80 FR 76865 - Air Plan Approval and Air Quality Designation; SC; Redesignation of the Charlotte-Rock Hill, 2008 8-Hour Ozone Nonattainment Area to Attainment
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 238 (December 11, 2015)
Federal Register Volume 80, Issue 238 (December 11, 2015)
| Page Range | 76865-76868 | |
| FR Document | 2015-30920 |
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)] [Rules and Regulations] [Pages 76865-76868] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30920] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R04-OAR-2015-0298; FRL-9939-66-Region 4] Air Plan Approval and Air Quality Designation; SC; Redesignation of the Charlotte-Rock Hill, 2008 8-Hour Ozone Nonattainment Area to Attainment AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking three separate final actions related to a state implementation plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), on April 17, 2015. These final actions are for the York County, South Carolina portion of the bi-state Charlotte-Rock Hill, North Carolina- South Carolina 2008 8-hour ozone national ambient air quality standards (NAAQS) nonattainment area (the entire area is hereinafter referred to as the ``bi-State Charlotte Area'' or ``Area'' and the South Carolina portion is hereinafter referred to as the ``York County Area''). In these three final actions, EPA determines that the bi-state Charlotte Area is continuing to attain the 2008 8-hour ozone NAAQS; approves and incorporates South Carolina's plan for maintaining attainment of the 2008 8-hour ozone standard in the York County Area, including the 2014 and 2026 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX ) and volatile organic compounds (VOC) for the York County Area, into the SIP; and redesignates the York County Area to attainment for the 2008 8-hour ozone NAAQS. Additionally, EPA finds the 2014 and 2026 MVEBs for the York County Area adequate for the purposes of transportation conformity. DATES: This rule will be effective January 11, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0298. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be 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: Kelly Sheckler of 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. Mrs. Sheckler may be reached by phone at (404) 562-9992 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background for Final Actions On May 21, 2012 (77 FR 30088), EPA designated areas as unclassifiable/attainment or nonattainment for the 2008 8-hour ozone NAAQS that was promulgated on March 27, 2008 (73 FR [[Page 76866]] 16436). The bi-state Charlotte Area was designated as nonattainment for the 2008 8-hour ozone NAAQS and classified as a marginal nonattainment area. The bi-state Charlotte Area consists of York County, South Carolina, within the Rock Hill Fort Hill Area Transportation Study (RFATS) Metropolitan Planning Organization (MPO); Mecklenburg County, North Carolina; and portions of Cabarrus, Gaston, Iredell, Lincoln, Rowan and Union Counties in North Carolina. EPA previously addressed North Carolina's request to redesignate the North Carolina portion of the Area and its maintenance plan for the 2008 8-hour ozone NAAQS in a separate rulemaking. See 80 FR 44873 (July 28, 2015). On April 17, 2015, SC DHEC requested that EPA redesignate the South Carolina portion of the Area to attainment for the 2008 8-hour ozone NAAQS and submitted a SIP revision containing the State's plan for maintaining attainment of the 2008 8-hour ozone standard in the Area, including the 2014 and 2026 MVEBs for NOX and VOC for the York County Area. In a notice of proposed rulemaking (NPR) published on October 14, 2015, EPA proposed to determine that the bi-state Charlotte Area is continuing to attain the 2008 8-hour ozone NAAQS; to approve and incorporate into the South Carolina SIP the State's plan for maintaining attainment of the 2008 8-hour ozone standard in the Area, including the 2014 and 2026 MVEBs for NOX and VOC for the South Carolina potion of the bi-state Charlotte Area; and to redesignate the South Carolina portion of the Area to attainment for the 2008 8-hour ozone NAAQS. See 80 FR 61775. In that notice, EPA also notified the public of the status of the Agency's adequacy determination for the NOX and VOC MVEBs for the South Carolina portion of the bi-state Charlotte Area. No comments were received. The details of South Carolina's submittal and the rationale for EPA's actions are further explained in the NPR. See 80 FR 61775 (October 14, 2015). II. What are the effects of these actions? Approval of South Carolina's redesignation request changes the legal designation of York County in the South Carolina portion of the bi-state Charlotte Area, found at 40 CFR 81.341, from nonattainment to attainment for the 2008 8-hour ozone NAAQS. Approval of South Carolina's associated SIP revision also incorporates a plan into the SIP for maintaining the 2008 8-hour ozone NAAQS in the York County Area through 2026. The maintenance plan establishes NOX and VOC MVEBs for 2014 and 2026 for the York County Area and includes contingency measures to remedy any future violations of the 2008 8-hour ozone NAAQS and procedures for evaluation of potential violations. The MVEBs, in kilograms per day (kg/day) for the South Carolina portion of the bi-state Charlotte Area along with the allocations from the safety margin, are provided in the table below.