Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 26099 

filing a petition for review in the U.S. 

Court of Appeals for the District of 

Columbia Circuit on or before July 31, 

2009. 

Dated: May 22, 2009. 

Lisa P. Jackson, 

Administrator. 

■ For reasons discussed in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

§ 52.21 [Amended] 

■ 2. Effective June 1, 2009, in § 52.21, 

paragraph (i)(1)(xi) is administratively 

stayed until September 1, 2009. 

[FR Doc. E9–12572 Filed 5–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0797–200824(a); 

FRL–8911–5] 

Approval and Promulgation of Air 

Quality Implementation Plans: South 

Carolina; Approval of Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard for Cherokee County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the South 

Carolina State Implementation Plan 

(SIP) concerning the maintenance plan 

addressing the 1997 8-hour ozone 

standard for Cherokee County, South 

Carolina. This maintenance plan was 

submitted for EPA action on December 

13, 2007, by the State of South Carolina, 

and ensures the continued attainment of 

the 1997 8-hour ozone national ambient 

air quality standard (NAAQS) through 

the year 2014. EPA is approving the SIP 

revision pursuant to section 110 of the 

Clean Air Act (CAA). The maintenance 

plan meets all the statutory and 

regulatory requirements, and is 

consistent with EPA’s guidance. On 

March 12, 2008, EPA issued a revised 

ozone standard. Today’s action, 

however, is being taken to address 

requirements under the 1997 8-hour 

ozone standard. Requirements for the 

Cherokee County Area under the 2008 

8-hour ozone standard will be addressed 

in the future. 

DATES: This rule is effective on July 31, 

2009 without further notice, unless EPA 

receives relevant adverse comment by 

July 1, 2009. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2008–0797, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2008– 

0797,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2008– 

0797.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http: 

//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 http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 http: 

//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 http:// 

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 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Zuri 

Farngalo, 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. Zuri 

Farngalo may be reached by phone at 

(404) 562–9152 or by electronic mail 

address farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Analysis of the State’s Submittals 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

In accordance with the CAA, the 

Cherokee County Area in South 

Carolina was designated as a 

nonattainment area effective November 

6, 1991 (56 FR 56694) because the area 

did not meet the 1-hour ozone NAAQS. 

On December 15, 1992, the State of 

South Carolina submitted a request to 

redesignate the Cherokee County Area 

26100 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 

1The air quality design value at a monitoring site 

is defined as that concentration that when reduced 

to the level of the standard ensures that the site 

meets the standard. For a concentration-based 

standard, the air quality design value is simply the 

standard-related test statistic. Thus, for the primary 

and secondary ozone standards, the 3-year average 

annual fourth-highest daily maximum 8-hour 

average ozone concentration is also the air quality 

design value for the site. 40 CFR Part 50, Appendix 

I, Section 3. 

to attainment for the 1-hour ozone 

standard. Included in the same package 

along with the redesignation request, 

South Carolina submitted the required 

1-hour ozone monitoring data and 

maintenance plan ensuring the areas 

would remain in attainment for the 1- 

hour ozone standard for a period of 10 

years. The maintenance plan submitted 

by South Carolina followed applicable 

law and EPA guidance for the required 

period. 

EPA approved South Carolina’s 

request to redesignate the Cherokee 

County, South Carolina area (67 FR 

20647) to attainment for the 1-hour 

ozone standard. The maintenance plan 

for Cherokee County was approved on 

April 26, 2002, with an effective date of 

June 25, 2002 (67 FR 2647). 

On April 30, 2004, EPA designated 

and classified areas for the 1997 8-hour 

ozone NAAQS (69 FR 23858), and 

published the final Phase 1 Rule for 

implementation of the 1997 8-hour 

ozone NAAQS (69 FR 23951), also 

known as the ‘‘Phase 1 Implementation 

Rule.’’ The Cherokee County Area was 

designated as attainment for the 1997 8- 

hour ozone standard, effective June 15, 

2004. The attainment area consequently 

was required to submit a 10-year 

maintenance plan under section 110(a) 

