80 FR 32324 - Approval and Promulgation of Implementation Plans; South Carolina; Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 109 (June 8, 2015)

The Environmental Protection Agency (EPA) is proposing to approve the September 20, 2011, State Implementation Plan (SIP) submission, provided by the South Carolina Department of Health and Environmental Control (SC DHEC) for inclusion into the South Carolina SIP. This proposal pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 Lead national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. SC DHEC certified that the South Carolina SIP contains provisions that ensure the 2008 Lead NAAQS is implemented, enforced, and maintained in South Carolina. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting for which EPA is proposing no action through this notice, EPA is proposing to approve that South Carolina's infrastructure SIP submission, provided to EPA on September 20, 2011, satisfies the required infrastructure elements for the 2008 Lead NAAQS.

[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Proposed Rules]
[Pages 32324-32333]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13947]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0852; FRL-9928-85-Region 4]


Approval and Promulgation of Implementation Plans; South 
Carolina; Infrastructure Requirements for the 2008 Lead National 
Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the September 20, 2011, State Implementation Plan (SIP) 
submission, provided by the South Carolina Department of Health and 
Environmental Control (SC DHEC) for inclusion into the South Carolina 
SIP. This proposal pertains to the Clean Air Act (CAA or the Act) 
infrastructure requirements for the 2008 Lead national ambient air 
quality standards (NAAQS). The CAA requires that each state adopt and 
submit a SIP for the implementation, maintenance, and enforcement of 
each NAAQS promulgated by EPA, which is commonly referred to as an 
``infrastructure'' SIP. SC DHEC certified that the South Carolina SIP 
contains provisions that ensure the 2008 Lead NAAQS is implemented, 
enforced, and maintained in South Carolina. With the exception of 
provisions pertaining to prevention of significant deterioration (PSD) 
permitting for which EPA is proposing no action through this notice, 
EPA is proposing to approve that South Carolina's infrastructure SIP 
submission, provided to EPA on September 20, 2011, satisfies the 
required infrastructure elements for the 2008 Lead NAAQS.

DATES: Written comments must be received on or before July 8, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0852, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2012-0852,'' Air Regulatory Management 
Section (formerly Regulatory Development Section), Air Planning and 
Implementation 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, Air 
Regulatory Management Section (formerly Regulatory Development 
Section), Air Planning and Implementation 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-
2012-0852. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The 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 email 
comment directly to EPA without going through www.regulations.gov, your 
email

[[Page 32325]]

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 
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 www.regulations.gov or 
in hard copy at the Air Regulatory Management Section (formerly 
Regulatory Development Section), Air Planning and Implementation 
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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Air Regulatory 
Management Section (formerly Regulatory Development Section), Air 
Planning and Implementation Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9152. Mr. Farngalo can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. What elements are required under sections 110(a)(1) and (2)?
III. What is EPA's approach to the review of infrastructure SIP 
submissions?
IV. What is EPA's analysis of how South Carolina addressed the 
elements of Sections 110(a)(1) and (2) ``infrastructure'' 
provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

    On October 5, 1978, EPA promulgated primary and secondary NAAQS for 
Lead under section 109 of the Act. See 43 FR 46246. Both primary and 
secondary standards were set at a level of 1.5 micrograms per cubic 
meter ([mu]g/m\3\), measured as Lead in total suspended particulate 
matter (Pb-TSP), not to be exceeded by the maximum arithmetic mean 
concentration averaged over a calendar quarter. This standard was based 
on the 1977 Air Quality Criteria for Lead (USEPA, August 7, 1977). On 
November 12, 2008 (75 FR 81126), EPA issued a final rule to revise the 
primary and secondary Lead NAAQS. The revised primary and secondary 
Lead NAAQS were revised to 0.15 [mu]g/m\3\. By statute, SIPs meeting 
the requirements of sections 110(a)(1) and (2) are to be submitted by 
states within three years after promulgation of a new or revised NAAQS. 
Sections 110(a)(1) and (2) require states to address basic SIP 
requirements, including emissions inventories, monitoring, and modeling 
to assure attainment and maintenance of the NAAQS. States were required 
to submit such SIPs to EPA no later than October 15, 2011, for the 2008 
Lead NAAQS.\1\
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    \1\ In these infrastructure SIP submissions States generally 
certify evidence of compliance with sections 110(a)(1) and (2) of 
the CAA through a combination of state regulations and statutes, 
some of which have been incorporated into the federally-approved 
SIP. In addition, certain federally-approved, non-SIP regulations 
may also be appropriate for demonstrating compliance with sections 
110(a)(1) and (2). Throughout this rulemaking, unless otherwise 
indicated, state regulations referenced herein as ``Regulation(s)'' 
have been approved into South Carolina's federally-approved SIP. 
South Carolina statutes, referenced as the ``S.C. Code Ann.'' are 
not a part of the SIP unless otherwise indicated.
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    Today's action is proposing to approve South Carolina's 
infrastructure submission for the applicable requirements of the 2008 
Lead NAAQS, with the exception of the PSD permitting requirements for 
major sources contained in sections 110(a)(2)(C), prong 3 of D(i) and 
(J). With respect to South Carolina's infrastructure SIP submission 
related to the provisions pertaining to the PSD permitting requirements 
for major sources of sections 110(a)(2)(C), prong 3 of D(i) and (J), 
EPA approved these elements on March 18, 2015 (80 FR 14019). This 
action is not approving any specific rule, but rather proposing that 
South Carolina's already approved SIP meets certain CAA requirements.

II. What elements are required under Sections 110(a)(1) and (2)?

    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains. In the case of the 2008 Lead NAAQS, states typically have met 
the basic program elements required in section 110(a)(2) through 
earlier SIP submissions in connection with the 1978 Lead NAAQS.
    Section 110(a)(1) provides the procedural and timing requirements 
for SIPs. Section 110(a)(2) lists specific elements that states must 
meet for ``infrastructure'' SIP requirements related to a newly 
established or revised NAAQS. As mentioned above, these requirements 
include SIP infrastructure elements such as modeling, monitoring, and 
emissions inventories that are designed to assure attainment and 
maintenance of the NAAQS. The requirements that are the subject of this 
proposed rulemaking are listed below \2\ and in EPA's October 14, 2011, 
memorandum entitled ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for 
the 2008 Lead (Pb) National Ambient Air

[[Page 32326]]

Quality Standards (NAAQS)'' (2011 Lead Infrastructure SIP Guidance).
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    \2\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather due at the time the nonattainment area 
plan requirements are due pursuant to section 172. These 
requirements are: (1) Submissions required by section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required 
in part D Title I of the CAA, and (2) submissions required by 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, Title I of the CAA. Today's proposed 
rulemaking does not address infrastructure elements related to 
section 110(a)(2)(I) or the nonattainment planning requirements of 
110(a)(2)(C).
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement, Prevention of 
Significant Deterioration (PSD) and new source review (NSR).\3\
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    \3\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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     110(a)(2)(D): Interstate and international transport 
provisions.
     110(a)(2)(E): Adequate personnel, funding, and authority.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency episodes.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Nonattainment area plan or plan revision 
under part D. \4\
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    \4\ As mentioned above, this element is not relevant to today's 
proposed rulemaking.
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     110(a)(2)(J): Consultation with government officials, 
public notification, and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.