\1\ --------------------------------------------------------------------------- \1\ South Carolina has chosen to allocate a portion of the available safety margin to the NOX and VOC MVEBs for 2026. SC DEHC has allocated 7.63 tons per day (tpd) (6,922 kg/day) to the 2026 NOX MVEB and 1.52 tpd (1,379 kg/day) to the 2026 VOC MVEB. York County Area MVEBs [kg/day] ---------------------------------------------------------------------------------------------------------------- 2014 2026 --------------------------------------------------------------- NOX VOC NOX VOC ---------------------------------------------------------------------------------------------------------------- Base Emissions.................................. 9,112 3,566 3,076 1,576 Safety Margin Allocated to MVEB................. .............. .............. 6,922 1,379 Conformity MVEB................................. 9,112 3,566 9,998 2,955 ---------------------------------------------------------------------------------------------------------------- III. Final Actions EPA is taking three separate final actions regarding the York County Area's redesignation to attainment and maintenance of the 2008 8-hour ozone NAAQS. First, EPA is determining that the bi-state Charlotte Area is continuing to attain the 2008 8-hour ozone NAAQS. Second, EPA is approving and incorporating the maintenance plan for the York County Area, including the NOX and VOC MVEBs for 2014 and 2026, into the South Carolina SIP. The maintenance plan demonstrates that the Area will continue to maintain the 2008 8-hour ozone NAAQS, and the budgets meet all of the adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Third, EPA is determining that South Carolina has met the criteria under CAA section 107(d)(3)(E) for the York County Area for redesignation from nonattainment to attainment for the 2008 8-hour ozone NAAQS. On this basis, EPA is approving South Carolina's redesignation request for the 2008 8-hour ozone NAAQS for the York County Area. As mentioned above, approval of the redesignation request changes the official designation of York County in the South Carolina portion of the bi-state Charlotte Area for the 2008 8-hour ozone NAAQS from nonattainment to attainment, as found at 40 CFR part 81. EPA is also notifying the public that EPA finds the newly- established NOX and VOC MVEBs for the York County Area adequate for the purpose of transportation conformity. Within 24 months from this final rule, the transportation partners will need to demonstrate conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 93.104(e)(3). IV. Statutory and Executive Order Reviews Under the Clean Air Act (CAA or Act), redesignation of an area to attainment and the accompanying approval of the maintenance plan under CAA section 107(d)(3)(E) are actions that affect the status of geographical area and do not impose any additional regulatory requirements on sources beyond those required by state law. A redesignation to attainment does not in and of itself impose any new requirements, but rather results in the application of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 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, these actions merely approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state or Federal law. For these reasons, these actions: [[Page 76867]]Are not significant regulatory actions 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); do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); are certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); are not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and will not have disproportionate human health or environmental effects 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, because no tribal lands are located within the South Carolina portion of the Area, this action is not approving any specific state requirement into the SIP that would apply to Tribal lands. Therefore, EPA has determined that this rule does not have substantial direct effects on an Indian Tribe. EPA notes today's 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 February 9, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Air pollution control. Dated: November 25, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR parts 52 and 81 are 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 a new entry for ``2008 8- hour ozone Maintenance Plan for the York County, South Carolina portion of the bi-state Charlotte Area'' at the end of the table