[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Rules and Regulations]
[Pages 26099-26103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12546]


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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.

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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: <a href="/cdn-cgi/l/email-protection#dab8bfb4b0bbb7b3b4f4b6a3b4b5a8bbbf9abfaabbf4bdb5ac"><span class="__cf_email__" data-cfemail="395b5c57535854505717554057564b585c795c4958175e564f">[email protected]</span></a>.
    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 
<a href="/cdn-cgi/l/email-protection#244245564a4345484b0a5e51564d644154450a434b52"><span class="__cf_email__" data-cfemail="e78186958980868b88c99d92958ea7829786c9808891">[email protected]</span></a>.

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

[[Page 26100]]

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 
(NO<INF>X</INF>) 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.
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    \1\ The 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.
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    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 NO<INF>X</INF> 
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 EPA-approved 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 NO<INF>X</INF> emissions data 
for the 2002 base attainment year inventory, as well as projected VOC 
and NO<INF>X</INF> emissions inventory data for 2010 2012, and, 2014.

[[Page 26101]]



                            Table 1--Cherokee County VOC and NOX Emissions Inventory
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                    Emissions                          2002            2010            2012            2014
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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
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    As shown in Table 1 above, the Cherokee County Area is projected to 
decrease total NO<INF>X</INF> 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 NO<INF>X</INF> 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) 
NO<INF>X</INF> SIP Call, (6) New Source Review (NSR) program, (7) 
Reasonably Available Control Measures (RACM) (8), and (9) Clean Air 
Interstate Rule (CAIR) \2\.
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    \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.
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    (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
------------------------------------------------------------------------
                                                             Cherokee
                          Year                              County (in
                                                               ppm)
------------------------------------------------------------------------
2000-2002...............................................           0.087
2001-2003...............................................           0.084
2002-2004...............................................           0.080
2003-2005...............................................           0.075
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 NO<INF>X</INF> 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 twenty-four months. Some of the 
contingency measures include: (1) Reasonably Available Control 
Technology (RACT) for NO<INF>X</INF> 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

[[Page 26102]]

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.
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    \3\ At 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 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).
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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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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).)

[[Page 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.

0
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. 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:


Sec.  52.2210  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                 Applicable
  Name of nonregulatory SIP    geographic or                     EPA approval
          provision            nonattainment   Effective date        date                  Explanation
                                    area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Cherokee County 110(a)(1)     Cherokee County      12/13/2007  July 31, 2009.
 Maintenance Plan for the                                       [Insert
 1997 8-Hour Ozone Standard.                                    citation of
                                                                publication].
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E9-12546 Filed 5-29-09; 8:45 am]
BILLING CODE 6560-50-P


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