[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Rules and Regulations]
[Pages 70880-70883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20767]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-SC-0003; EPA-R04-OAR-2005-SC-0005-200620b; FRL-8252-
9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving several revisions to the South Carolina State 
Implementation Plan (SIP), submitted by the South Carolina Department 
of Health and Environmental Control (SC DHEC) on April 13, 2005, and 
October 24, 2005. Both revisions include modifications to South 
Carolina's Regulation 61-62.1 ``Definitions and General Requirements.'' 
In the April 13, 2005, submission, Regulation 61-62.1 is being amended 
to be consistent with the new Federal emissions reporting requirements, 
referred to as the Consolidated Emissions Reporting Rule (CERR), and to 
streamline the existing emissions inventory requirements. SC DHEC is 
taking an action that is consistent with the final rule, published on 
June 10, 2002 (67 FR 39602).
    The October 24, 2005 submittal revises the definition of Volatile 
Organic Compounds (VOC). The revision adds several compounds to the 
list of compounds excluded from the definition of VOC on the basis that 
they make a negligible contribution to ozone formation, and similarly 
removes several compounds from the definition of VOC.
    This action is being taken pursuant to section 110 of the Clean Air 
Act (CAA).

DATES: This direct final rule is effective February 5, 2007 without 
further notice, unless EPA receives adverse comment by January 8, 2007. 
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 Docket ID No. ``EPA-R04-
OAR-2005-SC-0003, EPA-R04-OAR-2005-SC-0005'' by one of the following 
methods:
    1. http://www.regulations.gov: Follow the online instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: 404-562-9019.
    4. Mail: ``EPA-R04-OAR-2005-SC-0003, EPA-R04-OAR-2005-SC-0005,'' 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region Forsyth Street, SW., Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Nacosta Ward, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division floor, U.S. Environmental Protection Agency, Region 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 EPA Docket ID No. ``R04-OAR-
2005-SC-0005-SC-0003, EPA-R04-OAR-2005-SC-005.'' 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://www.regulations.gov, 
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 through www.regulations.gov or e-mail, information that 
you consider to be CBI or otherwise protected. The www.regulations.gov 
is an ``anonymous access'' system, 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 www.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. For additional information about public docket 
visit the EPA Docket Center at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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 www.regulations.gov or 
in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region Forsyth Street, SW., Atlanta, 
Georgia 30303-8960. EPA requests that if at all possible, you contact 
the person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are 8:30 to 4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Nacosta Ward, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management

[[Page 70881]]

Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9040. Ms. Ward can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Today's Action

Revisions Submitted on April 13, 2005

    On April 13, 2005, SC DHEC submitted proposed SIP revisions to EPA 
for review and approval into the South Carolina SIP. The proposed 
revisions include changes made by the State of South Carolina to 
Regulation 61-62.1, regarding CERR reporting requirements. The rules 
became state effective on February 25, 2005. The purpose of the CERR is 
to simplify emissions reporting, establish new reporting requirements 
for PM2.5 and establish statewide reporting of area source and mobile 
source emissions. Currently, the CERR requires that all facilities 
needing to obtain a Title V permit must submit an emissions inventory 
every two years. Approximately 50 of the 354 current Title V sources 
(Type A sources) will be required to increase their emissions inventory 
reporting to an annual basis. However, the majority of the Title V 
sources (Type B sources) with fewer emissions, approximately 80 of 354 
current sources, will only need to submit their emissions inventory 
every three years. Thus, the reporting requirements for these sources 
will decrease from every other year to every third year. The remaining 
Title V sources, except those that emit significant hazardous air 
pollutants (HAPs) will gain an even greater decrease in the reporting 
requirements. If those sources have submitted an initial inventory, no 
further reporting will be required. Those sources that emit significant 
HAPs will also have a decrease in reporting requirements, from every 
other year to every three years. SC DHEC is revising these revisions to 
be consistent with the new Federal emissions reporting requirements, 
and to revise existing State specific requirements to streamline the 
reporting process. EPA is now taking direct final action to approve the 
proposed revisions, which include revising the CERR emissions reporting 
regulations. The proposed revisions summarized above are approvable 
pursuant to section 110 of the CAA.