to read as follows: Sec. 52.2120 Identification of plan. * * * * * (e) * * * EPA-Approved South Carolina Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State effective Provision date EPA Approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2008 8-hour ozone Maintenance Plan for 4/17/2015 12/11/2015 [Insert .......................... the York County, South Carolina citation of publication]. portion of the bi-state Charlotte Area. ---------------------------------------------------------------------------------------------------------------- PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 4. In Sec. 81.341, the table entitled ``South Carolina-2008 8-Hour Ozone NAAQS (Primary and secondary)'' is amended by revising the entries for ``Charlotte-Rock Hill, NC-SC'', ``York County (part)'' and ``Portion along MPO lines'' to read as follows: Sec. 81.341 South Carolina. * * * * * [[Page 76868]] South Carolina--2008 8-Hour Ozone NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation Classification Designated area ------------------------------------------------------------------------------- Date \1\ Type Date \1\ Type ---------------------------------------------------------------------------------------------------------------- Charlotte-Rock Hill, NC-SC: \2\. This action is Attainment........ effective 12/11/ 2015. York County (part) Portion along MPO lines. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ This date is July 20, 2012, unless otherwise noted. \2\ Excludes Indian country located in each area, unless otherwise noted. \3\ Includes Indian country of the tribe listed in this table located in the identified area. Information pertaining to areas of Indian country in this table is intended for CAA planning purposes only and is not an EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to establish Indian country land status, and is making no determination of Indian country boundaries, in this table. \4\ Includes any Indian country in each county or area, unless otherwise specified. * * * * * [FR Doc. 2015-30920 Filed 12-10-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations 76865
appropriate, disproportionate human Dated: November 23, 2015. Area is continuing to attain the 2008 8-
health or environmental effects, using Susan Hedman, hour ozone NAAQS; approves and
practicable and legally permissible Regional Administrator, Region 5. incorporates South Carolina’s plan for
methods, under Executive Order 12898 maintaining attainment of the 2008 8-
40 CFR part 52 is amended as follows:
(59 FR 7629, February 16, 1994). hour ozone standard in the York County
In addition, the SIP is not approved PART 52—APPROVAL AND Area, including the 2014 and 2026
to apply on any Indian reservation land PROMULGATION OF motor vehicle emission budgets
or in any other area where EPA or an IMPLEMENTATION PLANS (MVEBs) for nitrogen oxides (NOX) and
Indian tribe has demonstrated that a volatile organic compounds (VOC) for
tribe has jurisdiction. In those areas of ■ 1. The authority citation for part 52 the York County Area, into the SIP; and
Indian country, the rule does not have continues to read as follows: redesignates the York County Area to
tribal implications and will not impose attainment for the 2008 8-hour ozone
Authority: 42 U.S.C. 7401 et seq.
substantial direct costs on tribal NAAQS. Additionally, EPA finds the
governments or preempt tribal law as ■ 2. Section 52.1237 is amended by 2014 and 2026 MVEBs for the York
specified by Executive Order 13175 (65 adding paragraph (f) to read as follows: County Area adequate for the purposes
FR 67249, November 9, 2000). of transportation conformity.
The Congressional Review Act, 5 § 52.1237 Control strategy: Carbon
monoxide. DATES: This rule will be effective
U.S.C. 801 et seq., as added by the Small January 11, 2016.
Business Regulatory Enforcement * * * * *
(f) Approval—On July 16, 2015, the ADDRESSES: EPA has established a
Fairness Act of 1996, generally provides
State of Minnesota submitted a revision docket for this action under Docket
that before a rule may take effect, the
to their Particulate Matter State Identification No. EPA–R04–OAR–
agency promulgating the rule must
Implementation Plan. The submittal 2015–0298. All documents in the docket
submit a rule report, which includes a
establishes transportation conformity are listed on the www.regulations.gov
copy of the rule, to each House of the
criteria and procedures related to Web site. Although listed in the index,
Congress and to the Comptroller General
interagency consultation, and the some information may not be publicly
of the United States. EPA will submit a
report containing this action and other enforceability of certain transportation available, i.e., Confidential Business
required information to the U.S. Senate, related control and mitigation measures. Information or other information whose
the U.S. House of Representatives, and disclosure is restricted by statute.