III. What is EPA's approach to the review of infrastructure SIP 
submissions?

    EPA is acting upon the SIP submission from South Carolina that 
addresses the infrastructure requirements of CAA sections 110(a)(1) and 
110(a)(2) for the Lead NAAQS. The requirement for states to make a SIP 
submission of this type arises out of CAA section 110(a)(1). Pursuant 
to section 110(a)(1), states must make SIP submissions ``within 3 years 
(or such shorter period as the Administrator may prescribe) after the 
promulgation of a national primary ambient air quality standard (or any 
revision thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the 
purpose of satisfying the requirements of CAA sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Although the term 
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to 
distinguish this particular type of SIP submission from submissions 
that are intended to satisfy other SIP requirements under the CAA, such 
as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to 
address the nonattainment planning requirements of part D of title I of 
the CAA, ``regional haze SIP'' submissions required by EPA rule to 
address the visibility protection requirements of CAA section 169A, and 
nonattainment new source review permit program submissions to address 
the permit requirements of CAA, title I, part D.
    Section 110(a)(1) addresses the timing and general requirements for 
infrastructure SIP submissions, and section 110(a)(2) provides more 
details concerning the required contents of these submissions. The list 
of required elements provided in section 110(a)(2) contains a wide 
variety of disparate provisions, some of which pertain to required 
legal authority, some of which pertain to required substantive program 
provisions, and some of which pertain to requirements for both 
authority and substantive program provisions.\5\ EPA therefore believes 
that while the timing requirement in section 110(a)(1) is unambiguous, 
some of the other statutory provisions are ambiguous. In particular, 
EPA believes that the list of required elements for infrastructure SIP 
submissions provided in section 110(a)(2) contains ambiguities 
concerning what is required for inclusion in an infrastructure SIP 
submission.
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    \5\ For example: Section 110(a)(2)(E)(i) provides that states 
must provide assurances that they have adequate legal authority 
under state and local law to carry out the SIP; section 110(a)(2)(C) 
provides that states must have a SIP-approved program to address 
certain sources as required by part C of title I of the CAA; and 
section 110(a)(2)(G) provides that states must have legal authority 
to address emergencies as well as contingency plans that are 
triggered in the event of such emergencies.
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    The following examples of ambiguities illustrate the need for EPA 
to interpret some section 110(a)(1) and section 110(a)(2) requirements 
with respect to infrastructure SIP submissions for a given new or 
revised NAAQS. One example of ambiguity is that section 110(a)(2) 
requires that ``each'' SIP submission must meet the list of 
requirements therein, while EPA has long noted that this literal 
reading of the statute is internally inconsistent and would create a 
conflict with the nonattainment provisions in part D of title I of the 
Act, which specifically address nonattainment SIP requirements.\6\ 
Section 110(a)(2)(I) pertains to nonattainment SIP requirements and 
part D addresses when attainment plan SIP submissions to address 
nonattainment area requirements are due. For example, section 172(b) 
requires EPA to establish a schedule for submission of such plans for 
certain pollutants when the Administrator promulgates the designation 
of an area as nonattainment, and section 107(d)(1)(B) allows up to two 
years, or in some cases three years, for such designations to be 
promulgated.\7\ This ambiguity illustrates that rather than apply all 
the stated requirements of section 110(a)(2) in a strict literal sense, 
EPA must determine which provisions of section 110(a)(2) are applicable 
for a particular infrastructure SIP submission.
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    \6\ See, e.g., ``Rule To Reduce Interstate Transport of Fine 
Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions 
to Acid Rain Program; Revisions to the NOx SIP Call; Final Rule,'' 
70 FR 25162, at 25163--65 (May 12, 2005) (explaining relationship 
between timing requirement of section 110(a)(2)(D) versus section 
110(a)(2)(I)).
    \7\ EPA notes that this ambiguity within section 110(a)(2) is 
heightened by the fact that various subparts of part D set specific 
dates for submission of certain types of SIP submissions in 
designated nonattainment areas for various pollutants. Note, e.g., 
that section 182(a)(1) provides specific dates for submission of 
emissions inventories for the ozone NAAQS. Some of these specific 
dates are necessarily later than three years after promulgation of 
the new or revised NAAQS.
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    Another example of ambiguity within sections 110(a)(1) and 
110(a)(2) with respect to infrastructure SIPs pertains to whether 
states must meet all of the infrastructure SIP requirements in a single 
SIP submission, and whether EPA must act upon such SIP submission in a 
single action. Although section 110(a)(1) directs states to submit ``a 
plan'' to meet these requirements, EPA interprets the CAA to allow 
states to make multiple SIP submissions separately addressing 
infrastructure SIP elements for the same NAAQS. If states elect to make 
such multiple SIP submissions to meet the infrastructure SIP 
requirements, EPA can elect to act on such submissions either 
individually or in a larger combined action.\8\ Similarly, EPA 
interprets the CAA to

[[Page 32327]]