(1) of the CAA and the Phase 1 

Implementation Rule. On May 20, 2005, 

EPA issued guidance providing 

information on how a State might fulfill 

the maintenance plan obligation 

established by the CAA and the Phase 

1 Implementation Rule (Memorandum 

from Lydia N. Wegman to Air Division 

Directors, Maintenance Plan Guidance 

Document for Certain 8-hour Ozone 

Areas Under Section 110(a)(1) of Clean 

Air Act, May 20, 2005—hereafter 

referred to as ‘‘ Wegman 

Memorandum’’). On December 22, 2006, 

the United States Court of Appeals for 

the District of Columbia Circuit issued 

an opinion that vacated EPA’s Phase 1 

Implementation Rule for the 1997 8- 

hour Ozone Standard. (South Coast Air 

Quality Management District v. EPA, 

472 F.3d 882 (DC Cir. 2006).) The Court 

vacated those portions of the Phase 1 

Implementation Rule that provided for 

regulation of the 1997 8-hour ozone 

nonattainment areas designated under 

Subpart 1 in lieu of Subpart 2 (of part 

D of the CAA), among other portions. 

The Court’s decision does not alter any 

requirements under the Phase 1 Rule for 

this maintenance plan. South Carolina’s 

December 13, 2007, proposed SIP 

revision satisfies the section 110(a)(1) 

CAA requirements for a plan that 

provides for implementation, 

maintenance, and enforcement of the 

1997 8-hour ozone NAAQS in the 

Cherokee County Area. 

II. Analysis of the State’s Submittals 

On December 13, 2007, the State of 

South Carolina submitted a SIP revision 

containing the 1997 8-hour ozone 

maintenance plan for the Cherokee 

County Area as required by section 

110(a)(1) of the CAA and the provisions 

of EPA’s Phase 1 Implementation Rule 

(see 40 CFR 51.905(a)(4)). The purpose 

of this plan is to ensure continued 

attainment and maintenance of the 1997 

8-hour ozone NAAQS in the Cherokee 

County Area until 2014. 

As required, this plan provides for 

continued attainment and maintenance 

of the 1997 8-hour ozone NAAQS in the 

area for 10 years from the effective date 

of the area’s designation as attainment 

for the 1997 8-hour ozone NAAQS, and 

includes components illustrating how 

the Cherokee County Area will continue 

attainment of the 1997 8-hour ozone 

NAAQS and provides contingency 

measures. Each of the section 110(a)(1) 

plan components is discussed below for 

each area. 

(a) Attainment Inventory. South 

Carolina developed comprehensive 

inventories of volatile organic 

compounds (VOC) and nitrogen oxide 

(NOX) emissions from area, stationary 

point, stationary area, on-road mobile, 

biogenic, and non-road mobile sources 

using 2002 as the base year to 

demonstrate maintenance of the 1997 8- 

hour ozone NAAQS for the Cherokee 

County Area. The year 2002 is an 

appropriate year for South Carolina to 

base attainment level emissions because 

States may select any one of the three 

years on which the 1997 8-hour 

attainment designation was based (2001, 

2002, and 2003). The State’s submittal 

contains the detailed inventory data and 

summaries by source category. Using 

the 2002 inventory as a base year 

reflects one of the years used for 

calculating the air quality design 

values 1 on which the 1997 8-hour 

ozone designation decisions were based. 

It also is one of the years in the 2000– 

2004 period used to establish baseline 

visibility levels for the regional haze 

program. 

A practical reason for selecting 2002 

as the base year emission inventory is 

that Section 110(a)(2)(B) of the CAA and 

the Consolidated Emissions Reporting 

Rule (67 FR 39602, June 10, 2002) 

require States to submit emissions 

inventories for all criteria pollutants and 

their precursors every three years, on a 

schedule that includes the emissions 

year 2002. The due date for the 2002 

emissions inventory is established in 

the rule as June 2004. In accordance 

with these requirements, South Carolina 

compiles a Statewide emissions 

inventory for point sources on an 

annual basis. On-road mobile emissions 

of VOC and NOX were estimated using 

MOBILE 6.2 motor vehicle emissions 

factor computer model. Non-road 

mobile emissions data were derived 

using the U.S. EPA’s Non-Road model. 

In projecting data for the attainment 

year 2014 inventory, South Carolina 

used several methods to project data 

from the base year 2002 to the years 

2010, 2012, and 2014. These projected 

inventories were developed using EPAapproved technologies and 

methodologies. EPA’s Emissions Growth 

Analysis System model was used to 

derive growth factors for area source 

data. These growth factors were used to 

estimate projected area source 

emissions. The 2020 emissions 

inventory was used to develop 

projections for stationary point, 

stationary area and nonroad mobile 

sources. The projections for stationary 

point sources and nonroad mobile 

sources were calculated by applying a 

one percent per year industrial growth 

rate, based on forecasted economic 

indicators listed in University of South 

Carolina Moore Business School 

publications. 

