Environmental Protection Agency (EPA).
Proposed rule.
The EPA is proposing to approve revisions to the State Implementation Plans (SIPs) submitted by the South Carolina Department of Health and Environmental Control (SC DHEC) and Georgia Environmental Protection Division (EPD) on December 31, 2004. These revisions are submitted pursuant to the Early Action Compact (EAC) Protocol
Comments must be received on or before June 27, 2005.
Submit your comments, identified by Regional Material in EDocket (RME) ID No. R04–OAR–2005–
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Nacosta C. Ward, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9140. Ms. Ward can also be reached via electronic mail at
Throughout this document, wherever “we,” “our,” and “us” is used, we mean EPA.
Today we are proposing to approve revisions to the South Carolina and Georgia SIPs under sections 110 and 116 of the Clean Air Act (“CAA” or “the Act”). These revisions demonstrate attainment and maintenance of the 8-hour ozone standard, 0.08 parts per million (ppm),
The “SIP” is the State Implementation Plan required by section 110 of the CAA and its implementing regulations. In essence, the SIP is a set of air pollution regulations, control strategies, and technical analyses developed by the state, to ensure that the state meets the National Ambient Air Quality Standards (NAAQS). Once included in the SIP, these regulations, strategies, and analyses are federally enforceable by EPA. The NAAQS are established under section 109 of the Act and they currently address six criteria pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. These SIPs can be extensive, containing state regulations or other enforceable documents and supporting information such as emission inventories, monitoring networks, and modeling demonstrations. Discussed in greater
Ozone is formed by a series of chemical reactions involving nitrogen oxides (NO
An “EAC” is an “Early Action Compact.” This is an agreement between a State, local governments, and EPA to implement measures not necessarily required by the CAA in order to achieve cleaner air as soon as possible. Communities close to or exceeding the 8-hour ozone standard that have elected to enter into an EAC have started reducing air pollution at least two years sooner than required by the Act. In many cases, these reductions will be achieved by local air pollution control measures not otherwise mandated under the Act. The program was designed for areas that approach or monitor exceedances of the 8-hour standard, but are in attainment for the 1-hour ozone standard. The 1-hour ozone standard will be revoked as of June 15, 2005 in most areas. It will not be revoked for previous 1-hour nonattainment areas that are 8-hour EAC areas, such as the Nashville, Tennessee and Greensboro-Winston Salem-High Point, North Carolina 1-hour area (the Triad 8-hour EAC area).
The initial choice to enter into an EAC was voluntary on behalf of the local officials and State air quality officials. EPA believes that early planning and implementation of control measures that improve air quality will likely accelerate protection of public health. The EAC program allows participating State and local entities to make decisions that will accelerate meeting the new 8-hour ozone standard using local pollution control measures in addition to federally mandated measures. While the choice of entering into an EAC was voluntary, all measures adopted as part of the EAC are now being proposed for incorporation into the SIP and will be mandatory and federally enforceable.
In Region 4, EPA initially received 22 requests to enter into EACs in December 2002, including 100 counties in four states. Currently, there are 17 areas and 85 counties included in the EAC program in four states. Of those 17, only eight areas received a deferral of their nonattainment designation. Five of the eight areas that have a deferred nonattainment designation are now attaining the 8-hour ozone standard and modeling attainment into the future. Consistent with EPA's EAC Protocol, states with communities participating in the EAC program had to submit plans for meeting the 8-hour ozone standard by December 31, 2004, rather than June 15, 2007, the CAA deadline for all other areas not meeting the standard. The EAC Protocol further requires communities to develop and implement air pollution control strategies, account for emissions growth and demonstrate attainment by 2007 and maintenance for at least five years of the 8-hour ozone standard. Greater details of the EAC program are explained in EPA's December 16, 2003, (68 FR 70108) proposed
On December 20, December 27, and December 31, 2002, South Carolina submitted signed EACs for the South Carolina-Georgia EAC Areas (see Section I). Georgia EPD submitted materials supporting the Lower Savannah EAC Area on December 31, 2002. The EACs were signed by representatives of the local communities, State air quality officials in both Georgia and South Carolina, and the Regional Administrator. The South Carolina and Georgia EAC area designations are discussed further in Section V of today's proposal. To date, the South Carolina-Georgia EAC Areas have met all EAC milestones and, as long as EAC areas continue to meet the agreed upon milestones, the nonattainment designations will be deferred until April 15, 2008. At that time, EAC areas with air quality monitoring data showing attainment for the years 2005–2007 that have met all compact milestones will be designated attainment.