allow it to take action on the individual parts of one larger, 
comprehensive infrastructure SIP submission for a given NAAQS without 
concurrent action on the entire submission. For example, EPA has 
sometimes elected to act at different times on various elements and 
sub-elements of the same infrastructure SIP submission.\9\
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    \8\ See, e.g., ``Approval and Promulgation of Implementation 
Plans; New Mexico; Revisions to the New Source Review (NSR) State 
Implementation Plan (SIP); Prevention of Significant Deterioration 
(PSD) and Nonattainment New Source Review (NNSR) Permitting,'' 78 FR 
4339 (January 22, 2013) (EPA's final action approving the structural 
PSD elements of the New Mexico SIP submitted by the State separately 
to meet the requirements of EPA's 2008 PM2.5 NSR rule), 
and ``Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Infrastructure and Interstate Transport Requirements for 
the 2006 PM2.5 NAAQS,'' (78 FR 4337) (January 22, 2013) 
(EPA's final action on the infrastructure SIP for the 2006 
PM2.5 NAAQS).
    \9\ On December 14, 2007, the State of Tennessee, through the 
Tennessee Department of Environment and Conservation, made a SIP 
revision to EPA demonstrating that the State meets the requirements 
of sections 110(a)(1) and (2). EPA proposed action for 
infrastructure SIP elements (C) and (J) on January 23, 2012 (77 FR 
3213) and took final action on March 14, 2012 (77 FR 14976). On 
April 16, 2012 (77 FR 22533) and July 23, 2012 (77 FR 42997), EPA 
took separate proposed and final actions on all other section 
110(a)(2) infrastructure SIP elements of Tennessee's December 14, 
2007 submittal.
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    Ambiguities within sections 110(a)(1) and 110(a)(2) may also arise 
with respect to infrastructure SIP submission requirements for 
different NAAQS. Thus, EPA notes that not every element of section 
110(a)(2) would be relevant, or as relevant, or relevant in the same 
way, for each new or revised NAAQS. The states' attendant 
infrastructure SIP submissions for each NAAQS therefore could be 
different. For example, the monitoring requirements that a state might 
need to meet in its infrastructure SIP submission for purposes of 
section 110(a)(2)(B) could be very different for different pollutants 
because the content and scope of a state's infrastructure SIP 
submission to meet this element might be very different for an entirely 
new NAAQS than for a minor revision to an existing NAAQS.\10\
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    \10\ For example, implementation of the 1997 PM2.5 
NAAQS required the deployment of a system of new monitors to measure 
ambient levels of that new indicator species for the new NAAQS.
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    EPA notes that interpretation of section 110(a)(2) is also 
necessary when EPA reviews other types of SIP submissions required 
under the CAA. Therefore, as with infrastructure SIP submissions, EPA 
also has to identify and interpret the relevant elements of section 
110(a)(2) that logically apply to these other types of SIP submissions 
For example, section 172(c)(7) requires that attainment plan SIP 
submissions required by part D have to meet the ``applicable 
requirements'' of section 110(a)(2). Thus, for example, attainment plan 
SIP submissions must meet the requirements of section 110(a)(2)(A) 
regarding enforceable emission limits and control measures and section 
110(a)(2)(E)(i) regarding air agency resources and authority. By 
contrast, it is clear that attainment plan SIP submissions required by 
part D would not need to meet the portion of section 110(a)(2)(C) that 
pertains to the PSD program required in part C of title I of the CAA, 
because PSD does not apply to a pollutant for which an area is 
designated nonattainment and thus subject to part D planning 
requirements. As this example illustrates, each type of SIP submission 
may implicate some elements of section 110(a)(2) but not others.
    Given the potential for ambiguity in some of the statutory language 
of section 110(a)(1) and section 110(a)(2), EPA believes that it is 
appropriate to interpret the ambiguous portions of section 110(a)(1) 
and section 110(a)(2) in the context of acting on a particular SIP 
submission. In other words, EPA assumes that Congress could not have 
intended that each and every SIP submission, regardless of the NAAQS in 
question or the history of SIP development for the relevant pollutant, 
would meet each of the requirements, or meet each of them in the same 
way. Therefore, EPA has adopted an approach under which it reviews 
infrastructure SIP submissions against the list of elements in section 
110(a)(2), but only to the extent each element applies for that 
particular NAAQS.
    Historically, EPA has elected to use guidance documents to make 
recommendations to states for infrastructure SIPs, in some cases 
conveying needed interpretations on newly arising issues and in some 
cases conveying interpretations that have already been developed and 
applied to individual SIP submissions for particular elements.\11\ EPA 
issued the 2011 Lead Infrastructure SIP Guidance \12\ to provide states 
with up-to-date guidance for Lead infrastructure SIPs. Within this 
guidance, EPA describes the duty of states to make infrastructure SIP 
submissions to meet basic structural SIP requirements within three 
years of promulgation of a new or revised NAAQS. EPA also made 
recommendations about many specific subsections of section 110(a)(2) 
that are relevant in the context of infrastructure SIP submissions. The 
guidance also discusses the substantively important issues that are 
germane to certain subsections of section 110(a)(2). Significantly, EPA 
interprets sections 110(a)(1) and 110(a)(2) such that infrastructure 
SIP submissions need to address certain issues and need not address 
others. Accordingly, EPA reviews each infrastructure SIP submission for 
compliance with the applicable statutory provisions of section 
110(a)(2), as appropriate.\13\
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    \11\ EPA notes, however, that nothing in the CAA requires EPA to 
provide guidance or to promulgate regulations for infrastructure SIP 
submissions. The CAA directly applies to states and requires the 
submission of infrastructure SIP submissions, regardless of whether 
or not EPA provides guidance or regulations pertaining to such 
submissions. EPA elects to issue such guidance in order to assist 
states, as appropriate.
    \12\ ``Guidance on Infrastructure State Implementation Plan 
(SIP) Elements Required under Clean Air Act Sections 110(a)(1) and 
110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality 
Standards (NAAQS),'' Memorandum from Stephen D. Page, October 14, 
2011.
    \13\ Although not intended to provide guidance for purposes of 
infrastructure SIP submissions for the 2008 Lead NAAQS, EPA notes, 
that following the 2011 Lead Infrastructure SIP Guidance, EPA issued 
the ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2).'' 
Memorandum from Stephen D. Page, September 13, 2013. This 2013 
guidance provides recommendations for air agencies' development and 
the EPA's review of infrastructure SIPs for the 2008 ozone primary 
and secondary NAAQS, the 2010 primary nitrogen dioxide 
(NO2) NAAQS, the 2010 primary sulfur dioxide 
(SO2) NAAQS, and the 2012 primary fine particulate matter 
(PM2.5) NAAQS, as well as infrastructure SIPs for new or 
revised NAAQS promulgated in the future.
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    EPA's approach to review of infrastructure SIP submissions is to 
identify the CAA requirements that are logically applicable to that 
submission. EPA believes that this approach to the review of a 
particular infrastructure SIP submission is appropriate, because it 
would not be reasonable to read the general requirements of section 
110(a)(1) and the list of elements in 110(a)(2) as requiring review of 
each and every provision of a state's existing SIP against all 
requirements in the CAA and EPA regulations merely for purposes of 
assuring that the state in question has the basic structural elements 
for a functioning SIP for a new or revised NAAQS. Because SIPs have 
grown by accretion over the decades as statutory and regulatory 
requirements under the CAA have evolved, they may include some outmoded 
provisions and historical artifacts. These provisions, while not fully 
up to date, nevertheless may not pose a significant problem for the 
purposes of ``implementation, maintenance, and enforcement'' of a new 
or revised NAAQS when EPA evaluates adequacy of the infrastructure SIP 
submission. EPA believes that a better approach is for states and EPA 
to focus attention on those elements of section 110(a)(2) of the CAA 
most likely to warrant a specific SIP revision due to the promulgation 
of a new or revised NAAQS or other factors.
    Finally, EPA believes that its approach with respect to 
infrastructure SIP requirements is based on a reasonable reading of 
sections 110(a)(1) and 110(a)(2) because the CAA provides other avenues 
and mechanisms to address specific substantive deficiencies in existing 
SIPs. These other statutory

