[Federal Register: June 1, 2009 (Volume 74, Number 103)]
[Rules and Regulations]
[Page 26099-26103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn09-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2008-0797-200824(a); FRL-8911-5]
Approval and Promulgation of Air Quality Implementation Plans:
South Carolina; Approval of Section 110(a)(1) Maintenance Plan for the
1997 8-Hour Ozone Standard for Cherokee County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
South Carolina State Implementation Plan (SIP) concerning the
maintenance plan addressing the 1997 8-hour ozone standard for Cherokee
County, South Carolina. This maintenance plan was submitted for EPA
action on December 13, 2007, by the State of South Carolina, and
ensures the continued attainment of the 1997 8-hour ozone national
ambient air quality standard (NAAQS) through the year 2014. EPA is
approving the SIP revision pursuant to section 110 of the Clean Air Act
(CAA). The maintenance plan meets all the statutory and regulatory
requirements, and is consistent with EPA's guidance. On March 12, 2008,
EPA issued a revised ozone standard. Today's action, however, is being
taken to address requirements under the 1997 8-hour ozone standard.
Requirements for the Cherokee County Area under the 2008 8-hour ozone
standard will be addressed in the future.
DATES: This rule is effective on July 31, 2009 without further notice,
unless EPA receives relevant adverse comment by July 1, 2009. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2008-0797, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2008-0797,'' 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.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2008-0797.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http: //www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http:/
/www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http: //www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the 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. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, 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. Zuri Farngalo may be reached
by phone at (404) 562-9152 or by electronic mail address
farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Analysis of the State's Submittals
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
In accordance with the CAA, the Cherokee County Area in South
Carolina was designated as a nonattainment area effective November 6,
1991 (56 FR 56694) because the area did not meet the 1-hour ozone
NAAQS.
On December 15, 1992, the State of South Carolina submitted a
request to redesignate the Cherokee County Area
[[Page 26100]]
to attainment for the 1-hour ozone standard. Included in the same
package along with the redesignation request, South Carolina submitted
the required 1-hour ozone monitoring data and maintenance plan ensuring
the areas would remain in attainment for the 1-hour ozone standard for
a period of 10 years. The maintenance plan submitted by South Carolina
followed applicable law and EPA guidance for the required period.
EPA approved South Carolina's request to redesignate the Cherokee
County, South Carolina area (67 FR 20647) to attainment for the 1-hour
ozone standard. The maintenance plan for Cherokee County was approved
on April 26, 2002, with an effective date of June 25, 2002 (67 FR
2647).
On April 30, 2004, EPA designated and classified areas for the 1997
8-hour ozone NAAQS (69 FR 23858), and published the final Phase 1 Rule
for implementation of the 1997 8-hour ozone NAAQS (69 FR 23951), also
known as the ``Phase 1 Implementation Rule.'' The Cherokee County Area
was designated as attainment for the 1997 8-hour ozone standard,
effective June 15, 2004. The attainment area consequently was required
to submit a 10-year maintenance plan under section 110(a) (1) of the
CAA and the Phase 1 Implementation Rule. On May 20, 2005, EPA issued
guidance providing information on how a State might fulfill the
maintenance plan obligation established by the CAA and the Phase 1
Implementation Rule (Memorandum from Lydia N. Wegman to Air Division
Directors, Maintenance Plan Guidance Document for Certain 8-hour Ozone
Areas Under Section 110(a)(1) of Clean Air Act, May 20, 2005--hereafter
referred to as `` Wegman Memorandum''). On December 22, 2006, the
United States Court of Appeals for the District of Columbia Circuit
issued an opinion that vacated EPA's Phase 1 Implementation Rule for
the 1997 8-hour Ozone Standard. (South Coast Air Quality Management
District v. EPA, 472 F.3d 882 (DC Cir. 2006).) The Court vacated those
portions of the Phase 1 Implementation Rule that provided for
regulation of the 1997 8-hour ozone nonattainment areas designated
under Subpart 1 in lieu of Subpart 2 (of part D of the CAA), among
other portions. The Court's decision does not alter any requirements
under the Phase 1 Rule for this maintenance plan. South Carolina's
December 13, 2007, proposed SIP revision satisfies the section
110(a)(1) CAA requirements for a plan that provides for implementation,
maintenance, and enforcement of the 1997 8-hour ozone NAAQS in the
Cherokee County Area.
