80 FR 57540 - 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 185 (September 24, 2015)

Page Range		57540-57542
FR Document		2015-24096

The Environmental Protection Agency (EPA) is taking final action 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 final action 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 to 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 which EPA has already approved, EPA is taking final action to approve South Carolina's infrastructure SIP submission, provided to EPA on September 20, 2011.

Federal Register, Volume 80 Issue 185 (Thursday, September 24, 2015)

[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Rules and Regulations]
[Pages 57540-57542]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24096]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0852; FRL- 9934-40-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: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 final action 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 to 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 which EPA has already approved, EPA is taking final action 
to approve South Carolina's infrastructure SIP submission, provided to 
EPA on September 20, 2011.

DATES: This rule will be effective October 26, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0852. 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 Air Regulatory Management 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, 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: 

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance for that new NAAQS. Section 110(a) of the 
CAA generally requires states to make a SIP submission to meet 
applicable requirements in order 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. For additional information on the 
infrastructure SIP requirements, see the proposed rulemaking published 
on June 8, 2015. (80 FR 32324)
    On June 8, 2015, EPA proposed to approve portions of South 
Carolina's September 20, 2011, 2008 Lead NAAQS infrastructure SIP 
submission with the exception of provisions pertaining to PSD 
permitting in sections 110(a)(2)(C), prong 3 of D(i) and (J). See 80 FR 
32324. EPA did not receive any comments, adverse or otherwise, on the 
June 8, 2015, proposed rule. EPA took final action to approve the PSD 
permitting requirements in sections 110(a)(2)(C), prong 3 of D(i) and 
(J) on March 18, 2015. See 80 FR 14019.

II. This Action

    In this rulemaking, EPA is taking final action to approve the 
remaining portions of South Carolina's infrastructure submission as 
demonstrating that the State meets the applicable requirements of 
sections 110(a)(1) and (2) of the CAA for the

[[Page 57541]]

2008 Lead NAAQS. As mentioned above, EPA took final action on the 
elements pertaining to PSD permitting in a separate action on March 18, 
2015. See 80 FR 14019.

III. Final Action

    With the exception of provisions pertaining to PSD permitting 
requirements in sections 110(a)(2)(C), prong 3 of D(i), and (J), EPA is 
taking final action to approve South Carolina's September 20, 2011, 
infrastructure submission because it addresses the required 
infrastructure elements for the 2008 Lead NAAQS. SC DHEC has addressed 
the elements of the CAA 110(a)(1) and (2) SIP requirements pursuant to 
section 110 of the CAA to ensure that the 2008 Lead NAAQS is 
implemented, enforced, and maintained in South Carolina.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     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 Clean Air Act; 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 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 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 this action will 
not impose substantial direct costs on Tribal governments or preempt 
Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 November 23, 2015. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations Lead, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 10, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 entry ``110(a)(1) and (2) 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards'' at the end of the table to read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

[[Page 57542]]



----------------------------------------------------------------------------------------------------------------
                                             State
               Provision                effective date      EPA approval date               Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure             9/20/2011  9/24/2015 [Insert Federal  With the exception of
 Requirements for the 2008 Lead                          Register citation].        provisions pertaining to PSD
 National Ambient Air Quality                                                       permitting requirements in
 Standards.                                                                         sections 110(a)(2)(C), prong
                                                                                    3 of D(i) and (J).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-24096 Filed 9-23-15; 8:45 am]
BILLING CODE 6560-50-P

57540 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations

PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. Lead National Ambient Air Quality
PROMULGATION OF Standards’’ at the end of the table to
Subpart K—Florida read as follows:
IMPLEMENTATION PLANS
■ 2. Section 52.520(e), is amended by § 52.520 Identification of plan.
■ 1. The authority citation for part 52
adding entry ‘‘110(a)(1) and (2) * * * * *
continues to read as follows:
Infrastructure Requirements for the 2008 (e) * * *

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective EPA approval
Provision Federal Register notice Explanation
date date

* * * * * * *
110(a)(1) and (2) Infrastructure Re- 10/14/2011 9/24/2015 [Insert citation of publication] ......... With the exception of provisions
quirements for the 2008 Lead pertaining to PSD permitting re-
National Ambient Air Quality quirements in sections
Standards. 110(a)(2)(C), prong 3 of D(i) and
(J).

