ENVIRONMENTAL PROTECTION AGENCY
AGENCY: Environmental Protection Agency.
40 CFR Part 52 and 81
Approval of Maintenance Plan and Designation of Areas for Air Quality Planning Purposes
57 FR 59300
December 15, 1992
ACTION: Final rule.
SUMMARY: On July 20, 1992, the State of South Carolina through the Department of Health and Environmental Control (DHEC) submitted a maintenance plan and a request to redesignate Cherokee County to attainment for ozone. The State has met the requirement for redesignation contained in section 107(d)(3)(E) of the Clean Air Act as amended in 1990 (CAA). EPA approves the maintenance plan and the redesignation of Cherokee County, South Carolina, to attainment for ozone.
DATES: This action will be effective on February 16, 1993 unless notice is received within 30 days that someone wishes to submit adverse or critical comments. If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Copies of the material submitted by South Carolina may be examined during normal business hours at the following locations:
Region IV Air Programs Branch, Environmental Protection Agency, 345 Courtland Street, Atlanta, Georgia 30365.
Bureau of Air Quality Control, South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, South Carolina 29201.
FOR FURTHER INFORMATION CONTACT: Scott Miller of the Region IV Air Programs Branch at 404-347-2864 and at the above address.
TEXT: SUPPLEMENTARY INFORMATION: In a Federal Register notice published November 6, 1991, Cherokee County was designated as nonattainment for ozone. This designation became effective 60 days later on January 6, 1992. On July 20, 1992, The Bureau of Air Quality Control (BAQC) of the South Carolina Department of Health and Environmental Control (DHEC) submitted a request for Cherokee County to be redesignated to attainment for ozone. This request was based on three years (1989, 1990, and 1991) of quality assured monitoring data which showed that Cherokee County had not violated the National Ambient Air Quality Standard (NAAQS) for ozone. The State of South Carolina has met all of the CAA requirements for redesignation pursuant to section 107(d)(3)(E). The requirements of section 107(d)(3)(E) are as follows:
Section 107(d)(3)(E)(i) The Administrator Has Determined That the Area Has Attained the National Ambient Air Quality Standard
South Carolina submitted air quality data showing that Cherokee County has attained the ozone NAAQS for ozone for the three year period, 1989-1991. During that period, there were no exceedances, and hence, no violations of the ozone standard.
Section 107(d)(3)(E)(ii) The Administrator Has Fully Approved the Applicable Implementation Plan for the Area Under Section 110(k)
Prior to the enactment of the Clean Air Act Amendments of 1990, Public Law 101-549, Cherokee County was a designated attainment area and had a fully approved attainment area SIP. 40 CFR 52.2120. As stated below, by this action today, EPA is approving Cherokee County's maintenance plan and has found that Cherokee County has met all of the applicable requirements under Section 110 and part D. Based on this, EPA believes that Cherokee County has a fully approved SIP under section 110(k) of the Act.
Section 107(d)(3)(iii) The Administrator Determines That the Improvement in Air Quality is Due to Permanent and Enforceable Reductions in Emissions Resulting From Implementation of the Applicable Implementation Plan and Applicable Federal Air Pollutant Control Regulations and Other Permanent and Enforceable Reductions
The Federal Motor Vehicle Control Program (FMVCP) requirements for lower tail pipe standards have reduced emissions in Cherokee County. In addition, the Federal requirements to reduce the Reid Vapor Pressure (RVP) of gasoline to 9.5 psi went into effect in Cherokee County during the Summer of 1989. The air quality data showing attainment of the standard is for the time period, 1989-1991, when this requirement was in effect. As required for nonattainment areas in the Southeast, an RVP of 7.8 psi went into effect on June 1, 1992, in Cherokee County. This is discussed further under the section on maintenance plans. Therefore, permanent enforceable VOC emissions reductions have been obtained through State and Federal control programs.
Section 107(d)(3)(E)(iv) The Administrator Has Fully Approved a Maintenance Plan for the Area as Meeting the Requirements of Section 175A
South Carolina has submitted a maintenance plan as required in section 175A of the Act. The maintenance plan includes a requirement to assess growth factors on a triennial basis with the contingency to assess on a yearly basis if the projection inventory is exceeded by 10% or more. The projection inventory reflects the allowable emission rate and the expected actual production or activity level. The plan contains a contingency to implement additional control measures such as Control Technique Guideline (CTG) categories within nine (9) months should the area violate the ozone NAAQS. The plan also relies on a RVP of 9.0 psi. A RVP of 7.8 psi -- a more stringent standard -- went into effect for Cherokee County on June 1, 1992. However, since Cherokee has demonstrated that it can maintain the standard using the less stringent RVP of 9.0, EPA believes that the maintenance plan may be approved. Therefore, based on the maintenance demonstration, EPA plans to propose approval of the 9.0 psi RVP in the near future. Until such approval the 7.8 psi RVP will remain in place during the applicable months. In addition, South Carolina has committed to keep it's monitoring efforts in Cherokee County at the Cowpens National Park intact after redesignation. Therefore, EPA is approving the maintenance plan.
