[Federal Register Volume 60, Number 45 (Wednesday, March 8, 1995)]
[Rules and Regulations]
[Pages 12700-12702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5574]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC19-1-5031a; FRL-5166-7]


Approval and Promulgation of Implementation Plans State: 
Disapproval of Revisions to the South Carolina State Implementation 
Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is disapproving South Carolina's generic bubble regulation 
submitted for approval into the State Implementation Plan (SIP) by the 
State of South Carolina through the South Carolina Department of Health 
and Environmental Control (DHEC) on June 5, 1985, because it does not 
comply with EPA's Emissions Trading Policy Statement (ETPS) of December 
4, 1986, or the Economic Incentive Program Rules (EIP). The policy 
states that existing state generic bubble rules should be reviewed and 
that a notice be published identifying any deficiencies found in the 
review and giving a means and a schedule to correct them. However, 
since revision of their federally approved generic rule or withdrawal 
of the 1985 submittal will require legislative action by the State, 
South Carolina requested in a letter to John Hankinson, Regional 
Administrator, that EPA disapprove the submittal. Therefore, EPA is 
rescinding the previous approval of the generic bubble regulations and 
disapproving the June 5, 1985 submittal.

DATES: This final rule will be effective May 8, 1995 unless adverse or 
critical comments are received by April 7, 1995. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments on this action should be addressed to Kay 
T. Prince, at the EPA Regional Office listed below.
    Copies of the documents relative to this action are available for 
public inspection during normal business hours at the following 
locations. The interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day.

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 4 Air Programs Branch, 345 
Courtland Street, NE., Atlanta, Georgia 30365.
South Carolina Department of Health and Environmental Control, 2600 
Bull Street, Columbia, South Carolina 29201.

FOR FURTHER INFORMATION CONTACT: Kay T. Prince, Regulatory Planning and 
Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region 4 Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is 
404/347-3555 x4221. Reference file SC19-1-5031.

SUPPLEMENTARY INFORMATION: On June 7, 1982 (47 FR 38887), EPA approved 
into the SIP the South Carolina generic bubble regulation as meeting 
all EPA [[Page 12701]] requirements at that time. On January 14, 1985, 
the State of South Carolina through DHEC submitted revisions to their 
generic bubble regulation, requesting concurrent review by EPA. On June 
5, 1985, the State of South Carolina submitted the state-effective 
version of the bubble regulation (Regulation No. 62.5, Standard No. 6, 
Alternative Emission Limitation Options (``Bubble''). Subsequently 
EPA's revised ETPS was published on December 4, 1986. (51 FR 43814). 
The policy indicates that existing state generic bubble rules should be 
reviewed and notices published identifying any deficiencies and a means 
to correct them. It also gives EPA the option to rescind its previous 
approval of a generic bubble rule. (51 FR 43853) Following enactment of 
the 1990 Clean Air Act Amendments, EPA promulgated the EIP on April 7, 
1994. (59 FR 16690)
    EPA has reviewed both the approved and revised generic bubble rules 
and found them to be deficient with respect to the ETPS, the EIP, and 
the provisions of the 1990 Amendments. Following is a summary of the 
review of some of the deficiencies of the revised generic rule.

Section II--Conditions for Approval

    The rule does not provide for federal enforceability. To assure 
that Clean Air Act requirements are met, each transaction which revises 
any emission limit upward must be approved by the state and be 
federally enforceable. (e.g., 51 FR 43832, 59 FR 16700) Revised limits 
can be made federally enforceable through source specific SIP 
revisions, federally approved generic bubble regulations, federally 
approved EIPs or construction permits issued through a federally 
approved permit program.
    Emissions prior to and after the bubble from all points involved 
must be quantifiable, the total emissions resulting from the bubble 
must show a net decrease, and the procedures for determining the 
emissions from the bubble must be replicable. Replicability generally 
means a high likelihood that two decision-makers applying the rule to a 
given bubble would reach the same conclusion. The South Carolina 
generic bubble rule does not contain any provisions to ensure that the 
calculation procedures used to quantify the emissions are replicable. 
(e.g., 51 FR 43850, 59 FR 16713)
    Bubble rules must contain provisions for determining a baseline 
emissions level beyond which the reductions must occur to be 
creditable. There are three baseline factors--emission rate, capacity 
utilization, and hours of operation-- which must be used to compute 
pre- and post-bubble emission levels. Baseline factors differ depending 
on the status of SIP development for the area. The South Carolina rule 
does not address baseline factors. (e.g., 51 FR 43838, 59 FR 16697)

Section III--Part B.--Emissions of Volatile Organic Compounds

    In general, generic bubble rules for volatile organic compounds 
(VOCs) must require that surface coating emissions be calculated on a 
solids-applied basis and specify a maximum time period over which 
emissions may be averaged in an acceptable compliance demonstration, 
usually not exceeding 24 hours. Averaging times greater than 24 hours 
must meet the criteria outlined in Appendix D of the ETPS. (51 FR 
48857) The South Carolina rule does not include these requirements. The 
South Carolina rule also does not include the requirements to meet the 
extended averaging times provided in the EIP rule. (e.g., 59 FR 16706)

Final Action

    EPA is disapproving the May 24, 1985, version of the South Carolina 
generic bubble rule, Regulation No. 62.5, Standard No. 6, as requested 
by the State on March 24, 1994, because it does not meet EPA 
requirements. Additionally, EPA is rescinding its approval of the May 
28, 1982, version of the rule as approved in the Federal Register on 
June 7, 1982. (47 FR 38887) This action is being published without 
prior proposal because the Agency views this as a noncontroversial 
amendment and anticipates no adverse comments. However, in a separate 
document in this Federal Register publication, the EPA is proposing to 
approve the SIP revision should adverse or critical comments be filed. 
This action will be effective May 8, 1995 unless, by April 7, 1995, 
adverse or critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective May 8, 1995.
    The agency has reviewed this request for revision of the Federally-
approved State implementation plan for conformance with the provisions 
of the 1990 Amendments enacted on November 15, 1990. The Agency has 
determined that this action does not conform with the statute as 
amended and must be disapproved. The Agency has examined the issue of 
whether this action should be reviewed only under the provisions of the 
law as it existed on the date of submittal to the Agency (i.e. prior to 
November 15, 1990) and has determined that the Agency must apply the 
new law to this revision.
    Under section 307(b)(1) of the Act, 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 May 8, 1995. 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 Act, 42 
U.S.C. 7607(b)(2).)
    The OMB has exempted these actions from review under Executive 
Order 12866.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    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.
    EPA's disapproval of the State request under section 110 and 
subchapter I, Part D of the CAA does not affect any existing 
requirements applicable to small entities. Any pre-existing Federal 
requirements remain in place after this disapproval. Federal 
disapproval of the state submittal does not affect its state-
enforceability. Moreover, EPA's disapproval action does not have a 
significant impact on a substantial number of small entities because it 
does not remove existing requirements nor [[Page 12702]] does it impose 
any new Federal requirements.

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: January 26, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 52 of chapter I, title 40, Code of Federal Regulations, 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.

Subpart PP--South Carolina

    2. Section 52.2122, is amended by designating the introductory text 
as paragraph (a) and adding paragraph (b) to read as follows:


Sec. 52.2122  Approval status.

* * * * *
    (b) EPA disapproved South Carolina's generic bubble regulation 
submitted for approval into the State Implementation Plan (SIP) on June 
5, 1985.

[FR Doc. 95-5574 Filed 3-7-95; 8:45 am]
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