[FR Doc. 2015–31075 Filed 12–10–15; 8:45 am]
the Comptroller General of the United Certain other material, such as
BILLING CODE 6560–50–P
States prior to publication of the rule in copyrighted material, is not placed on
the Federal Register. A major rule the Internet and will be publicly
cannot take effect until 60 days after it available only in hard copy form.
ENVIRONMENTAL PROTECTION
is published in the Federal Register. Publicly available docket materials are
AGENCY
This action is not a ‘‘major rule’’ as available either electronically through
defined by 5 U.S.C. 804(2). 40 CFR Parts 52 and 81 www.regulations.gov or in hard copy at
Under section 307(b)(1) of the Act, the Air Regulatory Management Section,
[EPA–R04–OAR–2015–0298; FRL–9939–66– Air Planning and Implementation
petitions for judicial review of this
Region 4] Branch, Air, Pesticides and Toxics
action must be filed in the United States
Court of Appeals for the appropriate Management Division, U.S.
Air Plan Approval and Air Quality
circuit by February 9, 2016. Filing a Environmental Protection Agency,
Designation; SC; Redesignation of the
petition for reconsideration by the Region 4, 61 Forsyth Street SW.,
Charlotte-Rock Hill, 2008 8-Hour Ozone
Administrator of this final rule does not Atlanta, Georgia 30303–8960. EPA
Nonattainment Area to Attainment
affect the finality of this action for the requests that if at all possible, you
purposes of judicial review nor does it AGENCY: Environmental Protection contact the person listed in the FOR
extend the time within which a petition Agency (EPA). FURTHER INFORMATION CONTACT section to
for judicial review may be filed, and ACTION: Final rule. schedule your inspection. The Regional
shall not postpone the effectiveness of Office’s official hours of business are
such rule or action. Parties with SUMMARY: The Environmental Protection Monday through Friday, 8:30 a.m. to
objections to this direct final rule are Agency (EPA) is taking three separate 4:30 p.m., excluding Federal holidays.
encouraged to file a comment in final actions related to a state FOR FURTHER INFORMATION CONTACT:
response to the parallel notice of implementation plan (SIP) revision Kelly Sheckler of the Air Regulatory
proposed rulemaking for this action submitted by the State of South Management Section, Air Planning and
published in the proposed rules section Carolina, through the South Carolina Implementation Branch, Air, Pesticides
of today’s Federal Register, rather than Department of Health and and Toxics Management Division, U.S.
file an immediate petition for judicial Environmental Control (SC DHEC), on Environmental Protection Agency,
review of this direct final rule, so that April 17, 2015. These final actions are Region 4, 61 Forsyth Street SW.,
EPA can withdraw this direct final rule for the York County, South Carolina Atlanta, Georgia 30303–8960. Mrs.
and address the comment in the portion of the bi-state Charlotte-Rock Sheckler may be reached by phone at
proposed rulemaking. This action may Hill, North Carolina-South Carolina (404) 562–9992 or via electronic mail at
not be challenged later in proceedings to 2008 8-hour ozone national ambient air sheckler.kelly@epa.gov.
enforce its requirements. (See section quality standards (NAAQS) SUPPLEMENTARY INFORMATION:
307(b)(2).) nonattainment area (the entire area is
tkelley on DSK9F6TC42PROD with RULES
hereinafter referred to as the ‘‘bi-State I. Background for Final Actions
List of Subjects in 40 CFR Part 52 Charlotte Area’’ or ‘‘Area’’ and the On May 21, 2012 (77 FR 30088), EPA
Environmental protection, Air South Carolina portion is hereinafter designated areas as unclassifiable/
pollution control, Carbon monoxide, referred to as the ‘‘York County Area’’). attainment or nonattainment for the
Incorporation by reference, In these three final actions, EPA 2008 8-hour ozone NAAQS that was
Intergovernmental relations. determines that the bi-state Charlotte promulgated on March 27, 2008 (73 FR
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![76866 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations
16436). The bi-state Charlotte Area was including the 2014 and 2026 MVEBs for II. What are the effects of these actions?
designated as nonattainment for the NOX and VOC for the York County Area.