II. Analysis of the State's Submittals
On December 13, 2007, the State of South Carolina submitted a SIP
revision containing the 1997 8-hour ozone maintenance plan for the
Cherokee County Area as required by section 110(a)(1) of the CAA and
the provisions of EPA's Phase 1 Implementation Rule (see 40 CFR
51.905(a)(4)). The purpose of this plan is to ensure continued
attainment and maintenance of the 1997 8-hour ozone NAAQS in the
Cherokee County Area until 2014.
As required, this plan provides for continued attainment and
maintenance of the 1997 8-hour ozone NAAQS in the area for 10 years
from the effective date of the area's designation as attainment for the
1997 8-hour ozone NAAQS, and includes components illustrating how the
Cherokee County Area will continue attainment of the 1997 8-hour ozone
NAAQS and provides contingency measures. Each of the section 110(a)(1)
plan components is discussed below for each area.
(a) Attainment Inventory. South Carolina developed comprehensive
inventories of volatile organic compounds (VOC) and nitrogen oxide
(NOX) emissions from area, stationary point, stationary
area, on-road mobile, biogenic, and non-road mobile sources using 2002
as the base year to demonstrate maintenance of the 1997 8-hour ozone
NAAQS for the Cherokee County Area. The year 2002 is an appropriate
year for South Carolina to base attainment level emissions because
States may select any one of the three years on which the 1997 8-hour
attainment designation was based (2001, 2002, and 2003). The State's
submittal contains the detailed inventory data and summaries by source
category. Using the 2002 inventory as a base year reflects one of the
years used for calculating the air quality design values \1\ on which
the 1997 8-hour ozone designation decisions were based. It also is one
of the years in the 2000-2004 period used to establish baseline
visibility levels for the regional haze program.
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\1\ The air quality design value at a monitoring site is defined
as that concentration that when reduced to the level of the standard
ensures that the site meets the standard. For a concentration-based
standard, the air quality design value is simply the standard-
related test statistic. Thus, for the primary and secondary ozone
standards, the 3-year average annual fourth-highest daily maximum 8-
hour average ozone concentration is also the air quality design
value for the site. 40 CFR Part 50, Appendix I, Section 3.
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A practical reason for selecting 2002 as the base year emission
inventory is that Section 110(a)(2)(B) of the CAA and the Consolidated
Emissions Reporting Rule (67 FR 39602, June 10, 2002) require States to
submit emissions inventories for all criteria pollutants and their
precursors every three years, on a schedule that includes the emissions
year 2002. The due date for the 2002 emissions inventory is established
in the rule as June 2004. In accordance with these requirements, South
Carolina compiles a Statewide emissions inventory for point sources on
an annual basis. On-road mobile emissions of VOC and NOX
were estimated using MOBILE 6.2 motor vehicle emissions factor computer
model. Non-road mobile emissions data were derived using the U.S. EPA's
Non-Road model.
In projecting data for the attainment year 2014 inventory, South
Carolina used several methods to project data from the base year 2002
to the years 2010, 2012, and 2014. These projected inventories were
developed using EPA-approved technologies and methodologies. EPA's
Emissions Growth Analysis System model was used to derive growth
factors for area source data. These growth factors were used to
estimate projected area source emissions. The 2020 emissions inventory
was used to develop projections for stationary point, stationary area
and nonroad mobile sources. The projections for stationary point
sources and nonroad mobile sources were calculated by applying a one
percent per year industrial growth rate, based on forecasted economic
indicators listed in University of South Carolina Moore Business School
publications.
The following table provides VOC and NOX emissions data
for the 2002 base attainment year inventory, as well as projected VOC
and NOX emissions inventory data for 2010 2012, and, 2014.
[[Page 26101]]
Table 1--Cherokee County VOC and NOX Emissions Inventory
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Emissions 2002 2010 2012 2014
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Total VOC (tons per day)........................ 46.61 46.44 46.51 46.63
Total NOX (tons per day)........................ 11.21 8.84 8.24 7.77
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As shown in Table 1 above, the Cherokee County Area is projected to
decrease total NOX emissions from the base year of 2002 to
the maintenance year of 2014. Total VOC emissions steadily decreased
from the base year of 2002 through 2010, but are then projected to
increase by 0.12 tons per day between the years 2012 to the maintenance
year of 2014. However, year 2014 emissions are only slightly more than
the baseline year emission level. Thus South Carolina demonstrated that
the 1997 8-hour ozone standard will continue to be maintained. This
small increase of 0.02 tons per day above the base year 2002 inventory
is not expected to have an impact on maintenance of the 1997 standard,
particularly because the VOC inventory in this area is dominated by
biogenic sources. On-road mobile emission projections were calculated
by using EPA's MOBILE6.2 emission factor model.
