[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24851-24853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10920]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0217; FRL-9962-30-Region 4]


Air Plan Approval; South Carolina: Air Emissions Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve changes to the South Carolina State 
Implementation Plan (SIP) to address requirements for the reporting of 
emissions of criteria air pollutants (CAPs) and their precursors. EPA 
is approving a SIP revision submitted on June 14, 2010, by the State of 
South Carolina, through the South Carolina Department of Health and 
Environmental Control (SC DHEC), and portions of subsequent SIP 
revisions submitted on August 8, 2014 and November 4, 2016, which 
further revise the regulations concerning the reporting of emissions. 
This action is being taken pursuant to the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective July 31, 2017 without 
further notice, unless EPA receives adverse comment by June 30, 2017. 
If EPA receives such comments, it 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-2016-0217 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Air Emissions Reporting Requirements (AERR), set forth at 40 
CFR part 51, subpart A, are requirements for the reporting of CAPs and 
precursors for all point sources, mobile sources, and nonpoint sources. 
The requirements for reporting of point source emissions from states to 
the emissions inventory system (EIS) is outlined in Appendix A to 
subpart A, which sets an annual or triennial reporting period based on 
thresholds of potential to emit. This set of reporting requirements and 
schedules, promulgated October 17, 2008 (73 FR 76539), replaced the 
Consolidated Emissions Reporting Requirements (CERR) established on 
June 10, 2002 (67 FR 39602). The CERR replaced prior reporting 
requirements under 40 CFR part 51, subpart Q. It expanded the 
pollutants covered and geographic areas reporting, and served as the 
basis for data collection in the EIS, which is used to develop the 
national emissions inventory (NEI). The AERR rulemaking was promulgated 
in an effort to harmonize various reporting requirements for the 
states, including those previously established with the CERR, 
additional reporting required for ozone and carbon monoxide 
nonattainment areas, and reporting requirements under the oxides of 
nitrogen (NOX) SIP Call. The AERR was later revised on 
February 19, 2015, to make those reporting requirements for 
nonattainment areas and the NOX SIP Call optional under 40 
CFR part 51, subpart A, among other changes. See 80 FR 8787.

II. Analysis of State's Submittal

    This SIP revision, submitted first in the June 14, 2010, submittal, 
and later updated in the August 8, 2014, and November 4, 2016, 
submittals, clarifies federal requirements for reporting of point 
source emissions as revised in the AERR at South Carolina Regulation 
61-62.1, Section III--``Emissions Inventory and Emissions Statements.'' 
South Carolina previously adopted the CERR provisions for major source 
reporting, which were approved into the SIP on December 7, 2006 (71 FR 
70880). The June 14, 2010, submittal and the portions of the August 8, 
2014, and November 4, 2016, submittals addressed in this action update 
those requirements to be consistent with the AERR. EPA is not acting on 
the portion of the August 8, 2014, submittal that formally adopted the 
emissions statement requirement in South Carolina's SIP for sources of 
NOX and volatile organic compounds (VOC) pursuant to CAA 
section 182(a)(3)(B), covering nonattainment areas for the ozone 
national ambient air quality standards (NAAQS). This portion of the 
August 8, 2014, submittal was approved on June 12, 2015 (80 FR 33413). 
EPA is also not acting on other portions of the August 8, 2014, and 
November 4, 2016, submittals revising other South Carolina 
regulations.\1\
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    \1\ EPA is not acting on the additional changes made in the 
August 8, 2014, submittal to the following rules: Regulation 61-
62.1, Section I--``Definitions;'' Regulation 61-62.1, Section II--
``Permit Requirements;'' Regulation 61-62.1, Section IV--``Source 
Tests;'' Regulation 61-62.1, Section V--``Credible Evidence;'' 
Regulation 61-62.5, Standard No. 1--``Emissions from Fuel Burning 
Operations;'' or Regulation 61-62.5, Standard No. 4--``Emissions 
from Process Industries.'' EPA is also not acting on the additional 
changes made in the November 4, 2016, submittal to the following 
rules: Regulation 61-62.1, Section II--``Permit Requirements;'' 
Regulation 61-62.5, Standard No. 1--``Emissions from Fuel Burning 
Operations;'' Regulation 61-62.5, Standard No. 2--``Ambient Air 
Quality Standards;'' or Regulation 61-62.5, Standard No. 4--
``Emissions from Process Industries.'' EPA will address these 
additional changes to the South Carolina SIP in a separate action. 
Finally, EPA is not acting on the change made to Regulation 61-
62.60--``South Carolina Designated Facility Plan and New Source 
Performance Standards'' because this is not part of the federally 
approved SIP.