The following table provides VOC and 

NOX emissions data for the 2002 base 

attainment year inventory, as well as 

projected VOC and NOX emissions 

inventory data for 2010 2012, and, 2014. 

Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 26101 

2 Despite the legal status of CAIR as remanded, 

many facilities have already installed or are 

continuing with plans to install emission controls 

that may benefit the Cherokee County Area. 

3At this time, there is not an approved method 

for determining emission reductions from a Diesel 

Inspection and Maintenance program. Therefore, 

there is no technical basis to award emission credits 

Continued 

TABLE 1—CHEROKEE COUNTY VOC AND NOX EMISSIONS INVENTORY

Emissions 2002 2010 2012 2014 

Total VOC (tons per day) ................................................................................ 46.61 46.44 46.51 46.63

Total NOX (tons per day) ................................................................................. 11.21 8.84 8.24 7.77 

As shown in Table 1 above, the 

Cherokee County Area is projected to 

decrease total NOX emissions from the 

base year of 2002 to the maintenance 

year of 2014. Total VOC emissions 

steadily decreased from the base year of 

2002 through 2010, but are then 

projected to increase by 0.12 tons per 

day between the years 2012 to the 

maintenance year of 2014. However, 

year 2014 emissions are only slightly 

more than the baseline year emission 

level. Thus South Carolina 

demonstrated that the 1997 8-hour 

ozone standard will continue to be 

maintained. This small increase of 0.02 

tons per day above the base year 2002 

inventory is not expected to have an 

impact on maintenance of the 1997 

standard, particularly because the VOC 

inventory in this area is dominated by 

biogenic sources. On-road mobile 

emission projections were calculated by 

using EPA’s MOBILE6.2 emission factor 

model. 

As shown in the table above, South 

Carolina has demonstrated that the 

future year emissions will be less than 

or consistent with the 2002 base 

attainment year’s emissions for the 1997 

8-hour ozone NAAQS. The attainment 

inventory submitted by South Carolina 

for this area is consistent with the 

criteria as discussed in the Wegman 

Memorandum. EPA finds that the future 

emissions levels in 2010, 2012, and 

2014 are expected to be similar to or less 

than the emissions levels in 2002. In the 

event that a future 8-hour ozone 

monitoring reading in this area is found 

to violate the 1997 ozone standard, the 

contingency plan section of the 

maintenance plan includes measures 

that will be promptly implemented to 

ensure that this area returns to 

maintenance of the 1997 ozone 

standard. Please see section (d) 

Contingency Plan, below, for additional 

information related to the contingency 

measures. 

(b) Maintenance Demonstration. The 

primary purpose of a maintenance plan 

is to demonstrate how an area will 

continue to remain in attainment with 

the 1997 8-hour ozone standard for the 

10-year period following the effective 

date of designation as unclassifiable/ 

attainment. The end projection year for 

the maintenance plan for the Cherokee 

County Area is 2014. As discussed in 

section (a) Attainment Inventory above, 

South Carolina identified the level of 

ozone-forming emissions that were 

consistent with attainment of the 

NAAQS for ozone in 2002. South 

Carolina projected VOC and NOX

emissions for the years 2010, 2012, and 

2014 in the Cherokee County Area; and 

EPA finds that the future emissions 

levels in those years are expected to be 

similar to or below the emissions levels 

in 2002. 

South Carolina’s SIP revisions also 

rely on several air quality measures that 

will provide for additional 8-hour ozone 

emissions reductions in the Cherokee 

County Area. These measures include 

the implementation of the following, 

among others: (1) Tier 2 Motor Vehicle 

Emissions and Fuel Standards, (2) 

Heavy-Duty Gasoline and Diesel 

Highway Vehicles Standard, (3) Large 

Nonroad Diesel Engines Rule, (4) 

Nonroad Spark Ignition Engines and 

Recreational Engines Standard, (5) NOX

SIP Call, (6) New Source Review (NSR) 

program, (7) Reasonably Available 

Control Measures (RACM) (8), and (9) 

Clean Air Interstate Rule (CAIR) 2. 