As shown in the table above, South Carolina has demonstrated that
the future year emissions will be less than or consistent with the 2002
base attainment year's emissions for the 1997 8-hour ozone NAAQS. The
attainment inventory submitted by South Carolina for this area is
consistent with the criteria as discussed in the Wegman Memorandum. EPA
finds that the future emissions levels in 2010, 2012, and 2014 are
expected to be similar to or less than the emissions levels in 2002. In
the event that a future 8-hour ozone monitoring reading in this area is
found to violate the 1997 ozone standard, the contingency plan section
of the maintenance plan includes measures that will be promptly
implemented to ensure that this area returns to maintenance of the 1997
ozone standard. Please see section (d) Contingency Plan, below, for
additional information related to the contingency measures.
(b) Maintenance Demonstration. The primary purpose of a maintenance
plan is to demonstrate how an area will continue to remain in
attainment with the 1997 8-hour ozone standard for the 10-year period
following the effective date of designation as unclassifiable/
attainment. The end projection year for the maintenance plan for the
Cherokee County Area is 2014. As discussed in section (a) Attainment
Inventory above, South Carolina identified the level of ozone-forming
emissions that were consistent with attainment of the NAAQS for ozone
in 2002. South Carolina projected VOC and NOX emissions for
the years 2010, 2012, and 2014 in the Cherokee County Area; and EPA
finds that the future emissions levels in those years are expected to
be similar to or below the emissions levels in 2002.
South Carolina's SIP revisions also rely on several air quality
measures that will provide for additional 8-hour ozone emissions
reductions in the Cherokee County Area. These measures include the
implementation of the following, among others: (1) Tier 2 Motor Vehicle
Emissions and Fuel Standards, (2) Heavy-Duty Gasoline and Diesel
Highway Vehicles Standard, (3) Large Nonroad Diesel Engines Rule, (4)
Nonroad Spark Ignition Engines and Recreational Engines Standard, (5)
NOX SIP Call, (6) New Source Review (NSR) program, (7)
Reasonably Available Control Measures (RACM) (8), and (9) Clean Air
Interstate Rule (CAIR) \2\.
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\2\ Despite the legal status of CAIR as remanded, many
facilities have already installed or are continuing with plans to
install emission controls that may benefit the Cherokee County Area.
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(c) Ambient Air Quality Monitoring. The table below shows design
values for the Cherokee County Area. The ambient ozone monitoring data
was collected at sites that were selected with assistance from the U.S.
EPA and are considered to be representative of the area of highest
concentration.
There is one monitor in the Cherokee County Area. There were no
recent design values above the 1997 0.08 ppm standard and it is
anticipated that the monitors will remain at current locations, unless
otherwise allowed to be removed in consultation with the EPA and in
accordance with the 40 CFR part 58.
Table 2--Design Values for 8-Hour Ozone
------------------------------------------------------------------------
Cherokee
Year County (in
ppm)
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2000-2002............................................... 0.087
2001-2003............................................... 0.084
2002-2004............................................... 0.080
2003-2005............................................... 0.075
2004-2006............................................... 0.074
2005-2007............................................... 0.073
2006-2008............................................... 0.074
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Based on the Table above, the most recent design values identified
demonstrate attainment with the 1997 8-hour ozone NAAQS. Further, these
design values indicate that the Cherokee County Area is expected to
continue attainment of the 1997 8-hour ozone NAAQS. The attainment
level for the 1997 8-hour ozone standard is effectively 0.084 ppm.
However, in the event that a design value at the Cherokee County Area
monitor exceeds the 1997 8-hour ozone standard of 84 parts per billion,
the Contingency Plan included in South Carolina's maintenance plan
submittal includes contingency measures which will be promptly
implemented in section (d) Contingency Plan, below.
