[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Rules and Regulations]
[Pages 75862-75865]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30956]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 spann.jane@epa.gov. Ms. Waterson may be reached by 
phone at (404) 562-9061, or via electronic mail at 
waterson.sara@epa.gov.

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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
------------------------------------------------------------------------

    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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Annual mean concentrations             3-Year design values
              Location                         County              Monitor ID   ------------------------------------------------------------------------
                                                                                     2008        2009        2010        2011      2008-2010   2009-2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
             Provision                 State effective date       EPA Approval date           Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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).
----------------------------------------------------------------------------------------------------------------

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]
----------------------------------------------------------------------------------------------------------------
                                           Designation a                        Category/Classification
       Designated area        ----------------------------------------------------------------------------------
                                    Date 1              Type                 Date 1                 Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Charlotte-Gastonia-Rock Hill,
 NC-SC:
    York County (part)         This action is   Attainment.
     Portion along MPO lines.   effective 12/
                                26/12.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. 2012-30956 Filed 12-21-12; 4:15 pm]
BILLING CODE 6560-50-P