11136 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 12, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

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. 

■ 2. Section 52.1880 is amended by 

adding paragraph (u) to read as follows: 

§ 52.1880 Control strategy; Particulate 

matter. 

* * * * * 

(u) Approval—On August 20, 2014, 

the State of Ohio submitted a revision 

to their Particulate Matter State 

Implementation Plan. The submittal 

established transportation conformity 

‘‘Conformity’’ criteria and procedures 

related to interagency consultation, and 

enforceability of certain transportation 

related control and mitigation measures. 

■ 3. Section 52.1885 is amended by 

adding paragraph (ll) to read as follows: 

§ 52.1885 Control strategy; Ozone. 

* * * * * 

(ll) Approval—On August 20, 2014, 

the State of Ohio submitted a revision 

to their Ozone State Implementation 

Plan. The submittal established 

transportation conformity ‘‘Conformity’’ 

criteria and procedures related to 

interagency consultation, and 

enforceability of certain transportation 

related control and mitigation measures. 

[FR Doc. 2015–04146 Filed 2–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0694; FRL–9923–56– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; South Carolina; 

Infrastructure Requirements for the 

2008 8-Hour Ozone 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 July 17, 2012, 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 rulemaking pertains to the 

Clean Air Act (CAA or the Act) 

infrastructure requirements for the 2008 

8-hour ozone 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 that ensure the 2008 8-hour 

ozone NAAQS is implemented, 

enforced, and maintained in South 

Carolina (hereafter referred to as an 

‘‘infrastructure SIP submission’’). With 

the exception of provisions pertaining to 

prevention of significant deterioration 

(PSD) permitting, interstate transport, 

and visibility protection requirements, 

EPA is taking final action to approve 

South Carolina’s infrastructure SIP 

submission, provided to EPA on July 17, 

2012, because it addresses the 

infrastructure elements for the 2008 8- 

hour ozone NAAQS. 

DATES: This rule will be effective April 

1, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0694. 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, 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch, (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, 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) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@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. These SIP 

submissions are commonly referred to 

as ‘‘infrastructure’’ SIP submissions. 

Section 110(a) imposes the obligation 

upon states to make an infrastructure 

SIP submission to EPA for a new or 

revised NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the infrastructure SIP for a 

new or revised NAAQS affect the 

content of the submission. The contents 

of such infrastructure SIP submissions 

may also vary depending upon what 

provisions the state’s existing SIP 

already contains. In the case of the 2008 

8-hour ozone NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 


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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11137 

1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather due at the time the 

nonattainment area plan requirements are due 

pursuant to other provisions of the CAA for 

submission of SIP revisions specifically applicable 

for attainment planning purposes. These 

requirements are: (1) Submissions required by 

section 110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in part D 

Title I of the CAA; and (2) submissions required by 

section 110(a)(2)(I) which pertain to the 

nonattainment planning requirements of part D, 

Title I of the CAA. Today’s proposed rulemaking 

does not address infrastructure elements related to 

section 110(a)(2)(I) or the nonattainment planning 

requirements of 110(a)(2)(C). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3As mentioned above, this element is not 

relevant to today’s rulemaking. 

