Approval and Promulgation of Implementation Plans; South Carolina

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-035-1-9833a;FRL-6204-1]

Approval and Promulgation of Implementation Plans; South Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Cherokee County ozone

maintenance area portion of the South Carolina Air Quality

Implementation Plan or State Implementation Plan (SIP) submitted on

June 27, 1998, through the South Carolina Department of Health and

Environmental Control (SC DHEC). This SIP revision updates the

emissions inventory and emissions budget established in the Cherokee

County Ozone Maintenance Plan for conducting transportation conformity

analyses in accordance with the requirements of the Clean Air Act

(CAA).

DATES: This direct final rule is effective February 16, 1999 without

further notice, unless EPA receives adverse comment by January 19,

1999. If adverse comments are received, EPA will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect.

ADDRESSES: All comments should be addressed to Lynorae Benjamin at

Region 4 EPA Air, Pesticides and Toxics Management Division, Air

Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303.

Copies of the documents relative to this action are available for

public inspection during normal business hours at the following

locations. Persons wanting to examine these documents should make an

appointment with the appropriate office at least 24 hours before the

visiting day. Reference file number SC-035-9833. The Region 4 office

may have additional background documents not available at the other

locations.

Air and Radiation Docket and Information Center (Air Docket 6102),

EPA, 401 M Street, SW, Washington, DC 20460.

EPA, Region 4 Air, Pesticides and Toxics Management Division, Air

Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303.

SC DHEC, Bureau of Air Quality, 2600 Bull Street, Columbia, South

Carolina 29201.

FOR FURTHER INFORMATION CONTACT: Lynorae Benjamin at (404) 562-9040.

Reference file SC-035-9833.

SUPPLEMENTARY INFORMATION: The following sections: Background, Analysis

of the State's Submittal, and Final Action, provide additional

information concerning the revisions to the Cherokee County Ozone

Maintenance Area portion of the South Carolina SIP.

I. Background

On November 6, 1991, Cherokee County was designated by EPA as a

marginal nonattainment area because of multiple exceedances in 1988 of

the National Ambient Air Quality Standard (NAAQS) for ozone at the air

quality monitor located in the Cowpens National Battle Field. After

three consecutive years of satisfactory air quality data, Cherokee

County was redesignated to attainment for the one hour ozone standard

on December 15, 1992. A maintenance plan for Cherokee County was

submitted to and approved by EPA to help assure continued attainment of

the ozone standard. MOBILE model 4.1 (the current model at that time)

was used to estimate the emissions inventory and emissions budgets for

the maintenance plan.

Any update to the mobile emissions budget must use the latest

planning assumptions including the currently approved version of the

mobile model. The update contained in this SIP submittal uses MOBILE

5a, the currently specified model for use in the preparation or

revision of implementation plans in maintenance areas, to the estimate

emissions inventory and emissions budgets.

II. Analysis of the State's Submittal

As stated previously, this SIP submittal is based on MOBILE 5a, the

currently specified model for use in the preparation or revision of

implementation plans in maintenance areas, to estimate the emissions

inventory and emissions budget levels. This revision also incorporates

the addition of an emissions safety margin to the on-road emissions

source category. The safety margin is made possible by an emissions

reduction in the area source category for nitrogen oxides

(NOX)and volatile organic compounds (VOC) emissions from

residential wood burning. The previous SIP submittal overestimated

emissions from residential wood burning. Furthermore, the previous SIP

submittal used a projected population growth from 1990 to 2002 of 11.6

percent based on the 1992 South Carolina Statistical Abstracts. More

recent data from the 1995 South Carolina Abstracts indicate that the

projected growth rate will be 12.5 percent for that period of time.

The CAA, as amended in 1990, defines conformity to an

implementation plan as conformity to the plan's purpose of reducing the

severity and number of violations of the NAAQS and achieving

expeditious attainment of such standards. Specifically, the CAA

requires that transportation improvement programs (TIP) and long range

transportation plans that are federally funded or approved not cause or

contribute to any new violation, increase the frequency or severity of

any existing violation, or delay timely attainment of any standard or

any required interim emission reductions or other milestones in any

area. Therefore, the emissions expected from implementation of such

transportation plan and programs must be consistent with estimates of

emissions from a maintenance plan.

This SIP contains comprehensive inventories for VOC,

NOX, and carbon monoxide (CO) emissions for the Cherokee

County Maintenance Area. The inventories include point sources, area

sources, on-road mobile, non-road mobile, and biogenic sources,

including the safety margin. The emissions safety margin and the on-

road emissions source category, combined, comprise the total conformity

emissions budget.

