[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Rules and Regulations]
[Pages 64017-64020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26772]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-201152; FRL-9480-3]


Approval and Promulgation of Air Quality Implementation Plans; 
South Carolina; Update to Materials Incorporated by Reference; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: On April 25, 2011, EPA published a final rule providing the 
public with notice of the update to the South Carolina State 
Implementation Plan (SIP) compilation. This action corrects 
typographical errors in the regulatory language in EPA's April 25, 
2011, final rule.

DATES: This action is effective October 17, 2011.

ADDRESSES: Copies of the documentation used in the action being 
corrected are available for inspection during normal business hours at 
the following location: U.S. Environmental Protection Agency, Region 4, 
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Lynorae Benjamin, Chief, 
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. Ms. 
Benjamin can be reached at 404-562-9040, or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: This action corrects typographical errors in 
the regulatory language for several entries that appear in paragraphs 
(c) and (e) of South Carolina's Identification of Plan at 40 CFR 
52.2120. The final action, which provided the public with notice of the 
update to the South Carolina SIP compilation, was approved by EPA on 
April 25, 2011 (76 FR 22817). However, EPA inadvertently cited, 
incorrect State effective dates, EPA approval dates, and Federal 
Register notice citations. Therefore, EPA is correcting these 
typographical errors by inserting the correct entries into paragraphs 
(c) and (e) of 40 CFR 52.2120.
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary, or contrary to the 
public interest. Public notice and comment for this action are 
unnecessary because today's action to correct inadvertent errors 
contained in paragraphs (c) and (e) of 40 CFR 52.2120 of the rulemaking 
and has no substantive impact on EPA's April 25, 2011, approval. In 
addition, EPA can identify no particular reason why the public would be 
interested in being notified of the correction, or in having the 
opportunity to comment on the correction prior to this action being 
finalized, since this correction action does not change the meaning of 
EPA's action to approve the changes to

[[Page 64018]]

paragraphs (c) and (e) of 40 CFR 52.2120.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this correction to become effective on the date of publication of 
this action. Section 553(d)(3) of the APA allows an effective date less 
than 30 days after publication ``as otherwise provided by the agency 
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3). 
The purpose of the 30-day waiting period prescribed in APA section 
553(d)(3) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Today's rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, today's action merely corrects typographical errors in 
paragraphs (c) and (e) of a prior rulemaking by correcting the State 
effective dates, EPA approval dates, and Federal Register notice 
citations as identified above in 40 CFR 52.2120 in a revision, which 
EPA approved on April 25, 2011. For these reasons, EPA finds good cause 
under APA section 553(d)(3) for this correction to become effective on 
the date of publication of this action.

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 corrects typographical errors in paragraphs (c) and (e) of a 
prior rulemaking by correcting the citation as identified above in 40 
CFR 52.2120, which EPA approved on April 25, 2011, 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 
merely corrects inadvertent errors in paragraphs (c) and (e) of a prior 
rule, 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 rule 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 rule merely corrects typographical 
errors in paragraphs (c) and (e) of a prior rulemaking by correcting 
citations as identified above in 40 CFR 52.2120 in a revision which EPA 
approved on April 25, 2011, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act (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 addition, this rule does not involve technical 
standards, 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 also 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 16, 2011. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: October 6, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52, 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 is amended as follows:
0
a. In paragraph (c), revise the entries for:
0
i. Section V;
0
ii. Standard No. 4, Sections IX and X;
0
iii. Standard No. 5, Section II, Parts B through D, G, H, O through R, 
and T;
0
iv. Standard No. 7 heading;
0
v. Standard No. 7, Regulation No. 62.7, Sections I through IV; and
0
vi. Standard No. 7, Regulation No. 62.96.
0
b. In paragraph (e), revise the first, fourth, and fifth entries.


Sec.  52.2120  Identification of plan.

* * * * *
    (c) EPA approved regulations.

[[Page 64019]]



                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                                State       EPA approval      Federal Register
          State citation                Title/subject      effective date       date               notice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section V.........................  Credible Evidence....       7/27/2001      11/13/2002  67 FR 68767
 
                                                  * * * * * * *
Standard No. 4....................  Emissions From         ..............  ..............  .....................
                                     Process Industries.
 
                                                  * * * * * * *
Section IX........................  Visible Emissions....       4/22/1988        7/2/1990  55 FR 27226
Section X.........................  Non-Enclosed                4/22/1988        7/2/1990  55 FR 27226
                                     Operations.
 
                                                  * * * * * * *
Standard No. 5....................  Volatile Organic
                                     Compounds.
 