earlier SIP submissions in connection 

with previous ozone NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

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

lists specific elements that states must 

meet for infrastructure SIP requirements 

related to a newly established or revised 

NAAQS. As mentioned above, these 

requirements include basic structural 

SIP elements such as modeling, 

monitoring, and emissions inventories 

that are designed to assure attainment 

and maintenance of the NAAQS. The 

requirements of section 110(a)(2) are 

summarized below and in EPA’s 

September 13, 2013, memorandum 

entitled ‘‘Guidance on Infrastructure 

State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 

110(a)(1) and 110(a)(2).’’ 1

• 110(a)(2)(A): Emission Limits and 

Other Control Measures 

• 110(a)(2)(B): Ambient Air Quality 

Monitoring/Data System 

• 110(a)(2)(C): Programs for 

Enforcement of Control Measures and 

for Construction or Modification of 

Stationary Sources 2

• 110(a)(2)(D)(i)(I) and (II): Interstate 

Pollution Transport 

• 110(a)(2)(D)(ii): Interstate Pollution 

Abatement and International Air 

Pollution 

• 110(a)(2)(E): Adequate Resources and 

Authority, Conflict of Interest, and 

Oversight of Local Governments and 

Regional Agencies 

• 110(a)(2)(F): Stationary Source 

Monitoring and Reporting 

• 110(a)(2)(G): Emergency Powers 

• 110(a)(2)(H): SIP revisions 

• 110(a)(2)(I): Plan Revisions for 

Nonattainment Areas 3

• 110(a)(2)(J): Consultation with 

Government Officials, Public 

Notification, and Prevention of 

Significant Deterioration (PSD) and 

Visibility Protection 

• 110(a)(2)(K): Air Quality Modeling 

and Submission of Modeling Data 

• 110(a)(2)(L): Permitting fees 

• 110(a)(2)(M): Consultation and 

Participation by Affected Local 

Entities 

On August 22, 2014, EPA proposed to 

approve South Carolina’s July 17, 2012, 

2008 8-hour ozone NAAQS 

infrastructure SIP submission with the 

exception of the PSD permitting 

requirements for major sources of 

sections 110(a)(2)(C) and (J), the 

interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II) (prongs 

1 through 4), and the visibility 

requirements of section 110(a)(2)(J), 

which EPA will address in a separate 

action. See 79 FR 49736. EPA did not 

receive any comments, adverse or 

otherwise, on the Agency’s August 22, 

2014, proposed action. In this 

rulemaking, EPA is taking final action to 

approve 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 2008 8-hour ozone NAAQS, as 

proposed in the Agency’s August 22, 

2014 rulemaking. EPA will act on other 

portions of South Carolina’s submission 

in a separate action. 

II. Final Action 

With the exception of the PSD 

permitting requirements for major 

sources of sections 110(a)(2)(C) and (J), 

the interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II) (prongs 

1 through 4), and the visibility 

requirements of section 110(a)(2)(J), EPA 

is taking final action to approve South 

Carolina’s July 17, 2012, SIP 

submission. This submission addresses 

infrastructure requirements for the 2008 

8-hour ozone NAAQS for the South 

Carolina SIP. With the exceptions noted 

above 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 

8-hour ozone NAAQS is implemented, 

enforced, and maintained in South 

Carolina. 

III. 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this 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 

today’s action will not impose 


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11138 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

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 May 1, 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 11, 2015. 

V. Anne Heard, 

Acting 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 a new entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

8-Hour Ozone National Ambient Air 

Quality Standards’’ at the end of the 

table to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA Approval 

date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour 

Ozone National Ambient Air 

Quality Standards.

7/17/2012 3/2/2015 [Insert 

citation of publication].

With the exception of PSD permitting requirements for major sources 

of sections 110(a)(2)(C) and (J); interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II), and the visibility requirements of 

section 110(a)(2)(J). 

[FR Doc. 2015–04142 Filed 2–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1803, 1816, and 1852 

RIN 2700–AE08 

NASA Federal Acquisition Regulation 

Supplement (NFS); Contractor 

Whistleblower Protections 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule. 

SUMMARY: NASA has adopted, without 

change, an interim rule amending the 

NASA FAR Supplement (NFS) to 

implement Contractor Whistleblower 

Protections. 

DATES: Effective date: April 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Leigh Pomponio, NASA, Office of 

Procurement, Contract and Grant Policy 

Division, 300 E Street SW. (Suite 5K32), 

Washington, DC 20546; (202) 358–0592; 

email: leigh.pomponio@NASA.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

An interim rule was published on July 

29, 2014 (79 FR 43958) implementing 10 

U.S.C. 2409, as amended by section 846 

of the national Defense Authorization 

Act for FY 2008 (Pub. L. 110–181) and 

section 827 of the National Defense 

Authorization Act for FY 2013 (Pub. L. 

112–239). The interim rule 

implemented Whistleblower protections 

for contractor employees performing 

under contracts with NASA. 

On August 29, 2014, technical 

amendments to the interim rule were 

published in the Federal Register (79 

FR 51501). The technical amendments 

corrected the numbering of two 

sections. NASA received no comments 

on the interim rule and has adopted the 

interim rule as a final rule without 

change. 

B. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule is not a major rule 

under 5 U.S.C. 804. 

C. Regulatory Flexibility Act 

NASA certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, at 5 U.S.C. 601, et seq., 

because it does not alter the solicitation 

or contract polices or procedures, nor 

does it create whistleblower protections 

for contractor employees. Such 

protections currently exist and this case 

sets forth requirements for contractors to 

notify employees of their rights and 

includes procedures and processes for 

contractor employees to exercise their 

rights. 


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