[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Rules and Regulations]
[Pages 75862-75865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30956]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2012-0327; FRL-9763-8]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; South Carolina;
Redesignation of the Charlotte-Gastonia-Rock Hill, North Carolina-South
Carolina 1997 8-Hour Ozone Moderate Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve a request submitted on
June 1, 2011, from the State of South Carolina, through the South
Carolina Department of Health and Environmental Control (SC DHEC), to
redesignate the portion of York County, South Carolina that is within
the bi-state Charlotte-Gastonia-Rock Hill, North Carolina-South
Carolina ozone nonattainment area (hereafter referred to as the ``bi-
state Charlotte Area,'' or ``Area'') to attainment for the 1997 8-hour
ozone National Ambient Air Quality Standards (NAAQS). The bi-state
Charlotte Area consists of Cabarrus, Gaston, Lincoln, Mecklenburg,
Rowan, Union and a portion of Iredell County (Davidson and Coddle Creek
Townships) in North Carolina; and a portion of York County in South
Carolina, including the Catawba Indian Nation reservation lands
(hereafter referred to as ``the York County Area''). EPA's approval of
the redesignation request is based on the determination that South
Carolina has met the criteria for redesignation to attainment set forth
in the Clean Air Act (CAA or Act). Additionally, EPA is approving a
revision to the South Carolina State Implementation Plan (SIP) to
include the 1997 8-hour ozone maintenance plan for the York County Area
that contains the new 2013 and 2022 motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOx) and volatile organic compounds (VOC)
for the years 2013 and 2022. EPA will take action on the North Carolina
submission for the 1997 8-hour ozone redesignation request and
maintenance plan for its portion of the bi-state Charlotte Area in a
separate action. EPA did not receive comments on the November 15, 2012,
proposed rulemaking.
DATES: Effective Date: This rule will be effective on December 26,
2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0327. 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 to 4:30, excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Jane Spann or Sara Waterson of the
Regulatory Development Section, in 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. Ms. Spann may be reached by phone at (404) 562-9029, or via
electronic mail at [email protected]. Ms. Waterson may be reached by
phone at (404) 562-9061, or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for the actions?
II. What are the actions EPA is taking?
III. Why is EPA taking these actions?
IV. What are the effects of these actions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is the background for the actions?
On June 1, 2011, South Carolina made a submission to EPA requesting
redesignation of the York County Area to attainment for the 1997 8-hour
ozone NAAQS and approval of the South Carolina SIP revision containing
a maintenance plan for the York County Area. In an action published on
November 15, 2012 (77 FR 68087), EPA proposed approval of South
Carolina's plan for maintaining the 1997 8-hour ozone NAAQS and the NOx
and VOC MVEBs for the York County Area as contained in the maintenance
plan. At that time, EPA also proposed to approve the redesignation of
the York County Area to attainment.\1\ Additional background for
today's action is set forth in EPA's November 15, 2012, proposal.
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\1\ On March 7, 2012, at 77 FR 13493, EPA determined that the
bi-state Charlotte Area attained the 1997 8-hour ozone NAAQS by its
applicable attainment date of June 15, 2011, and that the Area was
continuing to attain the ozone standard with monitoring data that
was currently available.
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The MVEBs, specified in kilograms per day (kg/day), included in the
maintenance plan are as follows:
Table 1--York County Portion of the Bi-state Charlotte Area NOX and VOC
MVEB
[kg/day]
------------------------------------------------------------------------
2013 2022
------------------------------------------------------------------------
NOX Emissions:
Base Emissions.................................... 7,924 4,011
Safety Margin Allocated to MVEB................... 3,348 7,357
-------------------
NOX Conformity MVEB............................. 11,272 11,368
VOC Emissions:
Base Emissions.................................... 2,846 1,939
Safety Margin Allocated to MVEB................... 853 1,297
-------------------
VOC Conformity MVEB............................. 3,699 3,236
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In its November 15, 2012, proposed action, EPA noted that the
adequacy public comment period on these MVEBs (as contained in South
Carolina's submittal) began on October 28, 2011, and closed on November
28, 2011. No comments were received during the public comment period.
As stated in the November 15, 2012, proposal, this redesignation
addresses the York County Area's status solely with respect to the 1997
8-hour ozone NAAQS, for which designations were finalized on April 30,
2004. See 69 FR 23857. Effective July 20, 2012, EPA designated a
portion of York County
[[Page 75863]]
(excluding the Catawba Indian Nation reservation lands) as
nonattainment for the 2008 8-hour ozone NAAQS. This rulemaking does not
address requirements for the portion of York County that was designated
nonattainment for the 2008 8-hour ozone NAAQS. Requirements for the
portion of York County that was designated nonattainment for the 2008
8-hour ozone NAAQS will be addressed in the future.
