[Federal Register Volume 67, Number 219 (Wednesday, November 13, 2002)]
[Rules and Regulations]
[Pages 68767-68769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28698]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[SC-041, 046-200211(a); FRL-7406-7]


Approval and Promulgation of Implementation Plans; South 
Carolina; Adoption of Revision Governing Credible Evidence and Removal 
of Standard 3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to the State Implementation 
Plan (SIP) submitted on October 1, 2002, by the State of South 
Carolina, Department of Health and Environmental Control (Department). 
This revision consisted of an addition to Regulation 61-62.1, 
Definitions and General Requirements, entitled ``Section V--Credible 
Evidence.'' The submission of Section V--Credible Evidence by South 
Carolina is to meet the requirements for credible evidence set forth in 
EPA's May 23, 1994, SIP call letter. EPA is also approving a correction 
to the SIP regarding removal of Standard 3 ``Emissions from 
Incinerators'' from the SIP as requested by the State of South 
Carolina.

DATES: This direct final rule is effective January 13, 2003 without 
further notice, unless EPA receives adverse comment by December 13, 
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: Written comments should be addressed to: Sean Lakeman, EPA 
Region 4, Air Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 
30303-8960. Copies of the State submittal is 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. Sean Lakeman, 404/562-9043. South 
Carolina Department of Health and Environmental Control, 2600 Bull 
Street, Columbia, South Carolina 29201-1708.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman at 404/562-9043, or by 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background On Credible Evidence
II. South Carolina's Response to Credible Evidence
III. Removal of Standard 3
IV. Final Action
V. Administrative Requirements

I. Background On Credible Evidence

    On October 22, 1993, the EPA published a Federal Register document 
proposing an Enhanced Monitoring Program Rule. In that document, the 
EPA proposed both new regulations and amendments to several existing 
air pollution program regulations. To address the revisions to the 
Clean Air Act (CAA) regarding the use of any credible evidence the EPA 
issued a SIP call to all states in a letter dated May 23, 1994. The 
purpose of this letter was to require the states to revise their SIP to 
allow for the use of enhanced monitoring as a means of establishing 
compliance and ``any credible evidence'' to prove violations. A Federal 
Implementation Plan (FIP) was to be promulgated if the states failed to 
correct the deficiencies in the SIP by June 30, 1995. However, during 
the time between which the Enhanced Monitoring Program Rule was 
proposed and the FIP was to be in place, EPA separated the enhanced 
monitoring rule into two new parts: ``any credible evidence'' and 
``compliance assured monitoring'' (CAM); and promulgated them in 
separate Federal Register documents. The final rule for ``any credible 
evidence'' was promulgated on February 24, 1997.

II. South Carolina's Response to Credible Evidence

    In response to the May 23, 1994, SIP call, the Department submitted 
a revision to South Carolina's SIP on October 1, 2002. This revision 
consisted of the addition of Section V--Credible Evidence to Regulation 
61-62.1 Definitions and General Requirements. The purpose of Section V 
regarding the demonstration of compliance or noncompliance, or the 
certification of compliance is:
    [sbull] to clarify that any credible evidence can be used,
    [sbull] to eliminate any potential ambiguity in language regarding 
exclusive reliance on reference test methods, and
    [sbull] to curtail language that limits the types of testing or 
monitoring data that may be used. Section V specifically allows for the 
use of any credible evidence ``in the determination of non-

[[Page 68768]]

compliance by the Department or for compliance certification by the 
owners or operators of stationary sources.'' In addition, Section V 
allows for ``credible evidence'' to be used to determine whether or not 
a violation has or is occurring with respect to any standard within the 
plan.

III. Removal of Standard 3

    In a letter dated May 5, 2000, South Carolina requested the removal 
of Standard 3 ``Emissions from Incinerators'' from the SIP. EPA has 
determined that South Carolina's Standard 3 ``Emissions from 
Incinerators'' was erroneously incorporated into the SIP. EPA is 
removing this rule from the approve South Carolina SIP because the rule 
does not have a reasonable connection to the National Ambient Air 
Quality Standard (NAAQS) and related air quality goals of Section 110 
of the Clean Air Act (CAA). The intended effect of this correction to 
the SIP is to make the SIP consistent with the requirements of the CAA, 
as amended in 1990, regarding EPA action on SIP submittals and SIPs for 
national primary and secondary ambient air quality standards.

IV. Final Action

    After a thorough review of the submittal, the EPA has found that 
the October 1, 2002, submittal is adequate to meet the credible 
evidence requirements set forth in the May 1994, SIP call. EPA is also 
approving a correction to the SIP regarding removal of Standard 3 
``Emissions from Incinerators'' from the SIP as requested by the State 
of South Carolina.
    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 January 13, 2003 
without further notice unless the Agency receives adverse comments by 
December 13, 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 January 13, 2003 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.

V. 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 States Court 
of Appeals for the appropriate circuit by January 13, 2003. 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, Particulate 
matter, Reporting and recordkeeping

[[Page 68769]]

requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 1, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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 et seq.

Subpart PP--South Carolina

    2. In Sec.  52.2120 the table in paragraph (c) is amended by adding 
a new entry under Regulation No. 62.1 after Section III for ``Section V 
Credible Evidence'' and removing the entry for ``Standard No. 3 
Emissions from Incinerators'' to read as follows:


Sec.  52.2120  Identification of plan.

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    (c) * * *

                              Air Pollution Control Regulations for South Carolina
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                                                           State       EPA approval
          State citation              Title/subject   effective date       date         Federal register notice
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Regulation No. 62.1...............            Definitions, Permits Requirements and Emissions Inventory
-----------------------------------
 
                                                  * * * * * * *
Section V.........................  Credible                07/27/01        01/13/03  67 FR 68767
                                     Evidence.
 
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[FR Doc. 02-28698 Filed 11-12-02; 8:45 am]
BILLING CODE 6560-50-P