[FR Doc. 2015–24088 Filed 9–23–15; 8:45 am] approve South Carolina’s infrastructure electronic mail at farngalo.zuri@
BILLING CODE 6560–50–P SIP submission, provided to EPA on epa.gov.
September 20, 2011. SUPPLEMENTARY INFORMATION:

ENVIRONMENTAL PROTECTION DATES:This rule will be effective I. Background
AGENCY October 26, 2015.
Upon promulgation of a new or
ADDRESSES: EPA has established a revised NAAQS, sections 110(a)(1) and
40 CFR Part 52 docket for this action under Docket (2) of the CAA require states to address
[EPA–R04–OAR–2012–0852; FRL– 9934–40– Identification No. EPA–R04–OAR– basic SIP requirements, including
Region 4] 2012–0852. All documents in the docket emissions inventories, monitoring, and
are listed on the www.regulations.gov modeling to assure attainment and
Approval and Promulgation of Web site. Although listed in the index, maintenance for that new NAAQS.
Implementation Plans; South Carolina; some information is not publicly Section 110(a) of the CAA generally
Infrastructure Requirements for the available, i.e., Confidential Business requires states to make a SIP submission
2008 Lead National Ambient Air Quality Information or other information whose to meet applicable requirements in
Standards disclosure is restricted by statute. order to provide for the implementation,
Certain other material, such as maintenance, and enforcement of a new
AGENCY: Environmental Protection copyrighted material, is not placed on or revised NAAQS within three years
Agency (EPA). the Internet and will be publicly following the promulgation of such
ACTION: Final rule. available only in hard copy form. NAAQS, or within such shorter period
Publicly available docket materials are as EPA may prescribe. For additional
SUMMARY: The Environmental Protection
available either electronically through information on the infrastructure SIP
Agency (EPA) is taking final action to
www.regulations.gov or in hard copy at requirements, see the proposed
approve the September 20, 2011, State
the Air Regulatory Management Section, rulemaking published on June 8, 2015.
Implementation Plan (SIP) submission, (80 FR 32324)
Air Planning and Implementation
provided by the South Carolina On June 8, 2015, EPA proposed to
Branch, Air, Pesticides and Toxics
Department of Health and approve portions of South Carolina’s
Management Division, U.S.
Environmental Control (SC DHEC) for September 20, 2011, 2008 Lead NAAQS
Environmental Protection Agency,
inclusion into the South Carolina SIP. infrastructure SIP submission with the
Region 4, 61 Forsyth Street SW.,
This final action pertains to the Clean exception of provisions pertaining to
Atlanta, Georgia 30303–8960. EPA
Air Act (CAA or the Act) infrastructure PSD permitting in sections 110(a)(2)(C),
requests that if at all possible, you
requirements for the 2008 Lead national prong 3 of D(i) and (J). See 80 FR 32324.
contact the person listed in the FOR
ambient air quality standards (NAAQS). EPA did not receive any comments,
FURTHER INFORMATION CONTACT section to
The CAA requires that each state adopt adverse or otherwise, on the June 8,
schedule your inspection. The Regional
and submit a SIP for the 2015, proposed rule. EPA took final
Office’s official hours of business are
implementation, maintenance, and action to approve the PSD permitting
Monday through Friday, 8:30 a.m. to
enforcement of each NAAQS requirements in sections 110(a)(2)(C),
4:30 p.m., excluding Federal holidays.
promulgated by EPA, which is prong 3 of D(i) and (J) on March 18,
commonly referred to as an FOR FURTHER INFORMATION CONTACT: Zuri 2015. See 80 FR 14019.
‘‘infrastructure’’ SIP. SC DHEC certified Farngalo, Air Regulatory Management
that the South Carolina SIP contains Section, Air Planning and II. This Action
provisions to ensure the 2008 Lead Implementation Branch, Air, Pesticides In this rulemaking, EPA is taking final
tkelley on DSK3SPTVN1PROD with RULES

NAAQS is implemented, enforced, and and Toxics Management Division, U.S. action to approve the remaining
maintained in South Carolina. With the Environmental Protection Agency, portions of South Carolina’s
exception of provisions pertaining to Region 4, 61 Forsyth Street SW., infrastructure submission as
prevention of significant deterioration Atlanta, Georgia 30303–8960. The demonstrating that the State meets the
(PSD) permitting which EPA has already telephone number is (404) 562–9152. applicable requirements of sections
approved, EPA is taking final action to Mr. Farngalo can be reached via 110(a)(1) and (2) of the CAA for the

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Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations 57541