EPA reviewed ozone monitoring data from ambient ozone monitoring
stations in the bi-state Charlotte Area from 2009-2011. These data have
been quality-assured and are recorded in Air Quality System (AQS). The
3-year average of the annual fourth highest daily maximum 8-hour
average (i.e., design values) for 2008-2010 and 2009-2011 are
summarized in Table 2. The design values demonstrate that the bi-state
Charlotte Area continues to meet the 1997 8-hour ozone NAAQS. EPA has
also reviewed preliminary monitoring data for 2012, which indicate that
the bi-state Charlotte Area continues to attain the 1997 8-hour ozone
NAAQS.
Table 2--Design Value Concentrations for the Bi-state Charlotte Area for the 1997 8-Hour Ozone NAAQS
[Parts per million]
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Annual mean concentrations 3-Year design values
Location County Monitor ID ------------------------------------------------------------------------
2008 2009 2010 2011 2008-2010 2009-2011
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Lincoln County Replacing Iron Lincoln................... 37-109-0004 0.079 0.065 0.072 0.077 0.072 0.071
Station.
Garinger High School............... Mecklenburg............... 37-119-0041 0.085 0.069 0.082 0.088 0.078 0.079
Westinghouse Blvd.................. Mecklenburg............... 37-119-1005 0.073 0.068 0.078 0.082 0.073 0.076
29 N at Mecklenburg Cab Co......... Mecklenburg............... 37-119-1009 0.093 0.071 0.082 0.083 0.082 0.078
Rockwell........................... Rowan..................... 37-159-0021 0.084 0.071 0.077 0.077 0.077 0.075
Enochville School.................. Rowan..................... 37-159-0022 0.082 0.073 0.078 0.078 0.077 0.076
Monroe Middle School............... Union..................... 37-179-0003 0.08 0.067 0.071 0.073 0.072 0.070
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II. What are the actions EPA is taking?
In today's rulemaking, EPA is approving: (1) South Carolina's 1997
8-hour ozone maintenance plan (such approval being one of the CAA
criteria for redesignation to attainment status) for the York County
Area, including MVEBs; and, (2) South Carolina's redesignation request
to change the legal designation of the portion of York County in the
bi-state Charlotte nonattainment area from nonattainment to attainment
for the 1997 8-hour ozone NAAQS. The maintenance plan is designed to
demonstrate that the York County Area (as part of the bi-state
Charlotte Area) will continue to attain the 1997 8-hour ozone NAAQS
through 2022. EPA's approval of the redesignation request is based on
EPA's determination that South Carolina meets the criteria for the York
County Area for redesignation set forth in CAA, sections 107(d)(3)(E)
and 175A, including EPA's determination that the York County Area has
attained the 1997 8-hour ozone NAAQS. EPA's analyses of South
Carolina's redesignation request, and maintenance plan are described in
detail in the November 15, 2012, proposed rule. See 77 FR 68087. EPA
did not receive any comments, adverse or otherwise, on the November 15,
2012, proposed rule to redesignate the South Carolina portion of the
bi-state Charlotte Area to attainment for the 1997 8-hour ozone NAAQS.
Consistent with the CAA, the maintenance plan that EPA is approving
also includes 2013 and 2022 MVEBs for NOX and VOC for the
York County Area. In this action, EPA is approving these NOX
and VOC MVEBs for the purposes of transportation conformity. For
required regional emissions analysis years involving 2013 and prior to
2022, the applicable budgets will be the new 2013 MVEBs. For required
regional emissions analysis years that involve 2022 or beyond, the
applicable budgets will be the new 2022 MVEBs.
III. Why is EPA taking these actions?
EPA has determined that the York County Area (as part of the bi-
state Charlotte Area) has attained the 1997 8-hour ozone NAAQS and has
also determined that all other criteria for the redesignation of the
York County Area from nonattainment to attainment of the 1997 8-hour
ozone NAAQS have been met. See CAA section 107(d)(3)(E). One of those
requirements is that the York County Area has an approved plan
demonstrating maintenance of the 1997 8-hour ozone NAAQS. EPA is also
taking final action to approve the maintenance plan for the York County
Area as meeting the requirements of sections 175A and 107(d)(3)(E) of
the CAA. EPA is also approving the new NOX and VOC MVEBs for
the years 2013 and 2022 as contained in South Carolina's maintenance
plan for the York County Area because these MVEBs are consistent with
maintenance of the 1997 8-hour ozone NAAQS in the Area. The detailed
rationale for EPA's findings and actions are set forth in the November
15, 2012, proposed rulemaking and in other discussion in this final
rulemaking.
