[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Rules and Regulations]
[Pages 9554-9557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4461]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[SC-200409(a); FRL-7628-5]


Approval and Promulgation of State Plan for Designated Facilities 
and Pollutants: South Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to sections 111(d)/129 plan 
submitted by the South Carolina Department of Health and Environmental 
Control (SC DHEC) for the State of South Carolina on April 12, 2002, 
for implementing and enforcing the Emissions Guidelines (EG) applicable 
to existing Commercial and Industrial Solid Waste Incineration (CISWI) 
Units that Commenced Construction On or Before November 30, 1999.

DATES: This direct final rule is effective April 30, 2004 without 
further notice, unless EPA receives adverse comment by March 31, 2004. 
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: Comments may be submitted by mail to: Joydeb Majumder, Air 
Toxics Assessment and Implementation Section, Air Toxics and Monitoring 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-8960. Comments may also be submitted 
electronically, or through hand delivery/courier. Please follow the 
detailed instructions described in sections IV.B.1. through 3. of the 
SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Joydeb Majumder, at (404) 562-9121 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 1, 2000, pursuant to sections 111 and 129 of the Clean 
Air Act (Act), EPA promulgated new source performance standards (NSPS) 
applicable to new CISWIs and EG applicable to existing CISWIs. The NSPS 
and EG are codified at 40 CFR part 60, subparts CCCC and DDDD, 
respectively. Subparts CCCC and DDDD regulate the following: 
Particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides 
of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and 
dibenzofurans.
    Section 129(b)(2) of the Act requires States to submit to EPA for 
approval of State Plans that implement and enforce the EG. State Plans 
must be at least as protective as the EG, and become Federally 
enforceable upon approval by EPA. The procedures for adoption and 
submittal of State Plans are codified in 40 CFR part 60, subpart B. EPA 
originally promulgated the subpart B provisions on November 17, 1975. 
EPA amended subpart B on December 19, 1995, to allow the subparts 
developed under section 129 to include specifications that supersede 
the general provisions in subpart B regarding the schedule for 
submittal of State Plans, the stringency of the emission limitations, 
and the compliance schedules.
    This action approves the State Plan submitted by SC DHEC for the 
State of South Carolina to implement and enforce subpart DDDD, as it 
applies to existing CISWI units only.

II. Discussion

    SC DHEC submitted to EPA on April 12, 2002, the following in their 
111(d)/129 State Plan for implementing and enforcing the EG for 
existing CISWIs under their direct jurisdiction in the State of South 
Carolina: An inventory of emissions for affected CISWI units; A 
compliance schedule, emissions limitations, operator training and 
qualification requirements, a management plan, performance testing, 
record keeping, and operating limits for affected CISWI units; 
Provision for State progress reports; South Carolina's legal authority 
to carry out section 111(d)/129 State Plan requirements and 
identification of enforcement mechanisms; A record of Public Hearing; 
and their Final Regulation for existing CISWI units.
    The approval of the South Carolina State Plan is based on finding 
that: (1) SC DHEC provided adequate public notice of public hearings 
for the EG for existing CISWIs, and (2) SC DHEC also demonstrated legal 
authority to adopt emission standards and limitations; enforce 
applicable laws, regulations, and standards, and seek injunctive 
relief; abate pollutant emissions on an emergency basis; prevent 
construction or modification where emissions will prevent attainment or 
maintenance of a national standard; obtain information necessary to 
determine whether air pollution sources are in compliance, including 
authority to require record keeping and to make inspections and conduct 
tests of air pollution sources; and require owners or operators of 
stationary sources to install, maintain and use emission monitoring 
devices and to make periodic reports to the state, and to make such 
data available to the public.
    SC DHEC cites the following references for the legal authority: The 
South Carolina Statues SC Code Secs. 48-1-20, -50(23) regarding 
adoption of emission standards and limitations; SC Code Sec. 48-1-
50(1), (3), (4), (5), (11) and Secs. 48-1-120, -130, -210, -320, -330 
regarding the enforcement of applicable laws, regulations, and 
standards, and seek injunctive relief; SC Code Sec. 48-1-290 regarding 
abatement of pollutant emissions on an emergency basis; SC Code Sec. 
48-1-50(5), (10) and Secs. 48-1-100, -110 regarding the prevention of 
construction or modification where emissions will prevent attainment or 
maintenance of a national standard; SC Code Sec. 48-1-50(10), (20), 
(22), (24) regarding obtaining information necessary to determine 
whether air pollution sources are in compliance, including authority to 
require record keeping and to make inspections and conduct tests of air 
pollution sources; and SC Code Secs. 48-1-50(22), -270 regarding 
requirements for owners or operators of stationary sources to install, 
maintain and use emission monitoring devices and to make periodic 
reports to the state, and to make such data available to the public.
    SC DHEC has adopted 40 CFR 60, subpart DDDD, by reference into 
R.61-62.60--South Carolina Designated Facility Plan and New Source 
Performance Standards, all emission standards and limitations 
applicable to existing CISWI units. These standards and limitations 
have been approved as being at least as protective as the Federal 
requirements contained in subpart DDDD for existing CISWI units.
    SC DHEC submitted compliance schedule information including a note 
of clarification for existing CISWIs under their jurisdiction in the 
State of South Carolina. The clarification regarding the compliance 
schedule indicated that SC DHEC conducted an extensive review of its 
inventory of sources to determine whether or not any of these sources 
meet the applicability criteria set forth in the rules. The result of 
the review indicated that existing CISWI units in South Carolina that 
meet the definition of a CISWI are air curtain incinerators. The 
emissions guidelines, 40 CFR 60 subpart DDDD, have few requirements for 
air curtain incinerators. Among the most significant requirements of 
the rules

