81 FR 57509 - Air Plan Approval; SC; Infrastructure Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 163 (August 23, 2016)
Federal Register Volume 81, Issue 163 (August 23, 2016)
| Page Range | 57509-57519 | |
| FR Document | 2016-20141 |
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)] [Proposed Rules] [Pages 57509-57519] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20141] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0429; FRL-9951-16-Region 4] Air Plan Approval; SC; Infrastructure Requirements for the 2012 PM2.5 National Ambient Air Quality Standard AGENCY: Environmental Protection Agency. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), on December 18, 2015, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 Annual Fine Particulate Matter (PM2.5 ) national ambient air quality standard (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 2012 Annual [[Page 57510]] PM2.5 NAAQS is implemented, enforced, and maintained in South Carolina. EPA is proposing to determine that portions of South Carolina's infrastructure submission, submitted to EPA on December 18, 2015, satisfy certain required infrastructure elements for the 2012 Annual PM2.5 NAAQS. DATES: Written comments must be received on or before September 22, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2014-0429 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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. Ms. Bell can be reached via electronic mail at [email protected] or via telephone at (404) 562-9088. I. Background and Overview On December 14, 2012 (78 FR 3086, January 15, 2013), EPA promulgated a revised primary annual PM2.5 NAAQS. The standard was strengthened from 15.0 micrograms per cubic meter ([mu]g/ m\3\) to 12.0 [mu]g/m\3\. Pursuant to section 110(a)(1) of the CAA, States are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2012 Annual PM2.5 NAAQS to EPA no later than December 14, 2015.\1\ --------------------------------------------------------------------------- \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, the term ``South Carolina Air Pollution Control Regulation'' or ``Regulation'' indicates that the cited regulation has been approved into South Carolina's federally-approved SIP. The term ``South Carolina statute'' indicates cited South Carolina state statutes, which are not a part of the SIP unless otherwise indicated. --------------------------------------------------------------------------- This rulemaking is proposing to approve portions of South Carolina's PM2.5 infrastructure SIP submissions \2\ for the applicable requirements of the 2012 Annual PM2.5 NAAQS, with the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), for which EPA is not proposing any action in this rulemaking regarding these requirements. For the aspects of South Carolina's submittal proposed for approval in this rulemaking, EPA notes that the Agency is not approving any specific rule, but rather proposing that South Carolina's already approved SIP meets certain CAA requirements. --------------------------------------------------------------------------- \2\ South Carolina's 2012 Annual PM2.5 NAAQS infrastructure SIP submission dated December 18, 2015, is referred to as ``South Carolina's PM2.5 infrastructure SIP'' in this action. --------------------------------------------------------------------------- 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. More specifically, section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists specific elements that states must meet for the ``infrastructure'' SIP requirements related to a newly established or revised NAAQS. As mentioned previously, these requirements include basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. The requirements that are the subject of this proposed rulemaking are summarized later on and in EPA's September 13, 2013, memorandum entitled ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2).'' \3\ --------------------------------------------------------------------------- \3\ 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. This proposed rulemaking does not address infrastructure elements related to section 110(a)(2)(I) or the nonattainment planning requirements of 110(a)(2)(C). ---------------------------------------------------------------------------110(a)(2)(A): Emission Limits and Other Control Measures 110(a)(2)(B): Ambient Air Quality Monitoring/Data System 110(a)(2)(C): Programs for Enforcement of Control Measures and for Construction or Modification of Stationary Sources \4\ --------------------------------------------------------------------------- \4\ This rulemaking only addresses requirements for this element as they relate to attainment areas. --------------------------------------------------------------------------- 110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport 110(a)(2)(D)(ii): Interstate Pollution Abatement and International Air Pollution 110(a)(2)(E): Adequate Resources and Authority, Conflict of Interest, and Oversight of Local Governments and Regional Agencies 110(a)(2)(F): Stationary Source Monitoring and Reporting 110(a)(2)(G): Emergency Powers 110(a)(2)(H): SIP Revisions 110(a)(2)(I): Plan Revisions for Nonattainment Areas \5\ --------------------------------------------------------------------------- \5\ As mentioned previously, this element is not relevant to this proposed rulemaking. --------------------------------------------------------------------------- 110(a)(2)(J): Consultation with Government Officials, Public Notification, and Prevention of Significant Deterioration (PSD) and Visibility Protection 110(a)(2)(K): Air Quality Modeling and Submission of Modeling Data 110(a)(2)(L): Permitting fees 110(a)(2)(M): Consultation and Participation by Affected Local Entities [[Page 57511]] 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 2012 Annual PM 2.5 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 (NNSR) 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.\6\ 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. --------------------------------------------------------------------------- \6\ 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. --------------------------------------------------------------------------- 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.\7\ 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.\8\ 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. --------------------------------------------------------------------------- \7\ 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)). \8\ 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. --------------------------------------------------------------------------- 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.\9\ Similarly, EPA interprets the CAA to 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.\10\ --------------------------------------------------------------------------- \9\ 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). \10\ 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. --------------------------------------------------------------------------- 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 [[Page 57512]] 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.\11\ --------------------------------------------------------------------------- \11\ For example, implementation of the 1997 fine particulate matter (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. --------------------------------------------------------------------------- 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.\12\ EPA most recently issued guidance for infrastructure SIPs on September 13, 2013 (2013 Guidance).\13\ EPA developed this document to provide states with up-to-date guidance for infrastructure SIPs for any new or revised NAAQS. 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.\14\ 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. --------------------------------------------------------------------------- \12\ 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. \13\ ``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. \14\ EPA's September 13, 2013, guidance did not make recommendations with respect to infrastructure SIP submissions to address section 110(a)(2)(D)(i)(I). EPA issued the guidance shortly after the U.S. Supreme Court agreed to review the D.C. Circuit decision in EME Homer City, 696 F.3d7 (D.C. Cir. 2012) which had interpreted the requirements of section 110(a)(2)(D)(i)(I). In light of the uncertainty created by ongoing litigation, EPA elected not to provide additional guidance on the requirements of section 110(a)(2)(D)(i)(I) at that time. As the guidance is neither binding nor required by statute, whether EPA elects to provide guidance on a particular section has no impact on a state's CAA obligations. On March 17, 2016, EPA released a memorandum titled, ``Information on the Interstate Transport `Good Neighbor' Provision for the 2012 Fine Particulate Matter National Ambient Air Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I)'' to provide guidance to states for interstate transport requirements specific to the PM2.5 NAAQS. --------------------------------------------------------------------------- As an example, section 110(a)(2)(E)(ii) is a required element of section 110(a)(2) for infrastructure SIP submissions. Under this element, a state must meet the substantive requirements of section 128, which pertain to state boards that approve permits or enforcement orders and heads of executive agencies with similar powers. Thus, EPA reviews infrastructure SIP submissions to ensure that the state's implementation plan appropriately addresses the requirements of section 110(a)(2)(E)(ii) and section 128. The 2013 Guidance explains EPA's interpretation that there may be a variety of ways by which states can appropriately address these substantive statutory requirements, depending on the structure of an individual state's permitting or enforcement program (e.g., whether permits and enforcement orders are approved by a multi-member board or by a head of an executive agency). However they are addressed by the state, the substantive requirements of section 128 are necessarily included in EPA's evaluation of infrastructure SIP submissions because section 110(a)(2)(E)(ii) explicitly requires that the state satisfy the provisions of section 128. As another example, EPA's review of infrastructure SIP submissions with respect to the PSD program requirements in sections 110(a)(2)(C), (D)(i)(II), and (J) focuses upon the structural PSD program requirements contained in part C and EPA's PSD regulations. Structural PSD program requirements include provisions necessary for the PSD program to address all regulated sources and new source review (NSR) pollutants, including greenhouse gases (GHGs). By contrast, structural PSD program requirements do not include provisions that are not required under EPA's regulations at 40 CFR 51.166 but are merely available as an option for the state, such as the option to provide grandfathering of complete permit applications with respect to the 2012 Annual PM2.5 NAAQS. Accordingly, the latter optional provisions are types of provisions EPA considers irrelevant in the context of an infrastructure SIP action. For other section 110(a)(2) elements, however, EPA's review of a state's infrastructure SIP submission focuses on assuring that the state's implementation plan meets basic structural requirements. For example, section 110(a)(2)(C) includes, among other things, the requirement that states have a program to regulate minor new sources. Thus, EPA evaluates whether the state has an EPA-approved minor NSR program and whether the program addresses the pollutants relevant to that NAAQS. In the context of acting on an [[Page 57513]] infrastructure SIP submission, however, EPA does not think it is necessary to conduct a review of each and every provision of a state's existing minor source program (i.e., already in the existing SIP) for compliance with the requirements of the CAA and EPA's regulations that pertain to such programs. With respect to certain other issues, EPA does not believe that an action on a state's infrastructure SIP submission is necessarily the appropriate type of action in which to address possible deficiencies in a state's existing SIP. These issues include: (i) Existing provisions related to excess emissions from sources during periods of startup, shutdown, or malfunction that may be contrary to the CAA and EPA's policies addressing such excess emissions (``SSM''); (ii) existing provisions related to ``director's variance'' or ``director's discretion'' that may be contrary to the CAA because they purport to allow revisions to SIP-approved emissions limits while limiting public process or not requiring further approval by EPA; and (iii) existing provisions for PSD programs that may be inconsistent with current requirements of EPA's ``Final NSR Improvement Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Thus, EPA believes it may approve an infrastructure SIP submission without scrutinizing the totality of the existing SIP for such potentially deficient provisions and may approve the submission even if it is aware of such existing provisions.