2008 8-hour ozone NAAQS and In a notice of proposed rulemaking Approval of South Carolina’s
classified as a marginal nonattainment (NPR) published on October 14, 2015, redesignation request changes the legal
area. The bi-state Charlotte Area EPA proposed to determine that the bi- designation of York County in the South
consists of York County, South Carolina, state Charlotte Area is continuing to Carolina portion of the bi-state Charlotte
within the Rock Hill Fort Hill Area attain the 2008 8-hour ozone NAAQS; to Area, found at 40 CFR 81.341, from
Transportation Study (RFATS) approve and incorporate into the South nonattainment to attainment for the
Metropolitan Planning Organization Carolina SIP the State’s plan for 2008 8-hour ozone NAAQS. Approval of
(MPO); Mecklenburg County, North maintaining attainment of the 2008 8- South Carolina’s associated SIP revision
Carolina; and portions of Cabarrus, hour ozone standard in the Area, also incorporates a plan into the SIP for
Gaston, Iredell, Lincoln, Rowan and including the 2014 and 2026 MVEBs for maintaining the 2008 8-hour ozone
Union Counties in North Carolina. EPA NOX and VOC for the South Carolina NAAQS in the York County Area
previously addressed North Carolina’s potion of the bi-state Charlotte Area; through 2026. The maintenance plan
request to redesignate the North and to redesignate the South Carolina establishes NOX and VOC MVEBs for
Carolina portion of the Area and its portion of the Area to attainment for the 2014 and 2026 for the York County Area
maintenance plan for the 2008 8-hour 2008 8-hour ozone NAAQS. See 80 FR and includes contingency measures to
ozone NAAQS in a separate rulemaking. 61775. In that notice, EPA also notified
remedy any future violations of the 2008
See 80 FR 44873 (July 28, 2015). the public of the status of the Agency’s
8-hour ozone NAAQS and procedures
On April 17, 2015, SC DHEC adequacy determination for the NOX
requested that EPA redesignate the and VOC MVEBs for the South Carolina for evaluation of potential violations.
South Carolina portion of the Area to portion of the bi-state Charlotte Area. The MVEBs, in kilograms per day (kg/
attainment for the 2008 8-hour ozone No comments were received. The details day) for the South Carolina portion of
NAAQS and submitted a SIP revision of South Carolina’s submittal and the the bi-state Charlotte Area along with
containing the State’s plan for rationale for EPA’s actions are further the allocations from the safety margin,
maintaining attainment of the 2008 8- explained in the NPR. See 80 FR 61775 are provided in the table below.1
hour ozone standard in the Area, (October 14, 2015).
YORK COUNTY AREA MVEBS
[kg/day]
2014 2026
NOX VOC NOX VOC
Base Emissions ............................................................................................... 9,112 3,566 3,076 1,576
Safety Margin Allocated to MVEB ................................................................... ........................ ........................ 6,922 1,379
Conformity MVEB ............................................................................................ 9,112 3,566 9,998 2,955
III. Final Actions Carolina’s redesignation request for the approval of the maintenance plan under
EPA is taking three separate final 2008 8-hour ozone NAAQS for the York CAA section 107(d)(3)(E) are actions
actions regarding the York County County Area. As mentioned above, that affect the status of geographical area
Area’s redesignation to attainment and approval of the redesignation request and do not impose any additional
maintenance of the 2008 8-hour ozone changes the official designation of York regulatory requirements on sources
NAAQS. First, EPA is determining that County in the South Carolina portion of beyond those required by state law. A
the bi-state Charlotte Area is continuing the bi-state Charlotte Area for the 2008 redesignation to attainment does not in
to attain the 2008 8-hour ozone NAAQS. 8-hour ozone NAAQS from and of itself impose any new
Second, EPA is approving and nonattainment to attainment, as found requirements, but rather results in the
incorporating the maintenance plan for at 40 CFR part 81. application of requirements contained
the York County Area, including the EPA is also notifying the public that in the CAA for areas that have been
NOX and VOC MVEBs for 2014 and EPA finds the newly-established NOX redesignated to attainment. Moreover,
2026, into the South Carolina SIP. The and VOC MVEBs for the York County the Administrator is required to approve
maintenance plan demonstrates that the Area adequate for the purpose of a SIP submission that complies with the
Area will continue to maintain the 2008 transportation conformity. Within 24 provisions of the Act and applicable
8-hour ozone NAAQS, and the budgets months from this final rule, the Federal regulations. See 42 U.S.C.