The following tables list a summary of the CO, NOX, and

VOC emissions for 1990, as well as a projection of these emissions for

2002. The 1990 data was taken from the ``1990 Base Year Ozone Emissions

Inventory for Cherokee County, South Carolina Nonattainment Area,''

March 1995. The on-road mobile source projections are based on MOBILE

5a modeling. All other projections are based on population growth from

the 1995 South Carolina Statistical Abstracts. The projected population

growth from 1990 to 2002 is 12.5 percent.

[[Page 70020]]

Cherokee County Maintenance Area--Summary: Daily and Annual Emissions Projections for 1990 through 2002

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Tons/Day Tons/Year

Pollutant -----------------------------------------------------------------------------

1990 2000 2002 1990 2000 2002

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VOC............................... 43.47 42.33 42.41 10,148.40 9,739.86 9,772.69

NOX............................... 9.38 9.24 9.15 3,439.30 3,388.29 3,357.73

CO................................ 74.23 46.64 44.24 30,096.10 20,338.60 19,527.31

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Cherokee County Maintenance Area--Daily and Annual VOC Emissions Projections for 1990 through 2002

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Tons/Day Tons/Year

VOC Emissions -----------------------------------------------------------------------------

1990 2000 2002 1990 2000 2002

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Point Sources..................... 2.02 2.23 2.27 614.10 677.97 690.86

Area Sources...................... 3.79 4.19 4.27 1,596.40 1,762.43 1,795.95

On-road Mobile.................... 6.11 4.32 4.28 2,229.20 1,578.37 1,563.29

Non-road Mobile................... 0.23 0.25 0.26 71.10 78.49 79.99

Biogenic Sources.................. 31.32 31.32 31.32 5,637.60 5,637.60 5,637.60

Safety margin..................... NA 0.01 0.01 NA 5.00 5.00

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Total......................... 43.47 42.32 42.41 10,148.40 9,739.86 9,772.69

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Cherokee County Maintenance Area--Daily and Annual NOx Emissions Projections for 1990 through 2002

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Tons/Day Tons/Year

NOX Emissions -----------------------------------------------------------------------------

1990 2000 2002 1990 2000 2002

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Point Sources..................... 0.82 0.91 0.93 270.20 298.30 303.98

Area Sources...................... 0.21 0.23 0.24 147.10 162.40 165.49

On-road Mobile.................... 7.79 7.45 7.34 2,843.90 2,720.97 2,677.91

Non-road Mobile................... 0.55 0.61 0.62 178.10 196.62 200.36

Biogenic Sources.................. NA NA NA NA NA NA

Safety margin..................... NA 0.03 0.03 NA 10.00 10.00

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Total......................... 9.37 9.23 9.16 3,439.30 3,388.29 3,357.74

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Cherokee County Maintenance Area--Daily and Annual CO Emissions Projections for 1990 through 2002

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Tons/Day Tons/Year

CO Emissions -----------------------------------------------------------------------------

1990 2000 2002 1990 2000 2002

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Point Sources..................... 0.26 0.29 0.29 83.20 91.85 93.60

Area Sources...................... 5.84 6.45 6.57 5,319.70 5,872.95 5,984.66

On-road Mobile.................... 64.92 36.36 33.77 23,695.80 13,272.67 12,326.98

Non-road Mobile................... 3.20 3.53 3.60 997.40 1,101.13 1,122.08

Biogenic Sources.................. NA NA NA NA NA NA

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Total......................... 74.22 46.63 44.23 30,096.10 20,338.60 19,527.32

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III. Final Action

EPA is approving the aforementioned changes to the SIP. The Agency

has reviewed this request for revision of the Federally approved SIP

for conformance with the provisions of the Amendments enacted on

November 15, 1990, and the Transportation Conformity Rule promulgated

on November 24, 1993 and amended on August 15, 1997. The Agency has

determined that this request conforms to those requirements. Therefore,

this action updates and revises the emissions inventory and emissions

budget for the Cherokee County Ozone Maintenance Area.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

relevant adverse comments be filed. This rule will be effective

February 16, 1999 without further notice unless the Agency receives

relevant adverse comments by January 19, 1999.

If the EPA receives such comments, then EPA will publish a timely

withdrawal of the final rule informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period for this rule. Any parties interested

in commenting on this rule should do so at this time. If no such

comments are received, the public is advised that this rule will be

effective

[[Page 70021]]

on February 16, 1999 and no further action will be taken on the

proposed rule.