IV. What are the effects of these actions?
Approval of the redesignation request changes the legal designation
of the portion of York County in the bi-state Charlotte Area from
nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA is
modifying the regulatory table in 40 CFR 81.341 to reflect a
designation of attainment for the county. EPA is also approving, as a
revision to the South Carolina SIP, the State's plan for maintaining
the 1997 8-hour ozone NAAQS in the York County Area through 2022. The
maintenance plan includes contingency measures to remedy possible
future violations of the 1997 8-hour ozone NAAQS, and establishes
NOX and VOC MVEBs for the years 2013 and 2022 for the York
County Area.
V. Final Action
EPA is taking final action to approve the redesignation and change
the legal designation of the portion of York County in bi-state
Charlotte Area from nonattainment to attainment for the 1997 8-hour
ozone NAAQS. Through this action, EPA is also approving into the South
Carolina SIP the 1997 8-hour ozone maintenance plan for the York County
Area, which includes for this Area the new NOX MVEB for 2013
and
[[Page 75864]]
2022 for the York County Area of 11,272 kg/day and 11,368 kg/day,
respectively. The VOC MVEB for 2013 and 2022 for the York County Area
are 3,699 kg/day and 3,236 kg/day, respectively.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. This
is because a delayed effective date is unnecessary due to the nature of
a redesignation to attainment, which relieves the Area from certain CAA
requirements that would otherwise apply to it. The immediate effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rulemaking actions may become effective less than 30 days
after publication if the rule grants or recognizes an exemption or
relieves a restriction, and section 553(d)(3), which allows an
effective date less than 30 days after publication as otherwise
provided by the agency for good cause found and published with the
rule. The purpose of the 30-day waiting period prescribed in section
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's rule relieves the State of various requirements
for the York County Area. For these reasons, EPA finds good cause under
5 U.S.C. 553(d)(3) for this action to become effective on the date of
publication of this action.
VI. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, 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 these reasons, these actions:
Are 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);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory action subject to Executive
Order 13211 (66 FR 28355, May 22, 2001);
Are 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,
Do 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, the redesignation for the York County Area does have
Tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because it may have substantial direct effects on
the Catawba Indian Nation as the Tribe's reservation lands are within
the York County Area for the 1997 8-hour ozone NAAQS. As such, today's
final action to redesignate the York County Area to attainment for the
1997 8-hour ozone NAAQS includes the Catawba Indian Nation reservation
lands. Accordingly, EPA and the Catawba Indian Nation consulted on this
redesignation prior to today's final action. EPA's consultation on this
and other ozone SIP matters for the York County Area with the Catawba
Indian Nation commenced on October 14, 2011, and concluded on October
31, 2011. EPA further notes that today's action is not anticipated to
impose substantial direct costs on Tribal governments or preempt Tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 25, 2013. 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: December 13, 2012.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
40 CFR parts 52 and 81 are 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 ``1997 8-hour
ozone
[[Page 75865]]
Maintenance Plan for the South Carolina portion of the bi-state
Charlotte Area'' 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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Provision State effective date EPA Approval date Explanation
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* * * * * * *
1997 8-hour ozone Maintenance Plan June 1, 2011.............. 12/26/12 [Insert Applicable to the 1997 8-
for the South Carolina portion of citation of hour ozone boundary in
the bi-state Charlotte Area. publication]. York County only (Rock
Hill-Fort Mill Area
Transportation Study
Metropolitan Planning
Organization Area).
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PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.341, the table entitled ``South Carolina-1997 8-Hour
Ozone NAAQS (Primary and Secondary)'' is amended under ``Charlotte-
Gastonia-Rock Hill, NC-SC'' by revising the entries for ``York County
(part) Portion along MPO lines'' to read as follows:
Sec. 81.341 South Carolina.
* * * * *
South Carolina--1997 8-Hour Ozone NAAQS
[Primary and secondary]
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Designation a Category/Classification
Designated area ----------------------------------------------------------------------------------
Date 1 Type Date 1 Type
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* * * * * * *
Charlotte-Gastonia-Rock Hill,
NC-SC:
York County (part) This action is Attainment.
Portion along MPO lines. effective 12/
26/12.
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
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[FR Doc. 2012-30956 Filed 12-21-12; 4:15 pm]
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