(c) Ambient Air Quality Monitoring. 

The table below shows design values for 

the Cherokee County Area. The ambient 

ozone monitoring data was collected at 

sites that were selected with assistance 

from the U.S. EPA and are considered 

to be representative of the area of 

highest concentration. 

There is one monitor in the Cherokee 

County Area. There were no recent 

design values above the 1997 0.08 ppm 

standard and it is anticipated that the 

monitors will remain at current 

locations, unless otherwise allowed to 

be removed in consultation with the 

EPA and in accordance with the 40 CFR 

part 58. 

TABLE 2—DESIGN VALUES FOR 8- 

HOUR OZONE

Year 

Cherokee 

County 

(in ppm) 

2000–2002 ............................ 0.087 

2001–2003 ............................ 0.084 

2002–2004 ............................ 0.080 

2003–2005 ............................ 0.075 

TABLE 2—DESIGN VALUES FOR 8- 

HOUR OZONE—Continued 

Year 

Cherokee 

County 

(in ppm) 

2004–2006 ............................ 0.074 

2005–2007 ............................ 0.073 

2006–2008 ............................ 0.074 

Based on the Table above, the most 

recent design values identified 

demonstrate attainment with the 1997 8- 

hour ozone NAAQS. Further, these 

design values indicate that the Cherokee 

County Area is expected to continue 

attainment of the 1997 8-hour ozone 

NAAQS. The attainment level for the 

1997 8-hour ozone standard is 

effectively 0.084 ppm. However, in the 

event that a design value at the 

Cherokee County Area monitor exceeds 

the 1997 8-hour ozone standard of 84 

parts per billion, the Contingency Plan 

included in South Carolina’s 

maintenance plan submittal includes 

contingency measures which will be 

promptly implemented in section (d) 

Contingency Plan, below. 

(d) Contingency Plan. The section 

110(a)(1) maintenance plans include 

contingency provisions to promptly 

correct any violation of the 1997 8-hour 

ozone NAAQS that occurs. The 

contingency indicator for the Cherokee 

County Area maintenance plan is based 

on updates to the emission inventories. 

The triggering mechanism for activation 

of contingency measures is a ten percent 

or greater increase in emissions of either 

VOC or NOX based on the 2002 

emissions inventory. In this 

maintenance plan, if contingency 

measures are triggered, South Carolina 

is committing to implement the 

measures as expeditiously as 

practicable, but no longer than twentyfour months. Some of the contingency 

measures include: (1) Reasonably 

Available Control Technology (RACT) 

for NOX and VOC on existing stationary 

sources; (2) implementation of diesel 

retrofit programs, including incentives 

for performing retrofits for fleet vehicle 

operations 3; (3) alternative fuel 

26102 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 

for a heavy duty diesel inspection and maintenance 

program in the SIP. However, we do not want to 

preclude future technical changes that may make 

awarding such emission credits possible. If it is 

necessary to implement contingency measures for 

this area, South Carolina, in coordination with EPA, 

will evaluate the feasibility of this program as a 

contingency measure at that time. If a technical 

basis for emission credits is not available, other 

contingency measures will need to be implemented. 

4 If this contingency measure is necessary it will 

be considered and evaluated in accordance with 

Section 211(4)(A). 

programs for fleet vehicles 4; (4) gas can 

and lawnmower replacement programs; 

(5) voluntary engine idling reduction 

programs; (6) implementation of 

additional control in upwind areas; and 

(7) other measures deemed appropriate 

at the time as a result of advances in 

control technologies. 

These contingency measures and 

schedules for implementation satisfy 

EPA’s long-standing guidance on the 

requirements of section 110(a)(1) of 

continued attainment. Continued 

attainment of the 1997 8-hour ozone 

NAAQS in the Cherokee County Area 

will depend, in part, on the air quality 

measures discussed previously (see 

section II). In addition, South Carolina 

commits to verify the 1997 8-hour ozone 

status in each maintenance plan through 

annual and periodic evaluations of the 

emissions inventories. In the annual 

evaluation, South Carolina will review 

VOC and NOX emission data from 

stationary point sources. During the 

periodic evaluations (every three years), 

South Carolina will update the 

emissions inventory for all emissions 

source categories, and compare the 

updated emissions inventory data to the 

projected 2010, 2012, and 2014 

attainment emissions inventories to 

verify continued attainment of the 1997 

8-hour ozone standard. 