In April 2004, EPA designated areas as nonattainment for the 8-hour ozone NAAQS based upon air quality monitoring data during the 2001–2003 ozone seasons. On April 30, 2004, (69 FR 23858) the EPA published a Final Rule in the
Currently, eight out of the ten South Carolina-Georgia EAC Areas do not have deferred nonattainment designations and are participating in the EAC process to demonstrate their support of cleaner air statewide. There are only two areas, Appalachian and Central Midlands, in South Carolina, with nonattainment-deferred designations that are participating in the EAC program. Those counties in the Appalachian, Anderson, Greenville, and Spartanburg, South Carolina areas are now attaining the 8-hour ozone standard based on 2002–2004 air quality monitoring data. Those counties in the Central Midlands, Lexington and Richland, South Carolina areas are very close to the standard and are modeling attainment by 2007. To date, the South Carolina-Georgia EAC Areas have met all EAC milestones and,
In developing its SIP, an area will typically evaluate necessary control measures using modeling programs to determine how that area can meet and maintain the NAAQS. This process is no different for EAC areas which used modeling and screening tests to evaluate attainment and maintenance of the 8-hour ozone standard. The attainment tests use ambient air quality monitored design values with model-generated ozone concentration data. The test is applied at each monitor in the area as well as applicable unmonitored modeling sites in the EAC area. A future year design value is developed by multiplying the ratio of the future year to current year model-predicted 8-hour daily maximum ozone concentrations by a current design value. The current design value is developed from air quality monitored data. Under EPA regulations at 40 CFR Part 50, the 8-hour ozone standard is attained when the 3-year average of the annual fourth-highest daily maximum 8-hour average ambient ozone concentrations is less than or equal to 0.08 ppm. (
The South Carolina modeling was developed consistent with the EPA draft modeling guidance and EAC Protocol guidance that was available when the modeling was conducted.
EPA, June, 2002. “Protocol for Early Action Compacts Designed to Achieve and Maintain the 8–Hour Ozone Standard”. Located at
“Appendix W to 40 CFR Part 51: Guideline on Air Quality Models.” Located at
Although EPA guidance recommends use of a 1999 inventory for EAC areas, South Carolina's use of a 1998 inventory was allowed for a number of reasons. Most notably, the 1998 emissions inventory is considered more representative and conservative than the1999 emissions inventory. Other reasons are discussed in the South Carolina Technical Support Document (TSD). In evaluating South Carolina's request to use 1998 data, the State presented a comparison between the 1999 National Emissions Inventory and the 1998 State inventory. Although a discrepancy existed in the estimation of the area source emissions, the State was able to explain how the conclusions for attainment would not be compromised with the use of the 1998 emissions. Therefore, the State's analysis indicates that use of the 1998 inventory is acceptable for demonstrating attainment in EAC areas. (The TSDs to this document contain a more detailed discussion of this issue and other areas of the technical demonstration for attainment and maintenance.)
Using 1998 as its “current year,” the South Carolina modeling predicted that the State would attain the 8-hour ozone standard at all EAC area monitors for the future years of 2007, 2012 and 2017. The higher of the 1997–1999 and 2001–2003 design values were used in the application of the modeled and screening tests for the EAC modeling. The future-predicted design values using the South Carolina modeling are presented in Table 2. South Carolina—Georgia EAC Areas were modeling attainment without incorporating the local EAC measures into the modeling. Therefore, these additional measures, that will be required by the South Carolina and Georgia SIPs, will provide additional air quality benefits beyond what was presented in this modeling.
The Lower Savannah (Aiken/Augusta) EAC area is a multi-state area that includes counties in both Georgia and South Carolina. This area was designated attainment for the 8-hour ozone standard on June 15, 2004. Both states independently developed 8-hour ozone attainment demonstrations for the Aiken/Augusta EAC area. The Georgia modeling was developed consistent with existing EPA modeling and EAC Protocol guidance and is discussed in greater detail in the Georgia TSD. In Georgia, the air quality modeled concentrations were developed using the Community Multiscale Air Quality (CMAQ), a regional- and urban-scale, nested-grid photochemical air quality model. A current year of 2000 was modeled for the attainment test. Georgia's modeling demonstrated attainment of the 8-hour ozone standard for the future years of 2007 and 2012 for the Lower Savannah (Aiken/Augusta) EAC area using current design values from 1999–2001. This modeling by Georgia strengthens the results of South Carolina's modeling because the future year results are consistent in concluding attainment and maintenance of the 8-hour ozone standard. A comparison of the future-predicted design values as independently developed in the South Carolina and Georgia modeling are presented in Table 3.