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with respect to air curtain incinerators is a requirement to meet a 10 
percent opacity limit. SC DHEC has confirmed that all air curtain 
incinerators readily achieve a 10 percent opacity limit by simply 
adopting good operating practices. This portion of the Plan has been 
reviewed and approved as meeting the Federal requirements for existing 
CISWI units.
    SC DHEC submitted an emissions inventory of all designated 
pollutants for existing CISWI units under their jurisdiction in the 
State of South Carolina. This portion of the Plan has been reviewed and 
approved as being at least as protective as Federal requirements for 
existing CISWI units.
    SC DHEC includes its legal authority to require owners and 
operators of facilities to maintain records and report to their Agency 
the nature and amount of emissions and any other information that may 
be necessary to enable their Agency to judge the compliance status of 
the facilities in the State Plan. In the State Plan, SC DHEC also 
submits its legal authority to conduct periodic inspection and testing 
and provisions to report applicable emissions standards and emissions 
data to the general public.
    The State Plan outlines the authority to meet the requirements of 
monitoring, record keeping, reporting, and compliance assurance. This 
portion of the Plan has been reviewed and approved as being at least as 
protective as Federal requirements for existing CISWI units.
    SC DHEC will provide progress reports of plan implementation 
updates to the EPA on an annual basis. These progress reports will 
include the required items pursuant to 40 CFR part 60, subpart B. This 
portion of the plan has been reviewed and approved as meeting the 
Federal requirement for State Plan reporting.

III. Final Action

    This action approves the State Plan submitted by SC DHEC for the 
State of South Carolina to implement and enforce subpart DDDD, as it 
applies to existing CISWI units only. 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 April 30, 2004 without further 
notice unless the Agency receives adverse comments by March 31, 2004.
    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 April 30, 2004 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. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under SC-200409. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing at the Regulatory Development Section, Air Planning Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 9 to 3:30, excluding Federal 
holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency. South Carolina 
Department of Health and Environmental Control, Bureau of Air Quality 
Control, 2600 Bull Street, Columbia, South Carolina 29201.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking SC-200409'' in the subject line 
on the first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that

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is placed in the official public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected] please include the text ``Public comment on 
proposed rulemaking SC-200409'' in the subject line. EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly without going through Regulations.gov, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket.
    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identity, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Joydeb Majumder, Air Toxics 
Assessment and Implementation Section, Air Toxics and Monitoring Branch 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. Please include the text ``Public comment on proposed 
rulemaking SC-200409'' in the subject line on the first page of your 
comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Joydeb 
Majumder, Air Toxics Assessment and Implementation Section, Air Toxics 
and Monitoring Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 9:00 to 3:30 
excluding federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

V. Statutory and Executive Order Reviews

    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 (Pub. L. 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

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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. section 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. 
section 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 April 30, 2004. 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 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Aluminum, Fertilizers, Fluoride, 
Intergovernmental relations, Paper and paper products industry, 
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, 
Sulfuric acid plants, Waste treatment and disposal.

    Dated: February 17, 2004.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.

0
Chapter I, title 40 of the Code of Federal Regulation is amended as 
follows:

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

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

Subpart PP--South Carolina

0
2. Subpart PP is amended by adding an undesignated center heading and 
Sec.  62.10190 to read as follows:
AIR EMISSIONS FROM COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION 
(CISWI) UNITS--SECTION 111(d)/129 PLAN


Sec.  62.10190  Identification of Sources.

    The Plan applies to existing Commercial and Industrial Solid Waste 
Incineration Units that Commenced Construction On or Before November 
30, 1999.

[FR Doc. 04-4461 Filed 2-27-04; 8:45 am]
BILLING CODE 6560-50-P