[[Page 32328]]

tools allow EPA to take appropriately tailored action, depending upon 
the nature and severity of the alleged SIP deficiency. Section 
110(k)(5) authorizes EPA to issue a ``SIP call'' whenever the Agency 
determines that a state's SIP is substantially inadequate to attain or 
maintain the NAAQS, to mitigate interstate transport, or to otherwise 
comply with the CAA.\14\ Section 110(k)(6) authorizes EPA to correct 
errors in past actions, such as past approvals of SIP submissions.\15\ 
Significantly, EPA's determination that an action on a state's 
infrastructure SIP submission is not the appropriate time and place to 
address all potential existing SIP deficiencies does not preclude EPA's 
subsequent reliance on provisions in section 110(a)(2) as part of the 
basis for action to correct those deficiencies at a later time. For 
example, although it may not be appropriate to require a state to 
eliminate all existing inappropriate director's discretion provisions 
in the course of acting on an infrastructure SIP submission, EPA 
believes that section 110(a)(2)(A) may be among the statutory bases 
that EPA relies upon in the course of addressing such deficiency in a 
subsequent action.\16\
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    \14\ For example, EPA issued a SIP call to Utah to address 
specific existing SIP deficiencies related to the treatment of 
excess emissions during SSM events. See ``Finding of Substantial 
Inadequacy of Implementation Plan; Call for Utah State 
Implementation Plan Revisions,'' 74 FR 21639 (April 18, 2011).
    \15\ EPA has used this authority to correct errors in past 
actions on SIP submissions related to PSD programs. See ``Limitation 
of Approval of Prevention of Significant Deterioration Provisions 
Concerning Greenhouse Gas Emitting-Sources in State Implementation 
Plans; Final Rule,'' 75 FR 82536 (December 30, 2010). EPA has 
previously used its authority under CAA section 110(k)(6) to remove 
numerous other SIP provisions that the Agency determined it had 
approved in error. See, e.g., 61 FR 38664 (July 25, 1996) and 62 FR 
34641 (June 27, 1997) (corrections to American Samoa, Arizona, 
California, Hawaii, and Nevada SIPs); 69 FR 67062 (November 16, 
2004) (corrections to California SIP); and 74 FR 57051 (November 3, 
2009) (corrections to Arizona and Nevada SIPs).
    \16\ See, e.g., EPA's disapproval of a SIP submission from 
Colorado on the grounds that it would have included a director's 
discretion provision inconsistent with CAA requirements, including 
section 110(a)(2)(A). See, e.g., 75 FR 42342 at 42344 (July 21, 
2010) (proposed disapproval of director's discretion provisions); 76 
FR 4540 (Jan. 26, 2011) (final disapproval of such provisions).
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IV. What is EPA's analysis of how South Carolina addressed the elements 
of Sections 110(a)(1) and (2) ``infrastructure'' provisions?

    The South Carolina infrastructure submission addresses the 
provisions of sections 110(a)(1) and (2) as described below.
    1. 110(a)(2)(A): Emission limits and other control measures: 
Several provisions within South Carolina Regulations and the 1976 South 
Carolina Code of Laws, as amended, (``S.C. Code Ann.'') are relevant to 
air quality control measures. Section 48-1-50(23) of the 1976 South 
Carolina Code of Laws, as amended, (``S.C. Code Ann.'') provides the SC 
DHEC with the authority to ``[a]dopt emission and effluent control 
regulations standards and limitations that are applicable to the entire 
State, that are applicable only within specified areas or zones of the 
State, or that are applicable only when a specified class of pollutant 
is present. EPA has made the preliminary determination that the South 
Carolina's SIP and practices are adequate to protect the 2008 Lead 
NAAQS in the State.
    In this action, EPA is not proposing to approve or disapprove any 
existing State provisions with regard to excess emissions during 
startup, shutdown and malfunction (SSM) of operations at a facility. 
EPA believes that a number of states have SSM provisions which are 
contrary to the CAA and existing EPA guidance, ``State Implementation 
Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, 
and Shutdown'' (September 20, 1999), and the Agency is addressing such 
state regulations in a separate action.\17\ In the meantime, EPA 
encourages any state having a deficient SSM provision to take steps to 
correct it as soon as possible.
---------------------------------------------------------------------------

    \17\ On May 22, 2015, the EPA Administrator signed a final 
action entitled, ``State Implementation Plans: Response to Petition 
for Rulemaking; Restatement and Update of EPA's SSM Policy 
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP 
Calls to Amend Provisions Applying to Excess Emissions During 
Periods of Startup, Shutdown, and Malfunction.'' The prepublication 
version of this rule is available at http://www.epa.gov/airquality/urbanair/sipstatus/emissions.html.
---------------------------------------------------------------------------

    Additionally, in this action, EPA is not proposing to approve or 
disapprove any existing State rules with regard to director's 
discretion or variance provisions. EPA believes that a number of states 
have such provisions which are contrary to the CAA and existing EPA 
guidance (52 FR 45109 (November 24, 1987)), and the Agency plans to 
take action in the future to address such state regulations. In the 
meantime, EPA encourages any state having a director's discretion or 
variance provision which is contrary to the CAA and EPA guidance to 
take steps to correct the deficiency as soon as possible.
    2. 110(a)(2)(B): Ambient air quality monitoring/data system: SIPs 
are required to provide for the establishment and operation of ambient 
air quality monitors, the compilation and analysis of ambient air 
quality data, and the submission of these data to EPA upon request. 
South Carolina's Air Pollution Control Regulations, Regulation 61-62.5, 
Standard No. 7, Prevention of Significant Deterioration, along with the 
South Carolina Network Description and Ambient Air Network Monitoring 
Plan, provide for an ambient air quality monitoring system in the 
State. S.C. Code Ann. Sec.  48-1-50(14) provides the Department with 
the necessary authority to ``[c]ollect and disseminate information on 
air and water control.'' Annually, States develop and submit to EPA for 
approval statewide ambient monitoring network plans consistent with the 
requirements of 40 CFR parts 50, 53, and 58. The annual network plan 
involves an evaluation of any proposed changes to the monitoring 
network, includes the annual ambient monitoring network design plan and 
a certified evaluation of the agency's ambient monitors and auxiliary 
support equipment.\18\ On July 3, 2014, South Carolina submitted its 
plan to EPA. On October 8, 2014, EPA approved South Carolina's 
monitoring network plan. South Carolina's approved monitoring network 
plan can be accessed at www.regulations.gov using Docket ID No. EPA-
R04-OAR-2012-0852. EPA has made the preliminary determination that 
South Carolina's SIP and practices are adequate for the ambient air 
quality monitoring and data system related to the 2008 Lead NAAQS.
---------------------------------------------------------------------------

