolina 

submitted a SIP revision that, among 


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Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations 33415 

3Regarding 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. 

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). 

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. 

7South Carolina included events (i.e. wildfires 

and prescribed fires) to account for actual event 

source emissions. 

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. 

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). 

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

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. 

TABLE 1—2011 EMISSIONS FOR THE SOUTH CAROLINA, YORK COUNTY PORTION OF THE BI-STATE CHARLOTTE AREA

[Tons per summer day] 

County 

Point Area Non-road mobile On-road mobile Events 

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 

* 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 bistate 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 


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33416 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations 

8This 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). 

9South Carolina used MOVES version 2010b 

because this was the latest version available at the 

time that the State submitted its SIP revision. 

10This 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). 

11For 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. 

12This guidance includes: Procedures for 

Emission Inventory Preparation, Volume IV: Mobile 

Sources, EPA–450/4–81–026d (July 1991). 

13EPA initially approved this state regulation into 

South Carolina’s SIP in 2006. See 71 FR 70880 

(December 7, 2006). 

14The revised title of Section III is ‘‘Emissions 

Inventory and Emissions Statements.’’ 

15Paragraph two reads: ‘‘An emissions statement 

is a less detailed statement which focuses on 

emissions estimates for pollutants associated with 

a nonattainment designation.’’ 

16Section 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/. 

17EPA is only incorporating the changes to 

Regulation No. 61–62.1 identified in sections II.b 

and III, above, into the SIP. 

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. 

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 onroad sources can be found in Appendix 

A of the August 22, 2014, submittal. 

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 nonroad 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. 

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. 

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 


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Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations 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. 

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 bistate 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart PP—South Carolina 

■ 2. In § 52.2120: 

■ a. Paragraph (c) is amended by 

revising the entry for ‘‘Section III’’ 

under ‘‘Regulation No. 62.1’’; and 

■ 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: 

§ 52.2120 Identification of plan. 

* * * * * 

(c) * * * 


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33418 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations 

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA

State citation Title/Subject State effective 

date 

EPA Approval 

date Federal Register notice 

*******

Section III .............................................. Emission Inventory and Emissions 

Statement.

6/27/2014 6/12/2015 [Insert Federal Register 

citation] 

*******

* * * * * (e) * * * 

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date EPA Approval date Explanation 

*******

2011 Base Year Emissions Inventory for the South Carolina portion 

of the bi-state Charlotte 2008 8-Hour Ozone Nonattainment Area.

8/22/2014 6/12/2015 

, [Insert Federal Register 

citation] 

[FR Doc. 2015–14338 Filed 6–11–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2013–0192; FRL–9929–11– 

Region 2] 

Approval and Promulgation of 

Implementation Plans; Revision to the 

New York State Implementation Plan 

for Carbon Monoxide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State 

Implementation Plan revision (SIP) 

submitted by the New York State 

Department of Environmental 

Conservation. This revision consists of a 

change to New York’s November 15, 

1992 Carbon Monoxide Attainment 

Demonstration that would remove a 

reference to a limited off-street parking 

program as it relates to the New York 

County portion of the New YorkNorthern New Jersey-Long Island, NYNJ-CT Carbon Monoxide attainment 

area. The EPA is approving this SIP 

revision because it will not interfere 

with attainment or maintenance of the 

national ambient air quality standards 

(NAAQS) in the affected area or with 

any other applicable requirement of the 

Clean Air Act (CAA) and is consistent 

with EPA rules and guidance. 

DATES: This rule is effective on July 13, 

2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2013–0192. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (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 through 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Programs Branch, Environmental 

Protection Agency, Region 2, 290 

Broadway, New York, New York 10007– 

1866. This Docket Facility is open from 

8:30 a.m. to 4:00 p.m., Monday through 

Friday, excluding legal holidays. The 

Docket telephone number is 212–637– 

4249. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning this final 

action, please contact Henry Feingersh, 

Air Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, telephone number (212) 637– 

3382, fax number (212) 637–3901, email 

feingersh.henry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is the EPA taking? 

The New York State Department of 

Environmental Conservation submitted 

a State Implementation Plan (SIP) 

revision request to remove a reference 

from the carbon monoxide (CO) SIP to 

a limited off-street parking program that 

only applied in the Manhattan Central 

Business District of New York City 

(CBD). The program limits the number 

of parking spaces permitted in newly 

constructed buildings. The EPA is 

approving New York’s request to 

remove a reference to this limited offstreet parking program in New York 

County because this SIP revision will 

not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (RFP) 

toward attainment and maintenance of 

any NAAQS or with any other 

applicable requirement of the CAA. The 

EPA has reviewed all the public 

comments and agrees with the State and 

City of New York that there is no 

evidence that removal from the SIP will 

interfere with attainment or 

maintenance of the NAAQS in the area 

or with any other CAA applicable 

requirement. In addition, New York, in 

its SIP modeling to support the 

previously EPA-approved 

demonstrations of attainment of the 

various NAAQS, did not take credit for 

any emission reductions that may be 

attributed to the limited off-street 

parking program measures. After 

removal from the federal SIP, the 

limited off-street parking program, 

which is implemented by the New York 

City Department of City Planning and 

subject to New York City administrative 


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