In addition to control measures designed to attain and maintain the 8-hour ozone standard, South Carolina's EAC SIP submittal also includes a comprehensive maintenance plan. Specific details on the maintenance plan are contained in the South Carolina EAC SIP. In summary, South Carolina proposes to implement a maintenance plan similar to the requirements for section 175A of the Clean Air Act, which requires maintenance plans to be submitted for all areas redesignated from nonattainment to attainment. EPA's EAC Protocol required demonstration of maintenance of the 8-hour ozone standard through 2012; South Carolina's maintenance plan models attainment through 2017. The South Carolina EAC maintenance plan includes the following:
• An attainment demonstration for the 2007–2017 period. Future design values developed through modeling for 2007, 2012 and 2017 that are below 85 ppb at all monitors in the EAC areas; Table 2 presents these attainment test results.
• A commitment for a mid-point evaluation in 2012.
• A commitment to develop the maintenance plan for a second 10-year period for 2017–2027 and a schedule for developing that plan including emission inventories and air quality modeling:
• December 2004—SC DHEC submits EAC SIP, covering both attainment date of 2007 and first 10-year maintenance period through 2017.
• April 2005—SC DHEC and EAC areas implement EAC measures.
• December 2005—First annual tracking report is submitted to EPA.
• December 2006—Second annual tracking report is submitted to EPA.
• December 2007—Attainment date.
• December 2007—Third annual tracking report is submitted to EPA.
• April 2008—EPA designates area attainment for the 8-hour standard providing areas have 3 years of quality assured data showing attainment.
• December 2008—Fourth annual tracking report is submitted to EPA and continues for each year thereafter through the end of the maintenance period.
• January 2013—SC DHEC begins work on 10-year maintenance plan update.
• December 2015—Submits 10-year maintenance plan update.
• December 2027—20-year maintenance plan and annual tracking for growth concludes.
• Commitment to update the EAC plan and submit to EPA in 2015.
• Commitment to annually track stationary and highway mobile source emissions Provides triggers (emissions growth thresholds and rates) and actions (air quality analyses, modeling and adopting additional controls) to be performed to address emission growth.
• Based on the tracking of the growth of stationary source emissions, the maintenance plan commits to adopt and implement additional control measures, if needed, throughout the maintenance period.
• Commitment to perform air quality analyses reviews and report each December.
• Commitments for tracking and taking follow-up actions are in force unless the 8-hour ozone standard is revoked in the future. South Carolina believes that would happen only in the event that EPA revises or revokes the current 8-hour ozone standard of 0.08 parts per million. To date, EPA has not proposed any revisions to the ozone NAAQS.
• Commitment to evaluate, in 2008, whether or not a full modeling update is needed for all EAC areas.
• Provides the following timeline of actions and submittals for the maintenance plan from December 2004 to December 2027.
In addition to South Carolina's maintenance plan, the Georgia modeling indicates that maintenance of the 8-hour ozone standard will likely continue beyond the 2007 attainment date for the Aiken/Augusta EAC area. For further information, refer to Appendix 17—Augusta Early Action Compact Ozone State Implementation Plan Revision of the South Carolina EAC submittal. The Georgia and South Carolina TSDs are available in the electronic public docket, RME ID No. R04–OAR–2005–GA–0001 and R04–OAR–2005–SC–0001 (
EPA evaluation of the South Carolina and Georgia EAC modeling indicates that the South Carolina-Georgia EAC Areas will attain and maintain the 8-hour ozone standard at least until 2017. Even though the South Carolina and Georgia modeling demonstrations were independently developed using different assumptions, inventories, episodes, and models, the results were similar—consistent levels of future attainment are indicated and the future design values are below 85 ppb and within 3 ppb of each other for the Aiken/Augusta area. EPA's analysis indicates that the appropriate data and procedures were used to assess 8-hour ozone attainment for the Aiken/Augusta EAC areas, and all other South Carolina-Georgia EAC Areas. EPA's analysis moreover indicates that the combinations of local scale modeling and control strategies demonstrate attainment of the 8-hour ozone NAAQS for each South Carolina EAC area. Additional details of the South Carolina and Georgia EAC modeling are presented in the TSDs for the two state submittals.
