[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8968]


[[Page Unknown]]

[Federal Register: April 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[SC-025-1-5643; FRL-4859-4]

 

Approval and Promulgation of Implementation Plans; South Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On September 18, 1990, and July 23, 1992, South Carolina 
submitted, through the South Carolina Department of Health and 
Environmental Control (SCDEHC), revisions to the South Carolina State 
Implementation Plan (SIP). This notice approves the revisions to South 
Carolina's air quality regulations pertaining to the definition of a 
Volatile Organic Compound (VOC), VOC Recordkeeping in ozone (O3) 
nonattainment areas, and the control of industrial emissions of 
nitrogen dioxide (NO2) under the Prevention of Significant 
Deterioration (PSD) program.
DATES: This final rule will become effective June 14, 1994 unless 
notice is received by May 16, 1994 that someone wishes to submit 
adverse or critical comments. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Written comments should be sent to Bill Eckert at the EPA 
address in Atlanta, Georgia listed below. Copies of South Carolina's 
submittal are available for public review during normal business hours 
at the addresses listed below.
    Air and Radiation Docket and Information Center (Air Docket 6102), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.
    Environmental Protection Agency, Region IV, Air Programs Branch, 
345 Courtland Street NE., Atlanta, Georgia 30365.
    South Carolina Department of Health and Environmental Control, 
Bureau of Air Quality Control, 2600 Bull Street, Columbia, South 
Carolina 29201.

FOR FURTHER INFORMATION CONTACT: Bill Eckert of the EPA Region IV Air 
Programs Branch at (404) 347-2864 and at the Region IV address.

SUPPLEMENTARY INFORMATION: On September 18, 1990, South Carolina 
submitted revisions to its SIP. After EPA reviewed this submittal, EPA 
determined that there were deficiencies in the VOC and PSD portions of 
the submittal. On July 23, 1992, South Carolina submitted additional 
revisions to its SIP correcting the deficiencies identified in the 
September 18, 1990, submittal. A brief description of the revisions 
follows.

Regulation 61-62.1, Section I, Paragraph 74-Definition of VOC

    The revisions to this rule submitted on July 23, 1992, made the 
definition of VOC consistent with EPA's change in the definition of VOC 
as published in a Federal Register document dated February 3, 1992 (57 
FR 3943). In the February 3, 1992, document, five new compounds were 
removed from the definition of VOC based on their negligible 
photochemical reactivity.

Regulation 61-62.5, Standard No. 5, Section I, Part F, Paragraph 3-
VOC Recordkeeping in O3 nonattainment areas

    On September 18, 1990, South Carolina submitted revisions to its 
VOC regulations. In a Federal Register document published February 4, 
1992, EPA determined that Regulation 61-62.5, Standard No. 5, Section 
I, Part F (VOC Recordkeeping, Reporting, and Monitoring), was 
insufficient because it did not contain provisions requiring VOC 
sources located in O3 nonattainment areas to keep daily records. 
On July 23, 1993, South Carolina submitted revisions updating its VOC 
Recordkeeping provisions to be consistent with EPA requirements as 
interpreted in pre-enactment guidance1 for VOC sources in O3 
nonattainment areas. Specifically, the VOC Recordkeeping provisions 
were updated to require that VOC sources keep daily records of 
operations.
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    \1\Among other things, the pre-amendment guidance consists of 
the Post-87 Policy, 52 FR 45044 (11/24/87); the Blue Book, Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, 
clarification of Appendix D of 52 FR 45044; and the existing Control 
Techniques Guidelines (CTGs).
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Regulation 61-62.5, Standard No. 7

    On September 18, 1990, South Carolina revised its PSD regulations 
to require the control of the industrial emissions of NO2. In a 
Federal Register document published February 4, 1992, EPA determined 
that the submitted regulations were inadequate because they did not 
contain provisions for NO2 increments. On July 23, 1992, South 
Carolina submitted revisions to its PSD regulations to include NO2 
increments as required by EPA. The maximum allowable increase for 
NO2 measured on an annual average basis per source is 25 
micrograms per cubic meter. South Carolina incorporates 40 CFR 52.21 
(July 1, 1991) and 40 CFR 51.166 (July 1, 1991) by reference. These 
revisions satisfy the requirements for States to incorporate the 
control of industrial emissions of NO2 and NO2 increments 
into their SIPs.