III. Final Action 

Pursuant to section 110 of the CAA, 

EPA is approving the maintenance plan 

addressing the 1997 8-hour ozone 

standard in Cherokee County, South 

Carolina which was submitted by South 

Carolina on December 13, 2007, and 

ensures continued attainment of the 

1997 8-hour ozone NAAQS through the 

year 2014. EPA has evaluated South 

Carolina’s submittal and has determined 

that it meets the applicable 

requirements of the CAA and EPA 

regulations, and is consistent with EPA 

policy. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a non-controversial 

amendment and anticipates no adverse 

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 comment be filed. This 

rule will be effective on July 31, 2009 

without further notice unless the 

Agency receives adverse comment by 

July 1, 2009. 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 public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed rule. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting must do so at this time. If 

no such comments are received, the 

public is advised this rule will be 

effective on July 31, 2009 and no further 

action will be taken on the proposed 

rule. 

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 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 rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it 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). 

Section 307(b)(1) of the Clean Air Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 31, 2009. 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).) 

Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 26103 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Incorporation by reference, 

Ozone, Nitrogen dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: May 15, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 for the ‘‘Cherokee 

County 8-Hour Ozone Section 110(a)(1) 

Maintenance Plan for the 1997 8-hour 

ozone standard’’ to read as follows: 

§ 52.2210 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable 

geographic or 

nonattainment 

area 

Effective date EPA approval date Explanation 

* * * * * * * 

Cherokee County 110(a)(1) Maintenance Plan for the 1997 8-Hour 

Ozone Standard.

Cherokee County 12/13/2007 July 31, 2009. [Insert citation of publication].

[FR Doc. E9–12546 Filed 5–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0836–200739(f); 

FRL–8911–6] 

Approval and Promulgation of 

Implementation Plans; Florida; 

Removal of Gasoline Vapor Recovery 

From the Southeast Florida Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve revisions to the State 

Implementation Plan (SIP) submitted by 

the State of Florida on May 31, 2007, for 

the purpose of removing Stage II vapor 

control requirements for new and 

upgraded gasoline dispensing facilities 

in Dade, Broward, and Palm Beach 

Counties (hereafter referred to as the 

‘‘Southeast Florida Area’’), and to phase 

out Stage II requirements for existing 

facilities in those counties. In addition, 

EPA is approving this SIP revision 

which requires new and upgraded 

gasoline dispensing facilities and new 

bulk gasoline plants statewide to 

employ Stage I vapor control systems, 

and phases in Stage I vapor control 

requirements statewide for existing 

gasoline dispensing facilities. This final 

rule addresses a comment made on 

EPA’s proposed rulemaking previously 

published for this action. 

DATES: This rule will be effective July 1, 

2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2007–0836. All documents in the 

electronic docket are listed in the http:// 

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 in http:// 

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 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Twunjala Bradley, 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) 562–9352. 

Ms. Bradley can also be reached via 

electronic mail at 

bradley.twunjala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. EPA Guidance and Clean Air Act (CAA) 

Requirements 

III. Today’s Action 

IV. Comment and Response 

V. Final Action 

VI. Statutory and Executive Order Review 

I. Background 

On January 6, 1992, EPA designated 

the Southeast Florida Area as a 

‘‘moderate’’ ozone nonattainment area 

for the 1-hour ozone standard (56 FR 

56694). As a result of the designation, 

the State of Florida was required to 

implement Stage II vapor recovery. 

Pursuant to the requirements of section 

182(b)(3) of the CAA, Florida developed 

Florida Administrative Code (F.A.C.) 

Rule 62–252.400, ‘‘Gasoline Dispensing 

Facilities-Stage II Vapor Recovery.’’ The 

rule established that new gasoline 

dispensing facilities built after 

November 15, 1992, were required to 

employ Stage II systems upon start-up; 

and existing facilities were required to 

install Stage II systems by specific dates 

ranging from June 30, 1993, to 

November 15, 1994. This State rule was 

submitted as part of Florida’s SIP and 

approved by EPA effective April 25, 

1994 (59 FR 13883). 

On November 8, 1993, Florida 

submitted to EPA an ozone 

redesignation request and maintenance 

plan for the Southeast Florida Area for 

attainment status for the 1-hour ozone 

standard. This request was due to the 

State implementing all measures 

required for moderate ozone