[Federal Register Volume 67, Number 88 (Tuesday, May 7, 2002)]
[Rules and Regulations]
[Pages 30594-30597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11288]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC 42-200220(b); FRL-7207-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 21, 2001, the South Carolina Department of Health 
and Environmental Control submitted revisions to the South Carolina 
State Implementation Plan (SIP). These revisions include the amending 
of volatile organic compounds (VOC's), prevention of significant 
deterioration (PSD), and other miscellaneous regulations. The purpose 
of these revisions is to make the revised regulations consistent with 
the requirements of the Clean Air Act as amended in 1990. The EPA is 
approving these revisions.

DATES: This direct final rule is effective July 8, 2002 without further 
notice, unless EPA receives adverse comment by June 6, 2002. If adverse 
comment is received, EPA 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: All comments should be addressed to: Randy Terry at the EPA, 
Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 
30303-8960.
    Copies of the State submittal(s) are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8960. Randy Terry, 404/562-
9032.
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, or by 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 21, 2001, the South Carolina Department of Health and 
Environmental Control (SCDHEC) submitted revisions to the South 
Carolina SIP. These revisions include

[[Page 30595]]

the amending of volatile organic compounds (VOC's), prevention of 
significant deterioration (PSD), and other miscellaneous regulations. A 
description of each revision submitted is listed below.

II. Analysis of South Carolina's Submittal

Regulation 61-62, Air Pollution Control Regulations and Standards

    .1 Section I, Definition 94. The definition of VOC was revised to 
include volatile methyl silicates.
    .1 Section II, Permit Requirements; Part B(1). This section was 
revised to clarify when the written request for an operating permit is 
due.
    .5 Standard 1, Emissions From Fuel Burning Operations; Section I.A. 
This section was revised to clarify the opacity requirements for 
existing sources. Section I.B. This section was revised to clarify the 
opacity requirements for new sources.
    .5 Standard 4 Emissions from Process Industries; Section XI, and .5 
Standard 5, Volatile Organic Compounds; Section I, Part C. These 
sections were revised to update a reference to the Clean Air Act.
    .5 Standard 5 Volatile Organic Compounds Section I, Part A. This 
section was amended to correct the definition of ``petroleum liquids.'' 
Section II, Part A(2). This section was amended to add language to aid 
in the clarity of the regulation.
    .5 Standard 7. Prevention of Significant Deterioration. This 
regulation was replaced in whole to adopt a new regulation that 
incorporates the Federal Amendments.
    The following sections were amended to correct minor typographical 
errors--

.3 Section I, Air Pollution Episodes
    Numbers 2,3,4

.5 Standard 4 Emissions From Process Industries
    Section V, and Section VIII

.5 Standard 5 Volatile Organic Compounds
    Section I, Part D; Section I, Part E(1); Section I, Part F(3); 
Section II, Part F(2); and Section II, Part N(4).

.6 Standard, Alternative Emission Limitation Options
    Title, Section IV and Part A.2

III. Final Action

    EPA is approving the aforementioned changes to the SIP because the 
revisions are consistent with Clean Air Act and EPA regulatory 
requirements. The EPA is publishing this rule without prior proposal 
because the Agency views this as a noncontroversial submittal and 
anticipates no adverse comments. However, in the proposed rules section 
of this Federal Register publication, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision 
should adverse comments be filed. This rule will be effective July 8, 
2002 without further notice unless the Agency receives adverse comments 
by June 6, 2002.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on July 8, 2002 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United

[[Page 30596]]

States Court of Appeals for the appropriate circuit by July 8, 2002. 
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, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements.

    Dated: April 8, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows.

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401 et seq.