2008 Lead NAAQS. As mentioned • does not have Federalism report containing this action and other
above, EPA took final action on the implications as specified in Executive required information to the U.S. Senate,
elements pertaining to PSD permitting Order 13132 (64 FR 43255, August 10, the U.S. House of Representatives, and
in a separate action on March 18, 2015. 1999); the Comptroller General of the United
See 80 FR 14019. • is not an economically significant States prior to publication of the rule in
regulatory action based on health or the Federal Register. A major rule
III. Final Action safety risks subject to Executive Order cannot take effect until 60 days after it
With the exception of provisions 13045 (62 FR 19885, April 23, 1997); is published in the Federal Register.
pertaining to PSD permitting • is not a significant regulatory action This action is not a ‘‘major rule’’ as
requirements in sections 110(a)(2)(C), subject to Executive Order 13211 (66 FR defined by 5 U.S.C. 804(2).
prong 3 of D(i), and (J), EPA is taking 28355, May 22, 2001); Under section 307(b)(1) of the CAA,
final action to approve South Carolina’s • is not subject to requirements of petitions for judicial review of this
September 20, 2011, infrastructure Section 12(d) of the National action must be filed in the United States
submission because it addresses the Technology Transfer and Advancement Court of Appeals for the appropriate
required infrastructure elements for the Act of 1995 (15 U.S.C. 272 note) because circuit by November 23, 2015. Filing a
2008 Lead NAAQS. SC DHEC has application of those requirements would petition for reconsideration by the
addressed the elements of the CAA be inconsistent with the Clean Air Act; Administrator of this final rule does not
110(a)(1) and (2) SIP requirements and affect the finality of this action for the
• does not provide EPA with the
pursuant to section 110 of the CAA to purposes of judicial review nor does it
discretionary authority to address, as
ensure that the 2008 Lead NAAQS is extend the time within which a petition
appropriate, disproportionate human
implemented, enforced, and maintained for judicial review may be filed, and
health or environmental effects, using
in South Carolina. shall not postpone the effectiveness of
practicable and legally permissible
such rule or action. This action may not
IV. Statutory and Executive Order methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). be challenged later in proceedings to
Reviews
In addition, this action for the state of enforce its requirements. See section
Under the CAA, the Administrator is South Carolina does not have Tribal 307(b)(2).
required to approve a SIP submission implications as specified by Executive List of Subjects in 40 CFR Part 52
that complies with the provisions of the Order 13175 (65 FR 67249, November 9,
Act and applicable Federal regulations. 2000). The Catawba Indian Nation Environmental protection, Air
42 U.S.C. 7410(k); 40 CFR 52.02(a). Reservation is located within the State pollution control, Incorporation by
Thus, in reviewing SIP submissions, of South Carolina. Pursuant to the reference, Intergovernmental relations
EPA’s role is to approve state choices, Catawba Indian Claims Settlement Act, Lead, Reporting and recordkeeping
provided that they meet the criteria of S.C. Code Ann. 27–16–120, ‘‘all state requirements, Volatile organic
the CAA. Accordingly, this action and local environmental laws and compounds.
merely approves state law as meeting regulations apply to the [Catawba Indian Dated: September 10, 2015.
Federal requirements and does not Nation] and Reservation and are fully Heather McTeer Toney,
impose additional requirements beyond enforceable by all relevant state and Regional Administrator, Region 4.
those imposed by state law. For that local agencies and authorities.’’
reason, this action: 40 CFR part 52 is amended as follows:
However, EPA has determined that
• Is not a significant regulatory action because this rule does not have
subject to review by the Office of PART 52—APPROVAL AND
substantial direct effects on an Indian PROMULGATION OF
Management and Budget under Tribe because, as noted above, this
Executive Orders 12866 (58 FR 51735, IMPLEMENTATION PLANS
action is not approving any specific
October 4, 1993) and 13563 (76 FR 3821, rule, but rather proposing that South ■ 1. The authority citation for part 52
January 21, 2011); Carolina’s already approved SIP meets continues to read as follows:
• does not impose an information certain CAA requirements. EPA notes
collection burden under the provisions Authority: 42 U.S.C. 7401 et seq.
this action will not impose substantial
of the Paperwork Reduction Act (44 direct costs on Tribal governments or Subpart PP—South Carolina
U.S.C. 3501 et seq.); preempt Tribal law.
• is certified as not having a The Congressional Review Act, 5 ■ 2. Section 52.2120(e) is amended by
significant economic impact on a U.S.C. 801 et seq., as added by the Small adding entry ‘‘110(a)(1) and (2)
substantial number of small entities Business Regulatory Enforcement Infrastructure Requirements for the 2008
under the Regulatory Flexibility Act (5 Fairness Act of 1996, generally provides Lead National Ambient Air Quality
U.S.C. 601 et seq.); that before a rule may take effect, the Standards’’ at the end of the table to
• does not contain any unfunded agency promulgating the rule must read as follows:
mandate or significantly or uniquely submit a rule report, which includes a
affect small governments, as described copy of the rule, to each House of the § 52.2120 Identification of plan.
in the Unfunded Mandates Reform Act Congress and to the Comptroller General * * * * *
of 1995 (Pub. L. 104–4); of the United States. EPA will submit a (e) * * *
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$57542 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations State effective Provision EPA approval date Explanation date * * * * * * * 110(a)(1) and (2) Infrastructure Requirements for 9/20/2011 9/24/2015 [Insert Fed- With the exception of provisions pertaining to the 2008 Lead National Ambient Air Quality eral Register citation]. PSD permitting requirements in sections Standards. 110(a)(2)(C), prong 3 of D(i) and (J). [FR Doc. 2015–24096 Filed 9–23–15; 8:45 am] BILLING CODE 6560–50–P tkelley on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 16:28 Sep 23, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 E:\FR\FM\24SER1.SGM 24SER1$

Document Created: 2018-02-26 10:18:17
Document Modified: 2018-02-26 10:18:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule will be effective October 26, 2015.
Contact		Zuri Farngalo, Air Regulatory Management 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]
FR Citation		80 FR 57540
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations Lead; Reporting and Recordkeeping Requirements and Volatile Organic Compounds