                                                  * * * * * * *
Section II........................  Provisions for
                                     Specific Sources.
Part B............................  Surface Coating of          8/24/1990        2/4/1992  57 FR 4158
                                     Coils.
Part C............................  Surface Coating of          8/24/1990        2/4/1992  57 FR 4158
                                     Paper, Vinyl, and
                                     Fabric.
Part D............................  Surface Coating of          8/24/1990        2/4/1992  57 FR 4158
                                     Metal Furniture and
                                     Large Appliances.
 
                                                  * * * * * * *
Part G............................  Surface Coating of          2/25/1983      10/31/1983  48 FR 50078
                                     Flat Wood Paneling.
Part H............................  Graphic Arts--              2/25/1983      10/31/1983  48 FR 50078
                                     Rotogravure
                                     Flexography.
 
                                                  * * * * * * *
Part O............................  Petroleum Liquid            2/25/1983      10/31/1983  48 FR 50078
                                     Storage in Fixed
                                     Roof Tanks.
Part P............................  Petroleum Liquid            2/25/1983      10/31/1983  48 FR 50078
                                     Storage in External
                                     Floating Roof Tanks.
Part Q............................  Manufacture of              2/25/1983      10/31/1983  48 FR 50078
                                     Synthesized
                                     Pharmaceutical
                                     Products.
Part R............................  Manufacture of              2/25/1983      10/31/1983  48 FR 50078
                                     Pneumatic Rubber
                                     Tires.
 
                                                  * * * * * * *
Part T............................  Bulk Gasoline               2/25/1983      10/31/1983  48 FR 50078
                                     Terminals and Vapor
                                     Collection Systems.
 
                                                  * * * * * * *
Standard No. 7....................  Prevention of               6/24/2005        6/2/2008  73 FR 31378
                                     Significant
                                     Deterioration\1\.
 
                                                  * * * * * * *
Regulation No. 62.7...............  Good Engineering            5/23/1986       5/28/1987  52 FR 19858
                                     Practice Stack
                                     Height.
Section I.........................  General..............       5/23/1986       5/28/1987  52 FR 19858
Section II........................  Applicability........       5/23/1986       5/28/1987  52 FR 19858
Section III.......................  Definitions and             5/23/1986       5/28/1987  52 FR 19858
                                     Conditions.
Section IV........................  Public Participation.       5/23/1986       5/28/1987  52 FR 19858
Regulation No. 62.96..............  Nitrogen Oxides (NOX)      10/24/2008      10/16/2009  74 FR 53167
                                     and Sulfur Dioxide
                                     (SO2) Budget Trading
                                     Program General
                                     Provisions.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This regulation (submitted on July 1, 2005) includes two portions of EPA's 2002 NSR Reform Rules that were
  vacated by the D.C. Circuit Court--Pollution Control Projects (PCPs) and clean units. As a result, EPA is
  disapproving all rules and/or rule sections in the South Carolina PSD rules referencing clean units or PCPs.
  Specifically, the following South Carolina rules are being disapproved: (a)(2)(iv)(e); (a)(2)(iv)(f) (second
  sentence only); (a)(2)(vi); (b)(12); (b)(30)(iii)(h); (b)(34)(iii)(b); (b)(34)(vi)(d); (b)(35); (r)(6) (only
  the reference to the term ``clean unit'' is being disapproved. The remainder of this regulatory provision is
  being approved); (r)(7) (only the reference to the term ``clean unit'' is being disapproved. The remainder of
  this regulatory provision is being approved); (x); (y) and (z).

* * * * *
    (e) EPA-approved South Carolina non-regulatory provisions.

[[Page 64020]]



 
----------------------------------------------------------------------------------------------------------------
                                     State
           Provision            effective date         EPA approval date                   Explanation
----------------------------------------------------------------------------------------------------------------
Cherokee County Ozone                6/26/1998  12/18/1998, 63 FR 70019........  ...............................
 Attainment Demonstration and
 Ten-year Maintenance Plan.
 
                                                  * * * * * * *
Attainment Demonstration for         6/25/2004  8/26/2005, 70 FR 50195.........  ...............................
 the Appalachian, Catawba, Pee
 Dee, Waccamaw, Santee
 Lynches, Berkeley-Charleston-
 Dorchester, Low Country,
 Lower Savannah, Central
 Midlands, and Upper Savannah
 Early Action Compact Areas.
South Carolina Transportation       11/19/2008  7/28/2009, 74 FR 37168.........  ...............................
 Conformity Air Quality
 Implementation Plan.
 
                                                  * * * * * * *
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[FR Doc. 2011-26772 Filed 10-14-11; 8:45 am]
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