[Federal Register Volume 61, Number 33 (Friday, February 16, 1996)]
[Rules and Regulations]
[Pages 6114-6115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2583]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-28-1-7164a; FRL-5316-7]


Approval and Promulgation of Implementation Plans; South 
Carolina: Approval 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 approving revisions to the South Carolina State 
Implementation Plan (SIP) submitted on March 3, 1995, by the State of 
South Carolina, through the South Carolina Department of Environment, 
Health and Natural Resources. These revisions involve R.61-62.5 
Standard Number 7. Prevention of Significant Deterioration. The 
intended effect of these revisions is to bring the South Carolina rules 
into compliance with the current EPA terminology.

DATES: This action is effective April 16, 1996 unless notice is 
received by March 18, 1996 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 addressed to: Randy Terry, 
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.
    Copies of the material submitted by the SCDEHNR may be examined 
during normal business hours at the following locations:

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 Environment, Health and Natural Resources, 
2600 Bull Street, Columbia, South Carolina 29201.

FOR FURTHER INFORMATION CONTACT: Randy Terry, 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 ext. 4212.

SUPPLEMENTARY INFORMATION: On March 3, 1995, the State of South 
Carolina, through the South Carolina Department of Environment, Health 
and Natural Resources, submitted revisions to the South Carolina State 
Implementation Plan (SIP). These revisions involve R.61-62.5 Standard 
Number 7. Prevention of Significant Deterioration.
    EPA is approving the following and revisions of existing rules in 
the South Carolina SIP. These new rules and revisions are consistent 
with the requirements of the Clean Air Act and EPA guidance.

I.C(4)

    This rule has been revised to add a reference to the definition of 
particulate matter (PM-10).

I.N(1)(c), I.O(2)(b), and I.O(3)

    These rules have been revised to add references to the PM-10 
increments in Parts N and O.

II.A

    This section was revised to replace all references to total 
suspended particulate increments with references to PM-10 increments 
and to convert all limits to PM-10 standards.

II.D

    This section which covered exclusions from increment consumption 
was removed and labeled ``reserved.''

III.D

    This section was revised to replace ``allow able'' with 
``allowable.''

III.H(1)

    This rule was revised to delete a reference to total suspended 
particulate matter.

III.I(1) through III.I(2)(ii)

    These rules were revised to ensure that Part I conforms to the 
federal rule governing the maximum allowable increase of PM-10. This 
was accomplished by requiring all owners or operators applying for a 
plant permit or modification of an existing permit after November 25, 
1994, to meet the requirements of Federal PM-10 Regulations as in 
effect on the aforementioned date.

IV.D(1)&(2)

    These rules were revised to ensure that Part D reflects the changes 
in requirements of Federal modeling due to the revision of the manual 
``Guidelines to Air Quality Models.''

IV.H(4)

    This rule was revised to correct the PM-10, 24-hour maximum 
standard from 10g/m\3\ to 30g/m\3\.

Final Action

    In this notice, EPA is approving the revisions to the South 
Carolina Environmental Management regulations listed above. 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 on 
April 16, 

[[Page 6115]]
1996. However, if notice is received by March 18, 1996 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 notice will withdraw the final action and another 
will begin a new rulemaking by announcing a proposal of the action and 
establishing 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 April 16, 1996. 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)).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    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.
    SIP approvals under 110 and subchapter I, part D of the CAA do not 
create any new requirements, but simply approve requirements that the 
State is already imposing. Therefore, because the federal SIP-approval 
does not impose any new requirements, I certify that it does not have a 
significant 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. v. 
U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. Section 
7410(a)(2) and 7410(k)(3).

Unfunded Mandates

    Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act 
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, 
EPA must undertake various actions in association with proposed or 
final rules that include a Federal mandate that may result in estimated 
costs of $100 million or more to the private sector, or to State, 
local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 110 of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain duties. To the extent that the rules being approved 
by this action will impose any mandate upon the State, local or tribal 
governments either as the owner or operator of a source or as a 
regulator, or would impose any mandate upon the private sector. EPA's 
action will impose no new requirements; such sources are already 
subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: September 19, 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 52.2120, is amended by adding paragraph (c)(39) to read 
as follows:


Sec. 52.2120  Identification of plan.

* * * * *
    (c) * * *
    (39) The PSD regulation revisions to the South Carolina State 
Implementation Plan which were submitted on March 3, 1995.
    (i) Incorporation by reference.
    (A) Regulations 61-62.5, Standard No. 7 Prevention of Significant 
Deterioration; I.C(4), I.N(1)(c), I.O(2)(b), I.O(3), II.A, II.D, 
III.D(10)(b), III.H(1), III.I(1) through III.I(2)ii, IV.D (1) & (2), 
and IV.H(4) effective on November 25, 1994.
    (ii) Other material. none
* * * * *
[FR Doc. 96-2583 Filed 2-15-96; 8:45 am]
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