(d) Contingency Plan. The section 110(a)(1) maintenance plans
include contingency provisions to promptly correct any violation of the
1997 8-hour ozone NAAQS that occurs. The contingency indicator for the
Cherokee County Area maintenance plan is based on updates to the
emission inventories. The triggering mechanism for activation of
contingency measures is a ten percent or greater increase in emissions
of either VOC or NOX based on the 2002 emissions inventory.
In this maintenance plan, if contingency measures are triggered, South
Carolina is committing to implement the measures as expeditiously as
practicable, but no longer than twenty-four months. Some of the
contingency measures include: (1) Reasonably Available Control
Technology (RACT) for NOX and VOC on existing stationary
sources; (2) implementation of diesel retrofit programs, including
incentives for performing retrofits for fleet vehicle operations \3\;
(3) alternative fuel
[[Page 26102]]
programs for fleet vehicles \4\; (4) gas can and lawnmower replacement
programs; (5) voluntary engine idling reduction programs; (6)
implementation of additional control in upwind areas; and (7) other
measures deemed appropriate at the time as a result of advances in
control technologies.
These contingency measures and schedules for implementation satisfy
EPA's long-standing guidance on the requirements of section 110(a)(1)
of continued attainment. Continued attainment of the 1997 8-hour ozone
NAAQS in the Cherokee County Area will depend, in part, on the air
quality measures discussed previously (see section II). In addition,
South Carolina commits to verify the 1997 8-hour ozone status in each
maintenance plan through annual and periodic evaluations of the
emissions inventories. In the annual evaluation, South Carolina will
review VOC and NOX emission data from stationary point sources. During
the periodic evaluations (every three years), South Carolina will
update the emissions inventory for all emissions source categories, and
compare the updated emissions inventory data to the projected 2010,
2012, and 2014 attainment emissions inventories to verify continued
attainment of the 1997 8-hour ozone standard.
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\3\ At this time, there is not an approved method for
determining emission reductions from a Diesel Inspection and
Maintenance program. Therefore, there is no technical basis to award
emission credits for a heavy duty diesel inspection and maintenance
program in the SIP. However, we do not want to preclude future
technical changes that may make awarding such emission credits
possible. If it is necessary to implement contingency measures for
this area, South Carolina, in coordination with EPA, will evaluate
the feasibility of this program as a contingency measure at that
time. If a technical basis for emission credits is not available,
other contingency measures will need to be implemented.
\4\ If this contingency measure is necessary it will be
considered and evaluated in accordance with Section 211(4)(A).
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III. Final Action
Pursuant to section 110 of the CAA, EPA is approving the
maintenance plan addressing the 1997 8-hour ozone standard in Cherokee
County, South Carolina which was submitted by South Carolina on
December 13, 2007, and ensures continued attainment of the 1997 8-hour
ozone NAAQS through the year 2014. EPA has evaluated South Carolina's
submittal and has determined that it meets the applicable requirements
of the CAA and EPA regulations, and is consistent with EPA policy.
EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial 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
adverse comment be filed. This rule will be effective on July 31, 2009
without further notice unless the Agency receives adverse comment by
July 1, 2009. If EPA receives such comments, then EPA will publish a
document withdrawing the final rule and 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. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. If no such comments
are received, the public is advised this rule will be effective on July
31, 2009 and no further action will be taken on the proposed rule.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
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 action 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).
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 July 31, 2009. Filing a petition
for reconsideration by the Administrator of this final rule does not
affect the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
[[Page 26103]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Ozone, Nitrogen dioxides,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 15, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PP--South Carolina
0
2. Section 52.2120(e) is amended by adding a new entry for the
``Cherokee County 8-Hour Ozone Section 110(a)(1) Maintenance Plan for
the 1997 8-hour ozone standard'' to read as follows:
Sec. 52.2210 Identification of plan.
* * * * *
(e) * * *
EPA-Approved South Carolina Non-Regulatory Provisions
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Applicable
Name of nonregulatory SIP geographic or EPA approval
provision nonattainment Effective date date Explanation
area
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* * * * * * *
Cherokee County 110(a)(1) Cherokee County 12/13/2007 July 31, 2009.
Maintenance Plan for the [Insert
1997 8-Hour Ozone Standard. citation of
publication].
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[FR Doc. E9-12546 Filed 5-29-09; 8:45 am]
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