
[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Proposed Rules]               
[Page 29731-29733]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my08-18]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0115-200806; FRL-8570-1]

 
Approval and Promulgation of Implementation Plans South Carolina: 
Interstate Transport of Pollution

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the South Carolina Department of Health and 
Environmental Control (SC DHEC), on June 25, 2007, pursuant to the 
requirements of section 110(a)(2)(D)(i) of the Clean Air Act (CAA). 
Section 110(a)(2)(D)(i) of the CAA requires each state to submit a SIP 
revision within three years of a revision to the national ambient air 
quality standards (NAAQS). The SIP revision must include provisions 
adequate to address emissions that may adversely affect another state's 
air quality through interstate transport of the revised NAAQS pursuant 
to the CAA. On July 18, 1997, EPA published revisions to the NAAQS for 
ozone and fine particulate matter (PM2.5). SC DHEC's June 
25, 2007, SIP revision addresses the elements required by section 
110(a)(2)(D)(i) of the CAA with regard to ozone and PM2.5, 
and as a result, it is approvable.

DATES: Comments must be received on or before June 23, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2008-0115, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: Harder.Stacy@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2008-0115, 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: Stacy Harder, 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

[[Page 29732]]

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-
2008-0115. 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: Ms. Stacy Harder of the Regulatory 
Development Section at 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. 
Harder's telephone number is (404) 562-9042. She can also be reached 
via electronic mail at harder.stacy@epa.gov. For further information 
relating to the South Carolina SIP, please contact Ms. Nacosta Ward. 
Ms. Ward can be reached at (404) 562-9140, or ward.nacosta@epa.gov.

Table of Contents

I. What Is the Background for EPA's Action?
II. Proposed Action
III. Statutory and Executive Order Reviews

SUPPLEMENTARY INFORMATION:

I. What Is the Background for EPA's Action?

    EPA is proposing to approve a SIP revision submitted by SC DHEC on 
June 25, 2007. This SIP revision addresses the requirements of CAA 
section 110(a)(2)(D)(i). This SIP revision was public noticed on April 
25, 2007, and a public hearing was held on May 30, 2007; no comments 
were received.
    Section 110(a)(1) of the CAA requires that each state submit to EPA 
a SIP revision within three years after promulgation of a NAAQS. 
Section 110(a)(2)(D)(i) requires that the aforementioned SIP contain 
adequate provisions to prohibit any source or other type of emissions 
activity within the state from emitting any air pollutant in amounts 
which will:

    (I) contribute significantly to nonattainment in, or interfere 
with maintenance by, any other State with respect to any such 
national primary or secondary ambient air quality standard, or (II) 
interfere with measures required to be included in the applicable 
implementation plan for any other State under part C of this 
subchapter to prevent significant deterioration of air quality or to 
protect visibility * * *

CAA section 110(a)(2)(D)(i)(I) and (II). The provision quoted above can 
be described as including four separate but related elements that an 
applicable SIP revision should include: (1) Provisions prohibiting a 
state from contributing significantly to nonattainment of the NAAQS for 
areas in another state; (2) provisions prohibiting interference with 
maintenance of the NAAQS in another state; (3) provisions prohibiting 
interference with measures required to meet implementation plan 
requirements related to prevention of significant deterioration (PSD) 
for any other state; and (4) provisions prohibiting interference with 
measures required to meet implementation plan requirements related to 
regional haze for any other state.
    On July 18, 1997, EPA published revisions to the NAAQS for ozone 
(62 FR 2) and PM2.5 (62 FR 38652). The current SIP revision 
by South Carolina is intended to satisfy the requirements of Section 
110(a)(2)(D)(i) of the CAA for the 1997 ozone and PM2.5 
NAAQS. As is described below, the current SIP revision by South 
Carolina adequately addresses all four sub-elements of section 
110(a)(2)(D)(i) of the CAA, and is therefore approvable.
    The first two sub-elements of section 110(a)(2)(D)(i) of the CAA 
regard the prohibition of one state from interfering with maintenance 
or attainment of a NAAQS in another state. These first two sub-elements 
of Section 110(a)(2)(D)(i) were met by South Carolina's SIP revision 
regarding EPA's Clean Air Interstate Rule (CAIR). EPA promulgated CAIR 
on May 12, 2005 (70 FR 25162). CAIR requires certain states to reduce 
emissions of sulfur dioxide (SO2) and nitrogen oxides 
(NOX) that significantly contribute to, and interfere with 
maintenance of, the NAAQS for PM2.5 and/or ozone in any 
downwind state, thus addressing the two revised NAAQS pollutants at 
issue as well as the issue of interstate interference with maintenance 
or attainment of the NAAQS. CAIR established state budgets for 
SO2 and NOX and requires states to submit SIP 
revisions that implement these budgets in states that EPA concluded did 
contribute to nonattainment in other states.
    South Carolina is a CAIR-State for both ozone and PM2.5 
(see 60 FR 25162, May 12, 2005). Because South Carolina adopted CAIR, 
EPA has already concluded that South Carolina can meet its section 
110(a)(2)(D)(i) obligations to address the significant contribution and 
interference with maintenance requirements by complying with the CAIR 
requirements. EPA published a direct final action approving the South 
Carolina CAIR SIP revision for its allocation methodology on October 9, 
2007 (72 FR 57257). In addition, South Carolina remains covered by the 
CAIR Federal Implementation Plan (FIP) for the remainder of its trading 
program. Therefore, EPA has determined that through the above actions, 
South Carolina has adequately addressed the first two sub-elements of 
the CAA section 110(a)(2)(D)(i) requirements (i.e.,

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to prevent emissions that contribute significantly to other state's 
nonattainment of, or interfere with the maintenance of, the NAAQS).
    The third CAA section 110(a)(2)(D)(i) sub-element addressed by 
South Carolina in its June 25, 2007, submittal relates to the 
prevention of significant deterioration (PSD) program. For ozone and 
PM2.5, South Carolina has met its obligation by confirming 
that major sources in the State are currently subject to PSD and/or 
Nonattainment New Source Review programs that implement the 1997 8-hour 
ozone standard and the PM2.5 standard.
    The fourth CAA section 110(a)(2)(D)(i) sub-element regards 
visibility. South Carolina addressed this fourth sub-element through 
its SIP submittal describing its Regional Haze Implementation Plan. 
This revision was submitted to EPA on December 17, 2007.

II. Proposed Action

    EPA is now proposing to approve South Carolina's CAA section 
110(a)(2)(D)(i) SIP revision submitted on June 25, 2007. EPA has 
reviewed South Carolina's 110(a)(2)(D)(i) revision and has found that 
it is consistent with the relevant CAA requirements as discussed above.

III. 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 
proposed 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 proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulphur oxides, Volatile organic compounds.

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

    Dated: May 9, 2008.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
 [FR Doc. E8-11484 Filed 5-21-08; 8:45 am]

BILLING CODE 6560-50-P