\15\ It is important to note that EPA's approval of a state's infrastructure SIP submission should not be construed as explicit or implicit re-approval of any existing potentially deficient provisions that relate to the three specific issues just described. --------------------------------------------------------------------------- \15\ By contrast, EPA notes that if a state were to include a new provision in an infrastructure SIP submission that contained a legal deficiency, such as a new exemption for excess emissions during SSM events, then EPA would need to evaluate that provision for compliance against the rubric of applicable CAA requirements in the context of the action on the infrastructure SIP. --------------------------------------------------------------------------- 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. For example, EPA's 2013 Guidance gives simpler recommendations with respect to carbon monoxide than other NAAQS pollutants to meet the visibility requirements of section 110(a)(2)(D)(i)(II), because carbon monoxide does not affect visibility. As a result, an infrastructure SIP submission for any future new or revised NAAQS for carbon monoxide need only state this fact in order to address the visibility prong of section 110(a)(2)(D)(i)(II). 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 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 implementation plan is substantially inadequate to attain or maintain the NAAQS, to mitigate interstate transport, or to otherwise comply with the CAA.\16\ Section 110(k)(6) authorizes EPA to correct errors in past actions, such as past approvals of SIP submissions.\17\ 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.\18\ --------------------------------------------------------------------------- \16\ 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). \17\ 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). \18\ 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). --------------------------------------------------------------------------- IV. What is EPA's analysis of how South Carolina addressed the elements of the sections 110(a)(1) and (2) ``infrastructure'' provisions? South Carolina's December 18, 2015, infrastructure SIP submission addresses the provisions of sections 110(a)(1) and (2) as described later in this preamble. 1. 110(a)(2)(A): Emission Limits and Other Control Measures: Section 110(a)(2)(A) requires that each implementation plan include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements. Several regulations within South Carolina's SIP are relevant to air quality control regulations. The regulations described later have been federally-approved in the South Carolina SIP and include enforceable emission limitations and other control measures. Regulation 61-62.5, Standard No. 2, Ambient Air Quality Standards and Regulation 61-62.1, Definitions and General Requirements, provide enforceable emission limits and other control [[Page 57514]] measures, means, and techniques. Section 48-1-50(23) of the 1976 South Carolina Code of Laws, as amended, (S.C. Code Ann.) provides SC DHEC with the authority to ``Adopt 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.'' Collectively these regulations establish enforceable emissions limitations and other control measures, means or techniques, for activities that contribute to PM2.5 concentrations in the ambient air and provide authority for SC DHEC to establish such limits and measures as well as schedules for compliance to meet the applicable requirements of the CAA. EPA has made the preliminary determination that the provisions contained in these State regulations and State statute are adequate for enforceable emission limitations and other control measures, means, or techniques, as well as schedules and timetables for compliance to satisfy the requirements of Section 110(a)(2(A) for the 2012 Annual PM2.5 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 start up, shut down and malfunction (SSM) 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.\19\ --------------------------------------------------------------------------- \19\ On June 12, 2015, EPA published 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.'' See 80 FR 33840. --------------------------------------------------------------------------- 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: Section 110(a)(2)(B) requires SIPs to provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to: (i) Monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such data available to the Administrator. 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.\20\ On July 20, 2015, South Carolina submitted its plan to EPA. On November 19, 2015, 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-2014-0429. EPA has made the preliminary determination that South Carolina's SIP and practices are adequate for the ambient air quality monitoring and data system requirements related to the 2012 Annual PM2.5 NAAQS. --------------------------------------------------------------------------- \20\ 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) Programs for Enforcement of Control Measures and for Construction or Modification of Stationary Sources: 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). These requirements are met through 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 61- 62.1, Section II, Permit Requirements, of South Carolina's SIP, which pertain to the construction of any new major stationary source or any modification at an existing major stationary source in an area designated as attainment or unclassifiable. These regulations enable SC DHEC to regulate sources contributing to the 2012 Annual PM2.5 NAAQS. Enforcement: SC DHEC's above-described, SIP-approved regulations provide for enforcement of PM2.5 emission limits and control measures through construction permitting for new or modified stationary sources. South Carolina cites to statute 48-1-50(11), which provides SC DHEC the authority to administer penalties for violations of any order, permit, regulation or standards; and 48-1-50(10), which authorizes SCDHEC to require and approve construction plans for sources and inspect the construction thereof for compliance with the approved plan. Additionally, SCDHEC is authorized under 48-1-50(3) and (4) to issue orders requiring the discontinuance of the discharge of air contaminants into the ambient air that create an undesirable level, and seek an injunction to compel compliance with the Pollution Control Act and permits, permit conditions and orders. PSD Permitting for Major Sources: EPA interprets the PSD sub- element to require that a state's infrastructure SIP submission for a particular NAAQS demonstrate that the state has a complete PSD permitting program in place covering the structural PSD requirements for all regulated NSR pollutants. A state's PSD permitting program is complete for this sub-element (and prong 3 of D(i) and J related to PSD) if EPA has already approved or is simultaneously approving the state's implementation plan with respect to all structural PSD requirements that are due under the EPA regulations or the CAA on or before the date of the EPA's proposed action on the infrastructure SIP submission. For the 2012 Annual PM2.5 NAAQS, South Carolina's authority to regulate new and modified sources to assist in the protection of air quality in South Carolina is established in Regulations 61-62.1, Section II, Permit Requirements; 61-62.5, Standard No. 7, Prevention of Significant Deterioration of South Carolina's SIP. These regulations pertain to the construction of any new major stationary source or any modification at an existing major [[Page 57515]] stationary source in an area designated as attainment or unclassifiable. South Carolina also cites to 61-62.5, Standard No. 7.1, Nonattainment New Source Review. South Carolina's infrastructure SIP submission demonstrates that new major sources and major modifications in areas of the State designated attainment or unclassifiable for the specified NAAQS are subject to a federally-approved PSD permitting program meeting all the current structural requirements of part C of title I of the CAA to satisfy the infrastructure SIP PSD elements.\21\ --------------------------------------------------------------------------- \21\ More information concerning how the South Carolina infrastructure SIP submission currently meets applicable requirements for the PSD elements (110(a)(2)(C); (D)(i)(I), prong 3; and (J)) can be found in the technical support document in the docket for this rulemaking. --------------------------------------------------------------------------- Regulation of minor sources and modifications: Section 110(a)(2)(C) also requires the SIP to include provisions that govern the minor source preconstruction program that regulates emissions of the 2012 Annual PM2.5 NAAQS. Regulation 61-62.1, Section II, Permit Requirements governs the preconstruction permitting of minor modifications and construction of minor stationary sources in South Carolina. EPA has made the preliminary determination that South Carolina's SIP and practices are adequate for enforcement of control measures, PSD permitting for major sources, and regulation of minor sources and modifications related to the 2012 Annual PM2.5 NAAQS. 4. 110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport: Section 110(a)(2)(D)(i) has two components: 110(a)(2)(D)(i)(I) and 110(a)(2)(D)(i)(II). Each of these components has 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''). 110(a)(2)(D)(i)(I)--prongs 1 and 2: EPA is not proposing any action in this rulemaking related to the interstate transport provisions pertaining to the contribution to nonattainment or interference with maintenance in other states of section 110(a)(2)(D)(i)(I) (prongs 1 and 2). EPA will consider these requirements in relation to South Carolina's 2012 Annual PM2.5 NAAQS infrastructure submission in a separate rulemaking. 110(a)(2)(D)(i)(II)--prong 3: With regard to section 110(a)(2)(D)(i)(II), the PSD element, referred to as prong 3, this requirement may be met by a state's confirmation in an infrastructure SIP submission that new major sources and major modifications in the state are subject to: A PSD program meeting all the current structural requirements of part C of title I of the CAA, or (if the state contains a nonattainment area that has the potential to impact PSD in another state) a NNSR program. As discussed in more detail previously under section 110(a)(2)(C), South Carolina's SIP contains provisions for the State's PSD program that reflect the required structural PSD requirements to satisfy the requirement of prong 3 and a NNSR program at 61-62.5, Standard No. 7.1, Nonattainment New Source Review. EPA has made the preliminary determination that South Carolina's SIP is adequate for interstate transport for PSD permitting of major sources and major modifications related to the 2012 Annual PM2.5 NAAQS for section 110(a)(2)(D)(i)(II) (prong 3). 110(a)(2)(D)(i)(II)--prong 4: EPA is not proposing any action in this rulemaking related to provisions pertaining to visibility protection in other states of section 110(a)(2)(D)(i)(II) (prong 4) and will consider these requirements in relation to South Carolina's 2012 Annual PM2.5 NAAQS infrastructure submission in a separate rulemaking. 5. 110(a)(2)(D)(ii): Interstate Pollution Abatement and International Air Pollution: Section 110(a)(2)(D)(ii) requires SIPs to include provisions ensuring compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement. 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 South Carolina. Additionally, South Carolina does not have any pending obligation under section 115 and 126 of the CAA. EPA has made the preliminary determination that South Carolina's SIP and practices are adequate for ensuring compliance with the applicable requirements relating to interstate and international pollution abatement for the 2012 Annual PM2.5 NAAQS. 6. 110(a)(2)(E) Adequate Resources and Authority, Conflict of Interest, and Oversight of Local Governments and Regional Agencies: 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) 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 this proposal respecting each requirement of section 110(a)(2)(E) is described in turn later in this preamble. 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 South Carolina's infrastructure SIP submission, provides the SC DHEC's general legal authority to establish a SIP and implement related plans. In particular, S.C. Code Ann. Section 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. Specifically, in Regulation 61-30, Environmental Protection Fees, SC DHEC established fees for sources subject to air 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. For Section 110(a)(2)(E)(iii), the submission states that South Carolina does not rely on localities for specific SIP implementation. The requirements of 110(a)(2)(E)(i) and (iii) are further confirmed when EPA performs a completeness [[Page 57516]] determination for each SIP submittal. This provides additional assurances that each submittal includes information addressing the adequacy of personnel, funding, and legal authority under State law 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. As evidence of the adequacy of SC DHEC's resources with respect to sub-elements (i) and (iii), EPA submitted a letter to South Carolina on April 19, 2016, outlining 105 grant commitments and the current status of these commitments for fiscal year 2015. The letter EPA submitted to South Carolina can be accessed at www.regulations.gov using Docket ID No. EPA-R04-OAR-2014-0429. Annually, states update these grant commitments based on current SIP requirements, air quality planning, and applicable requirements related to the NAAQS. There were no outstanding issues in relation to the SIP for fiscal year 2015, therefore, SC DHEC's grants were finalized and closed out. Section 110(a)(2)(E)(ii) requires that states comply with section 128 of the CAA. Section 128 of the CAA requires that states include provisions in their SIP to address conflicts of interest for state boards or bodies that oversee CAA permits and enforcement orders and disclosure of conflict of interest requirements. Specifically, CAA section 128(a)(1) necessitates that each SIP shall require that at least a majority of any board or body which approves permits or enforcement orders shall be subject to the described public interest service and income restrictions therein. Subsection 128(a)(2) requires that the members of any board or body, or the head of an executive agency with similar power to approve permits or enforcement orders under the CAA, shall also be subject to conflict of interest disclosure requirements. With respect to 110(a)(2)(E)(ii), South Carolina satisfies the requirements of CAA section 128(a)(1) for the South Carolina Board of Health and Environmental Control, which is the ``board or body which approves permits and enforcement orders'' under the CAA 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. EPA has made the preliminary determination that South Carolina has satisfied the requirements of 110(a)(2)(E) for implementation of the 2012 Annual PM2.5 NAAQS. 