Final Action

    EPA is approving the aforementioned revisions to the South Carolina 
SIP. EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the Clean Air Act (CAA). EPA has 
determined that the revisions conform with the CAA requirements and is 
therefore approving the revisions.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State of South Carolina is already imposing. Therefore, 
because the Federal SIP-approval does not impose any new requirements, 
it does not have a significant economic impact on any small entities 
affected. Moreover, due to the nature of the Federal-state relationship 
under the CAA, preparation of a regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The CAA forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. vs. U.S. E.P.A., 427 U.S. 246, 256-66 
(S.Ct. 1976); 42 U.S.C. 7410(a)(2).
    This action is being taken without prior proposal because the 
changes are noncontroversial and EPA anticipates no significant 
comments on them. The public should be advised that this action will be 
effective June 14, 1994. If, however, notice is received by May 16, 
1994 that someone wishes to submit adverse or critical comments, this 
action will be withdrawn and two subsequent documents will be published 
before the effective date. One will withdraw the final action and the 
other will begin a new rulemaking by announcing a comment period.
    Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1), 
petitions for judicial review of this action must be filed in the 
United States Court of Appeals for the appropriate circuit by June 14, 
1994. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2).)
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the 
requirements of section 3 of Executive Order 12291 for two years. The 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. OMB has agreed to continue the waiver until such 
time as it rules on EPA's request. This request continues in effect 
under Executive Order 12866 which superseded Executive Order 12291 on 
September 30, 1993.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeepig requirements, Sulfur oxides.

    Dated: March 2, 1994.
Donald J. Guinyard,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulation is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 52.2120 is amended by adding paragraph (c)(37) to read 
as follows:


Sec. 52.2120  Identification of plan.

* * * * *
    (c) * * *
    (37) The VOC Recordkeeping regulations for ozone nonattainment 
areas, PSD NOx increment regulations, and regulations listing the 
definition of VOC submitted by South Carolina Department of Health and 
Environmental Control on July 23, 1992, as part of the South Carolina 
SIP.
    (i) Incorporation by reference.
    (A) South Carolina Regulation 61-62.5, Standard No. 5, section I, 
part F, covering VOC Recordkeeping, Reporting, and Monitoring; 
Regulation 61-62.5, Standard No. 7, section I, part C, paragraph 4; 
section I, part M; section I, part N; section I, part O; section I, 
part BB; section II, part A; section II, part D, paragraph 1, 
subparagraph e; section II, part D, paragraph 3, subparagraph a; 
section IV, part D, paragraph 1; section IV, part H, paragraph 4; 
covering PSD. These regulations were effective August 24, 1990, and 
submitted September 18, 1990.
    (B) South Carolina Regulation 61-62.1, section I, paragraph 74, 
covering the definition of VOC; Regulation 61-62.5, Standard No. 5, 
section I, part F, paragraph 3, covering VOC Recordkeeping in ozone 
nonattainment areas; and Regulation 61-62.5, Standard No. 7, section I, 
part O and section IV, part H, paragraph 4 covering PSD. These 
regulations were effective June 26, 1992, and submitted July 23, 1992.
    (ii) Other material.
    (A) July 23, 1992, letter from the South Carolina Department of 
Health and Environmental Control to Region IV EPA.
    (B) [Reserved]
    3. Section 52.2126 is amended by removing and reserving paragraph 
(b) and by revising paragraph (a) to read as follows:


Sec. 52.2126  VOC rule deficiency correction.

* * * * *
    (a) South Carolina's VOC regulations contain no method for 
determining capture efficiency. This deficiency must be corrected after 
EPA publishes guidance on the methods for determining capture 
efficiency before the SIP for ozone can be fully approved.
    (b) [Reserved]
[FR Doc. 94-8968 Filed 4-14-94; 8:45 am]
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