The South Carolina and Georgia EACs incorporate both local and statewide control measures to attain and maintain the 8-hour ozone standard. Many of the measures outlined for inclusion in the SIP are not necessary for attainment or maintenance of the 8-hour ozone standard, but are additional measures that will improve air quality and South Carolina and Georgia have committed to implementing these additional measures through the EAC program.
Some of the measures used to model attainment are federal measures (national and regional measures) such as Phase I of the NO
The second statewide measure is additional restrictions on open burning. Regulation 61–62.2, Prohibition of Open Burning has been revised and deletes the exception for the burning of household trash and allows for certain residential construction waste to be burned only outside of the ozone season of April 1 through October 30. Therefore only certain types of “clean” wastes can be burned year round. A detailed description of the estimated NO
In addition to the measures adopted statewide, the South Carolina SIP submittal also includes many local measures to be incorporated into the SIP. This occurs primarily in the nonattainment-deferred county descriptions which contains detailed local measures with estimated reductions. For all county level emissions reductions, see Appendix 16—County Level Emission Reductions and Descriptions for the Ozone Early Action Compact Areas. These measures are outlined in the table below:
In addition to measures being implemented throughout the state of South Carolina, similar measures in the state of Georgia are likely to positively impact air quality in the Lower Savannah (Aiken/Augusta) EAC area. There are two counties in Georgia, Richmond and Columbia, participating in the Early Action Compact Program as a part of the Upper Savannah area. Georgia has statewide control measures that will be implemented and they are an open burning ban during the ozone season and Stage I Vapor Recovery. In addition to the open burning bans and Stage I Vapor Recovery measures, Richmond County and the City of Augusta may be pursuing a number of local measures, such as distributing information at public meetings about air quality and the impact of air pollution on human health, implementing projects in the regional bicycle and pedestrian plan, and smog alerts. A more detailed list of control measures under consideration was submitted with the December 2003 milestone report. Attachment B of the Georgia (Augusta) EAC SIP submittal contains a copy of a resolution of support for the Augusta EAC that the Augusta/Richmond Council adopted on April 20, 2004. The Georgia EPD has not incorporated any quantitative emission reductions from any current or planned local measures into the demonstration contained in this SIP.
In the April 30, 2004, (69 FR 23858) Final Rulemaking, EPA designated the counties of Anderson, Greenville, and Spartanburg, and partial counties of Lexington and Richland as nonattainment-deferred for the 8-hour ozone standard. In accordance with the April 30, 2004, (69 FR 23858) Final Rulemaking, the effective date of nonattainment for these counties in the EAC areas of Appalachian and Central Midlands, respectively, (
We are proposing to approve this EAC SIP submittal because the SIP submittals demonstrate attainment of the 8-hour ozone standard by December 31, 2007, and maintenance of that standard through 2017 in South Carolina and 2012 for Georgia. We have reviewed the submittals and determined that they are consistent with the requirements of the Act, EPA's policy, and the EAC Protocol. The TSDs for each state contain additional and more detailed information concerning this proposed action.
Approving the EAC submittals into the SIP will also mean that measures and controls identified therein become federally enforceable and the ten South Carolina-Georgia EAC Areas' citizens will start to benefit from reductions in
EPA is proposing to approve the attainment demonstration and the South Carolina-Georgia EACs of Appalachian, Catawba, Pee Dee, Waccamaw, Santee Lynches, Berkeley-Charleston-Dorchester, Low Country, Lower Savannah, Central Midlands, and Upper Savannah areas and incorporate these into the South Carolina and Georgia SIPs. The modeling of ozone concentrations and ozone precursor emissions from sources in the 47 counties within the South Carolina-Georgia EAC Areas demonstrate that the specified control strategies will provide for attainment of the 8-hour ozone NAAQS by December 31, 2007. These specified control strategies are consistent with the EAC program.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed 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 proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed 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
This proposed 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 proposes to approve 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 proposed 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 actions, 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, 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 proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
42 U.S.C. 7401