7. 110(a)(2)(F) Stationary Source Monitoring and Reporting: Section 110(a)(2)(F) requires SIPs to meet applicable requirements addressing (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts of emissions and emissions related data from such sources, and (iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this section, which reports shall be available at reasonable times for public inspection. SC DHEC'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 emission inventories and other emission monitoring and reporting requirements for stationary sources. R. 61-62.1, Section III, Emission Inventory, provides for an emission inventory plan that establishes reporting requirements for various pollutants from permitted facilities on annual or three year cycles, depending on emission levels and nonattainment area status. Further, S.C. Code Ann. Sec. 48-1-22 provides the Department with the necessary authority to ``Require the owner of operator of any source or disposal system to establish and maintain such operational records; make reports; install, use and maintain monitoring equipment or methods; samples and analyze emissions or discharges in accordance with prescribed methods, at locations, intervals, and procedures as the Department shall prescribe; and provide such other information as the Department reasonably may require.'' Finally, R. 61-62.1, Section V, Credible Evidence, specifies that non-reference test data and other information already available and utilized for other purposes may be used to demonstrate compliance or noncompliance with emission standards. 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 , SO2 , ammonia, lead, carbon monoxide, particulate matter, and volatile organic compounds. 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 Annual PM2.5 NAAQS. Accordingly, EPA is proposing to approve South Carolina's infrastructure SIP submission with respect to section 110(a)(2)(F). 8. 110(a)(2)(G) Emergency Powers: This section of the Act requires that states demonstrate authority comparable [[Page 57517]] 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 SC DHEC with the authority to establish emergency regulations to address an imminent peril to public health, or welfare, and authorizes emergency regulations to protect natural resources if any natural resource related agency in the State finds that abnormal or unusual conditions, immediate need, or the State's best interest require such emergency action. EPA has made the preliminary determination that South Carolina's SIP, State laws, and practices are adequate for emergency powers related to the 2012 Annual PM2.5 NAAQS. Accordingly, EPA is proposing to approve South Carolina's infrastructure SIP submission with respect to section 110(a)(2)(G). 9. 110(a)(2)(H) SIP Revisions: Section 110(a)(2)(H), in summary, requires each SIP to provide for revisions of such plan: (i) As may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and (ii) whenever the Administrator finds that the plan is substantially inadequate to attain the NAAQS or to otherwise comply with any additional applicable requirements. SC DHEC is responsible for adopting air quality rules and revising SIPs as needed to attain or maintain the NAAQS in South Carolina. The State 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. 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 2012 Annual PM2.5 NAAQS when necessary. Accordingly, EPA is proposing to approve South Carolina's infrastructure SIP submission with respect to section 110(a)(2)(H). 10. 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 2012 Annual PM2.5 NAAQS with respect to the general requirement in section 110(a)(2)(J) to include a program in the SIP that complies with the applicable consultation requirements of section 121, the public notification requirements of section 127, PSD and visibility protection. EPA's rationale for each sub-element is described later in this preamble. Consultation with government officials (121 consultation): Section 110(a)(2)(J) of the CAA requires states to provide a process for consultation with local governments, designated organizations and Federal Land Managers (FLMs) carrying out NAAQS implementation requirements pursuant to section 121 relative to consultation. Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration, as well as the State's Regional Haze Implementation Plan (which allows for consultation between appropriate state, local, and tribal air pollution control agencies as well as the corresponding FLM), provide for consultation with government officials whose jurisdictions might be affected by SIP development activities. South Carolina has SIP-approved state-wide consultation procedures for the implementation of transportation conformity (see 69 FR 4245). Implementation of transportation conformity as outlined in the consultation procedures requires SC DHEC to consult with federal, state and local transportation and air quality agency officials on the development of motor vehicle emissions budgets. Additionally, S.C. Code Section 48-1-50(8) provides SC DHEC with the necessary authority to ``Cooperate with the governments of the United States or other states or state agencies or organizations, official or unofficial, in respect to pollution control matters or for the formulation of interstate pollution control compacts or agreements.'' EPA has made the preliminary determination that South Carolina's SIP and practices adequately demonstrate consultation with government officials related to the 2012 Annual PM2.5 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. Public notification (127 public notification): Regulation 61-62.3, Air Pollution Episodes, requires that SC DHEC notify the public of any air pollution episode or NAAQS violation. S.C. Code Ann. Sec. 48-1-60 establishes that ``Classification and standards of quality and purity of the environment [are] authorized after notice and hearing.'' Additionally, 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 the opportunity to provide 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 also notes that SC DHEC maintains a Web site that provides the public with notice of the health hazards associated with PM2.5 NAAQS exceedances, measures the public can take to help prevent such exceedances, and the ways in which the public can participate in the regulatory process. See http://www.scdhec.gov/HomeAndEnvironment/Air/MostCommonPollutants/ParticulateMatter/. 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 2012 Annual PM2.5 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. PSD: With regard to the PSD element of section 110(a)(2)(J), this requirement is be met by a state's confirmation in an infrastructure SIP submission that the state has a SIP-approved PSD program meeting all the current structural requirements of part C of title I of the CAA for all NSR regulated pollutants. As discussed in more detail previously under the section discussing 110(a)(2)(C), South Carolina's SIP contains provisions for the State's PSD program that reflect required structural PSD requirements to satisfy the PSD element of section 110(a)(2)(J). EPA has made the preliminary determination [[Page 57518]] that South Carolina's SIP is adequate for PSD permitting of major sources and major modifications for the PSD element of section 110(a)(2)(J). Visibility protection: EPA's 2013 Guidance notes that it does not treat the visibility protection aspects of section 110(a)(2)(J) as applicable for purposes of the infrastructure SIP approval process. SC DHEC referenced its regional haze program as germane to the visibility component of section 110(a)(2)(J). 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, there are no newly applicable visibility protection obligations after the promulgation of a new or revised NAAQS. Thus, EPA has determined that states do not need to address the visibility component of 110(a)(2)(J) in infrastructure SIP submittals so SC DHEC does not need to rely on its regional haze program to fulfill its obligations under section 110(a)(2)(J). As such, EPA has made the preliminary determination that South Carolina's infrastructure SIP submission related to the 2012 Annual PM2.5 NAAQS is approvable for the visibility protection element of section 110(a)(2)(J) and that South Carolina does not need to rely on its regional haze program. 11. 110(a)(2)(K) Air Quality Modeling and Submission of 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 EPA can be made. Regulations 61-62.5, Standard 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, as incorporated into the South Carolina SIP. Also, S.C. Code Ann. Sec. 48-1-50(14) provides SC DHEC with the necessary authority to ``Collect and disseminate information on air and water control.'' Additionally, South Carolina participates in a regional effort to coordinate the development of emissions inventories and conduct regional modeling for several NAAQS, including the 2012 Annual PM2.5 NAAQS, for the southeastern states. Taken as a whole, South Carolina's air quality regulations and 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 modeling, along with analysis of the associated data, related to the 2012 Annual PM2.5 NAAQS. Accordingly, EPA is proposing to approve South Carolina's infrastructure SIP submission with respect to section 110(a)(2)(K). 12. 110(a)(2)(L) Permitting fees: Section 110(a)(2)(L) requires 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. S.C. Code Ann. Section 48-2-50 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 \22\ 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,\23\ which fees provide for the implementation and enforcement of the requirements of PSD and NNSR 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 2012 NAAQS when necessary. Accordingly, EPA is proposing to approve South Carolina's infrastructure SIP submission with respect to section 110(a)(2)(L). --------------------------------------------------------------------------- \22\ This regulation has not been incorporated into the federally-approved SIP. \23\ Title V program regulations are federally-approved but not incorporated into the federally-approved SIP. --------------------------------------------------------------------------- 13. 110(a)(2)(M) Consultation/participation by affected local entities: Section 110(a)(2)(M) of the Act 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, which includes local entities, 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. Also, as noted previously, S.C. Code Ann. Section 48-1-50(8) allows SC DHEC to ``Cooperate with the governments of the United States or other states or state agencies or organizations, officials, or unofficial, in respect to pollution control matters or for the formulation of interstate pollution control compacts or agreements.'' By way of example, SC DHEC has recently worked closely with local political subdivisions during the development of its Transportation Conformity SIP, Regional Haze Implementation Plan, and Ozone 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 2012 Annual PM2.5 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 interstate transport provisions pertaining to the contribution to nonattainment or interference with maintenance in other states and visibility protection requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), EPA is proposing to approve South Carolina's December 18, 2015, SIP submission for the 2012 Annual PM2.5 NAAQS for the previously described infrastructure SIP requirements. EPA is proposing to approve these portions of South Carolina's infrastructure SIP submission for the 2012 Annual PM2.5 NAAQS because these aspects of the submission are consistent with section 110 of the CAA. [[Page 57519]] 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, South Carolina statute 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 previously, 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate Matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 9, 2016. Heather McTeer Toney, Regional Administrator, Region 4. [FR Doc. 2016-20141 Filed 8-22-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules 57509
involves a safety zone lasting four 2005, issue of the Federal Register (70 rules contained in this section pursuant
weeks, for three days a week, that will FR 15086). to 46 U.S.C. 70118. In addition, the
prohibit entry within 500 yards of the Documents mentioned in this NPRM Captain of the Port may be assisted by
small boat ‘‘Nessy’’ and all involved as being available in the docket, and all members of the U.S. Army Corps of
associated support vessels, while in the public comments, will be in our online Engineers and U.S. Department of
area encompassing these points: docket at http://www.regulations.gov Agriculture Wildlife Services onboard
46°15′45″ N., 123°59′39″ W.; 46°15′24″ and can be viewed by following that the small boat ‘‘Nessy,’’ and other
N., 123°59′42″ W.; 46°13′32″ N., Web site’s instructions. Additionally, if federal, state, or local agencies in
123°57′18″ W.; 46°15′9″ N., 123°55′24″ you go to the online docket and sign up enforcing this section.
