[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Proposed Rules]
[Page 53198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25052]
[[Page 53198]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0455(b); FRL-8969-8]
Approval and Promulgation of Air Quality Implementation Plans;
South Carolina; Clean Air Interstate Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a revision to the South Carolina
State Implementation Plan (SIP) submitted by the State of South
Carolina through the South Carolina Department of Health and
Environmental Control on December 4, 2008. This revision addresses the
requirements of EPA's Clean Air Interstate Rule (CAIR). Although the
District of Columbia Circuit Court found CAIR to be flawed, the rule
was remanded without vacatur and thus remains in place. Thus, EPA is
continuing to approve CAIR provisions into SIPs as appropriate. CAIR,
as promulgated, requires states to reduce emissions of sulfur dioxide
(SO2) and nitrogen oxides (NOX) that
significantly contribute to, or interfere with maintenance of, the
national ambient air quality standards for fine particulates and/or
ozone in any downwind state. CAIR establishes budgets for
SO2 and NOX for states that contribute
significantly to nonattainment in downwind States and requires the
significantly contributing states to submit SIP revisions that
implement these budgets. States have the flexibility to choose which
control measures to adopt to achieve the budgets, including
participation in EPA-administered cap-and-trade programs addressing
SO2, NOX annual, and NOX ozone season
emissions. In the full SIP revision that EPA is proposing to approve,
South Carolina will meet CAIR requirements by participating in these
cap-and-trade programs. EPA is proposing to approve the full SIP
revision, as interpreted and clarified herein, as fully implementing
the CAIR requirements for South Carolina. Consequently, this action
will also cause the CAIR Federal Implementation Plans (CAIR FIPs)
concerning SO2, NOX annual, and NOX
ozone season emissions by South Carolina sources to be automatically
withdrawn. This action is being taken pursuant to section 110 of the
Clean Air Act.
DATES: Written comments must be received on or before November 16,
2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0455, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: 404-562-9019.
4. Mail: EPA-R04-OAR-2009-0455, 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.
Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.
FOR FURTHER INFORMATION CONTACT: Steven Scofield, 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) 562-9034. Mr. Scofield can also be reached via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register. In the Final Rules Section of this Federal Register, EPA is
approving the State's SIP revision as a direct final rule without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the direct final rule. If no adverse comments
are received in response to this rule, no further activity is
contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule. EPA will not
institute a second comment period on this document. Any parties
interested in commenting on this document should do so at this time.
Dated: October 9, 2009.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E9-25052 Filed 10-15-09; 8:45 am]
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