[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Rules and Regulations]
[Pages 3632-3634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1374]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2004-SC-0002/0003-200421(a); FRL-7863-5]


Approval and Promulgation of Implementation Plans South Carolina: 
Definitions and General Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation 
Plan (SIP) submitted by the South Carolina Department of Health and 
Environmental Control (SC DHEC) on November 14, 2003, for the purpose 
of clarifying current regulations and ensuring consistency between 
State and Federal regulations. The revisions consist of those published 
in the South Carolina State Register on August 28, 1998 and June 25, 
1999, revising Regulation 61-62.1 Definitions and General Requirements.

DATES: This direct final rule is effective March 28, 2005 without 
further notice, unless EPA receives adverse comment by February 25, 
2005. 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-2004-SC-0002 or R04-OAR-2004-SC-0003, by 
one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line 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 on-line instructions for submitting comments.
    3. E-mail: [email protected].
    4. Fax: 404-562-9019.
    5. Mail: ``R04-OAR-2004-SC-0002 or R04-OAR-2004-SC-0003'', 
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-2004-SC-
0002 or R04-OAR-2004-SC-0003. 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 website and the 
federal regulations.gov website 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 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:

[[Page 3633]]

I. Analysis of State's Submittal

    On November 14, 2003, the South Carolina Department of Health and 
Environmental Control submitted revisions to the South Carolina SIP. 
These revisions were published in the South Carolina State Register on 
August 28, 1998 and June 25, 1999, revising Regulation 61-62.1 
Definitions and General Requirements. The revisions include 
modifications to existing definitions and additions of new definitions 
and text to clarify Permitting Requirements.

1. Description of Revisions Published in the State Register as of 
August 28, 1998

    a. In Regulation 61-62.1, Section I--Definitions, the State noted a 
discrepancy in the definition of Volatile Organic Compounds (VOC) and 
submitted a revised definition to restore uniformity to the SIP.

2. Description of Revisions Published in the State Register as of June 
25, 1999

    a. In Regulation 61-62.1, Section I--Definitions, the following 
definitions are being modified using language more consistent with 
State and Federal regulations:

 Air Curtain Incinerator
 Incinerator
 Industrial Furnace
 ``Total reduced sulfur (TRS)''
 Used Oil
 Virgin Fuel
 Waste
 Waste Fuel

    The following terms are being added to Section I:

 Clean Wood
 Commercial Incinerator
 Municipal Solid Waste
 Plastics/rubber Recycling Unit
 Pyrolysis/Combustion Unit
 Refuse-derived Fuel
 Sludge Combustors
 Untreated lumber

    The following terms are being deleted from Section I:

 Municipal Incinerator
 Municipal Waste
 Sludge Incinerator

    All subsequent definitions have been renumbered and formatted for 
consistency.
    b. In Regulation 61-62.1, Section II--Permit Requirements, the 
existing text in A.2. and G.8.a. is being revised to include an 
exemption for the review and signature of construction permit 
applications. The exemption states that professional engineers employed 
by the government may also review and sign these documents if they are 
preparing applications for the Federal government.
    c. In Regulation 61-62.1, Section II, A.3., the existing language 
is revised to clearly define construction permit exempt facilities. 
Part of the existing text in Section II. A.3. will be renumbered to 
Section II. A.4.
    d. The SIP amendments to Regulation 61-62.1 were done concurrently 
with amendments to the State-only Regulation 61-62.5, Standard No. 3, 
Emissions from Incinerators. EPA will not be acting on the amendments 
to Regulation 61-62.5, Standard No. 3 because it is not a part of the 
federally approved SIP.

II. Final Action

    EPA is approving the aforementioned changes to the State of South 
Carolina SIP because they are consistent with the Clean Air Act 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 March 28, 2005 
without further notice unless the Agency receives adverse comments by 
February 25, 2005.
    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 March 28, 2005 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 
``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

[[Page 3634]]

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 March 28, 2005. 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, Intergovernmental 
relations, and Reporting and recordkeeping requirements.

    Dated: January 7, 2005.
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 under Regulation No. 62.1, by revising 
the entries for ``Section I'' and ``Section II'' to read as follows:


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 notice
                                                            date         date
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                            Regulation No. 62.1 Definitions and General Requirements
----------------------------------------------------------------------------------------------------------------
Section I........................  Definitions........     10/26/01      1/26/05  [Insert citation of
                                                                                   publication].
Section II.......................  Permit Requirements     06/27/03      1/26/05  [Insert citation of
                                                                                   publication].
 
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[FR Doc. 05-1374 Filed 1-25-05; 8:45 am]
BILLING CODE 6560-50-P