[Federal Register Volume 62, Number 115 (Monday, June 16, 1997)]
[Rules and Regulations]
[Pages 32537-32538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15732]
[[Page 32537]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SC33-1-9714a; FRL-5840-5]
Approval and Promulgation of State Implementation Plan, South
Carolina: Adoption of General Conformity Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On November 8, 1996, the South Carolina Department of Health
and Environmental Control (SCDHEC) submitted revisions to the U.S.
Environmental Protection Agency (EPA) concerning the adoption of
general conformity rules into the South Carolina State Implementation
Plan (SIP). Since general conformity rules are required by Section 176
of the Clean Air Act (CAA) in all nonattainment and maintenance areas,
these revisions are being incorporated into the Federally approved
South Carolina SIP.
DATES: This final rule is effective August 15, 1997 unless adverse or
critical comments are received by July 16, 1997. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments on this action should be addressed to Mr.
Gregory O. Crawford at the EPA Regional Office listed below.
Copies of the documents relative to this action are available for
public inspection during normal business hours at the following
locations. The interested persons wanting to examine these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington DC 20460
Environmental Protection Agency, Region 4, Air Planning Branch, 61
Forsyth Street, Atlanta, Georgia 30303, (404) 562-9042
South Carolina Department of Health and Environmental Control, 2600
Bull Street, Columbia, South Carolina, 29201, (803) 734-4750.
FOR FURTHER INFORMATION CONTACT: Gregory O. Crawford, Regulatory
Planning Section, Air Planning Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 61
Forsyth Street, Atlanta, Georgia, 30303. The telephone number is (404)
562-9042.
SUPPLEMENTARY INFORMATION: On November 6, 1991, EPA designated Cherokee
County, South Carolina, as a nonattainment area for the ozone National
Ambient Air Quality Standard (NAAQS). Cherokee County was officially
redesignated to attainment and classified as a maintenance area on
February 16, 1993. In the November 30, 1993, Federal Register (58 FR
63214), EPA issued a final rule establishing criteria and procedures
for determining conformity of general Federal actions to state or
Federal implementation plans. Because Cherokee County is a maintenance
area, the general conformity rule is applicable. Before any industrial
development requiring approval from a Federal agency can occur, a
determination must be reached that such action, when taken, will
conform to the South Carolina SIP to maintain the NAAQS for ozone. The
State was therefore required to revise their SIP, to include general
conformity criteria and procedures that are consistent with those in
the Federal rule. On September 27, 1996, SCDHEC formally adopted
criteria and procedures for demonstrating and assuring the ``Conformity
of General Federal Actions to the South Carolina Air Quality
Implementation Plan.'' These regulations were submitted to EPA on
November 8, 1996 for adoption into the Federally enforceable state
implementation plan.
EPA has evaluated this SIP revision and has determined that the
SCDHEC has fully adopted by reference, the provisions of the Federal
general conformity rules specified in 40 CFR part 51, subpart W.
Therefore, EPA believes that the State has met all applicable
requirements, and is approving the SIP revision concerning the adoption
of the general conformity regulations.
Final Action
EPA is approving South Carolina's general conformity rule because
it meets the Agency's requirements. The EPA is publishing this action
without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comments.
However, in a separate document in this Federal Register publication,
the EPA is proposing to approve the SIP revision should adverse or
critical comments be filed. This action will be effective August 15,
1997 unless, by July 16, 1997 adverse or critical comments are
received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective August 15, 1997.
The Agency has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the 1990 Amendments
enacted on November 15, 1990. The Agency has determined that this
action conforms with those requirements.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
I. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-state relationship under the
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CAA, preparation of a flexibility analysis would constitute Federal
inquiry into the economic reasonableness of state action. The CAA
forbids EPA to base its actions concerning SIPs on such grounds. Union
Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66 1976; 42 U.S.C.
7410(a)(2) and 7410 (k)(3).
C. 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 prepare a budgetary impact statement to accompany any proposed or
final rules that include a Federal mandate that may result in estimated
costs to State, Local, or tribal governments in the aggregate; or to
the 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 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
federal requirements. Accordingly, no additional costs to State, Local,
or tribal governments, or to the private sector, result from this
action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
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 August 15, 1997. 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 the
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, Intergovernmental relations, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and record keeping requirements,
Sulfur oxides.
Dated: May 19, 1997.
A. Stanley Meiburg,
Acting Regional Administrator.
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. 7401-7671q.
Subpart PP--South Carolina
2. Section 52.2133 is added to read as follows:
Sec. 52.2133 General conformity.
The General Conformity regulations adopted into the South Carolina
State Implementation Plan which were submitted on November 8, 1996.
South Carolina incorporated by reference regulations 40 CFR part 51,
subpart W--determining conformity of General Federal Actions to State
or Federal Implementation Plans.
[FR Doc. 97-15732 Filed 6-13-97; 8:45 am]
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