W.; and 46°15′54″ N., 123°58′6″ W., for email alerts, you will be notified (d) Enforcement period. This section
while personnel are conducting the when comments are posted or a final is effective from September 21, 2016,
removal operations of the Double- rule is published. through October 21, 2016. It will be
Crested Cormorant. Normally such enforced when the small boat ‘‘Nessy,’’
List of Subjects in 33 CFR Part 165
actions are categorically excluded from and all involved associated support
further review under paragraph 34(g) of Harbors, Marine safety, Navigation vessels, are conducting the removal
Figure 2–1 of Commandant Instruction (water), Reporting and recordkeeping operations of the Double-Crested
M16475.lD. A preliminary requirements, Security measures, Cormorant. The small boat ‘‘Nessy’’ is
environmental analysis checklist and Waterways. described as a 20-foot black and gray
Categorical Exclusion Determination are For the reasons discussed in the aluminum work skiff with an overhead
available in the docket where indicated preamble, the Coast Guard proposes to light arch. The Coast Guard will inform
under ADDRESSES. We seek any amend 33 CFR part 165 as follows: mariners of any change to this period of
comments or information that may lead enforcement via Broadcast Notice to
to the discovery of a significant PART 165—REGULATED NAVIGATION Mariners.
environmental impact from this AREAS AND LIMITED ACCESS AREAS
Dated: August 17, 2016.
proposed rule.
■ 1. The authority citation for part 165 W. R. Timmons,
G. Protest Activities continues to read as follows: Captain, U.S. Coast Guard, Captain of the
The Coast Guard respects the First Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Port, Sector Columbia River.
Amendment rights of protesters. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; [FR Doc. 2016–20132 Filed 8–22–16; 8:45 am]
Protesters are asked to contact the Department of Homeland Security Delegation BILLING CODE 9110–04–P
person listed in the FOR FURTHER No. 0170.1.
INFORMATION CONTACT section to ■ 2. Add § 165.T13–0818 to read as
coordinate protest activities so that your follows: ENVIRONMENTAL PROTECTION
message can be received without AGENCY
jeopardizing the safety or security of § 165.T13–0818 Safety Zone; Columbia
people, places, or vessels. River. 40 CFR Part 52
(a) Location. The safety zone covered
V. Public Participation and Request for by this rule will cover all navigable [EPA–R04–OAR–2014–0429; FRL–9951–16–
Comments Region 4]
waters of the Columbia River within 500
We view public participation as yards of the small boat ‘‘Nessy,’’ and all Air Plan Approval; SC; Infrastructure
essential to effective rulemaking, and involved associated support vessels, Requirements for the 2012 PM2.5
will consider all comments and material while in the area encompassing these National Ambient Air Quality Standard
received during the comment period. points: 46°15′45″ N., 123°59′39″ W.;
Your comment can help shape the 46°15′24″ N., 123°59′42″ W.; 46°13′32″ AGENCY: Environmental Protection
outcome of this rulemaking. If you N., 123°57′18″ W.; 46°15′9″ N., Agency.
submit a comment, please include the 123°55′24″ W.; and 46°15′54″ N., ACTION: Proposed rule.
docket number for this rulemaking, 123°58′6″ W.
indicate the specific section of this (b) Regulations. In accordance with SUMMARY: The Environmental Protection
document to which each comment the general regulations in subpart C of Agency (EPA) is proposing to approve
applies, and provide a reason for each this part, no person may enter or remain portions of the State Implementation
suggestion or recommendation. in the safety zone created in this section Plan (SIP) submission, submitted by the
We encourage you to submit or bring, cause to be brought, or allow State of South Carolina, through the
comments through the Federal to remain in the safety zone created in South Carolina Department of Health
eRulemaking Portal at http:// this section any vehicle, vessel, or object and Environmental Control (SC DHEC),
www.regulations.gov. If your material unless authorized by the Captain of the on December 18, 2015, to demonstrate
cannot be submitted using http:// Port or his designated representative. that the State meets the infrastructure
www.regulations.gov, contact the person (c) Enforcement. Any Coast Guard requirements of the Clean Air Act (CAA
in the FOR FURTHER INFORMATION commissioned, warrant, or petty officer or Act) for the 2012 Annual Fine
CONTACT section of this document for may enforce the rules in this section. In Particulate Matter (PM2.5) national
alternate instructions. the navigable waters of the United ambient air quality standard (NAAQS).
We accept anonymous comments. All States to which this section applies, The CAA requires that each state adopt
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comments received will be posted when immediate action is required and and submit a SIP for the
without change to http:// representatives of the Coast Guard are implementation, maintenance and
www.regulations.gov and will include not present or are not present in enforcement of each NAAQS
any personal information you have sufficient force to provide effective promulgated by EPA, which is
provided. For more about privacy and enforcement of this section, any Federal commonly referred to as an
the docket, you may review a Privacy Law Enforcement Officer or Oregon Law ‘‘infrastructure’’ SIP. SC DHEC certified
Act notice regarding the Federal Docket Enforcement Officer or Washington Law that the South Carolina SIP contains
Management System in the March 24, Enforcement Officer may enforce the provisions that ensure the 2012 Annual
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III. What is EPA’s approach to the substantive program provisions.6 EPA which provisions of section 110(a)(2)
review of infrastructure SIP therefore believes that while the timing are applicable for a particular
submissions? requirement in section 110(a)(1) is infrastructure SIP submission.
unambiguous, some of the other Another example of ambiguity within
EPA is acting upon the SIP statutory provisions are ambiguous. In sections 110(a)(1) and 110(a)(2) with
submission from South Carolina that particular, EPA believes that the list of respect to infrastructure SIPs pertains to
addresses the infrastructure required elements for infrastructure SIP whether states must meet all of the
requirements of CAA sections 110(a)(1) submissions provided in section infrastructure SIP requirements in a
and 110(a)(2) for the 2012 Annual PM2.5 110(a)(2) contains ambiguities single SIP submission, and whether EPA
NAAQS. The requirement for states to concerning what is required for must act upon such SIP submission in
make a SIP submission of this type inclusion in an infrastructure SIP a single action. Although section
arises out of CAA section 110(a)(1). submission. 110(a)(1) directs states to submit ‘‘a
Pursuant to section 110(a)(1), states The following examples of plan’’ to meet these requirements, EPA
must make SIP submissions ‘‘within 3 ambiguities illustrate the need for EPA interprets the CAA to allow states to
years (or such shorter period as the to interpret some section 110(a)(1) and make multiple SIP submissions
Administrator may prescribe) after the section 110(a)(2) requirements with separately addressing infrastructure SIP
respect to infrastructure SIP elements for the same NAAQS. If states
promulgation of a national primary
submissions for a given new or revised elect to make such multiple SIP
ambient air quality standard (or any
NAAQS. One example of ambiguity is submissions to meet the infrastructure
revision thereof),’’ and these SIP that section 110(a)(2) requires that SIP requirements, EPA can elect to act
submissions are to provide for the ‘‘each’’ SIP submission must meet the on such submissions either individually
‘‘implementation, maintenance, and list of requirements therein, while EPA or in a larger combined action.9
enforcement’’ of such NAAQS. The has long noted that this literal reading Similarly, EPA interprets the CAA to
statute directly imposes on states the of the statute is internally inconsistent allow it to take action on the individual
duty to make these SIP submissions, and would create a conflict with the parts of one larger, comprehensive
and the requirement to make the nonattainment provisions in part D of infrastructure SIP submission for a
submissions is not conditioned upon title I of the Act, which specifically given NAAQS without concurrent
EPA’s taking any action other than address nonattainment SIP action on the entire submission. For
promulgating a new or revised NAAQS. requirements.7 Section 110(a)(2)(I) example, EPA has sometimes elected to
Section 110(a)(2) includes a list of pertains to nonattainment SIP act at different times on various
specific elements that ‘‘[e]ach such requirements and part D addresses elements and sub-elements of the same
plan’’ submission must address. when attainment plan SIP submissions infrastructure SIP submission.10
EPA has historically referred to these to address nonattainment area Ambiguities within sections 110(a)(1)
SIP submissions made for the purpose requirements are due. For example, and 110(a)(2) may also arise with
of satisfying the requirements of CAA section 172(b) requires EPA to establish respect to infrastructure SIP submission
a schedule for submission of such plans requirements for different NAAQS.