    \18\ On occasion, proposed changes to the monitoring network are 
evaluated outside of the network plan approval process in accordance 
with 40 CFR part 58.
---------------------------------------------------------------------------

    3. 110(a)(2)(C) Program for enforcement, Prevention of Significant 
Deterioration (PSD) and new source review (NSR): This element consists 
of three sub-elements; enforcement, state-wide regulation of new and 
modified minor sources and minor modifications of major sources; and 
preconstruction permitting of major sources and major modifications in 
areas designated attainment or unclassifiable for the subject NAAQS as 
required by CAA title I part C (i.e., the major source PSD program). In 
this action, EPA is proposing to approve South Carolina's 
infrastructure SIP submission for the 2008 Lead NAAQS with respect to 
the general requirement in section 110(a)(2)(C) to include a program in 
the SIP that provides for enforcement of emission limits and control 
measures, the regulation of minor sources and modifications, and the 
enforcement emission limits to assist in the protection of air quality 
in nonattainment, attainment or unclassifiable areas. To meet these

[[Page 32329]]

obligations, South Carolina cites to Regulation 61-62.5, Standard No. 
7, Prevention of Significant Deterioration, and Regulation 61-62.5, 
Standard No. 7.1, Nonattainment New Source Review, and Regulation 61-
62.1, Section II, Permit Requirements, which pertain to the 
construction of any new major stationary source or any project at an 
existing major stationary source in an area designated as attainment or 
unclassifiable.
    Enforcement: SC DHEC's above-described, SIP-approved regulations 
provide for enforcement of lead limits and control measures and 
construction permitting for new or modified stationary sources. Also 
S.C. Code Ann. Sec.  48-1-50(11) provides the Department with the 
authority to ``Administer penalties as otherwise provided herein for 
violations of this chapter, including any order, permit, regulation or 
standards.''
    Preconstruction PSD Permitting for Major Sources: With respect to 
South Carolina's infrastructure SIP submission related to the 
preconstruction PSD permitting requirements for major sources of 
section 110(a)(2)(C), EPA approved this element on March 18, 2015 (80 
FR 14019), and thus is not proposing any action today regarding these 
requirements.
    Regulation of minor sources and modifications: Section 110(a)(2)(C) 
also requires the SIP to include provisions that govern the minor 
source pre-construction program that regulates emissions of lead. 
Regulation 61-62.1, Section II, Permit Requirements governs the 
preconstruction permitting of modifications and construction of minor 
stationary sources.
    EPA has made the preliminary determination that South Carolina's 
SIP and practices are adequate for program enforcement of control 
measures and regulation of minor sources and modifications related to 
the 2008 Lead NAAQS.
    4. 110(a)(2)(D)(i) and (ii) Interstate and International transport 
provisions: Section 110(a)(2)(D)(i) has two components; 
110(a)(2)(D)(i)(I) and 110(a)(2)(D)(II). Each of these components have 
two subparts resulting in four distinct components, commonly referred 
to as ``prongs,'' that must be addressed in infrastructure SIP 
submissions. The first two prongs, which are codified in section 
110(a)(2)(D)(i)(I), are provisions that prohibit any source or other 
type of emissions activity in one state from contributing significantly 
to nonattainment of the NAAQS in another state (``prong 1''), and 
interfering with maintenance of the NAAQS in another state (``prong 
2''). The third and fourth prongs, which are codified in section 
110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in 
one state from interfering with measures required to prevent 
significant deterioration of air quality in another state (``prong 
3''), or to protect visibility in another state (``prong 4''). Section 
110(a)(2)(D)(ii) requires SIPs to include provisions insuring 
compliance with sections 115 and 126 of the Act, relating to interstate 
and international pollution abatement.
    110(a)(2)(D)(i)(I)--prongs 1 and 2: Section 110(a)(2)(D)(i) 
requires infrastructure SIP submissions to include provisions 
prohibiting any source or other type of emissions activity in one state 
from contributing significantly to nonattainment in, or interfering 
with maintenance of the NAAQS in another state. The physical properties 
of lead prevent lead emissions from experiencing that same travel or 
formation phenomena as PM2.5 and ozone for interstate 
transport as outlined in prongs 1 and 2. More specifically, there is a 
sharp decrease in lead concentrations, at least in the coarse fraction, 
as the distance from a lead source increases. EPA believes that the 
requirements of prongs 1 and 2 can be satisfied through a state's 
assessment as to whether a lead source located within its State in 
close proximity to a state border has emissions that contribute 
significantly to the nonattainment or interfere with maintenance of the 
NAAQS in the neighboring state. For example, EPA's experience with the 
initial Lead designations suggests that sources that emit less than 0.5 
tons per year (tpy) generally appear unlikely to contribute 
significantly to the nonattainment in another state. EPA's experience 
also suggests that sources located more than two miles from the state 
border generally appear unlikely to contribute significantly to the 
nonattainment in another state. South Carolina has one lead source that 
may potentially emit over 0.5 tpy that is currently being constructed, 
Johnson Controls, but it will be located well beyond 2 miles from the 
border of neighboring states. Thus, EPA believes there are no sources 
in South Carolina that are likely to contribute significantly to the 
nonattainment or interfere with maintenance of the NAAQS in another 
state. Therefore, EPA has made the preliminary determination that South 
Carolina's SIP meets the requirements of section 110(a)(2)(D)(i)(I).
    110(a)(2)(D)(i)(II)--prong 3: With respect South Carolina's 
infrastructure SIP submission related to the preconstruction PSD 
permitting requirements for major sources of section 
110(a)(2)(D)(i)(II), EPA approved this prong on March 18, 2015 (80 FR 
14019), and thus is not proposing any action today regarding these 
requirements.
    110(a)(2)(D)(i)(II)--prong 4: With regard to section 
110(a)(2)(D)(i)(II), the visibility sub-element, referred to as prong 
4, significant impacts from lead emissions from stationary sources are 
expected to be limited to short distances from the source. The 2011 
Lead Infrastructure SIP Guidance notes that it is anticipated that lead 
emissions will contribute only negligibly to visibility impairment in 
Class I areas. Lead stationary sources in South Carolina are located 
distances from Class I areas such that visibility impacts are 
negligible. As noted above, South Carolina has one lead source that may 
potentially emit over 0.5 tpy that is currently being constructed, 
Johnson Controls, but it will be located at such a distance from Class 
I areas such that visibility impacts would be negligible. Therefore, 
EPA has preliminarily determined that the South Carolina SIP meets the 
relevant visibility requirements of prong 4 of section 110(a)(2)(D)(i).
    110(a)(2)(D)(ii): Interstate and International transport 
provisions: Section 110(a)(2)(D)(ii) requires SIPs to include 
provisions insuring compliance with sections 115 and 126 of the Act, 
relating to interstate and international pollution abatement. With 
regard to the requirements of section 110(a)(2)(D)(ii), South Carolina 
does not have any pending obligation under sections 115 and 126 of the 
CAA. Additionally, Regulation 61-62.5, Standards 7 and 7.1 (q)(2)(iv), 
Public Participation, requires SC DHEC to notify air agencies ``whose 
lands may be affected by emissions'' from each new or modified major 
source if such emissions may significantly contribute to levels of 
pollution in excess of a NAAQS in any air quality control region 
outside of the South Carolina. EPA has made the preliminary 
determination that South Carolina's SIP and practices are adequate for 
insuring compliance with the applicable requirements relating to 
interstate and international pollution abatement for the 2008 Lead 
NAAQS.
    5. 110(a)(2)(E): Adequate personnel, funding, and authority: 
Section 110(a)(2)(E) requires that each implementation plan provide (i) 
necessary assurances that the State will have adequate personnel, 
funding, and authority under state law to carry out its implementation 
plan, (ii) that the State comply with the requirements respecting State 
Boards pursuant to section 128 of the Act, and (iii)

