[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38828-38832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17226]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0385; FRL-9966-20-Region 4]


Air Plan Approval; SC: Multiple Revisions to Air Pollution 
Control Standards

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 revise miscellaneous rules covering air 
pollution control standards. EPA is approving portions of SIP revisions 
submitted by the State of South Carolina, through the South Carolina 
Department of Health and Environmental Control (SC DHEC), on

[[Page 38829]]

the following dates: October 1, 2007, July 18, 2011, June 17, 2013, 
August 8, 2014, August 12, 2015, July 27, 2016, and November 4, 2016. 
These actions are being taken pursuant to the Clean Air Act (CAA or 
Act).

DATES: This direct final rule is effective October 16, 2017 without 
further notice, unless EPA receives adverse comment by September 15, 
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-2017-0385 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: Richard Wong, 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. Wong can be reached via telephone at (404) 562-8726 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2007, July 18, 2011, June 17, 2013, August 8, 2014, 
August 12, 2015, July 27, 2016, and November 4, 2016, SC DHEC submitted 
SIP revisions to EPA for approval that involve changes to South 
Carolina's SIP regulations to make administrative and clarifying 
amendments, revise regulations, and correct typographical errors. These 
SIP submittals make changes to several air quality rules in South 
Carolina Code of Regulations Annotated (S.C. Code Ann. Regs.). The 
changes EPA is approving into the SIP in this action modify portions of 
Regulation 61-62.5, Standard No. 1--Emissions From Fuel Burning 
Operations and Regulation 61-62.5, Standard No. 4--Emissions From 
Process Industries. EPA is not acting on other revisions that are 
included in these submittals. EPA will act on those changes in separate 
actions.

II. Analysis of South Carolina's Submittals

A. Regulation 61-62.5, Standard No. 1--Emissions From Fuel Burning 
Operations

    South Carolina is amending multiple sections at Regulation 61-62.5, 
Standard No. 1--Emissions from Fuel Burning Operations. The July 18, 
2011, submittal revises subparagraph C of Section I --Visible Emissions 
by excluding natural gas fired units from maintaining an information 
log to determine periods of startup and shutdown. The August 12, 2015, 
submittal further revises the subparagraph adding propane fired units 
to the log keeping exception and corrects typographical errors in the 
Standard.
    CAA section 110(l) provides that EPA shall not approve a revision 
to a plan if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress (as 
defined in CAA section 171), or any other applicable requirement of the 
CAA. SC DHEC considered CAA section 110(l) in making these changes and 
explains in a letter dated December 30, 2016, that the state expects no 
increase in actual emissions as a result of exempting units burning 
only natural gas and propane fuels from maintaining logs because there 
are no opacity concerns with these type of fuels during startup, 
shutdown, or normal operations. Because natural gas and propane contain 
relatively minor amounts of the constituents (particulate matter and 
sulfur) that could result in visible emissions, this change to 
subparagraph C will not result in any increase in emissions and will 
not affect the State's ability to attain or maintain state or federal 
standards or reasonable further progress.
    The August 8, 2014, submittal makes the following changes: (1) 
Clarifies sulfur dioxide maximum allowable discharge limits at Section 
III--Sulfur Dioxide Emissions and (2) makes administrative and 
clarifying edits throughout Standard No. 1. The revision in Section 
III--Sulfur Dioxide Emissions streamlines the requirement by setting a 
maximum sulfur dioxide (SO2) limit of 2.3 pounds per million 
British thermal units (lb/MMBtu) from fuel burning operations. The 
current approved Standard sets two SO2 limits, 2.3 lb/MMBtu 
or 3.5 lb/MMBtu across various classification categories. Therefore, 
this revision would streamline the rule to the lower of the two limits 
allowed for such sources. Lastly, this submittal makes administrative 
and clarifying edits in Section I --Visible Emissions, Section III--
Sulfur Dioxide Emissions, Section IV--Opacity Monitoring Requirements, 
and Section VI--Periodic Testing.
    The November 4, 2016, submittal makes typographical corrections 
under Section IV--Opacity Reporting Requirements. EPA has reviewed the 
aforementioned changes to South Carolina's Regulation 61-62.5, Standard 
No. 1 and is approving the changes into the SIP pursuant to CAA section 
110.

