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Approval and Promulgation of Implementation Plans South Carolina: Approval of Revisions to the 1-Hour Ozone Maintenance State Implementation Plan for the Cherokee County
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 26, 2002 (Volume 67, Number 81)]
[Rules and Regulations]
[Page 20647-20651]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap02-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SC-039; 043-200222(a); FRL-7202-4]
Approval and Promulgation of Implementation Plans South Carolina:
Approval of Revisions to the 1-Hour Ozone Maintenance State
Implementation Plan for the Cherokee County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Cherokee County 1-hour ozone
maintenance area portion of the South Carolina Air Quality State
Implementation Plan (SIP), submitted by the South Carolina Department
of Health and Environmental Control (SC DHEC) on January 31, 2002. This
SIP revision satisfies the requirement of section 175A(b) of the Clean
Air Act (CAA) for the second 10-year update for the Cherokee County
maintenance plan. Additionally, this submittal explicitly identifies
the motor vehicle emission budgets (`budgets') for oxides of nitrogen
(NOX) and volatile organic compounds (VOC). In this action,
EPA is also approving and finding adequate Cherokee County's `budgets'
for NOX and VOC supplied in this updated maintenance plan.
These budgets,
[[Page 20648]]
identified for the year 2012, will be used for the purposes of
conducting transportation conformity analyses for Cherokee County, in
accordance with the requirements of the CAA amendments of 1990 and the
Transportation Conformity rule.
DATES: This direct final rule is effective on June 25, 2002 without
further notice, unless EPA receives adverse written comment by May 28,
2002. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the action will not take effect. EPA will subsequently
respond to submitted comments and take final action on the parallel
proposed rule published elsewhere in the proposed rules section of this
Federal Register.
ADDRESSES: All comments should be addressed to: Sean Lakeman or Lynorae
Benjamin at the EPA, Region 4 Air Planning Branch, 61 Forsyth Street,
SW, Atlanta, Georgia 30303-8960.
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-039; 043-200222. 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.
SC DHEC, Bureau of Air Quality, 2600 Bull Street, Columbia, South
Carolina 29201.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Planning
Section, Air, Pesticides and Toxics Management Division, Region 4,
Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth
Street, SW, Atlanta, Georgia 30303-8960. Mr. Lakeman's telephone number
is (404) 562-9043. He can also be reached via electronic mail at
lakeman.sean@epa.gov.
Lynorae Benjamin, Air Quality Modeling and Transportation Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
Region 4, Environmental Protection Agency, Atlanta Federal Center, 61
Forsyth Street, SW, Atlanta, Georgia 30303-8960. Ms. Benjamin's
telephone number is (404) 562-9040. She can also be reached via
electronic mail at benjamin.lynorae@epa.gov.
SUPPLEMENTARY INFORMATION: The following provides additional
information and EPA's rationale for approving the revisions to the 1-
hour ozone maintenance plan for the Cherokee County portion of the
South Carolina SIP.
A. What Is the Background for This Action?
On November 6, 1991, Cherokee County, South Carolina 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 1-hour ozone
standard on December 15, 1992 (57 FR 59300). A ten-year maintenance
plan for Cherokee County was submitted to and approved by EPA to help
assure continued attainment of the 1-hour ozone standard. The mobile
emission model, MOBILE 4.1 (the current model at that time), was used
to estimate the emissions inventory for VOC, NOX, and carbon
monoxide (CO) for the maintenance plan. The last year for the
maintenance plan is 2002.
Through direct final rulemaking, published in the Federal Register
on December 18, 1998, EPA approved revisions to the 1-hour ozone
maintenance plan for the Cherokee County portion of the South Carolina
SIP submitted on June 27, 1998, by the State of South Carolina (63 FR
70019). The primary purpose of that action was to incorporate revised
motor vehicle emissions budgets for NOX and VOC for Cherokee
County, South Carolina, into the SIP. Specifically, that approval
action updated emission projections previously developed with the
MOBILE 4.1 emissions model with emission projections developed with the
MOBILE 5a emissions model. Further, that action specified that the
emission projections for the on-road emissions source category combined
with the available safety margin, were being considered as ``budgets''
to be used for demonstration of conformity of transportation plans,
programs, and projects with the South Carolina SIP for the Cherokee
County 1-hour ozone maintenance area. The safety margin was made
possible by emission reductions in the area source category for
NOX and VOC emissions from residential wood burning. The
previous SIP submittal overestimated emissions from residential wood
burning. A ``safety margin'' is the difference between the attainment
level of emissions (from all sources) and the projected level of
emissions (from all sources) in the maintenance plan. The budget years
that resulted from that action were 2000 and 2002, the last year of the
maintenance plan.