sections 110(a)(1) and 110(a)(2) as
for certain pollutants when the Thus, EPA notes that not every element
‘‘infrastructure SIP’’ submissions.
Administrator promulgates the of section 110(a)(2) would be relevant,
Although the term ‘‘infrastructure SIP’’ designation of an area as nonattainment,
does not appear in the CAA, EPA uses or as relevant, or relevant in the same
and section 107(d)(1)(B) allows up to way, for each new or revised NAAQS.
the term to distinguish this particular two years, or in some cases three years, The states’ attendant infrastructure SIP
type of SIP submission from for such designations to be submissions for each NAAQS therefore
submissions that are intended to satisfy promulgated.8 This ambiguity illustrates could be different. For example, the
other SIP requirements under the CAA, that rather than apply all the stated monitoring requirements that a state
such as ‘‘nonattainment SIP’’ or requirements of section 110(a)(2) in a
‘‘attainment plan SIP’’ submissions to strict literal sense, EPA must determine 9 See, e.g., ‘‘Approval and Promulgation of
address the nonattainment planning Implementation Plans; New Mexico; Revisions to
requirements of part D of title I of the 6 For example: Section 110(a)(2)(E)(i) provides the New Source Review (NSR) State
CAA, ‘‘regional haze SIP’’ submissions that states must provide assurances that they have Implementation Plan (SIP); Prevention of
adequate legal authority under state and local law Significant Deterioration (PSD) and Nonattainment
required by EPA rule to address the to carry out the SIP; section 110(a)(2)(C) provides New Source Review (NNSR) Permitting,’’ 78 FR
visibility protection requirements of that states must have a SIP-approved program to 4339 (January 22, 2013) (EPA’s final action
CAA section 169A, and nonattainment address certain sources as required by part C of title approving the structural PSD elements of the New
I of the CAA; and section 110(a)(2)(G) provides that Mexico SIP submitted by the State separately to
new source review (NNSR) permit states must have legal authority to address meet the requirements of EPA’s 2008 PM2.5 NSR
program submissions to address the emergencies as well as contingency plans that are rule), and ‘‘Approval and Promulgation of Air
permit requirements of CAA, title I, part triggered in the event of such emergencies. Quality Implementation Plans; New Mexico;
D. Section 110(a)(1) addresses the 7 See, e.g., ‘‘Rule To Reduce Interstate Transport Infrastructure and Interstate Transport
of Fine Particulate Matter and Ozone (Clean Air Requirements for the 2006 PM2.5 NAAQS,’’ (78 FR
timing and general requirements for Interstate Rule); Revisions to Acid Rain Program; 4337) (January 22, 2013) (EPA’s final action on the
infrastructure SIP submissions, and Revisions to the NOX SIP Call; Final Rule,’’ 70 FR infrastructure SIP for the 2006 PM2.5 NAAQS).
section 110(a)(2) provides more details 25162, at 25163–65 (May 12, 2005) (explaining 10 On December 14, 2007, the State of Tennessee,
relationship between timing requirement of section through the Tennessee Department of Environment
concerning the required contents of 110(a)(2)(D) versus section 110(a)(2)(I)). and Conservation, made a SIP revision to EPA
srobinson on DSK5SPTVN1PROD with PROPOSALS
these submissions. The list of required 8 EPA notes that this ambiguity within section demonstrating that the State meets the requirements
elements provided in section 110(a)(2) 110(a)(2) is heightened by the fact that various of sections 110(a)(1) and (2). EPA proposed action
contains a wide variety of disparate subparts of part D set specific dates for submission for infrastructure SIP elements (C) and (J) on
of certain types of SIP submissions in designated January 23, 2012 (77 FR 3213) and took final action
provisions, some of which pertain to nonattainment areas for various pollutants. Note, on March 14, 2012 (77 FR 14976). On April 16,
required legal authority, some of which e.g., that section 182(a)(1) provides specific dates 2012 (77 FR 22533) and July 23, 2012 (77 FR
pertain to required substantive program for submission of emissions inventories for the 42997), EPA took separate proposed and final
ozone NAAQS. Some of these specific dates are actions on all other section 110(a)(2) infrastructure
provisions, and some of which pertain necessarily later than three years after promulgation SIP elements of Tennessee’s December 14, 2007
to requirements for both authority and of the new or revised NAAQS. submittal.
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measures, means, and techniques. guidance to take steps to correct the Regulation 61–62.5, Standard No. 7,
Section 48–1–50(23) of the 1976 South deficiency as soon as possible. Prevention of Significant Deterioration,
Carolina Code of Laws, as amended, 2. 110(a)(2)(B) Ambient Air Quality and Regulation 61–62.5, Standard No.
(S.C. Code Ann.) provides SC DHEC Monitoring/Data System: Section 7.1, Nonattainment New Source Review,
with the authority to ‘‘Adopt emission 110(a)(2)(B) requires SIPs to provide for and 61–62.1, Section II, Permit
and effluent control regulations establishment and operation of Requirements, of South Carolina’s SIP,
standards and limitations that are appropriate devices, methods, systems, which pertain to the construction of any
applicable to the entire state, that are and procedures necessary to: (i) new major stationary source or any
applicable only within specified areas Monitor, compile, and analyze data on modification at an existing major
or zones of the state, or that are ambient air quality, and (ii) upon stationary source in an area designated
applicable only when a specified class request, make such data available to the as attainment or unclassifiable. These
of pollutant is present.’’ Collectively Administrator. South Carolina’s Air regulations enable SC DHEC to regulate
these regulations establish enforceable Pollution Control Regulations, sources contributing to the 2012 Annual
emissions limitations and other control Regulation 61–62.5, Standard No. 7, PM2.5 NAAQS.
measures, means or techniques, for Prevention of Significant Deterioration, Enforcement: SC DHEC’s above-
activities that contribute to PM2.5 along with the South Carolina Network described, SIP-approved regulations
concentrations in the ambient air and Description and Ambient Air Network provide for enforcement of PM2.5
provide authority for SC DHEC to Monitoring Plan, provide for an ambient emission limits and control measures
establish such limits and measures as air quality monitoring system in the through construction permitting for new
well as schedules for compliance to State. S.C. Code Ann. § 48–1–50(14) or modified stationary sources. South
meet the applicable requirements of the provides the Department with the Carolina cites to statute 48–1–50(11),
CAA. EPA has made the preliminary necessary authority to ‘‘[c]ollect and which provides SC DHEC the authority
determination that the provisions disseminate information on air and to administer penalties for violations of
contained in these State regulations and water control.’’ Annually, states develop any order, permit, regulation or
State statute are adequate for and submit to EPA for approval standards; and 48–1–50(10), which
enforceable emission limitations and statewide ambient monitoring network authorizes SCDHEC to require and
other control measures, means, or plans consistent with the requirements approve construction plans for sources
techniques, as well as schedules and of 40 CFR parts 50, 53, and 58. The and inspect the construction thereof for
timetables for compliance to satisfy the annual network plan involves an compliance with the approved plan.
requirements of Section 110(a)(2(A) for evaluation of any proposed changes to Additionally, SCDHEC is authorized
the 2012 Annual PM2.5 NAAQS in the the monitoring network, includes the under 48–1–50(3) and (4) to issue orders
State. annual ambient monitoring network requiring the discontinuance of the
design plan and a certified evaluation of discharge of air contaminants into the
In this action, EPA is not proposing to ambient air that create an undesirable
approve or disapprove any existing state the agency’s ambient monitors and
auxiliary support equipment.20 On July level, and seek an injunction to compel
provisions with regard to excess compliance with the Pollution Control
emissions during start up, shut down 20, 2015, South Carolina submitted its
plan to EPA. On November 19, 2015, Act and permits, permit conditions and
and malfunction (SSM) operations at a orders.