meet all of the adequacy criteria transportation partners will need to 7410(k); 40 CFR 52.02(a). Thus, in
contained in 40 CFR 93.118(e)(4) and demonstrate conformity to the new NOX reviewing SIP submissions, EPA’s role
(5). and VOC MVEBs pursuant to 40 CFR is to approve state choices, provided
Third, EPA is determining that South 93.104(e)(3). that they meet the criteria of the CAA.
Carolina has met the criteria under CAA IV. Statutory and Executive Order Accordingly, these actions merely
section 107(d)(3)(E) for the York County Reviews approve state law as meeting Federal
Area for redesignation from requirements and do not impose
tkelley on DSK9F6TC42PROD with RULES
nonattainment to attainment for the Under the Clean Air Act (CAA or additional requirements beyond those
2008 8-hour ozone NAAQS. On this Act), redesignation of an area to imposed by state or Federal law. For
basis, EPA is approving South attainment and the accompanying these reasons, these actions:
1 South Carolina has chosen to allocate a portion MVEBs for 2026. SC DEHC has allocated 7.63 tons per day (tpd) (6,922 kg/day) to the 2026 NOX MVEB
of the available safety margin to the NOX and VOC and 1.52 tpd (1,379 kg/day) to the 2026 VOC MVEB.
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![Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations 76867
• Are not significant regulatory Catawba Indian Claims Settlement Act, extend the time within which a petition
actions subject to review by the Office S.C. Code Ann. 27–16–120, ‘‘all state for judicial review may be filed, and
of Management and Budget under and local environmental laws and shall not postpone the effectiveness of
Executive Orders 12866 (58 FR 51735, regulations apply to the [Catawba Indian such rule or action. This action may not
October 4, 1993) and 13563 (76 FR 3821, Nation] and Reservation and are fully be challenged later in proceedings to
January 21, 2011); enforceable by all relevant state and enforce its requirements. See section
• do not impose an information local agencies and authorities.’’ 307(b)(2).
collection burden under the provisions However, because no tribal lands are
of the Paperwork Reduction Act (44 located within the South Carolina List of Subjects
U.S.C. 3501 et seq.); portion of the Area, this action is not 40 CFR Part 52
• are certified as not having a approving any specific state
significant economic impact on a requirement into the SIP that would Environmental protection, Air
substantial number of small entities apply to Tribal lands. Therefore, EPA pollution control, Incorporation by
under the Regulatory Flexibility Act (5 has determined that this rule does not reference, Intergovernmental relations,
U.S.C. 601 et seq.); have substantial direct effects on an Nitrogen dioxide, Ozone, Reporting and
• do not contain any unfunded Indian Tribe. EPA notes today’s action recordkeeping requirements, Volatile
mandate or significantly or uniquely will not impose substantial direct costs organic compounds.
affect small governments, as described on Tribal governments or preempt 40 CFR Part 81
in the Unfunded Mandates Reform Act Tribal law.
of 1995 (Pub. L. 104–4); The Congressional Review Act, 5 Environmental protection, Air
• do not have Federalism U.S.C. 801 et seq., as added by the Small pollution control.
implications as specified in Executive Business Regulatory Enforcement Dated: November 25, 2015.
Order 13132 (64 FR 43255, August 10, Fairness Act of 1996, generally provides Heather McTeer Toney,
1999); that before a rule may take effect, the Regional Administrator, Region 4.