Section 107(d)(3)(E)(v) The State Containing Such Area Has Met All Requirements Applicable to the Area Under Section 110 and Part D
Prior to the CAA, all of South Carolina including Cherokee County, was designated as attainment and was not subject to any requirements of the CAA to date. Since its designation as nonattainment under the amended Act, none of the requirements under section 182(a) have become applicable. Also, the State agrees to meet conformity requirements of section 176(c)(4) once EPA guidance is issued. In addition, a PSD program exists and will apply in Cherokee County upon redesignation to attainment. Therefore, the State has complied with all requirements of section 110 and part D of the Act. In addition, South Carolina has taken an extra step beyond section 110 and part D by implementing RACT fixups statewide even though RACT is not required for South Carolina. Therefore, EPA believes that the State has met all applicable requirements of section 110 and Part D of the Act.
EPA is today redesignating Cherokee County to attainment for ozone. This action is being taken without prior proposal because the changes are noncontroversial and EPA anticipates no significant comments on them. The public should be advised that this action will be effective 60 days from the date of this Federal Register notice. However, if notice is received within 30 days that someone wishes to submit adverse or critical comments, this action will be withdrawn and two subsequent notices will be published before the effective date. One notice will withdraw the final action and another will begin a new rulemaking by announcing a proposal of the action and establishing a comment period.
For further information, the reader may consult a Technical Support Document which contains a detailed review of the material submitted. This is available at the EPA address given previously. Interested persons are invited to submit comments on this proposed approval. EPA will consider all comments received within thirty days of the publication of this notice.
Under 5 U.S.C. 605(b), the Administrator certifies that SIP approvals under sections 107, 110, 172 of the Clean Air Act will not have a significant economic impact on a substantial number of small entities. Redesignations, therefore, do not add any additional requirements for small entities. Moreover, due to the nature of the Federal-State relationship under the Clean Air Act, preparation of a flexibility analysis for a SIP approval would constitute Federal inquiry into the economic reasonableness of the State actions. The Clean Air Act forbids EPA to base it's actions concerning SIPs on such grounds.
Under section 307(b)(1) of the Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 16, 1993. This action shall not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) The Office of Management and Budget has exempted this rule from the requirements of section 3 of Executive Order 12291.
Nothing in this action shall be construed as permitting or allowing or establishing a precedent for any future request for a redesignation of any nonattainment area. Each request for redesignation of any nonattainment area shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not for profit enterprises, and government entities with jurisdiction over populations of less than 50,000.
List of Subjects
40 CFR Part 52
Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: October 28, 1992.
Patrick M. Tobin, Acting Regional Administrator.
Chapter I, Title 40 of the Code of Federal Regulations is to be amended as follows:
PART 52 -- [AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart PP -- South Carolina
2. Section 52.2120 is amended by adding paragraph (c)(36) to read as follows:
@ 52.2120 Identification of plan.
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(c) * * *
(36) The maintenance plan for Cherokee County submitted by the South Carolina Department of Health and Environmental Control on July 20, 1992, as part of the South Carolina SIP.
(i) Incorporation by reference.
(A) Cherokee County Ozone Attainment Demonstration and Ten Year Maintenance Plan effective June 11, 1992.
(B) Emissions Inventory Projections for Cherokee County effective June 11, 1992.
(ii) Other material.
(A) July 20, 1992 letter from the Department of Health and Environmental Control. Ten Year Maintenance Plan effective June 11, 1992.
(B) Emission Inventory Projections for Cherokee County effective June 11, 1992.
(iii) Other material.
(A) July 20, 1992 letter from the Department of Health and Environmental Control.
PART 81 -- DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7642.
2. Section 81.341 is amended by revising the attainment status designation table for Ozone to read as follows:
@ 81.341 South Carolina.
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South Carolina -- Ozone (O 3 ). Designated Designation Classification area Date 1 Type Date 1 Type Statewide Unclassifiable /Attainment Abbeville County Aiken County Allendale County Anderson County Bamberg County Barnwell County Beaufort County Berkeley County Calhoun County Charleston County Cherokee County February 16, 1993 Chester County Chesterfield County Clarendon County Colleton County Darlington County Dillon County Dorchester County Edgefield County Fairfield County Florence County Georgetown County Greenville County Greenwood County Hampton County Horry County Jasper County Kershaw County Lancaster County Laurens County Lee County Lexington County Manon County Marlboro County McCormick County Newberry County Oconee County Orangeburg County Pickens County Richland County Saloda County Spartanburg County Sumter County Union County Williamsburg County York County
1 This date is November 15, 1990, unless otherwise noted.
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[FR Doc. 92-30425 Filed 12-14-92; 8:45 am]
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