Rule2025-20449
Air Plan Approval; South Carolina; Charlotte-Gastonia-Rock Hill Area Maintenance Plan for the 2008 8-Hour Ozone NAAQS
Primary source
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Published
November 20, 2025
Effective
December 22, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing approval of a state implementation plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Environmental Services (SCDES, formerly the "South Carolina Department of Health and Environmental Control"), on September 26, 2023. The SIP revision includes the State's plan for maintaining the 2008 ozone National Ambient Air Quality Standard (NAAQS) through 2036 for the South Carolina portion of the bi-state Charlotte-Rock Hill, North Carolina-South Carolina 2008 8-hour ozone nonattainment area (the entire area is hereinafter referred to as the "bi-State Charlotte Area" and the South Carolina portion is hereinafter referred to as the "York County Area"). EPA is approving and incorporating this maintenance plan, including the 2018 and 2036 motor vehicle emission budgets (budgets) for nitrogen oxides (NO<INF>X</INF>) and volatile organic compounds (VOC) for the York County Area, into the SIP. EPA is finalizing approval because the York County Area maintenance plan provides for the maintenance of the 2008 8-hour ozone NAAQS within the Area through the end of the second 10-year portion of the maintenance period. Additionally, EPA finds the 2018 and 2036 budgets for the York County Area adequate for the purposes of transportation conformity.
Full Text
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<title>Federal Register, Volume 90 Issue 222 (Thursday, November 20, 2025)</title>
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[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Rules and Regulations]
[Pages 52248-52250]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20449]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0558; FRL-12961-02-R4]
Air Plan Approval; South Carolina; Charlotte-Gastonia-Rock Hill
Area Maintenance Plan for the 2008 8-Hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a state implementation plan (SIP) revision submitted by the
State of South Carolina, through the South Carolina Department of
Environmental Services (SCDES, formerly the ``South Carolina Department
of Health and Environmental Control''), on September 26, 2023. The SIP
revision includes the State's plan for maintaining the 2008 ozone
National Ambient Air Quality Standard (NAAQS) through 2036 for the
South Carolina portion of the bi-state Charlotte-Rock Hill, North
Carolina-South Carolina 2008 8-hour ozone nonattainment area (the
entire area is hereinafter referred to as the ``bi-State Charlotte
Area'' and the South Carolina portion is hereinafter referred to as the
``York County Area''). EPA is approving and incorporating this
maintenance plan, including the 2018 and 2036 motor vehicle emission
budgets (budgets) for nitrogen oxides (NO<INF>X</INF>) and volatile
organic compounds (VOC) for the York County Area, into the SIP. EPA is
finalizing approval because the York County Area maintenance plan
provides for the maintenance of the 2008 8-hour ozone NAAQS within the
Area through the end of the second 10-year portion of the maintenance
period. Additionally, EPA finds the 2018 and 2036 budgets
[[Page 52249]]
for the York County Area adequate for the purposes of transportation
conformity.
DATES: This rule is effective December 22, 2025.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2024-0558. All documents in the docket
are listed on the <a href="http://regulations.gov">regulations.gov</a> website. Although listed in the
index, some information may not be 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 <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation 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: Nelsha Athauda, Multi Air Pollutant
Coordination Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9360. Ms. Athauda can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#93d2e7fbf2e6f7f2bdddf6ffe0fbf2d3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="acedd8c4cdd9c8cd82e2c9c0dfc4cdecc9dccd82cbc3da">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Clean Air Act (CAA), EPA is approving the
York County Area maintenance plan for the 2008 8-hour ozone NAAQS,
adopted by SCDES on September 26, 2023, and submitted by SCDES as a
revision to the South Carolina SIP on September 26, 2023. This
maintenance plan provides for maintenance of the 2008 8-hour ozone
NAAQS through the end of the second 10-year portion of the maintenance
period. On May 21, 2012, the bi-state Charlotte Area was designated
marginal nonattainment for the 2008 8-hour ozone NAAQS, effective July
20, 2012. See 77 FR 30088 (May 21, 2012). EPA approved the York County
maintenance plan for the first 10-year period and the State's requests
to redesignate the York County Area to attainment for the 2008 8-hour
ozone NAAQS, effective January 11, 2016. See 80 FR 76865 (December 11,
2015).
In a notice of proposed rulemaking (NPRM) published on September 5,
2025 (90 FR 42878), EPA proposed to approve the maintenance plan,
including the 2018 and 2036 budgets for NO<INF>X</INF> and VOC for the
York County Area because EPA believes that the Area will maintain the
2008 8-hour ozone NAAQS with the emissions at the levels of the
budgets. The details of South Carolina's submission, as well as the
rationale for EPA's action, are explained in the September 5, 2025,
NPRM. Comments on the September 5, 2025, NPRM were due on or before
October 6, 2025. No comments were received on the September 5, 2025,
NPRM.
II. Final Action
EPA is approving the second maintenance plan for the 2008 8-hour
ozone NAAQS for the South Carolina portion of the bi-state Charlotte
Area, including the NO<INF>X</INF> and VOC budgets for 2018 and 2036
(to replace the previous NO<INF>X</INF> and VOC budgets for 2014 and
2026 from the first 10-year maintenance plan), into the South Carolina
SIP under CAA section 175A. The maintenance plan meets all applicable
requirements for maintenance plans and related contingency provisions
in CAA section 175A, including a demonstration that the bi-state
Charlotte Area will continue to maintain the 2008 8-hour ozone NAAQS
until January 11, 2036, the end of the 20-year maintenance period.
Further, as part of this final action, EPA finds the newly established
NO<INF>X</INF> and VOC budgets for the York County Area adequate for
the purpose of transportation conformity. Within 24 months from the
effective date of this final rule, the transportation partners will
need to demonstrate conformity to the new NO<INF>X</INF> and VOC
budgets pursuant to 40 CFR 93.104(e)(3).
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 CAA 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:
<bullet> 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
Because this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law, 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). Therefore, this action will not impose
substantial direct costs on Tribal governments or preempt Tribal law.
The Catawba Indian Nation (CIN) Reservation is located within the
boundary of York County, South Carolina. Pursuant to the Catawba Indian
Claims Settlement Act, S.C. Code Ann. 27-16-120 (Settlement Act), ``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.'' The CIN also
retains authority to impose regulations applying higher environmental
standards to the Reservation than those imposed by state law or local
governing bodies, in accordance with the Settlement Act.
This action is subject to the Congressional Review Act, and EPA
will
[[Page 52250]]
submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 January 20, 2026. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: October 29, 2025.
Kevin McOmber,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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. In Sec. 52.2120(e), amend the table by adding an entry for ``2008
8-hour ozone Second 10-Year Maintenance Plan for the York County, South
Carolina portion of the bi-state Charlotte Area'' at the end of the
table.
The addition read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) * * *
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State
Provision effective date EPA approval date Explanation
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* * * * * * *
2008 8-hour ozone Second 10-Year 9/26/2023 11/20/2025, 90 FR [Insert
Maintenance Plan for the York County, Federal Register page
South Carolina portion of the bi-state where the document
Charlotte Area. begins].
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[FR Doc. 2025-20449 Filed 11-19-25; 8:45 am]
BILLING CODE 6560-50-P
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