[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Rules and Regulations]
[Pages 32651-32652]
[FR Doc No: 2016-12112]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0151; FRL-9946-82-Region 4]

Air Quality Plan Approval; South Carolina; Infrastructure
Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the portions of the State Implementation Plan (SIP)
submission, submitted by the State of South Carolina, through the South
Carolina Department of Health and Environmental Control (SC DHEC), on
May 8, 2014, for inclusion into the South Carolina SIP. This final
action pertains to the infrastructure requirements of the Clean Air Act
(CAA or Act) for the 2010 1-hour sulfur dioxide (SO2)
national ambient air quality standard (NAAQS). The CAA requires that
each state adopt and submit a SIP for the implementation, maintenance
and enforcement of each NAAQS promulgated by EPA, which is commonly
referred to as an ``infrastructure SIP submission.'' SC DHEC certified
that the South Carolina SIP contains provisions that ensure the 2010 1-
hour SO2 NAAQS is implemented, enforced, and maintained in
South Carolina. EPA has determined that portions of South Carolina's
infrastructure SIP submission, provided to EPA on May 8, 2014, satisfy
certain required infrastructure elements for the 2010 1-hour
SO2 NAAQS.

DATES: This rule will be effective June 23, 2016.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0151. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information 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 through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation 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 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Notarianni can be reached via electronic mail at
<EMAIL_ADDRESS>or via telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    On June 22, 2010 (75 FR 35520), EPA revised the primary
SO2 NAAQS to an hourly standard of 75 parts per billion
(ppb) based on a 3-year average of the annual 99th percentile of 1-hour
daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIPs meeting the applicable requirements
of section 110(a)(2) within three years after promulgation of a new or
revised NAAQS or within such shorter period as EPA may prescribe.
Section 110(a)(2) requires states to address basic SIP elements such as
requirements for monitoring, basic program requirements and legal
authority that are designed to assure attainment and maintenance of the
NAAQS. States were required to submit such SIPs for the 2010 1-hour
SO2 NAAQS to EPA no later than June 2, 2013.\1\
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    \1\ Today, EPA is providing clarification for an inadvertent
typographical error that was included in the March 7, 2016, proposed
rulemaking, for this final action. In the March 7, 2016, proposed
rulemaking it was stated that the 2010 1-hour SO2 NAAQS
infrastructure SIPs were due no later than June 22, 2013. The 2010
1-hour SO2 NAAQS infrastructure SIPs were actually due to
EPA from states no later than June 2, 2013.
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    In a proposed rulemaking published on March 7, 2016 (81 FR 11717),
EPA proposed to approve portions of South Carolina's 2010 1-hour
SO2 NAAQS infrastructure SIP submission submitted on May 8,
2014. The details of South Carolina's submission and the rationale for
EPA's actions are explained in the proposed rulemaking. Comments on the
proposed rulemaking were due on or before April 6, 2016. EPA received
no adverse comments on the proposed action.

II. Final Action

    With the exception of interstate transport provisions pertaining to
the contribution to nonattainment or interference with maintenance in
other states and visibility protection requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), EPA is taking final
action to approve South Carolina 's infrastructure submission submitted
on May 8, 2014, for the 2010 1-hour SO2 NAAQS. EPA is taking
final action to approve South Carolina's infrastructure SIP submission
for the 2010 1-hour SO2 NAAQS because the submission is
consistent with section 110 of the CAA.

III. 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. See 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 action for the state of South Carolina does not
have Tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). The Catawba Indian Nation Reservation is
located within the State of South Carolina. Pursuant to the Catawba
Indian Claims Settlement Act, South Carolina statute 27-16-120, ``all
state and local environmental laws and regulations apply to the
[Catawba Indian Nation] and Reservation and are fully enforceable by
all relevant state and local agencies and authorities.'' However, EPA
has determined that this rule does not have substantial direct effects
on an Indian Tribe because this action is not approving any specific
rule, but rather approving that South Carolina's already approved SIP
meets certain CAA requirements. EPA notes this action 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).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 25, 2016. 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. 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, Incorporation by
reference, Intergovernmental relations, Sulfur dioxide.

    Dated: May 12, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 ``110(a)(1) and
(2) Infrastructure Requirements for the 2010 1-hour SO2
NAAQS'' at the end of the table to read as follows:

Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
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                                        State effective
               Provision                      date           EPA approval date              Explanation
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure              5/8/2014   5/24/2016 [Insert         With the exception of
 Requirements for the 2010 1-hour SO2                     Federal Register          interstate transport
 NAAQS.                                                   citation].                requirements of section
                                                                                110(a)(2)(D)(i)(I) and (II)
                                                                                (prongs 1, 2, and 4).
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[FR Doc. 2016-12112 Filed 5-23-16; 8:45 am]
 BILLING CODE 6560-50-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on April 7, 2006

NOTICE OF ACTION TAKEN -- DOCKET OST-1996-1074

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of UNITED PARCEL SERVICE, CO. (UPS) filed 2/3/06 for:

XX	Renewal of exemption for two years under 49 U.S.C. 40109 to provide
the following service:

Scheduled foreign air transportation of property and mail between
Anchorage, Alaska, and Manila, the Philippines (Diosdado Marcapagal
International Airport), via Seoul, Korea, and Taipei, Taiwan, and beyond
Manila to Singapore and Kuala Lumpur, Malaysia, and to integrate this
authority with its existing certificate and exemption authority.

Applicant rep: David L. Vaughan<PHONE_NUMBER>	DOT Analyst: Tretha
Chromey<PHONE_NUMBER>

D I S P O S I T I O N

XX	Granted, in part (subject to conditions, see below)

XX	Dismissed, in part (request for route integration authority)

The above action was effective when taken: April 7, 2006 through April
7, 2008.

Action taken by:	Paul L. Gretch, Director

Office of International Aviation

XX	The authority granted is consistent with the agreements governing air
services between the United States and the Philippines, the United
States and Korea, the United States and Malaysia, and the United States
and Taiwan, and with the Multilateral Agreement on the Liberalization of
International Air Transportation (Singapore).

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:	XX Holder’s
certificates of public convenience and necessity

XX Standard exemption conditions (attached)

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/report_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 The carrier’s request for route integration authority has been
superseded by Order 2006-1-1, where the Department awarded the carrier a
blanket route integration certificate.


3M’s response to Section 114 letter.

Confidential Business Information located at EPA headquarters 1310 L St NW.