• are not economically significant agency promulgating the rule must
regulatory actions based on health or submit a rule report, which includes a 40 CFR parts 52 and 81 are amended
safety risks subject to Executive Order copy of the rule, to each House of the as follows:
13045 (62 FR 19885, April 23, 1997); Congress and to the Comptroller General
• are not significant regulatory of the United States. EPA will submit a PART 52—APPROVAL AND
actions subject to Executive Order report containing this action and other PROMULGATION OF
13211 (66 FR 28355, May 22, 2001); required information to the U.S. Senate, IMPLEMENTATION PLANS
• are not subject to requirements of the U.S. House of Representatives, and
Section 12(d) of the National the Comptroller General of the United ■ 1. The authority citation for part 52
Technology Transfer and Advancement States prior to publication of the rule in continues to read as follows:
Act of 1995 (15 U.S.C. 272 note) because the Federal Register. A major rule Authority: 42 U.S.C. 7401 et seq.
application of those requirements would cannot take effect until 60 days after it
be inconsistent with the CAA; and is published in the Federal Register. Subpart PP—South Carolina
• will not have disproportionate This action is not a ‘‘major rule’’ as
human health or environmental effects defined by 5 U.S.C. 804(2). ■ 2. Section 52.2120(e) is amended by
under Executive Order 12898 (59 FR Under section 307(b)(1) of the CAA, adding a new entry for ‘‘2008 8-hour
7629, February 16, 1994). petitions for judicial review of this ozone Maintenance Plan for the York
In addition, this action for the state of action must be filed in the United States County, South Carolina portion of the
South Carolina does not have Tribal Court of Appeals for the appropriate bi-state Charlotte Area’’ at the end of the
implications as specified by Executive circuit by February 9, 2016. Filing a table to read as follows:
Order 13175 (65 FR 67249, November 9, petition for reconsideration by the
2000). The Catawba Indian Nation Administrator of this final rule does not § 52.2120 Identification of plan.
Reservation is located within the State affect the finality of this action for the * * * * *
of South Carolina. Pursuant to the purposes of judicial review nor does it (e) * * *
EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS
State effective
Provision EPA Approval date Explanation
date
* * * * * * *
2008 8-hour ozone Maintenance Plan for 4/17/2015 12/11/2015 [Insert citation of publication]
the York County, South Carolina por-
tion of the bi-state Charlotte Area.
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. ‘‘Charlotte-Rock Hill, NC–SC’’, ‘‘York
FOR AIR QUALITY PLANNING County (part)’’ and ‘‘Portion along MPO
■ 4. In § 81.341, the table entitled lines’’ to read as follows:
tkelley on DSK9F6TC42PROD with RULES
PURPOSES
‘‘South Carolina-2008 8-Hour Ozone
■ 3. The authority citation for part 81 NAAQS (Primary and secondary)’’ is § 81.341 South Carolina.
continues to read as follows: amended by revising the entries for * * * * *
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![76868 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations
SOUTH CAROLINA—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation Classification
Designated area
Date 1 Type Date 1 Type
Charlotte-Rock Hill, NC– This action is effective 12/ Attainment.
SC: 2. 11/2015.
York County (part)
Portion along MPO
lines.
* * * * * * *
1 Thisdate is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
3 IncludesIndian country of the tribe listed in this table located in the identified area. Information pertaining to areas of Indian country in this
table is intended for CAA planning purposes only and is not an EPA determination of Indian country status or any Indian country boundary. EPA
lacks the authority to establish Indian country land status, and is making no determination of Indian country boundaries, in this table.
4 Includes any Indian country in each county or area, unless otherwise specified.
* * * * * I. Background We adopted the standard at
[FR Doc. 2015–30920 Filed 12–10–15; 8:45 am]
Following the publication of Federal § 170.210(e) as revised to include the
BILLING CODE 6560–50–P
Register document 2015–25597 of auditing of changes to user privileges in
October 16, 2015 (80 FR 62602), final paragraph (e)(1)(i). The adopted 2015
rule entitled ‘‘2015 Edition Health Edition ‘‘audit report(s)’’ certification
DEPARTMENT OF HEALTH AND Information Technology (Health IT) criterion references this standard.