Subpart II--South Carolina

    2. Section 52.2120(c) is amended by revising:
    a. Regulation No. 62.1, entries for ``Section I'' and ``Section 
II'';
    b. Regulation No. 62.3 entry for ``Section I'';
    c. Regulation No. 62.5 Standard No. 1 entry for ``Section I'';
    d. Regulation No. 62.5 Standard No. 4 entries for ``Section V'', 
``Section VIII'', and ``Section XI'';
    e. Regulation No. 62.5 Standard No. 5 entries for ``Section I'' and 
``Section II, Part A, Part E, Part F and Part N'';
    f. Regulation No. 62.5 Standard No. 6 title and entry, and 
``Section II, Part A''; and
    g. Regulation No. 62.5 Standard No. 7 entire entry, to read as 
follows:


Sec. 52.2120  Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date     Federal register
                                                             date                                  notice
----------------------------------------------------------------------------------------------------------------
Regulation No. 62.1..............            Definitions, Permits Requirements, and Emissions Inventory
Section I........................  Definitions.........     10/26/01  May 7, 2002.........  [Insert citation of
                                                                                             publication].
Section II.......................  Permit requirements.     10/26/01  May 7, 2002.........  [Insert citation of
                                                                                             publication].
 
*                  *                  *                  *                  *                  *
                                                        *
Regulation No. 62.3..............                              Air Pollution Episodes
Section I........................  Episode Criteria....     10/26/01  May 7, 2002.........  [Insert citation of
                                                                                             publication].
 
*                  *                  *                  *                  *                  *
                                                        *
Regulation No. 62.5..............                         Air Pollution Control Standards
----------------------------------------------------------------------------------------------------------------
                             Standard No. 1  Emissions from Fuel Burning Operations
----------------------------------------------------------------------------------------------------------------
Section I........................  Visible Emissions...     10/26/01  May 7, 2002.........  [Insert citation of
                                                                                             publication].
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                               Standard No.  4  Emissions from Process Industries
----------------------------------------------------------------------------------------------------------------
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
Section V........................  Cotton Gins.........     10/26/01  May 7, 2002.........  [Insert citation of
                                                                                             publication].
 
*                  *                  *                  *                  *                  *
                                                        *
Section VIII.....................  Other Manufacturing.     10/26/01  May 7, 2002.........  [Insert citation of
                                                                                             publication].
 
*                  *                  *                  *                  *                  *
                                                        *
Section XI.......................  Total Reduced Sulfur     10/26/01  May 7, 2002.........  [Insert citation of
                                    Emissions of Kraft                                       publication].
                                    Pulp Mills.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                   Standard No. 5  Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section I........................  General Provisions..     10/26/01  May 7, 2002.........  [Insert citation of
                                                                                             publication].
----------------------------------------------------------------------------------------------------------------
                                  Section II   Provisions for Specific Sources
----------------------------------------------------------------------------------------------------------------
Part A...........................  Surface Coating of       10/26/01  May 7, 2002.........  [Insert citation of
                                    Cans.                                                    publication].
 
*                  *                  *                  *                  *                  *
                                                        *

[[Page 30597]]

 
Part E...........................  Surface Coating of       10/26/01  May 7, 2002.........  [Insert citation of
                                    Magnet Wire.                                             publication].
Part F...........................  Surface Coating          10/26/01  May 7, 2002.........  [Insert citation of
                                    Miscellaneous Metal                                      publication].
                                    Parts & Products.
 
*                  *                  *                  *                  *                  *
                                                        *
Part N...........................  Solvent Metal            10/26/01  May 7, 2002.........  [Insert citation of
                                    Cleaning.                                                publication].
 
*                  *                  *                  *                  *                  *
                                                        *
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                      Standard No. 6  Alternative Emissions Limitation Options (``Bubble'')
----------------------------------------------------------------------------------------------------------------
                                                            10/26/01  May 7, 2002.........  [Insert citation of
                                                                                             publication].
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                       Section II  Conditions for Approval
----------------------------------------------------------------------------------------------------------------
Part A...........................  Emissions of Total       10/26/01  May 7, 2002.........  [Insert citation of
                                    Suspended                                                publication].
                                    Particulate or
                                    Sulfur Dioxide.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                           Section III  Enforceability
----------------------------------------------------------------------------------------------------------------
                             Standard No. 7  Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
                                                            10/26/01  May 7, 2002.........  [Insert citation of
                                                                                             publication].
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 02-11288 Filed 5-6-02; 8:45 am]
BILLING CODE 6560-50-P