Revisions Submitted on October 24, 2005

    Tropospheric ozone, a major component of smog, is formed when VOCs 
and nitrogen oxides react in the atmosphere. Because of the harmful 
health effects of ozone, EPA limits the amount of VOCs and that can be 
released into the atmosphere. VOCs are those compounds of carbon 
(excluding carbon monoxide, carbon dioxide, carbonic acid, metallic 
carbides, or carbonates, and ammonium carbonate) which form ozone 
through atmospheric photochemical reactions. Compounds of carbon (or 
organic compounds) have different levels of reactivity; they do not 
react at the same speed, or do not form ozone to the same extent. It 
has been EPA's policy that compounds of carbon with a negligible level 
of reactivity need not be regulated to reduce ozone (see 42 FR 35314, 
July 8, 1977). EPA determines whether a given carbon compound has 
``negligible'' reactivity by comparing the compound's reactivity to the 
reactivity of ethane. EPA lists these compounds in its regulations (at 
40 CFR 51.100(s)) and excludes them from the definition of VOC. The 
chemicals on this list are often called ``negligibly reactive.'' EPA 
may periodically revise the list of negligibly reactive compounds to 
add compounds to or delete them from the list. EPA promulgated such 
changes on November 29, 2004 (69 FR 69298).
    On October 24, 2005, SC DHEC submitted proposed SIP revisions to 
EPA for review and approval into the South Carolina SIP. The proposed 
revisions include changes made by the State of South Carolina to 
Regulation 61-62.1, regarding the definition of VOC, to reflect EPA's 
November 29, 2004, changes. The rules became state effective on August 
26, 2005. Specifically, South Carolina is removing the following 
compounds from the definition of VOC:

 2 (ethoxydifluoromethyl) (1,1,1,2,3,3,3 heptafluoropropane)
 (C4F9OCH3) (1,1,1,2,2,3,3,4,4 
nonafluoro 4 methoxybutane)
 (C4F9OC2H5) (1 
ethoxy 1,1,2,2,3,3,4,4,4 nonafluorobutane)
 CFC-113 (trichlorotrifluoroethane)
 CFC-114 (dichlorotetrafluoroethane)
 HCFC-123 (dichlorotrifluoroethane)
 HCFC-134a (tetrafluoroethane)
 HCFC-141b (dichlorofluoroethane)
 HCFC-142b (chlorodifluoroethane)
 Methylene chloride
 Perchloroethylene

    South Carolina is adding the following compounds to the definition 
of VOC:

 
(CF3)2CFCF2OC2H5 
to (2-(ethoxydi&fnlfluoromethyl)-(1,1,1,2,3,3,3-heptafluoropropane)
 CFC-113 (1,1,2-trichloro-1,2,2-trifluoroethane)
 CFC-114 (1,2-dichloro-1,1,2,2-tetrafluoroethane)
 HCFC-123 (1,1,1-trifluoro-2,2-dichloroethane)
 HCFC-134a (1,1,1,2-tetrafluoroethane)
 HCFC-141b (1,1-dichloro-1-fluoroethane)
 HCFC-142b (1-chloro-1,1-difluoroethane)
 HFC-227ea (1,1,1,2,3,3,3-heptafluoropropane)
 HFE-7000 (1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane) or (n-
C3F7OCH3)
 HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane) or 
(C4F9OCH3)
 HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane) or 
(C4F9OC2H5)
 HFE-7500 (3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
(trifluoromethyl) hexane
 Methylene chloride (dichloromethane)
 Methyle formate (HCOOCH3)
 Perchloroethylene (tetrachloroethylene); and perfluorocarbon 
compounds that fall into these classes:

    (i) Cyclic, branched, or linear, completely fluorinated alkanes;
    (ii) Cyclic, branched, or linear, completely fluorinated alkanes;
    (iii) Cyclic, branched, or linear, completely fluorinated ethers 
with no unsaturations;
    (iv) Sulfur containing perfluorocarbons with no unsaturations and 
with sulfur bonds only to carbon and fluorine.

II. Final Action

    EPA is approving revisions to South Carolina's Regulation 61-62.1 
``Definitions and General Requirements.'' These revisions include 
changes to the CERR reporting requirements, and the definition of VOCs. 
These changes are consistent with the CAA.
    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 February 5, 2007 
without further notice unless the Agency receives adverse comments by 
January 8, 2007.

[[Page 70882]]

    If 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. 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 February 5, 2007 and no 
further action will be taken on the proposed rule.

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 CAA. 
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 CAA. 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 CAA. 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, 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. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 5, 2007. 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 requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: November 21, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Amend 40 CFR part 52 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 
entries for ``Section I'' and ``Section III'' to read as follows:


Sec.  52.2120  Identification of Plan.

* * * * *
    (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 and General Requirements
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Section I............  Definitions............      08/26/2005      12/07/2006  [Insert citation
                                                                                of publication].
 
                                                  * * * * * * *
Section III..........  Emissions Inventory....      02/25/2005      12/07/2006  [Insert citation
                                                                                of publication].
 

[[Page 70883]]

 
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[FR Doc. E6-20767 Filed 12-6-06; 8:45 am]
BILLING CODE 6560-50-P