57540 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations 

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 K—Florida 

■ 2. Section 52.520(e), is amended by 

adding entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

Lead National Ambient Air Quality 

Standards’’ at the end of the table to 

read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Federal Register notice Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead 

National Ambient Air Quality 

Standards.

10/14/2011 9/24/2015 [Insert citation of publication] ......... With the exception of provisions 

pertaining to PSD permitting requirements in sections 

110(a)(2)(C), prong 3 of D(i) and 

(J). 

[FR Doc. 2015–24088 Filed 9–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0852; FRL– 9934–40– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; South Carolina; 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the September 20, 2011, State 

Implementation Plan (SIP) submission, 

provided by the South Carolina 

Department of Health and 

Environmental Control (SC DHEC) for 

inclusion into the South Carolina SIP. 

This final action pertains to the Clean 

Air Act (CAA or the Act) infrastructure 

requirements for the 2008 Lead national 

ambient air quality standards (NAAQS). 

The CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. SC DHEC certified 

that the South Carolina SIP contains 

provisions to ensure the 2008 Lead 

NAAQS is implemented, enforced, and 

maintained in South Carolina. With the 

exception of provisions pertaining to 

prevention of significant deterioration 

(PSD) permitting which EPA has already 

approved, EPA is taking final action to 

approve South Carolina’s infrastructure 

SIP submission, provided to EPA on 

September 20, 2011. 

DATES: This rule will be effective 

October 26, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0852. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 

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: Zuri 

Farngalo, 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. The 

telephone number is (404) 562–9152. 

Mr. Farngalo can be reached via 

electronic mail at farngalo.zuri@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. 

Section 110(a) of the CAA generally 

requires states to make a SIP submission 

to meet applicable requirements in 

order 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. For additional 

information on the infrastructure SIP 

requirements, see the proposed 

rulemaking published on June 8, 2015. 

(80 FR 32324) 

On June 8, 2015, EPA proposed to 

approve portions of South Carolina’s 

September 20, 2011, 2008 Lead NAAQS 

infrastructure SIP submission with the 

exception of provisions pertaining to 

PSD permitting in sections 110(a)(2)(C), 

prong 3 of D(i) and (J). See 80 FR 32324. 

EPA did not receive any comments, 

adverse or otherwise, on the June 8, 

2015, proposed rule. EPA took final 

action to approve the PSD permitting 

requirements in sections 110(a)(2)(C), 

prong 3 of D(i) and (J) on March 18, 

2015. See 80 FR 14019. 

II. This Action 

In this rulemaking, EPA is taking final 

action to approve the remaining 

portions of South Carolina’s 

infrastructure submission as 

demonstrating that the State meets the 

applicable requirements of sections 

110(a)(1) and (2) of the CAA for the 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations 57541 

2008 Lead NAAQS. As mentioned 

above, EPA took final action on the 

elements pertaining to PSD permitting 

in a separate action on March 18, 2015. 

See 80 FR 14019. 

III. Final Action 

With the exception of provisions 

pertaining to PSD permitting 

requirements in sections 110(a)(2)(C), 

prong 3 of D(i), and (J), EPA is taking 

final action to approve South Carolina’s 

September 20, 2011, infrastructure 

submission because it addresses the 

required infrastructure elements for the 

2008 Lead NAAQS. SC DHEC has 

addressed the elements of the CAA 

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

pursuant to section 110 of the CAA to 

ensure that the 2008 Lead NAAQS is 

implemented, enforced, and maintained 

in South Carolina. 

IV. 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 Clean Air Act; 

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 action for the state of 

South Carolina does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The Catawba Indian Nation 

Reservation is located within the State 

of South Carolina. 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.’’ 

However, EPA has determined that 

because this rule does not have 

substantial direct effects on an Indian 

Tribe because, as noted above, this 

action is not approving any specific 

rule, but rather proposing that South 

Carolina’s already approved SIP meets 

certain CAA requirements. EPA notes 

this 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 November 23, 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. 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 

Lead, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 10, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

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. Section 52.2120(e) is amended by 

adding entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

Lead National Ambient Air Quality 

Standards’’ at the end of the table to 

read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 


tkelley on DSK3SPTVN1PROD with RULES
57542 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations 

Provision State effective 

date EPA approval date Explanation 

*******

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

the 2008 Lead National Ambient Air Quality 

Standards.

9/20/2011 9/24/2015 [Insert Federal Register citation].With the exception of provisions pertaining to 

PSD permitting requirements in sections 

110(a)(2)(C), prong 3 of D(i) and (J). 

[FR Doc. 2015–24096 Filed 9–23–15; 8:45 am] 

BILLING CODE 6560–50–P 


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