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[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Rules and Regulations]
[Pages 45492-45495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18519]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0402; FRL9705-8

Approval and Promulgation of Implementation Plans; South Carolina 
110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 
Fine Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve the State Implementation 
Plan (SIP) submissions, submitted by the State of South Carolina, 
through the South Carolina Department of Health and Environmental 
Control (SC DHEC), as demonstrating that the State meets the SIP 
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or 
the Act) for the 1997 annual and 2006 24-hour fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS). 
Section 110(a) of the CAA requires that each state adopt and submit a 
SIP for the implementation, maintenance, and enforcement of each NAAQS 
promulgated by the EPA, which is commonly referred to as an 
``infrastructure'' SIP. South Carolina certified that the South 
Carolina SIP contains provisions that ensure the 1997 annual and 2006 
24-hour PM2.5 NAAQS are implemented, enforced, and 
maintained in South Carolina (hereafter referred to as ``infrastructure 
submission''). South Carolina's infrastructure submissions, provided to 
EPA on March 14, 2008, and September 18, 2009, certification 
submissions (as clarified in a letter on November 9, 2009), and the 
State's April 3, 2012, SIP revision address all the required 
infrastructure elements for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS.

DATES: Effective Date: This rule will be effective August 31, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0238. 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 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. 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 a.m. excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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) 
562-9043. Mr. Lakeman can be reached via electronic mail at 
lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

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. On July 18, 1997 (62 FR 
36852), EPA promulgated a new annual PM2.5 NAAQS and on 
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On 
June 6, 2012, EPA proposed in two separate actions to approve South 
Carolina's March 14, 2008, September 18, 2009, and April 3, 2012, 
infrastructure submissions for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. See 77 FR 33372 and 77 FR 33380. The March 14, 
2008 and September 18, 2009, infrastructure submission for the 1997 
annual and 2006 24-hour PM2.5 NAAQS addressed elements 
110(a)(2)(A)-(H), (J)-(M), except for sections 110(a)(2)(C)--the 
nonattainment area requirements; 110(a)(2)(D)(i)--the interstate 
transport requirements; 110(a)(2)(E)(ii)--board requirements; \1\ and 
110(a)(2)(G)--

[[Page 45493]]

emergency powers. See EPA's June 6, 2012, proposed rulemakings at 77 FR 
33372 for more detail. The April 3, 2012, SIP revision addressed 
elements 110(a)(2)(E)(ii) and 110(a)(2)(G). See EPA's June 6, 2012, 
proposed rulemakings at 77 FR 33380 for more detail. A summary of the 
background for today's final action is provided below.
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    \1\ EPA is clarifying through today's final rulemaking that 
South Carolina's April 13, 2012, SIP revision proposed that existing 
State statute meet the requirements of 128.
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    Section 110(a) of the CAA requires states to submit SIPs 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. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. The data and 
analytical tools available at the time the state develops and submits 
the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains. In the case of the 1997 annual and 2006 24-hour 
PM2.5 NAAQS, states typically have met the basic program 
elements required in section 110(a)(2) through earlier SIP submissions 
in connection with previous PM 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 already mentioned, these 
requirements include SIP infrastructure elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. The requirements that are the 
subject of this final rulemaking are listed below \2\ and in EPA's 
October 2, 2007, memorandum entitled ``Guidance on SIP Elements 
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and 
PM2.5 National Ambient Air Quality Standards.''
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    \2\ Two 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 are due at the time the nonattainment 
area plan requirements are due pursuant to section 172. 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 final rulemaking 
does not address infrastructure elements related to section 
110(a)(2)(I) but does provide detail on how South Carolina's SIP 
addresses 110(a)(2)(C).
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control 
measures.\3\
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    \3\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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     110(a)(2)(D): Interstate transport.\4\
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    \4\ Today's final rule does not address element 110(a)(2)(D)(i) 
(Interstate Transport) for the 1997 and 2006 PM2.5 NAAQS. 
Interstate transport requirements were formerly addressed by South 
Carolina consistent with the Clean Air Interstate Rule (CAIR). On 
December 23, 2008, CAIR was remanded by the D.C. Circuit Court of 
Appeals, without vacatur, back to EPA. See North Carolina v. EPA, 
531 F.3d 896 (D.C. Cir. 2008). Prior to this remand, EPA took final 
action to approve South Carolina's SIP revision, which was submitted 
to comply with CAIR. See 72 FR 57209 (October 9, 2007). In so doing, 
South Carolina's CAIR SIP revision addressed the interstate 
transport provisions in Section 110(a)(2)(D)(i) for the 1997 
PM2.5 NAAQS. Concerning the 2006 p.m.2.5 
NAAQS, EPA has finalized a new rule to address the interstate 
transport of NOX and SOX in the eastern United 
States. See 76 FR 48208 (August 8, 2011) (``the Transport Rule''). 
EPA's action on element 110(a)(2)(D)(i) will be addressed in a 
separate action.
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     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the 
applicable requirements of part D.\5\
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    \5\ This requirement was inadvertently omitted from EPA's 
October 2, 2007, memorandum entitled ``Guidance on SIP Elements 
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards,'' but 
as mentioned above is not relevant to today's final rulemaking.
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     110(a)(2)(J): Consultation with government officials; 
public notification; and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.