B. Regulation 61-62.5, Standard No. 4--Emissions From Process 
Industries

    South Carolina is amending multiple sections at Regulation 61-62.5, 
Standard No. 4--Emissions from Process Industries. The October 1, 2007, 
submittal removes Section IV--Portland Cement Manufacturing from the 
SIP. This rule contains particulate matter (PM) emission limits for 
cement kilns with a production rate of up to 120 tons per hour and it 
establishes a 20 percent allowable stack opacity limit for certain 
components of Portland cement plants. SC DHEC states that there are no 
Portland cement plants operating at 120 tons per hour or less in the 
State because it is not economically feasible. SC DHEC asserts that 
removing this rule would not create a relaxation as there are no 
applicable sources subject to this regulation. Additionally, should 
such a source start operation, it would be subject to more stringent PM 
emissions limits in New Source Performance Standards (NSPS) subpart F 
(Standards of Performance for Portland Cement Plants).
    The July 18, 2011, submittal amends Section V--Cotton Gins by 
removing established specific emission limits based on production rate 
(output) of bales of cotton per hour and replacing that with specific, 
measurable performance requirements and operating standards. SC DHEC 
considered CAA section 110(l) in making this change. SC DEHC explains 
that the rule development is based on best management practices 
outlined in the USDA's Cotton Ginners Handbook, staff experience with 
effective emission reduction techniques, the review of

[[Page 38830]]

other state regulations on cotton gins, and several discussions with 
the affected industry. The new rule assures a greater degree of control 
of these emissions than that which would result from the existing 
process weight rate curve and also allows the state to more effectively 
determine compliance. The revised rule requires enforceable control of 
emissions from specific point sources in the ginning process rather 
than an allowable emission rate, and it establishes requirements to 
minimize fugitive emissions from various sources at cotton ginning 
facilities. The revised rule also sets applicable requirements for good 
housekeeping practices in the gin yard, weekly monitoring of control 
efficiency, recordkeeping, and reporting. The revised regulation will 
provide for improved emissions control through practicably enforceable 
control of emissions, use of state of the art pollution control 
devices, and minimization of fugitive emissions. The June 17, 2013, 
submittal makes a subsequent typographical correction to Section V.
    The August 8, 2014, submittal makes the following changes: (1) 
Removes a PM emissions limit at Section III--Kraft Pulp and Paper 
Manufacturing; (2) revises the frequency required for reporting excess 
emissions at Section XI--Total Reduced Sulfur Emissions of Kraft Pulp 
Mills; (3) removes periodic testing requirement for Total Reduce Sulfur 
(TRS) at Section XII--Periodic Testing; and (4) makes administrative 
and clarifying edits throughout Standard No. 4. At Section III, the 
submittal removes the table column ``Maximum Allowable Emissions of PM 
in pounds/equivalent Ton of Air Dried, Unbleached Pulp Produced'' and 
retains the ``Maximum Allowable Stack Opacity.'' SC DEHC asserts that 
this will not result in a relaxation of emission limits because the 
subject sources are covered under more stringent PM limits under the 
National Emission Standards for Hazardous Air Pollutants (NESHAP) 
(subpart S--National Emission Standards for Hazardous Air Pollutants 
from the Pulp and Paper Industry). Additionally, the word ``opacity'' 
replaces ``rate of emissions.''
    At Section XI, the August 8, 2014, submittal revises the required 
excess emissions reporting frequency in subparagraph D.3. from 
quarterly to semi-annual. SC DHEC considered CAA sections 110(l) and 
193 in making the revision and asserts changing reporting from 
quarterly to semi-annual will not affect the level of emissions or 
compromise the national ambient air quality standards. SC DHEC cites to 
several Federal and state regulations that address excess emissions 
reporting, including NSPS subpart BB Standards of Performance for Kraft 
Pulp Mills; South Carolina Regulation 61-62.5, Standard No. 4 Section 
XI(D)(3) Total Reduced Sulfur (TRS) Emissions of Kraft Pulp Mills; 
South Carolina Regulations 61-62.1, Section II(J)(2) Permit 
Requirements; and South Carolina Regulation 61-62.70 Title V Operating 
Permit Program.
    At Section XII, the August 8, 2014, submittal removes the periodic 
testing requirement for TRS at Kraft pulp mills.\1\ SC DHEC states that 
most sources are required to test under NSPS or NESHAP rules. The few 
sources that are not required to test have enough historical test data 
to develop an approvable operating range which can be handled during 
the permitting process. Additionally, the S.C. Pollution Control Act 
(48-1-50, Powers of the Department) makes provision for the SC DHEC to 
ask for a source test and permits are often drafted with language 
allowing the SC DEHC to ask for source tests. Therefore, the 
requirements will be no less stringent than what is allowed through 
current regulatory and permitting authority to review testing 
requirements.
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    \1\ SC DHEC's July 18, 2011, submittal makes changes to TRS in 
Section XII. The August 8, 2014, submittal, if approved, would 
supersede the 2011 revision.
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    Lastly, the August 8, 2014, submittal makes minor typographical, 
renumbering, and clarifying edits to Standard No. 4 in Section II--
Sulfuric Acid Manufacturing, Section V--Cotton Gins, Section XI--Total 
Reduced Sulfur Emissions of Kraft Pulp Mills, and Section XII--Periodic 
Testing.
    The July 27, 2016, submittal revises Section VIII--Other 
Manufacturing by excluding Kraft Pulp and Paper Manufacturing 
facilities. This Section sets PM emission for source categories not 
specified elsewhere in Standard No. 4. The revision to exclude Kraft 
Pulp and Paper Manufacturing facilities aligns with the August 8, 2014, 
revision, as previously discussed in this notice. The submittal also 
makes minor typographical, renumbering, and clarifying edits to Section 
XII --Periodic Testing.
    EPA has reviewed the aforementioned changes to South Carolina's 
Regulation 61-62.5, Standard No. 4 and is approving the revisions into 
the SIP pursuant to CAA section 110.