facility. EPA believes that a number of EPA approved South Carolina’s
monitoring network plan. South PSD Permitting for Major Sources:
states have SSM provisions which are EPA interprets the PSD sub-element to
contrary to the CAA and existing EPA Carolina’s approved monitoring network
require that a state’s infrastructure SIP
guidance, ‘‘State Implementation Plans: plan can be accessed at
submission for a particular NAAQS
Policy Regarding Excess Emissions www.regulations.gov using Docket ID
demonstrate that the state has a
During Malfunctions, Startup, and No. EPA–R04–OAR–2014–0429. EPA
complete PSD permitting program in
Shutdown’’ (September 20, 1999), and has made the preliminary determination
place covering the structural PSD
the Agency is addressing such state that South Carolina’s SIP and practices
requirements for all regulated NSR
regulations in a separate action.19 are adequate for the ambient air quality
pollutants. A state’s PSD permitting
monitoring and data system
Additionally, in this action, EPA is program is complete for this sub-
requirements related to the 2012 Annual
not proposing to approve or disapprove element (and prong 3 of D(i) and J
PM2.5 NAAQS.
any existing state rules with regard to related to PSD) if EPA has already
3. 110(a)(2)(C) Programs for
director’s discretion or variance approved or is simultaneously
Enforcement of Control Measures and
provisions. EPA believes that a number approving the state’s implementation
for Construction or Modification of
of states have such provisions which are plan with respect to all structural PSD
Stationary Sources: This element
contrary to the CAA and existing EPA requirements that are due under the
consists of three sub-elements:
guidance (52 FR 45109 (November 24, EPA regulations or the CAA on or before
Enforcement, state-wide regulation of
1987)), and the Agency plans to take the date of the EPA’s proposed action on
new and modified minor sources and
action in the future to address such state the infrastructure SIP submission.
minor modifications of major sources, For the 2012 Annual PM2.5 NAAQS,
regulations. In the meantime, EPA and preconstruction permitting of major
encourages any state having a director’s South Carolina’s authority to regulate
sources and major modifications in new and modified sources to assist in
discretion or variance provision which areas designated attainment or the protection of air quality in South
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is contrary to the CAA and EPA unclassifiable for the subject NAAQS as Carolina is established in Regulations
required by CAA title I part C (i.e., the 61–62.1, Section II, Permit
19 On June 12, 2015, EPA published a final action
major source PSD program). These Requirements; 61–62.5, Standard No. 7,
entitled, ‘‘State Implementation Plans: Response to
Petition for Rulemaking; Restatement and Update of requirements are met through Prevention of Significant Deterioration
EPA’s SSM Policy Applicable to SIPs; Findings of of South Carolina’s SIP. These
Substantial Inadequacy; and SIP Calls to Amend 20 On occasion, proposed changes to the
Provisions Applying to Excess Emissions During monitoring network are evaluated outside of the
regulations pertain to the construction
Periods of Startup, Shutdown, and Malfunction.’’ network plan approval process in accordance with of any new major stationary source or
See 80 FR 33840. 40 CFR part 58. any modification at an existing major
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stationary source in an area designated transport provisions pertaining to the requirements relating to interstate and
as attainment or unclassifiable. South contribution to nonattainment or international pollution abatement for
Carolina also cites to 61–62.5, Standard interference with maintenance in other the 2012 Annual PM2.5 NAAQS.
No. 7.1, Nonattainment New Source states of section 110(a)(2)(D)(i)(I) 6. 110(a)(2)(E) Adequate Resources
Review. South Carolina’s infrastructure (prongs 1 and 2). EPA will consider and Authority, Conflict of Interest, and
SIP submission demonstrates that new these requirements in relation to South Oversight of Local Governments and
major sources and major modifications Carolina’s 2012 Annual PM2.5 NAAQS Regional Agencies: Section 110(a)(2)(E)
in areas of the State designated infrastructure submission in a separate requires that each implementation plan
attainment or unclassifiable for the rulemaking. provide: (i) Necessary assurances that
specified NAAQS are subject to a 110(a)(2)(D)(i)(II)—prong 3: With the State will have adequate personnel,
federally-approved PSD permitting regard to section 110(a)(2)(D)(i)(II), the funding, and authority under state law
program meeting all the current PSD element, referred to as prong 3, this to carry out its implementation plan, (ii)
structural requirements of part C of title requirement may be met by a state’s that the state comply with the
I of the CAA to satisfy the infrastructure confirmation in an infrastructure SIP requirements respecting state boards
SIP PSD elements.21 submission that new major sources and pursuant to section 128 of the Act, and
Regulation of minor sources and major modifications in the state are (iii) necessary assurances that, where
modifications: Section 110(a)(2)(C) also subject to: A PSD program meeting all the state has relied on a local or regional
requires the SIP to include provisions the current structural requirements of government, agency, or instrumentality
that govern the minor source part C of title I of the CAA, or (if the for the implementation of any plan
preconstruction program that regulates state contains a nonattainment area that provision, the state has responsibility
emissions of the 2012 Annual PM2.5 has the potential to impact PSD in for ensuring adequate implementation
NAAQS. Regulation 61–62.1, Section II, another state) a NNSR program. As of such plan provisions. EPA is
Permit Requirements governs the discussed in more detail previously proposing to approve South Carolina’s
preconstruction permitting of minor under section 110(a)(2)(C), South SIP as meeting the requirements of
modifications and construction of minor Carolina’s SIP contains provisions for section 110(a)(2)(E). EPA’s rationale for
stationary sources in South Carolina. the State’s PSD program that reflect the this proposal respecting each
EPA has made the preliminary required structural PSD requirements to requirement of section 110(a)(2)(E) is
determination that South Carolina’s SIP satisfy the requirement of prong 3 and described in turn later in this preamble.
and practices are adequate for a NNSR program at 61–62.5, Standard With respect to section 110(a)(2)(E)(i)
enforcement of control measures, PSD No. 7.1, Nonattainment New Source and (iii), SC DHEC develops,
permitting for major sources, and Review. EPA has made the preliminary implements and enforces EPA-approved
regulation of minor sources and determination that South Carolina’s SIP SIP provisions in the State. S.C. Code
modifications related to the 2012 is adequate for interstate transport for Ann. Section 48, Title 1, as referenced
Annual PM2.5 NAAQS. PSD permitting of major sources and in South Carolina’s infrastructure SIP
4. 110(a)(2)(D)(i)(I) and (II): Interstate major modifications related to the 2012 submission, provides the SC DHEC’s
Pollution Transport: Section Annual PM2.5 NAAQS for section general legal authority to establish a SIP
110(a)(2)(D)(i) has two components: 110(a)(2)(D)(i)(II) (prong 3). and implement related plans. In
110(a)(2)(D)(i)(I) and 110(a)(2)(D)(i)(II). 110(a)(2)(D)(i)(II)—prong 4: EPA is not particular, S.C. Code Ann. Section 48–
Each of these components has two proposing any action in this rulemaking 1–50(12) grants SC DHEC the statutory
subparts resulting in four distinct related to provisions pertaining to authority to ‘‘[a]ccept, receive and
components, commonly referred to as visibility protection in other states of administer grants or other funds or gifts
‘‘prongs,’’ that must be addressed in section 110(a)(2)(D)(i)(II) (prong 4) and for the purpose of carrying out any of
infrastructure SIP submissions. The first will consider these requirements in the purposes of this chapter; [and to]
two prongs, which are codified in relation to South Carolina’s 2012 accept, receive and receipt for federal
section 110(a)(2)(D)(i)(I), are provisions Annual PM2.5 NAAQS infrastructure money given by the Federal government
that prohibit any source or other type of submission in a separate rulemaking. under any Federal law to the State of
emissions activity in one state from 5. 110(a)(2)(D)(ii): Interstate Pollution South Carolina for air or water control
contributing significantly to Abatement and International Air activities, surveys or programs.’’ S.C.
nonattainment of the NAAQS in another Pollution: Section 110(a)(2)(D)(ii) Code Ann. Section 48, Title 2 grants SC
state (‘‘prong 1’’), and interfering with requires SIPs to include provisions DHEC statutory authority to establish
maintenance of the NAAQS in another ensuring compliance with sections 115 environmental protection funds, which
state (‘‘prong 2’’). The third and fourth and 126 of the Act, relating to interstate provide resources for SC DHEC to carry
prongs, which are codified in section and international pollution abatement. out its obligations under the CAA.
110(a)(2)(D)(i)(II), are provisions that Regulation 61–62.5, Standards 7 and 7.1 Specifically, in Regulation 61–30,
prohibit emissions activity in one state (q)(2)(iv), Public Participation, requires Environmental Protection Fees, SC
from interfering with measures required SC DHEC to notify air agencies ‘‘whose DHEC established fees for sources
to prevent significant deterioration of air lands may be affected by emissions’’ subject to air permitting programs. SC
quality in another state (‘‘prong 3’’), or from each new or modified major source DHEC implements the SIP in
to protect visibility in another state if such emissions may significantly accordance with the provisions of S.C.
(‘‘prong 4’’). contribute to levels of pollution in Code Ann § 1–23–40 (the
110(a)(2)(D)(i)(I)—prongs 1 and 2: excess of a NAAQS in any air quality Administrative Procedures Act) and S.C.