[[Page 32330]]

necessary assurances that, where the State has relied on a local or 
regional government, agency, or instrumentality for the implementation 
of any plan provision, the State has responsibility for ensuring 
adequate implementation of such plan provisions. EPA is proposing to 
approve South Carolina's SIP as meeting the requirements of section 
110(a)(2)(E). EPA's rationale for today's proposal respecting each 
requirement of section 110(a)(2)(E) is described below.
    With respect to section 110(a)(2)(E)(i) and (iii), SC DHEC 
develops, implements and enforces EPA-approved SIP provisions in the 
State. S.C. Code Ann. Section 48, Title 1, as referenced in SC DHEC's 
infrastructure SIP submission, provides the Department's general legal 
authority to establish a SIP and implement related plans. Specifically, 
S.C. Code Ann. Sec.  48-1-50(12) grants SC DHEC the statutory authority 
to ``[a]ccept, receive and administer grants or other funds or gifts 
for the purpose of carrying out any of the purposes of this chapter; 
[and to] accept, receive and receipt for Federal money given by the 
Federal government under any Federal law to the State of South Carolina 
for air or water control activities, surveys or programs.'' S.C. Code 
Ann. Section 48, Title 2 grants SC DHEC statutory authority to 
establish environmental protection funds, which provide resources for 
SC DHEC to carry out its obligations under the CAA. Additionally, 
Regulation 61-30, Environmental Protection Fees, provides SC DHEC with 
the ability to access fees for environmental permitting programs. SC 
DHEC implements the SIP in accordance with the provisions of S.C. Code 
Ann Sec.  1-23-40 (the Administrative Procedures Act) and S.C. Code 
Ann. Section 48, Title 1.
    The requirements of 110(a)(2)(E)(i) and (iii) are further confirmed 
when EPA performs a completeness determination for each SIP submittal. 
This provides additional assurances that each submittal provides 
evidence that adequate personnel, funding, and legal authority under 
State Law has been used to carry out the State's implementation plan 
and related issues. This information is included in all prehearings and 
final SIP submittal packages for approval by EPA.
    EPA also notes that annually, states update grant commitments based 
on current SIP requirements, air quality planning, and applicable 
requirements related to the NAAQS, including the lead NAAQS. On March 
11, 2014, EPA submitted a letter to South Carolina outlining 105 grant 
commitments and current status of these commitments for fiscal year 
2013. The letter EPA submitted to South Carolina can be accessed at 
www.regulations.gov using Docket ID No. EPA-R04-OAR-2012-0852. There 
were no outstanding issues, therefore South Carolina's grants were 
finalized and closed out. EPA has made the preliminary determination 
that South Carolina has adequate resources for implementation of the 
2008 Lead NAAQS.
    With respect to 110(a)(2)(E)(ii), South Carolina satisfies the 
requirements of CAA section 128(a)(1) for the SC Board of Health and 
Environmental Control, which is the ``board or body which approves 
permits and enforcement orders'' under CAA programs in South Carolina, 
through S.C. Code Ann. Section 8-13-730. S.C. Code Ann. Section 8-13-
730 provides that ``[u]nless otherwise provided by law, no person may 
serve as a member of a governmental regulatory agency that regulates 
business with which that person is associated,'' and S.C. Code Ann. 
Section 8-13-700(A) which provides in part that ``[n]o public official, 
public member, or public employee may knowingly use his official 
office, membership, or employment to obtain an economic interest for 
himself, a member of his immediate family, an individual with whom he 
is associated, or a business with which he is associated.'' S.C. Code 
Ann. Section 8-13-700(B)(1)-(5) provides for disclosure of any 
conflicts of interest by public official, public member or public 
employee, which meets the requirement of CAA Section 128(a)(2) that 
``any potential conflicts of interest . . . be adequately disclosed.'' 
These state statutes--S.C. Code Ann. Sections 8-13-730, 8-13-700(A), 
and 8-13-700(B)(1)-(5)--have been approved into the South Carolina SIP 
as required by CAA section 128. Thus, EPA has made the preliminary 
determination that South Carolina's SIP and practices are adequate for 
insuring compliance with the applicable requirements relating to state 
boards for the 2008 Lead NAAQS.
    6. 110(a)(2)(F) Stationary source monitoring system: South 
Carolina's infrastructure SIP submission describes the establishment of 
requirements for compliance testing by emissions sampling and analysis, 
and for emissions and operation monitoring to ensure the quality of 
data in the State. SC DHEC uses these data to track progress towards 
maintaining the NAAQS, develop control and maintenance strategies, 
identify sources and general emission levels, and determine compliance 
with emission regulations and additional EPA requirements. These SIP 
requirements are codified at Regulation 61-62.1, Definitions and 
General Requirements, which provides for an emission inventory plan 
that establishes reporting requirements of the South Carolina SIP. 
South Carolina's SIP requires owners or operators of stationary sources 
to monitor emissions, submit periodic reports of such emissions and 
maintain records as specified by various regulations and permits, and 
to evaluate reports and records for consistency with the applicable 
emission limitation or standard on a continuing basis over time. The 
monitoring data collected and records of operations serve as the basis 
for a source to certify compliance, and can be used by SC DHEC as 
direct evidence of an enforceable violation of the underlying emission 
limitation or standard. Accordingly, EPA is unaware of any provision 
preventing the use of credible evidence in the South Carolina SIP.
    Additionally, South Carolina is required to submit emissions data 
to EPA for purposes of the National Emissions Inventory (NEI). The NEI 
is EPA's central repository for air emissions data. EPA published the 
Air Emissions Reporting Rule (AERR) on December 5, 2008, which modified 
the requirements for collecting and reporting air emissions data (73 FR 
76539). The AERR shortened the time states had to report emissions data 
from 17 to 12 months, giving states one calendar year to submit 
emissions data. All states are required to submit a comprehensive 
emissions inventory every three years and report emissions for certain 
larger sources annually through EPA's online Emissions Inventory 
System. States report emissions data for the six criteria pollutants 
and their associated precursors--NOX, sulfur dioxide, 
ammonia, lead, carbon monoxide, particulate matter, and VOC. Many 
states also voluntarily report emissions of hazardous air pollutants. 
South Carolina made its latest update to the 2011 NEI on April 8, 2014. 
EPA compiles the emissions data, supplementing it where necessary, and 
releases it to the general public through the Web site http://www.epa.gov/ttn/chief/eiinformation.html. EPA has made the preliminary 
determination that South Carolina's SIP and practices are adequate for 
the stationary source monitoring systems related to the 2008 Lead 
NAAQS. Accordingly, EPA is proposing to approve South Carolina's 
infrastructure SIP submission with respect to section 110(a)(2)(F).
    7. 110(a)(2)(G) Emergency episodes: This section requires that 
states