II. This Action

    EPA is taking final action to approve South Carolina's 
infrastructure submissions as demonstrating that the State meets the 
applicable requirements of sections 110(a)(1) and (2) of the CAA for 
the 1997 annual and 2006 24-hour PM2.5 NAAQS. Section 110(a) 
of the CAA requires that each state adopt and submit a SIP for the 
implementation, maintenance, and enforcement of each NAAQS promulgated 
by the EPA, which is commonly referred to as an ``infrastructure'' SIP. 
South Carolina certified that the South Carolina SIP contains 
provisions that ensure the 1997 annual and 2006 24-hour 
PM2.5 NAAQS are implemented, enforced, and maintained in 
South Carolina.
    EPA received no adverse comments on its June 6, 2012, proposed 
approval of South Carolina's March 14, 2008, September 18, 2009, and 
April 3, 2012, infrastructure submissions. Additionally, on June 23, 
2012, EPA published a final rulemaking action approving revisions to 
South Carolina's New Source Review (NSR) requirements relating to the 
PM2.5 standard. See 76 FR 36875. EPA is not taking action 
today on South Carolina's NSR program, as these requirements are 
already approved in South Carolina's SIP.
    South Carolina's infrastructure submissions, provided to EPA on 
March 14, 2008, and September 18, 2009, as certification submissions 
(as clarified in a letter on November 9, 2009), and the State's April 
3, 2012, SIP revision addressed all the required infrastructure 
elements for the 1997 annual and 2006 24-hour PM2.5 NAAQS. 
EPA has determined that South Carolina's March 14, 2008, September 18, 
2009, and April 3, 2012, submissions are consistent with section 110 of 
the CAA.

III. Final Action

    As already described, SC DHEC has addressed the elements of the CAA 
110(a)(1) and (2) SIP requirements pursuant to EPA's October 2, 2007, 
guidance to ensure that 1997 annual and 2006 24-hour PM2.5 
NAAQS are implemented, enforced, and maintained in the State. EPA is 
taking final action to approve South Carolina's March 14, 2008, 
September 18, 2009, and April 3, 2012, submissions for 1997 annual and 
2006 24-hour PM2.5 NAAQS because these submissions are 
consistent with section 110 of the CAA. Today's action is not approving 
any specific rule, but rather making a determination that South 
Carolina's already approved SIP meets certain CAA requirements.

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

[[Page 45494]]

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).
    EPA has determined that this final rule does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because there are no ``substantial direct effects'' 
on an Indian Tribe as a result of this action. The Catawba Indian 
Nation Reservation is located within the South Carolina portion of the 
bi-state Charlotte nonattainment 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.'' Thus, the South Carolina SIP applies 
to the Catawba Reservation. EPA has also preliminarily determined that 
these revisions will not impose any 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 October 1, 2012. 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: July 16, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    Therefore, 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. Amend Sec.  52.2120 in paragraph (e) by adding three new entries for 
``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine 
Particulate Matter National Ambient Air Quality Standards,'' 
``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine 
Particulate Matter National Ambient Air Quality Standards,'' and 
``110(a)(1) and (2) Infrastructure Requirements for 1997 and 2006 Fine 
Particulate Matter National Ambient Air Quality Standards Elements 
110(a)(1) and (2) (E)(ii) and (G)'' at the end of the table to read as 
follows:

Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
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                                                     State
                   Provision                    effective date          EPA approval date           Explanation
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure Requirements        4/14/2008  8/1/2012 [Insert citation of
 for 1997 Fine Particulate Matter National                       publication].
 Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Requirements        9/18/2009  8/1/2012 [Insert citation of
 for 2006 Fine Particulate Matter National                       publication].
 Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Requirements         4/3/2012  8/1/2012 [Insert citation of
 for 1997 and 2006 Fine Particulate Matter                       publication].
 National Ambient Air Quality Standards
 Elements 110(a)(1) and (2) (E)(ii) and (G).
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[FR Doc. 2012-18519 Filed 7-31-12; 8:45 am]
BILLING CODE 6560-50-P
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