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[[Page 24852]]

    The three submittals from SC DHEC addressed in this action formally 
adopt the federal AERR provisions and thresholds for point sources into 
the SIP, thereby providing a mechanism for the state to collect 
emissions from sources and report those to EPA. The point source 
reporting in the AERR generally applies to major sources, as defined in 
40 CFR part 70, the title V regulations. These types of sources are 
required to report annual emissions in a triennial period. For certain 
larger point sources, emissions are required to be reported annually 
through the EIS.
    The AERR also provides for triennial reporting of VOCs for minor 
sources in ``serious,'' ``severe,'' and ``extreme'' ozone nonattainment 
areas for sources that emit greater than or equal to 50 tpy, 25 tpy and 
10 tpy, respectively. The AERR also requires reporting of emissions of 
particulate matter with a diameter of 10 micrometers or less 
(PM10) that are greater than or equal to 70 tpy in any area 
designated as ``serious'' nonattainment for PM10. South 
Carolina's June 14, 2010, August 8, 2014, and November 4, 2016, 
submittals adopt these nonattainment inventory reporting requirements 
in full.
    In addition, the AERR was recently updated on February 19, 2015, to 
provide for a lower threshold for the reporting of lead emissions, 
independent of the designation with respect to the lead NAAQS (80 FR 
8787). The lead reporting requirement is based on a threshold of 0.5 
tpy of monitored emissions, which means reporting is triggered by 
actual emissions rather than potential emissions. South Carolina's 
November 4, 2016, submittal, incorporates this update to the AERR.
    Finally, emissions other than CAPs are at the state's discretion to 
report to the EIS, such as hazardous air pollutants (HAPs) (40 CFR 
51.15(a)(4)). South Carolina originally included the reporting of HAPs 
in its June 14, 2010, adoption of AERR provisions, but removed this 
requirement in its August 8, 2014, update to its rules. The net effect 
of these revisions is that HAPs are not required to be reported in this 
format.
    EPA is approving South Carolina's adoption of federal AERR 
provisions as described above pursuant to the CAA.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporate by reference of SC DHEC 
Regulation 61-62.1, Section III, entitled ``Emissions Inventory,'' 
effective September 23, 2016. Therefore, these materials have been 
approved by EPA for inclusion in the State implementation plan, have 
been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\2\ EPA has made, and will 
continue to make, these documents generally available electronically 
through https://www.regulations.gov and/or in hard copy at the EPA 
Region 4 office (see the ADDRESSES section of this preamble for more 
information).
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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving changes to South Carolina Regulation 61-62.1, 
Section III, made on June 14, 2010, and later revised on August 8, 
2014, and November 4, 2016. These changes revise South Carolina's 
emissions reporting requirements for point sources in its SIP to be 
consistent with federal regulations.
    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 July 31, 2017 
without further notice unless the Agency receives adverse comments by 
June 30, 2017.
    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 July 31, 2017 and no 
further action will be taken on the proposed rule.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this direct final rule for South Carolina does not 
have Tribal implications as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000), because it does not have substantial direct 
effects on an Indian Tribe. The Catawba Indian Nation Reservation is 
located within York

[[Page 24853]]

County in South Carolina. Pursuant to the Catawba Indian Claims 
Settlement Act, S.C. Code Ann. 27-16-120, ``all state and local 
environmental laws and regulations apply to the [Catawba Indian Nation] 
and Reservation and are fully enforceable by all relevant state and 
local agencies and authorities.'' EPA notes that today's action will 
not impose substantial direct costs on Tribal governments or preempt 
Tribal law.
    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 action 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 July 31, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 27, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.


0
40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 by revising an entry under 
``Regulation No. 62.1'' entitled ``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      Federal Register
          State citation                Title/subject      effective date       date               notice
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                                                  * * * * * * *
Section III.......................  Emission Inventory          9/23/2016       5/31/2017  [Insert Federal
                                     and Emissions                                          Register page
                                     Statement.                                             citation]
 
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[FR Doc. 2017-10920 Filed 5-30-17; 8:45 am]
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