[[Page 32331]]

demonstrate authority comparable with section 303 of the CAA and 
adequate contingency plans to implement such authority. Regulation 61-
62.3, Air Pollution Episodes, provides for contingency measures when an 
air pollution episode or exceedance may lead to a substantial threat to 
the health of persons in the state or region. S.C. Code Ann. Section 
48-1-290 provides SC DHEC, with concurrent notice to the Governor, the 
authority to issue an order recognizing the existence of an emergency 
requiring immediate action as deemed necessary by SC DHEC to protect 
the public health or property. Any person subject to this order is 
required to comply immediately. Additionally, S.C. Code Ann. Section 1-
23-130 provides the Department with the authority to establish 
emergency regulations if it finds that an imminent peril to public 
health, safety, or welfare requires immediate promulgation of an 
emergency regulation or it finds that abnormal or unusual conditions, 
immediate need, or the state's best interest requires immediate 
promulgation of emergency regulations to protect or manage natural 
resources. EPA has made the preliminary determination that South 
Carolina's SIP, state laws and practices are adequate for emergency 
powers related to the 2008 Lead NAAQS. Accordingly, EPA is proposing to 
approve South Carolina's infrastructure SIP submission with respect to 
section 110(a)(2)(G).
    8. 110(a)(2)(H) Future SIP revisions: As previously discussed, SC 
DHEC is responsible for adopting air quality rules and revising SIPs as 
needed to attain or maintain the NAAQS. South Carolina has the ability 
and authority to respond to calls for SIP revisions, and has provided a 
number of SIP revisions over the years for implementation of the NAAQS. 
Additionally, S.C. Code Ann. Section 48, Title 1, provides SC DHEC with 
the necessary authority to revise the SIP to accommodate changes in the 
NAAQS and thus revise the SIP as appropriate. EPA has made the 
preliminary determination that South Carolina adequately demonstrates a 
commitment to provide future SIP revisions related to the 2008 Lead 
NAAQS when necessary. Accordingly, EPA is proposing to approve South 
Carolina's infrastructure SIP submission with respect to section 
110(a)(2)(H).
    9. 110(a)(2)(J) Consultation with government officials, public 
notification, and PSD and visibility protection: EPA is proposing to 
approve South Carolina's infrastructure SIP submission for the 2008 
Lead NAAQS with respect to the general requirement in section 
110(a)(2)(J) to include a program in the SIP that provides for meeting 
the applicable consultation requirements of section 121, the public 
notification requirements of section 127; and the visibility protection 
requirements of Part C of the Act. With respect to South Carolina's 
infrastructure SIP submission related to the PSD permitting 
requirements, EPA approved this sub-element of 110(a)(2)(J) on March 
18, 2015 (80 FR 14019) and thus is not proposing any action today 
regarding these requirements. EPA's rationale for its proposed action 
regarding applicable consultation requirements of section 121 and the 
public notification requirements of section 127, and visibility 
protection requirements is described below.
    110(a)(2)(J) (121 consultation) Consultation with government 
officials: Regulation 61-62.5, Standard No. 7, Prevention of 
Significant Deterioration, as well as the State's Regional Haze 
Implementation Plan, See 77 FR 38509, (which allows for consultation 
between appropriate state, local, and tribal air pollution control 
agencies as well as the corresponding Federal Land Managers), provide 
for consultation with government officials whose jurisdictions might be 
affected by SIP development activities. South Carolina adopted state-
wide consultation procedures for the implementation of transportation 
conformity, which require SC DHEC to consult with federal, state and 
local transportation and air quality agency officials on the 
development of motor vehicle emissions budgets. EPA has made the 
preliminary determination that South Carolina's SIP and practices 
adequately demonstrate consultation with government officials related 
to the 2008 Lead NAAQS when necessary. Accordingly, EPA is proposing to 
approve South Carolina's infrastructure SIP submission with respect to 
section 110(a)(2)(J) consultation with government officials.
    110(a)(2)(J) (127 public notification) Public notification: These 
requirements are met through 61-62.3, Air Pollution Episodes, which 
requires that SC DHEC notify the public of any air pollution episode or 
NAAQS violation. Regulation 61-62.5, Standard 7.1 (q), Public 
Participation, notifies the public by advertisement in a newspaper of 
general circulation in each region in which a proposed plant or 
modifications will be constructed of the degree of increment 
consumption that is expected from the plant or modification, and the 
opportunity for comment at a public hearing as well as written public 
comment. An opportunity for a public hearing for interested persons to 
appear and submit written or oral comments on the air quality impact of 
the plant or modification, alternatives to the plant or modification, 
the control technology required, and other appropriate considerations 
is also offered. EPA has made the preliminary determination that South 
Carolina's SIP and practices adequately demonstrate the State's ability 
to provide public notification related to the 2008 Lead NAAQS when 
necessary. Accordingly, EPA is proposing to approve South Carolina's 
infrastructure SIP submission with respect to section 110(a)(2)(J) 
public notification.
    110(a)(2)(J)--Visibility protection: The 2011 Lead Infrastructure 
SIP Guidance notes that EPA does not generally treat the visibility 
protection aspects of section 110(a)(2)(J) as applicable for purposes 
of the infrastructure SIP approval process. EPA recognizes that states 
are subject to visibility protection and regional haze program 
requirements under Part C of the Act (which includes sections 169A and 
169B). However, in the event of the establishment of a new primary 
NAAQS, the visibility protection and regional haze program requirements 
under part C do not change. Thus, EPA concludes there are no new 
applicable visibility protection obligations under section 110(a)(2)(J) 
as a result of the 2008 Lead NAAQS, and as such, has made the 
preliminary determination that South Carolina's SIP is adequate as it 
relates to the visibility protection sub-element of section 
110(a)(2)(J).
    10. 110(a)(2)(K) Air quality and modeling/data: Section 
110(a)(2)(K) of the CAA requires that SIPs provide for performing air 
quality modeling so that effects on air quality of emissions from NAAQS 
pollutants can be predicted and submission of such data to the USEPA 
can be made. Regulations 61-62.5, Standards No. 2, Ambient Air Quality 
Standards, and Regulation 61-62.5, Standard No. 7, Prevention of 
Significant Deterioration, of the South Carolina SIP specify that 
required air modeling be conducted in accordance with 40 CFR part 51, 
Appendix W ``Guideline on Air Quality Models.'' These standards 
demonstrate that South Carolina has the authority to provide relevant 
data for the purpose of predicting the effect on ambient air quality of 
emissions of lead. Additionally, South Carolina supports a regional 
effort to coordinate the development of emissions inventories and 
conduct regional modeling for several NAAQS, including the 2008 Lead 
NAAQS, for the southeastern states. Taken as a whole, South Carolina's 
air quality regulations and