The ozone SIP is designed to satisfy the requirements of part D of

the CAA and to provide for attainment and maintenance of the ozone

NAAQS. Approval of this motor vehicle emissions budget should not be

interpreted as authorizing the State to delete, alter, or rescind any

of the VOC or NOx emission limitations and restrictions

contained in the approved ozone SIP. Changes to ozone SIP VOC

regulations rendering them less stringent than those contained in the

EPA approved plan cannot be made unless a revised maintenance plan is

submitted to and approved by EPA. Unauthorized relaxations, deletions,

and changes could result in both a finding of non-implementation

[section 173(b) of the CAA] and in a SIP deficiency call made pursuant

to section 110 (a)(2)(H) of the CAA.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, ``Regulatory

Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, Enhancing the Intergovernmental Partnership, EPA

may not issue a regulation that is not required by statute and that

creates a mandate upon a State, local or tribal government, unless the

Federal government provides the funds necessary to pay the direct

compliance costs incurred by those governments, or EPA consults with

those governments. If EPA complies by consulting, E.O. 12875 requires

EPA to provide to the Office of Management and Budget a description of

the extent of EPA's prior consultation with representatives of affected

State, local and tribal governments, the nature of their concerns,

copies of any written communications from the governments, and a

statement supporting the need to issue the regulation. In addition,

E.O. 12875 requires EPA to develop an effective process permitting

elected officials and other representatives of State, local and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's rule does not create a mandate on State, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency. This rule is not subject to E.O. 13045 because it does

not involve decisions intended to mitigate environmental health or

safety risks.

D. Executive Order 13084

Under E.O. 13084, Consultation and Coordination with Indian Tribal

Governments, EPA may not issue a regulation that is not required by

statute, that significantly or uniquely affects the communities of

Indian tribal governments, and that imposes substantial direct

compliance costs on those communities, unless the Federal government

provides the funds necessary to pay the direct compliance costs

incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, E.O. 13084 requires EPA to

provide to the Office of Management and Budget, in a separately

identified section of the preamble to the rule, a description of the

extent of EPA's prior consultation with representatives of affected

tribal governments, a summary of the nature of their concerns, and a

statement supporting the need to issue the regulation. In addition,

E.O. 13084 requires EPA to develop an effective process permitting

elected officials and other representatives of Indian tribal

governments ``to provide meaningful and timely input in the development

of regulatory policies on matters that significantly or uniquely affect

their communities.'' Today's rule does not significantly or uniquely

affect the communities of Indian tribal governments. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

F. Disclaimer Language Approving SIP Revisions in Audit Law States

Nothing in this action should be construed as making any

determination or expressing any position regarding South Carolina's

audit privilege and penalty immunity law, South Carolina--``S.C. Code

Ann. Secs. 4857-57-10 et seq. (Supp. 1996) or its impact upon any

approved provision in the SIP, including the revision at issue here.

The action taken herein does not express or imply any viewpoint on the

question of whether there are legal deficiencies in this or any other

CAA program resulting from the effect of South Carolina's audit

privilege and immunity law. A state audit privilege and immunity law

can affect only state enforcement and cannot have any impact on federal

enforcement authorities. EPA may at any time invoke its authority under

the CAA, including, for example, sections 113, 167, 205, 211 or 213, to

enforce the requirements or prohibitions of the state plan,

independently of any state enforcement effort. In addition, citizen

enforcement under section 304 of the CAA is likewise unaffected by a

state audit privilege or immunity law.

G. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must

[[Page 70022]]

prepare a budgetary impact statement to accompany any proposed or final

rule that includes a Federal mandate that may result in estimated

annual costs to State, local, or tribal governments in the aggregate;

or to private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated annual costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

pre-existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

There are exceptions for actions that involve source specific

regulations and actions that contain the ``good cause'' clause for

making the action effective sooner than 60 days.

H. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This rule is not a

``major'' rule as defined by 5 U.S.C. 804(2).

I. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by February 16, 1999. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen oxides, Ozone, Reporting and recordkeeping requirements.

Dated: November 25, 1998.

A. Stanley Meiburg,

Acting, Regional Administrator, Region 4.

Part 52 of chapter I, title 40, Code of Federal Regulations, is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

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

Subpart PP--South Carolina

2. Section 52.2120, paragraph (e) is added to read as follows:

Sec. 52.2120 Identification of plan.

* * * * *

(e) EPA-approved South Carolina non-regulatory provisions.

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State

Provision effective EPA approval Comments

date date

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Cherokee County Ozone 06/26/98 December 18,

Attainment Demonstration and 1998.

Ten-year Maintenance Plan.

Narrative of the ``Emissions 06/26/98 December 18,

Inventory Projections for 1998.

Cherokee County''.

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[FR Doc. 98-33471 Filed 12-17-98; 8:45 am]

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