[Federal Register Volume 69, Number 153 (Tuesday, August 10, 2004)]
[Rules and Regulations]
[Pages 48395-48398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18139]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2003-SC-0001-200416(a); FRL-7799-5]


Approval and Promulgation of Implementation Plans; South 
Carolina: Source Testing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the South Carolina State 
Implementation Plan (SIP) revision submitted by the South Carolina 
Department of Health and Environmental Control on September 4, 2002, 
and July 25, 2003. These revisions consist of the establishment, 
standardization, and clarification of source testing requirements. 
South Carolina is also changing the title of Regulation 62.1 to reflect 
that it contains general provisions.

DATES: This direct final rule is effective October 12, 2004, without 
further notice, unless EPA receives adverse comment by September 9, 
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: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R04-OAR-2003-SC-0001, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the online instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the online instructions for submitting comments.
    3. E-mail: [email protected].
    4. Fax: 404-562-9019.
    5. Mail: ``R04-OAR-2003-SC-0001'', 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.
    6. Hand Delivery or Courier. Deliver your comments to: Nacosta C. 
Ward, Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, 12th floor, 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, 8:30 to 4:30, 
excluding Federal holidays.
    Instructions: Direct your comments to RME ID No. R04-OAR-2003-SC-
0001. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the Federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on

[[Page 48396]]

the Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
in RME or in hard copy 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, 8:30 to 4:30, excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, 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. The telephone number 
is (404) 562-9140. Ms. Ward can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Analysis of State's Submittal

    On September 4, 2002 and July 25, 2003, the South Carolina 
Department of Health and Environmental Control submitted revisions to 
the South Carolina State Implementation Plan. These revisions pertain 
to source testing requirements for all affected source owners or 
operators and source testers. The purpose of these revisions is to 
restore accuracy and completeness of the regulations incorporated by 
reference into the SIP and to clarify language specifying authorization 
for proposing alternate test methods.

Description of Revisions Submitted as of September 4, 2002

    a. The title of Regulation 61-62.1 is being changed to 
``Definitions and General Requirements'' to identify that the 
regulation contains general provisions.
    b. Section IV--Source Tests, is being added to Regulation 61-62.1. 
Regulation 61-62.5, Standard No. 1, Section VII--Source Test 
Requirements and Standard No. 4, Section XIII--Source Test Requirements 
are being incorporated into Regulation 61-62.1, Section IV--Source 
Tests. Regulation 61-62.5, Standard No. 1, Section VII and Standard No. 
4, Section XIII are being reserved for future use. Other amendments to 
Regulation 61-62.1 specify requirements for site-specific test plans 
including: a detailed discussion of the test objectives, accessibility 
and representativeness of sampling locations, process descriptions, in-
house testing protocol, all sampling and analytical procedures, 
internal quality assurance/quality control, data reduction and 
reporting procedures, and safety considerations.
    c. Amendments were made to Regulation 61-62.1, Section II--Permit 
Requirements and Regulation 61-62.5, Standard No. 1, Section VI--
Periodic Testing to specify that the responsible official for ensuring 
the performance of source tests is an owner or operator of stationary 
sources and to provide a requirement for sources to comply with the new 
source test section, 61-62.1 Section IV--Source Tests.
    d. Typographical corrections and clarifications were made to 
Regulation 61-62.5 for formatting consistency.

Description of Revisions Submitted as of July 25, 2003

    e. Regulation 61-62.1 Definitions and General Requirements, Section 
IV--Source Tests is being amended to clarify the language concerning 
alternate methods of source testing. These revisions address the 
comments received during the comment period.
    f. The words ``Section I'' were removed from Section II--Permit 
Requirements for formatting consistency with Regulation 61-62.5, 
Standard No. 7.

II. Final Action

    EPA is approving the aforementioned changes to the State of South 
Carolina SIP because they are consistent with the CAA and EPA policy. 
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 October 12, 
2004, without further notice unless the Agency receives adverse 
comments by September 9, 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 October 12, 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.

III. 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

[[Page 48397]]

``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 October 12, 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 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: July 27, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.


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

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart PP--South Carolina

0
2. Section 52.2120(c) is amended:
0
(a) by revising the entry for ``Regulation No. 62.1.''
0
(b) under Regulation No. 62.1, by revising the entry for ``Section II'' 
and adding the entry for ``Section IV.''
0
(c) under Regulation 62.5, Standard No. 1, by revising the entries for 
``Section VI'' and ``Section VII.''
0
(d) under Regulation 62.5, Standard No. 4, by revising the entries for 
``Section XII'' and ``Section XIII.''
0
(e) under Regulation 62.5, Standard No. 5, Section I, by adding the 
entry for ``Part E.''


Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
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                                                                    State         EPA
           State citation                   Title/subject         effective     approval      Federal Register
                                                                     date         date             Notice
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                            Regulation No. 62.1, Definitions and General Requirements
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Regulation No. 62.1................  Definitions and General        06/26/98      8/10/04  [Insert citation of
                                      Requirements.                                         publication]
 
                                                  * * * * * * *
------------------------------------
Section II.........................  Permit Requirements.......     06/27/03     08/10/04  [Insert citation of
                                                                                            publication]
 
                                                  * * * * * * *
------------------------------------
Section IV.........................  Source Tests..............     06/27/03     08/10/04  [Insert citation of
                                                                                            publication]
 
                                                  * * * * * * *
------------------------------------
                              Regulation No. 62.5, Air Pollution Control Standards
----------------------------------------------------------------------------------------------------------------
                              Standard No. 1, Emission From Fuel Burning Operations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
------------------------------------
Section VI.........................  Periodic Testing..........     06/26/98     08/10/04  [Insert citation of
                                                                                            publication]
------------------------------------
Section VII........................  Reserved..................  ...........  ...........  .....................

[[Page 48398]]

 
                                                  * * * * * * *
------------------------------------
                                Standard No. 4, Emission From Process Industries
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
------------------------------------
Section XII........................  Periodic Testing..........     06/26/98     08/10/04  [Insert citation of
                                                                                            publication]
------------------------------------
Section XIII.......................  Reserved..................  ...........  ...........  .....................
------------------------------------
                                   Standard No. 5, Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
                                          Section I, General Provisions
----------------------------------------------------------------------------------------------------------------
Part E.............................  Volatile Organic Compound      06/26/98     08/10/04  [Insert citation of
                                      Compliance Testing.                                   publication]
 
                                                  * * * * * * *
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[FR Doc. 04-18139 Filed 8-9-04; 8:45 am]
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