HUMAN SERVICES Certification Criteria, 2015 Edition Base Therefore, it is a ‘‘revised’’ certification
Electronic Health Record (EHR) criterion as compared to the 2014
Office of the Secretary Edition ‘‘audit report(s)’’ certification
Definition, and ONC Health IT
criterion and ineligible for gap
Certification Program Modifications’’
45 CFR Part 170 certification.
(hereinafter referred to as the 2015
RIN 0991–AB93 Edition final rule), we identified a 2. ‘‘Integrity’’ Certification Criterion
number of errors in the final rule. We On page 62657, third column, third
2015 Edition Health Information summarize and correct these errors in
Technology (Health IT) Certification paragraph, the last sentence incorrectly
the ‘‘Summary of Errors’’ and references SHA–1. The commenters’
Criteria, 2015 Edition Base Electronic ‘‘Corrections of Errors’’ sections below. statements were specific to SHA–2.
Health Record (EHR) Definition, and We also clarify requirements of the
ONC Health IT Certification Program Common Clinical Data Set (CCDS), the 3. ‘‘Accounting of Disclosures’’
Modifications; Corrections and privacy and security certification Certification Criterion
Clarifications framework, and the mandatory On page 62658, first column, mid-
AGENCY: Office of the National disclosures for health IT developers in page, within the 2015 Edition
Coordinator for Health Information the ‘‘Clarifications’’ section below. ‘‘accounting of disclosures’’ certification
Technology (ONC), Department of II. Summary of Errors criterion table, we inadvertently
Health and Human Services (HHS). referenced the criterion as codified in 45
A. Preamble Errors CFR 170.315(d)(10), when in fact it was
ACTION: Final rule; corrections and
1. ‘‘Audit Report(s)’’ Certification codified in 45 CFR 170.315(d)(11). We
clarifications.
Criterion note that the 2015 Edition ‘‘auditing
SUMMARY: This document corrects errors actions on health information’’
and clarifies provisions of the final rule We incorrectly identified the adopted certification criterion was codified in 45
entitled ‘‘2015 Edition Health 2015 Edition ‘‘audit report(s)’’ CFR 170.315(d)(10).
Information Technology (Health IT) certification criterion throughout the
preamble as ‘‘unchanged’’ and eligible 4. ‘‘Transmission to Public Health
Certification Criteria, 2015 Edition Base Agencies—Antimicrobial Use and
Electronic Health Record (EHR) for gap certification. More specifically,
we identified it incorrectly: Resistance Reporting’’ Certification
Definition, and ONC Health IT Criterion
Certification Program Modifications.’’ a. On page 62609, under Table 2
(‘‘2015 Edition Health IT Certification On page 62668, third column, lines 2
DATES: This correction is effective
Criteria’’), as an unchanged criterion and 3, there was a parenthetical error
January 14, 2016. The final rule compared to the 2014 Edition and gap stating that we adopted the
appeared in the Federal Register on certification eligible. ‘‘transmission to public health
October 16, 2015 (80 FR 62602), and is b. On page 62656, second column, in agencies—antimicrobial use and
effective on January 14, 2016, except for the ‘‘Response’’ under ‘‘Audit resistance reporting’’ certification
§ 170.523(m) and (n), which are Report(s),’’ as adopted as proposed (i.e., criterion as proposed (with both
tkelley on DSK9F6TC42PROD with RULES
effective on April 1, 2016. ‘‘unchanged’’). Volumes 1 and 2 of the HAI IG). The
FOR FURTHER INFORMATION CONTACT: c. On page 62681, under Table 6 parenthetical is corrected to not
Michael Lipinski, Office of Policy, (‘‘Gap Certification Eligibility for 2015 reference volumes of the HL 7
National Coordinator for Health Edition Health IT Certification Implementation Guide for CDA®
Information Technology, 202–690–7151. Criteria’’), as eligible for gap Release 2—Level 3: Healthcare
SUPPLEMENTARY INFORMATION: certification. Associated Infection Reports, Release 1
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Document Created: 2018-03-02 09:12:42
Document Modified: 2018-03-02 09:12:42
| 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 January 11, 2016. | |
| Contact | Kelly Sheckler of 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. Mrs. Sheckler may be reached by phone at (404) 562-9992 or via electronic mail at [email protected] | |
| FR Citation | 80 FR 76865 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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