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EPA is not proposing any action in this control region outside of South Code Ann. Section 48, Title 1. For
rulemaking related to the interstate Carolina. Additionally, South Carolina Section 110(a)(2)(E)(iii), the submission
does not have any pending obligation states that South Carolina does not rely
21 More information concerning how the South under section 115 and 126 of the CAA. on localities for specific SIP
Carolina infrastructure SIP submission currently EPA has made the preliminary implementation.
meets applicable requirements for the PSD elements
(110(a)(2)(C); (D)(i)(I), prong 3; and (J)) can be found
determination that South Carolina’s SIP The requirements of 110(a)(2)(E)(i)
in the technical support document in the docket for and practices are adequate for ensuring and (iii) are further confirmed when
this rulemaking. compliance with the applicable EPA performs a completeness
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![57516 Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules
determination for each SIP submittal. employee may knowingly use his § 48–1–22 provides the Department with
This provides additional assurances that official office, membership, or the necessary authority to ‘‘Require the
each submittal includes information employment to obtain an economic owner of operator of any source or
addressing the adequacy of personnel, interest for himself, a member of his disposal system to establish and
funding, and legal authority under State immediate family, an individual with maintain such operational records;
law used to carry out the State’s whom he is associated, or a business make reports; install, use and maintain
implementation plan and related issues. with which he is associated.’’ S.C. Code monitoring equipment or methods;
This information is included in all Ann. Section 8–13–700(B)(1)–(5) samples and analyze emissions or
prehearings and final SIP submittal provides for disclosure of any conflicts discharges in accordance with
packages for approval by EPA. of interest by public official, public prescribed methods, at locations,
As evidence of the adequacy of SC member or public employee, which intervals, and procedures as the
DHEC’s resources with respect to sub- meets the requirement of CAA Section Department shall prescribe; and provide
elements (i) and (iii), EPA submitted a 128(a)(2) that ‘‘any potential conflicts of such other information as the
letter to South Carolina on April 19, interest . . . be adequately disclosed.’’ Department reasonably may require.’’
2016, outlining 105 grant commitments These State statutes—S.C. Code Ann. Finally, R. 61–62.1, Section V, Credible
and the current status of these Sections 8–13–730, 8–13–700(A), and Evidence, specifies that non-reference
commitments for fiscal year 2015. The 8–13–700(B)(1)–(5)—have been test data and other information already
letter EPA submitted to South Carolina approved into the South Carolina SIP as available and utilized for other purposes
can be accessed at www.regulations.gov required by CAA section 128. may be used to demonstrate compliance
using Docket ID No. EPA–R04–OAR– EPA has made the preliminary or noncompliance with emission
2014–0429. Annually, states update determination that South Carolina has standards. Accordingly, EPA is unaware
these grant commitments based on satisfied the requirements of 110(a)(2)(E) of any provision preventing the use of
current SIP requirements, air quality for implementation of the 2012 Annual credible evidence in the South Carolina
planning, and applicable requirements PM2.5 NAAQS. SIP.
related to the NAAQS. There were no 7. 110(a)(2)(F) Stationary Source Additionally, South Carolina is
outstanding issues in relation to the SIP Monitoring and Reporting: Section required to submit emissions data to
for fiscal year 2015, therefore, SC 110(a)(2)(F) requires SIPs to meet EPA for purposes of the National
DHEC’s grants were finalized and closed applicable requirements addressing (i) Emissions Inventory (NEI). The NEI is
out. the installation, maintenance, and EPA’s central repository for air
Section 110(a)(2)(E)(ii) requires that replacement of equipment, and the emissions data. EPA published the Air
states comply with section 128 of the implementation of other necessary Emissions Reporting Rule (AERR) on
CAA. Section 128 of the CAA requires steps, by owners or operators of December 5, 2008, which modified the
that states include provisions in their stationary sources to monitor emissions requirements for collecting and
SIP to address conflicts of interest for from such sources, (ii) periodic reports reporting air emissions data (73 FR
state boards or bodies that oversee CAA on the nature and amounts of emissions 76539). The AERR shortened the time
permits and enforcement orders and and emissions related data from such states had to report emissions data from
disclosure of conflict of interest sources, and (iii) correlation of such 17 to 12 months, giving states one
requirements. Specifically, CAA section reports by the state agency with any calendar year to submit emissions data.
128(a)(1) necessitates that each SIP shall emission limitations or standards All states are required to submit a
require that at least a majority of any established pursuant to this section, comprehensive emissions inventory
board or body which approves permits which reports shall be available at every three years and report emissions
or enforcement orders shall be subject to reasonable times for public inspection. for certain larger sources annually
the described public interest service and SC DHEC’s infrastructure SIP through EPA’s online Emissions
income restrictions therein. Subsection submission describes the establishment Inventory System. States report
128(a)(2) requires that the members of of requirements for compliance testing emissions data for the six criteria
any board or body, or the head of an by emissions sampling and analysis, pollutants and their associated
executive agency with similar power to and for emissions and operation precursors—NOX, SO2, ammonia, lead,
approve permits or enforcement orders monitoring to ensure the quality of data carbon monoxide, particulate matter,
under the CAA, shall also be subject to in the State. SC DHEC uses these data and volatile organic compounds. Many
conflict of interest disclosure to track progress towards maintaining states also voluntarily report emissions
requirements. the NAAQS, develop control and of hazardous air pollutants. South
With respect to 110(a)(2)(E)(ii), South maintenance strategies, identify sources Carolina made its latest update to the
Carolina satisfies the requirements of and general emission levels, and 2011 NEI on April 8, 2014. EPA
CAA section 128(a)(1) for the South determine compliance with emission compiles the emissions data,
Carolina Board of Health and regulations and additional EPA supplementing it where necessary, and
Environmental Control, which is the requirements. These SIP requirements releases it to the general public through
‘‘board or body which approves permits are codified at Regulation 61–62.1, the Web site http://www.epa.gov/ttn/
and enforcement orders’’ under the CAA Definitions and General Requirements, chief/eiinformation.html. EPA has made
in South Carolina, through S.C. Code which provides for emission inventories the preliminary determination that
Ann. Section 8–13–730. S.C. Code Ann. and other emission monitoring and South Carolina’s SIP and practices are
Section 8–13–730 provides that reporting requirements for stationary adequate for the stationary source
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‘‘[u]nless otherwise provided by law, no sources. R. 61–62.1, Section III, monitoring systems related to the
person may serve as a member of a Emission Inventory, provides for an Annual PM2.5 NAAQS. Accordingly,
governmental regulatory agency that emission inventory plan that establishes EPA is proposing to approve South
regulates business with which that reporting requirements for various Carolina’s infrastructure SIP submission
person is associated,’’ and S.C. Code pollutants from permitted facilities on with respect to section 110(a)(2)(F).
Ann. Section 8–13–700(A) which annual or three year cycles, depending 8. 110(a)(2)(G) Emergency Powers:
provides in part that ‘‘[n]o public on emission levels and nonattainment This section of the Act requires that
official, public member, or public area status. Further, S.C. Code Ann. states demonstrate authority comparable
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![Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules 57517
with section 303 of the CAA and necessary. Accordingly, EPA is 110(a)(2)(J) consultation with
adequate contingency plans to proposing to approve South Carolina’s government officials.
implement such authority. Regulation infrastructure SIP submission with Public notification (127 public
61–62.3, Air Pollution Episodes, respect to section 110(a)(2)(H). notification): Regulation 61–62.3, Air
provides for contingency measures 10. 110(a)(2)(J) Consultation with Pollution Episodes, requires that SC
when an air pollution episode or Government Officials, Public DHEC notify the public of any air
exceedance may lead to a substantial Notification, and PSD and Visibility pollution episode or NAAQS violation.
threat to the health of persons in the Protection: EPA is proposing to approve S.C. Code Ann. § 48–1–60 establishes
state or region. S.C. Code Ann. Section South Carolina’s infrastructure SIP that ‘‘Classification and standards of
48–1–290 provides SC DHEC, with submission for the 2012 Annual PM2.5 quality and purity of the environment
concurrent notice to the Governor, the NAAQS with respect to the general [are] authorized after notice and
authority to issue an order recognizing requirement in section 110(a)(2)(J) to hearing.’’ Additionally, Regulation 61–
the existence of an emergency requiring include a program in the SIP that 62.5, Standard 7.1 (q), Public
immediate action as deemed necessary complies with the applicable Participation, notifies the public by
by SC DHEC to protect the public health consultation requirements of section advertisement in a newspaper of general
or property. Any person subject to this 121, the public notification circulation in each region in which a
order is required to comply requirements of section 127, PSD and proposed plant or modifications will be
immediately. Additionally, S.C. Code visibility protection. EPA’s rationale for constructed of the degree of increment
Ann. Section 1–23–130 provides SC each sub-element is described later in consumption that is expected from the
DHEC with the authority to establish this preamble. plant or modification, and the
emergency regulations to address an opportunity for comment at a public
Consultation with government
imminent peril to public health, or hearing as well as the opportunity to
officials (121 consultation): Section
welfare, and authorizes emergency provide written public comment. An
110(a)(2)(J) of the CAA requires states to
regulations to protect natural resources opportunity for a public hearing for
provide a process for consultation with
if any natural resource related agency in interested persons to appear and submit
local governments, designated
the State finds that abnormal or unusual written or oral comments on the air
organizations and Federal Land
conditions, immediate need, or the quality impact of the plant or
Managers (FLMs) carrying out NAAQS
State’s best interest require such modification, alternatives to the plant or
implementation requirements pursuant
emergency action. EPA has made the modification, the control technology
to section 121 relative to consultation. required, and other appropriate
preliminary determination that South Regulation 61–62.5, Standard No. 7,
Carolina’s SIP, State laws, and practices considerations is also offered.
Prevention of Significant Deterioration, EPA also notes that SC DHEC
are adequate for emergency powers as well as the State’s Regional Haze maintains a Web site that provides the
related to the 2012 Annual PM2.5 Implementation Plan (which allows for public with notice of the health hazards
NAAQS. Accordingly, EPA is proposing consultation between appropriate state, associated with PM2.5 NAAQS
to approve South Carolina’s local, and tribal air pollution control exceedances, measures the public can
infrastructure SIP submission with agencies as well as the corresponding take to help prevent such exceedances,
respect to section 110(a)(2)(G). FLM), provide for consultation with and the ways in which the public can
9. 110(a)(2)(H) SIP Revisions: Section government officials whose jurisdictions participate in the regulatory process.