B. What Did the State Submit?
On February 21, 2001, SC DHEC submitted a SIP revision updating
emission projections for the ten-year maintenance period immediately
following the last year (i.e., 2002) of the initial maintenance plan
submitted for Cherokee County, South Carolina. On January 31, 2002, SC
DHEC submitted a revision to the February 21, 2001, submittal that
removed the Tier 2/Low Sulfur credit from its earlier revision and
recalculated the emissions budget accordingly. These SIP revisions were
submitted to satisfy the requirement of section 175A(b) of the CAA and
contains comprehensive inventories for VOC, NOX, and CO
emissions for the Cherokee County maintenance area. The inventories
include point sources, area sources, on-road mobile, non-road mobile,
biogenic sources, and in some cases, a safety margin. The emission
projections for area and non-road sources applied growth factors of
10.4 percent for 2000 and 12.5 percent for 2002 to the base line 1990
emissions based on the 1995 South Carolina Statistical Abstracts. The
1990 data was taken from the ``1990 Base Year Ozone Emissions Inventory
for Cherokee County, South Carolina Nonattainment Area,'' March 1995.
Based on more recent data from the 1998 South Carolina Statistical
Abstracts, the State used a growth rate of 21.4 percent for the 2012
emissions projections. The on-road mobile source projections are based
on MOBILE 5a modeling. The following tables list a summary of the CO,
NOX, and VOC emissions for 1990 and 2000, as well as a
projection of these emissions for 2002 and 2012.
[[Page 20649]]
Cherokee County Maintenance Area--Summary: Daily and Annual Emission Projections for 1990 through 2012
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Tons/Day Tons/Year
Pollutant -------------------------------------------------------------------------------------------------------
1990 2000 2002 2012 1990 2000 2002 2012
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VOC............................................. 43.47 42.32 42.41 43.28 10,148.40 9,739.86 9,772.63 10,104.83
NOX............................................. 9.37 9.23 9.16 8.36 3,439.30 3,388.29 3,357.74 3,068.34
CO.............................................. 74.22 46.67 44.23 40.04 30,096.10 20,338.54 19,527.32 18,299.39
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Cherokee County Maintenance Area--Daily and Annual VOC Emission Projections for 1990 through 2012
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Tons/Day Tons/Year
VOC Emissions -------------------------------------------------------------------------------------------------------
1990 2000 2002 2012 1990 2000 2002 2012
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Point Sources................................... 2.02 2.23 2.27 2.51 614.10 677.97 690.86 763.14
Area Sources.................................... 3.79 4.19 4.27 4.61 1,596.40 1,762.43 1,795.95 1,938.03
On-road Mobile.................................. 6.11 4.32 4.28 4.59 2,229.20 1,578.37 1,563.23 1,674.74
Non-road Mobile................................. 0.23 0.25 0.26 0.24 71.10 78.49 79.99 86.32
Biogenic Sources................................ 31.32 31.32 31.32 31.32 5,637.60 5,637.60 5,637.60 5,637.60
Safety Margin................................... NA 0.01 0.01 0.01 NA 5.00 5.00 5.00
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Total....................................... 43.47 42.32 42.41 43.28 10,148.40 9,739.86 9,772.63 10,104.83
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Cherokee County Maintenance Area--Daily and Annual NOX Emission Projections for 1990 through 2012
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Tons/Day Tons/Year
NOX Emissions -------------------------------------------------------------------------------------------------------
1990 2000 2002 2012 1990 2000 2002 2012
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Point Sources................................... 0.82 0.91 0.93 1.02 270.20 298.30 303.98 335.78
Area Sources.................................... 0.21 0.23 0.24 0.26 147.10 162.40 165.49 178.58
On-road Mobile.................................. 7.79 7.45 7.34 6.38 2,843.90 2.720.97 2,677.91 2,327.77
Non-road Mobile................................. 0.55 0.61 0.62 0.67 178.10 196.62 200.36 216.21
Biogenic Sources................................ NA NA NA NA NA NA NA NA
Safety Margin................................... NA 0.03 0.03 0.03 NA 10.00 10.00 10.00
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Total....................................... 9.37 9.23 9.16 8.36 3,439.30 3,388.29 3,357.74 3,068.34
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Cherokee County Maintenance Area--Daily and Annual CO Emission Projections for 1990 through 2012
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Tons/Day Tons/Year
CO Emissions -------------------------------------------------------------------------------------------------------
1990 2000 2002 2012 1990 2000 2002 2012
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Point Sources................................... 0.26 0.29 0.29 0.32 83.20 91.85 93.60 104.43
Area Sources.................................... 5.84 6.45 6.57 7.0 5,319.70 5,872.95 5,984.66 6,458.12
On-road Mobile.................................. 64.92 36.40 33.77 28.84 23,695.80 13,272.61 12,326.98 10,526.00
Non-road Mobile................................. 3.20 3.53 3.60 3.88 997.40 1,101.13 1,122.08 1,210.84
Biogenic Sources................................ NA NA NA NA NA NA NA NA
Total....................................... 74.22 46.67 44.23 40.04 30,096.10 20,338.54 19,527.32 18,299.39
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In addition to the updated emission projections and in accordance
with the requirements of the Transportation Conformity rule and its
subsequent amendments (i.e., 40 CFR part 93), the State explicitly
identifies the motor vehicle emission budgets for NOX and
VOC for 2012, and beyond. Until 2012, the applicable budgets for the
purposes of conducting transportation conformity analyses for Cherokee
County will continue to be the 2002 motor vehicle emissions budgets.
