[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Rules and Regulations]
[Pages 67584-67586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32341]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-21-1; SC-23-1-9832a; FRL-6197-6]


Approval and Promulgation of Implementation Plans; South 
Carolina: Approval of Revisions to the South Carolina SIP Regarding 
Volatile Organic Compounds (VOC) Definition Adoptions

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) which were submitted to EPA by South 
Carolina, through the South Carolina Department of Health and 
Environmental Control (SCDHEC), on June 6, 1989, and September 27, 
1990. The EPA is approving the revisions and adoptions of general 
definitions to the South Carolina regulation 62.1 Definitions, Permit 
Requirements, and Emission Inventory.

DATES: This final rule is effective February 8, 1999 unless adverse or 
critical comments are received by January 7, 1999. If EPA receives such 
comments, it will publish a timely withdrawal of the direct final rule 
in the Federal Register and inform the public that the rule will not 
take effect.

ADDRESSES: Written comments on this action should be addressed to Randy 
B. Terry at the Environmental Protection Agency, Region 4, Air Planning 
Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies of 
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. 
Reference South Carolina files 21-1, and 23-1. The Region 4 office may 
have additional background documents not available at the other 
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 Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303.
South Carolina Department of Health and Environmental Control 2600 Bull 
Street, Columbia, South Carolina 29201-1708.

FOR FURTHER INFORMATION CONTACT: Randy B. Terry at (404) 562-9032.

SUPPLEMENTARY INFORMATION: On June 6, 1989 and September 27, 1990, the 
State of South Carolina submitted revisions to the South Carolina SIP. 
The revisions include modifications to existing definitions and 
additions of new definitions. EPA is approving the revisions described 
herein as listed in regulation 62.1 Definitions, Permit Requirements 
and Emission Inventory.
    South Carolina adopted these revisions into the South Carolina 
State Implementation Plan to adequately define words that are used 
throughout the SIP. EPA is approving the following new definitions 
because they are consistent with EPA requirements:
     Afterburner.
     Air curtain incinerator.
     Boiler.
     Chemotherapeutic waste.
     ``Continuous program of physical on-site construction.''
     Crematory incinerator.
     Hazardous waste.
     Hazardous waste fuel.
     Hazardous waste incinerator.
     Industrial boiler.
     Industrial furnace.
     Industrial incinerator.
     ``In existence.''
     Infectious waste.
     Medical waste.
     Medical waste incinerator.
     Medical waste incinerator facility.
     Multiple-chamber incinerator.
     Municipal incinerator.
     Municipal waste.
     Non-industrial boiler.
     Non-industrial furnace.
     Non-spec oil.
     Retail business type incinerator.
     Sludge incinerator.
     Substantial loss.
     Used oil.
     Utility boiler.
     Virgin fuel.
     Waste.
     Waste fuel.
    South Carolina amended their state definition for incinerator to be 
more consistent with the EPA requirements.

Final Action

    The EPA is approving the aforementioned revisions contained in the 
State's June 6, 1989 and September

[[Page 67585]]

27, 1990, submittals because they are compatible with the requirements 
set forth in the Clean Air Act amendments of 1990.
    The EPA is publishing this action 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 February 8, 1999 unless, by January 7, 1999, 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 be 
addressed in a subsequent final rule based on the 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 February 8, 1999.
    Nothing in this action should be construed as making any 
determination or expressing any position regarding South Carolina's 
audit privilege and penalty immunity law S.C. code ann. 4587-57-10 et. 
seq. (Supp. 1996) or its impact upon any approved provision in the SIP, 
including the revision at issue here. The action taken herein does not 
express or imply any viewpoint on the question of whether there are 
legal deficiencies in this or any other Clean Air Act program resulting 
from the effect of South Carolina's audit privilege and immunity law. A 
state audit privilege and immunity law can affect only state 
enforcement and cannot have any impact on federal enforcement 
authorities. EPA may at any time invoke its authority under the Clean 
Air Act, including, for example, sections 113, 167, 205, 211 or 213, to 
enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the Clean Air Act is likewise 
unaffected by a state audit privilege or immunity law.

I. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review''.

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995

[[Page 67586]]

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    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 rule 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. This rule is not a 
``major rule as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 8, 1999. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: November 23, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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. In Section 52.2120, the entry for Regulation number 62.1 Section 
I Definitions in the ``EPA Approved South Carolina Regulations'' table 
in paragraph (c) is revised to read as follows:


Sec. 52.2120  Identification of plan.

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    (c) EPA approved regulations.

                              Air Pollution Control Regulations for South Carolina
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                                                                                                      Federal
           State citation                   Title/subject              State       EPA approval      register
                                                                  effective date       date           notice
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Regulation No. 62.1                           Definitions, Permits Requirements, and Emissions Inventory
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Section I..........................  Definitions................         5/25/90          2/8/99
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[FR Doc. 98-32341 Filed 12-7-98; 8:45 am]
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