110(a)(2)(H), in summary, requires each might be affected by SIP development See http://www.scdhec.gov/
SIP to provide for revisions of such activities. South Carolina has SIP- HomeAndEnvironment/Air/
plan: (i) As may be necessary to take approved state-wide consultation MostCommonPollutants/
account of revisions of such national procedures for the implementation of ParticulateMatter/. EPA has made the
primary or secondary ambient air transportation conformity (see 69 FR preliminary determination that South
quality standard or the availability of 4245). Implementation of transportation Carolina’s SIP and practices adequately
improved or more expeditious methods conformity as outlined in the demonstrate the State’s ability to
of attaining such standard, and (ii) consultation procedures requires SC provide public notification related to
whenever the Administrator finds that DHEC to consult with federal, state and the 2012 Annual PM2.5 NAAQS when
the plan is substantially inadequate to local transportation and air quality necessary. Accordingly, EPA is
attain the NAAQS or to otherwise agency officials on the development of proposing to approve South Carolina’s
comply with any additional applicable motor vehicle emissions budgets. infrastructure SIP submission with
requirements. SC DHEC is responsible Additionally, S.C. Code Section 48–1– respect to section 110(a)(2)(J) public
for adopting air quality rules and 50(8) provides SC DHEC with the notification.
revising SIPs as needed to attain or necessary authority to ‘‘Cooperate with PSD: With regard to the PSD element
maintain the NAAQS in South Carolina. the governments of the United States or of section 110(a)(2)(J), this requirement
The State has the ability and authority other states or state agencies or is be met by a state’s confirmation in an
to respond to calls for SIP revisions, and organizations, official or unofficial, in infrastructure SIP submission that the
has provided a number of SIP revisions respect to pollution control matters or state has a SIP-approved PSD program
over the years for implementation of the for the formulation of interstate meeting all the current structural
NAAQS. S.C. Code Ann. Section 48, pollution control compacts or requirements of part C of title I of the
Title 1, provides SC DHEC with the agreements.’’ EPA has made the CAA for all NSR regulated pollutants.
srobinson on DSK5SPTVN1PROD with PROPOSALS
necessary authority to revise the SIP to preliminary determination that South As discussed in more detail previously
accommodate changes in the NAAQS Carolina’s SIP and practices adequately under the section discussing
and thus revise the SIP as appropriate. demonstrate consultation with 110(a)(2)(C), South Carolina’s SIP
EPA has made the preliminary government officials related to the 2012 contains provisions for the State’s PSD
determination that South Carolina Annual PM2.5 NAAQS when necessary. program that reflect required structural
adequately demonstrates a commitment Accordingly, EPA is proposing to PSD requirements to satisfy the PSD
to provide future SIP revisions related to approve South Carolina’s infrastructure element of section 110(a)(2)(J). EPA has
the 2012 Annual PM2.5 NAAQS when SIP submission with respect to section made the preliminary determination
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![Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules 57519
VI. Statutory and Executive Order South Carolina statute 27–16–120, ‘‘all interstate transport. The EPA is
Reviews state and local environmental laws and proposing that all four States have
Under the CAA, the Administrator is regulations apply to the [Catawba Indian adequate provisions to prohibit in-state
required to approve a SIP submission Nation] and Reservation and are fully emissions activities from significantly
that complies with the provisions of the enforceable by all relevant state and contributing to, or interfering with the
Act and applicable federal regulations. local agencies and authorities.’’ maintenance of, the 2008 ozone
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). However, EPA has determined that National Ambient Air Quality Standards
because this proposed rule does not (NAAQS) in other states. The intended
Thus, in reviewing SIP submissions,
have substantial direct effects on an effect of this action is to propose
EPA’s role is to approve state choices,
Indian Tribe because, as noted approval of the SIP revisions submitted
provided that they meet the criteria of
previously, this action is not approving by Maine, New Hampshire, Rhode
the CAA. Accordingly, this proposed
any specific rule, but rather proposing Island, and Vermont. This action is
action merely approves state law as
that South Carolina’s already approved being taken under the Clean Air Act.
meeting federal requirements and does
SIP meets certain CAA requirements. DATES: Comments must be received on
not impose additional requirements
EPA notes this action will not impose or before September 22, 2016.
beyond those imposed by state law. For
substantial direct costs on Tribal ADDRESSES: Submit your comments,
that reason, this proposed action:
governments or preempt Tribal law. identified by EPA–R01–OAR–2008–
• Is not a significant regulatory action
subject to review by the Office of List of Subjects in 40 CFR Part 52 0486 for comments pertaining to our
Management and Budget under proposed action for Maine, EPA–R01–
Environmental protection, Air OAR–2008–0223 for comments
Executive Orders 12866 (58 FR 51735, pollution control, Incorporation by
October 4, 1993) and 13563 (76 FR 3821, pertaining to our proposed action for
reference, Intergovernmental relations,
January 21, 2011); New Hampshire, EPA–R01–OAR–2008–
Nitrogen dioxide, Ozone, Particulate
• does not impose an information 0447 for comments pertaining to our
Matter, Reporting and recordkeeping
collection burden under the provisions proposed action for Rhode Island, or
requirements, Volatile organic
of the Paperwork Reduction Act (44 EPA–R01–OAR–2009–0358 for
compounds.
U.S.C. 3501 et seq.); comments pertaining to our proposed
Authority: 42 U.S.C. 7401 et seq.
• is certified as not having a action for Vermont, at http://
significant economic impact on a Dated: August 9, 2016. www.regulations.gov, or via email to
substantial number of small entities Heather McTeer Toney, Arnold.Anne@EPA.gov. For comments
under the Regulatory Flexibility Act (5 Regional Administrator, Region 4. submitted at Regulations.gov, follow the
U.S.C. 601 et seq.); [FR Doc. 2016–20141 Filed 8–22–16; 8:45 am] online instructions for submitting
• does not contain any unfunded BILLING CODE 6560–50–P
comments. Once submitted, comments
mandate or significantly or uniquely cannot be edited or removed from
affect small governments, as described Regulations.gov. For either manner of
in the Unfunded Mandates Reform Act ENVIRONMENTAL PROTECTION submission, the EPA may publish any
of 1995 (Pub. L. 104–4); AGENCY comment received to its public docket.
• does not have Federalism Do not submit electronically any
implications as specified in Executive 40 CFR Part 52 information you consider to be
Order 13132 (64 FR 43255, August 10, [EPA–R01–OAR–2008–0486; EPA–R01–
Confidential Business Information (CBI)
1999); OAR–2008–0223; EPA–R01–OAR–2008– or other information whose disclosure is
• is not an economically significant 0447; EPA–R01–OAR–2009–0358; A–1– restricted by statute. Multimedia
regulatory action based on health or FRL–9950–96–Region 1] submissions (audio, video, etc.) must be
safety risks subject to Executive Order accompanied by a written comment.
13045 (62 FR 19885, April 23, 1997); Approval and Promulgation of Air The written comment is considered the
• is not a significant regulatory action Quality Implementation Plans; Maine, official comment and should include
subject to Executive Order 13211 (66 FR New Hampshire, Rhode Island and discussion of all points you wish to
28355, May 22, 2001); Vermont; Interstate Transport of Air make. The EPA will generally not
• is not subject to requirements of Pollution consider comments or comment
Section 12(d) of the National AGENCY: Environmental Protection contents located outside of the primary
Technology Transfer and Advancement Agency (EPA). submission (i.e. on the web, cloud, or
Act of 1995 (15 U.S.C. 272 note) because other file sharing system). For
ACTION: Proposed rule.
application of those requirements would additional submission methods, please
be inconsistent with the CAA; and SUMMARY: The Environmental Protection contact the person identified in the FOR
• does not provide EPA with the Agency (EPA) is proposing to approve FURTHER INFORMATION CONTACT section.
discretionary authority to address, as State Implementation Plan (SIP) For the full EPA public comment policy,
appropriate, disproportionate human revisions submitted by the Maine information about CBI or multimedia
health or environmental effects, using Department of Environmental Protection submissions, and general guidance on
practicable and legally permissible (ME DEP), the New Hampshire making effective comments, please visit
methods, under Executive Order 12898 Department of Environmental Services http://www2.epa.gov/dockets/
(59 FR 7629, February 16, 1994). (NH DES), the Rhode Island Department commenting-epa-dockets.
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In addition, this proposed action for of Environmental Management (RI DEM) Publicly available docket materials
the state of South Carolina does not and the Vermont Department of are available either electronically in
have Tribal implications as specified by Environmental Conservation (VT DEC). www.regulations.gov or at the U.S.
Executive Order 13175 (65 FR 67249, These SIP revisions address provisions Environmental Protection Agency,
November 9, 2000). The Catawba Indian of the Clean Air Act that require each Region 1, Air Programs Branch, 5 Post
Nation Reservation is located within the state to submit a SIP to address Office Square, Boston, Massachusetts.
State of South Carolina. Pursuant to the emissions that may adversely affect This facility is open from 8:30 a.m. to
Catawba Indian Claims Settlement Act, another state’s air quality through 4:30 p.m., Monday through Friday,
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Document Created: 2018-02-09 11:40:28
Document Modified: 2018-02-09 11:40:28
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before September 22, 2016. | |
| Contact | Tiereny Bell, 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. Ms. Bell can be reached via electronic mail at [email protected] or via telephone at (404) 562-9088. | |
| FR Citation | 81 FR 57509 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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