Transportation conformity means that the level of emissions from the
transportation sector (cars, trucks and buses) must be consistent with
the requirements in the SIP to attain and maintain the air quality
standards. Section 176(c) of Clean Air Act, 42 U.S.C. 7506(c), states
that transportation plans, programs and projects conform to an
effective implementation plan. The Transportation Conformity Rule and
its subsequent amendments require an ozone maintenance area, such as
Cherokee County, to compare the actual projected emissions from cars,
trucks and buses on the highway network, to the motor vehicle emission
budgets established by a maintenance plan. Our approval of this
maintenance plan establishes the motor vehicle emission budgets for
transportation conformity purposes. See section entitled, What are the
motor vehicle emissions budgets for Cherokee County, South Carolina?,
of this rulemaking for more details.
C. Does the State Submittal Meet the SIP Approval Requirements
Under Section 110?
This SIP submittal meets the requirements outlined in section 110
and Part D of Title I of the CAA amendments and 40 CFR part 51
(Requirements for Preparation, Adoption and Submittal of
[[Page 20650]]
Implementation Plans). Further, the SIP submittal meets the
requirements of the Transportation Conformity Rule and its subsequent
amendments (i.e., 40 CFR part 93).
D. What Are the Motor Vehicle Emissions Budgets for Cherokee
County, South Carolina?
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 projects, 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 projects, plans and programs must
be consistent with estimates of emissions from a maintenance plan. As
such, SC DHEC has specifically identified emission budgets for VOC and
NOX for the Cherokee County maintenance area.
Section 2.5, Motor Vehicle Emissions Budget, of the State's
submittal explicitly defines the on-road mobile sources portion of the
emissions inventory for VOC and NOX as the motor vehicle
emission budgets to be used by the South Carolina Department of
Transportation and transportation authorities to assure that
transportation plans, programs, and projects are consistent with, and
conform to, the long-term maintenance of the 1-hour ozone standard in
Cherokee County. An emissions budget is the level of controlled
emissions from the transportation sector (mobile sources) projected by
the state and included in the SIP. The SIP controls emissions through
regulation, for example, of fuels and exhaust levels for cars. The
emissions budget concept is further explained in the preamble to the
November 24, 1993, transportation conformity rule (58 FR 62188). The
preamble also describes how states establish the motor vehicle emission
budgets in the SIP and revise the emissions budget. The following table
highlights the motor vehicle emission budgets for NOX and
VOC for the Cherokee County maintenance area in South Carolina.
2012 Motor Vehicle Emissions Budgets for Cherokee County
------------------------------------------------------------------------
NOX (tons
VOC (tons per day) per day)
------------------------------------------------------------------------
4.59....................................................... 6.38
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Through this action, EPA is notifying the public that we believe
the ``budgets'' for VOC and NOX identified in the Cherokee
County 1-hour ozone maintenance plan update are adequate for conformity
purposes and approvable as part of the maintenance plan for this area,
because in addition to meeting the requirements of section 175A and
107(d), adequate opportunity for public comment on these ``budgets''
was provided through the State public comment process and the adequacy
process (posted February 12, 2002). As of March 14, 2002, the close of
the public notice period, there were no requests for copies of the
State's submittal for public review or comment.
E. What is the Process for EPA Approval of This Action?
EPA is publishing approval for this rule without prior proposal
because the Agency views this as a noncontroversial action and
anticipates no adverse comment. However, in a separate document in this
Federal Register publication, EPA is proposing to approve this action
should adverse written comments be filed. This action will be effective
on June 25, 2002 without further notice unless EPA receives adverse
comment by May 28, 2002. If EPA receives adverse comment, EPA will
publish a timely withdrawal in the Federal Register informing the
public that the clarification for this rule will not take effect. EPA
will address all public comments in a subsequent final rule based on
the proposed rule. EPA will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time.
Final Action
EPA is approving revisions to the 1-hour ozone maintenance plan to
update emission projections for the next ten-year maintenance period
for the Cherokee County, South Carolina maintenance area. Additionally,
EPA is deeming adequate and approving the motor vehicle emission
budgets for the Cherokee County maintenance area for VOC and
NOX for the year 2012, and beyond.
Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission,
[[Page 20651]]
to use VCS in place of a SIP submission that otherwise satisfies the
provisions of the Clean Air Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 25, 2002. 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, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements.
Dated: April 18, 2002.
Winston A. Smith,
Acting for Regional Administrator, Region 4.
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. Revise Sec. 52.2120(e) 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 date EPA approval date Explanation
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Cherokee County Ozone Ten Year 01/31/02 April 26, 2002.
Maintenance Plan.
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[FR Doc. 02-10334 Filed 4-25-02; 8:45 am]
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