[[Page 32332]]

practices demonstrate that SC DHEC has the authority to provide 
relevant data for the purpose of predicting the effect on ambient air 
quality of any emissions of any pollutant for which a NAAQS had been 
promulgated, and to provide such information to the EPA Administrator 
upon request. EPA has made the preliminary determination that South 
Carolina's SIP and practices adequately demonstrate the State's ability 
to provide for air quality and modeling, along with analysis of the 
associated data, related to the 2008 Lead NAAQS. Accordingly, EPA is 
proposing to approve South Carolina's infrastructure SIP submission 
with respect to section 110(a)(2)(K).
    11. 110(a)(2)(L)--Permitting fees: This section requires the SIP to 
direct the owner or operator of each major stationary source to pay to 
the permitting authority, as a condition of any permit required under 
the CAA, a fee sufficient to cover (i) the reasonable costs of 
reviewing and acting upon any application for such a permit, and (ii) 
if the owner or operator receives a permit for such source, the 
reasonable costs of implementing and enforcing the terms and conditions 
of any such permit (not including any court costs or other costs 
associated with any enforcement action), until such fee requirement is 
superseded with respect to such sources by the Administrator's approval 
of a fee program under title V.
    Section 48-2-50 of the South Carolina Code prescribes that SC DHEC 
charge fees for environmental programs it administers pursuant to 
federal and state law and regulations including those that govern the 
costs to review, implement and enforce PSD and NNSR permits. Regulation 
61-30, Environmental Protection Fees \19\ prescribes fees applicable to 
applicants and holders of permits, licenses, certificates, 
certifications, and registrations, establishes procedures for the 
payment of fees, provides for the assessment of penalties for 
nonpayment, and establishes an appeals process for refuting fees. This 
regulation may be amended as needed to meet the funding requirements of 
the state's permitting program. Additionally, South Carolina has a 
federally-approved title V program, Regulation 61-62.70, Title V 
Operating Permit Program,\20\ which implements and enforces the 
requirements of PSD and nonattainment NSR for facilities once they 
begin operating. EPA has made the preliminary determination that South 
Carolina's SIP and practices adequately provide for permitting fees 
related to the 2008 Lead NAAQS when necessary. Accordingly, EPA is 
proposing to approve South Carolina's infrastructure SIP submission 
with respect to section 110(a)(2)(L).
---------------------------------------------------------------------------

    \19\ This regulation has not been incorporated into the 
federally-approved SIP.
    \20\ Title V program regulations are federally-approved but not 
incorporated into the federally-approved SIP.
---------------------------------------------------------------------------

    12. 110(a)(2)(M) Consultation/participation by affected local 
entities: This element requires states to provide for consultation and 
participation in SIP development by local political subdivisions 
affected by the SIP. Regulation 61-62.5, Standard No. 7, Prevention of 
Significant Deterioration, of the South Carolina SIP requires that SC 
DHEC notify the public of an application, preliminary determination, 
the activity or activities involved in the permit action, any emissions 
change associated with any permit modification, and the opportunity for 
comment prior to making a final permitting decision. SC DHEC has 
recently worked closely with local political subdivisions during the 
development of its Transportation Conformity SIP, Regional Haze 
Implementation Plan, and Early Action Compacts. EPA has made the 
preliminary determination that South Carolina's SIP and practices 
adequately demonstrate consultation with affected local entities 
related to the 2008 Lead NAAQS. Accordingly, EPA is proposing to 
approve South Carolina's infrastructure SIP submission with respect to 
section 110(a)(2)(M).

V. Proposed Action

    With the exception of the PSD permitting requirements for major 
sources contained in section 110(a)(2)(C), prong 3 of (D)(i), and (J), 
EPA is proposing to approve that SC DHEC's infrastructure SIP 
submission, submitted September 20, 2011, for the 2008 Lead. EPA is 
proposing to approve these portions of South Carolina's infrastructure 
submission for the 2008 Lead NAAQS because this submission is 
consistent with section 110 of the CAA.

VI. 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. See 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 proposed action for the state of South Carolina 
does not have Tribal implications as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000). The Catawba Indian Nation Reservation 
is located within the State of South Carolina. Pursuant to the Catawba 
Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all state and 
local environmental laws and regulations apply to the [Catawba Indian 
Nation] and Reservation and are fully enforceable by all relevant state 
and local agencies and authorities.'' However, EPA has determined that 
because this proposed rule does not have substantial direct effects on 
an Indian Tribe because, as noted above, this action is not approving 
any specific rule, but rather proposing that South Carolina's already 
approved SIP meets certain CAA requirements. EPA notes today's action 
will not impose

[[Page 32333]]

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, Sulfur oxides, Volatile organic compounds.

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

    Dated: May 28, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-13947 Filed 6-5-15; 8:45 am]
 BILLING CODE 6560-50-P