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 incorporation by reference of South 
Carolina Regulation 61-62.5, Standard No. 1--Emissions From Fuel 
Burning Operations, effective September 23, 2016, which makes 
administrative and clarifying revisions for consistency, removes log 
reporting requirements, revises monitoring requirements, and Regulation 
61-62.5, Standard No. 4--Emissions From Process Industries, effective 
June 24, 2016, which makes administrative and clarifying revisions for 
consistency, removes specific emission rates, and reporting 
requirements. Therefore, these materials have been approved by EPA for 
inclusion in the SIP, 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 materials generally available 
through https://www.regulations.gov and/or at the EPA Region 4 Office 
(please contact the person identified in the For Further Information 
Contact 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 the aforementioned changes to the South Carolina 
SIP, submitted on October 1, 2007, July 18, 2011, June 17, 2013, August 
8, 2014, August 12, 2015, July 27, 2016, and November 4, 2016 because 
they are consistent with the CAA and 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 October 16, 2017 without 
further notice unless the Agency receives adverse comments by September 
15, 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 adverse 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

[[Page 38831]]

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 16, 2017 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.

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, these 
actions merely approve state law as meeting federal requirements and do 
not impose additional requirements beyond those imposed by state law. 
For that reason, these actions:
     Are not significant regulatory actions 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);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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 action for the State of 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 the South Carolina portion of the 
bi-state Charlotte Area. 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 this 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 October 16, 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, Particulate matter, Reporting and 
recordkeeping requirements.

    Dated: August 4, 2017.
A. Anne Heard,
Acting Regional Administrator, Region 4.

    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:
0
a. Revising the entries under Regulation No. 62.5, Standard No. 1, for 
``Section I,'' ``Section III,'' and ``Section VI,''
0
b. Revising the entries under Regulation No. 62.5, Standard No. 4, for 
``Section II,'' ``Section III,'' ``Section IV,'' ``Section V,'' 
``Section VIII,'' ``Section XI,'' and ``Section XII'' to read as 
follows:


Sec.  52.2120   Identification of plan.

* * * * *
    (c) * * *

[[Page 38832]]



                              Air Pollution Control Regulations for South Carolina
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                                                                State       EPA approval      Federal Register
          State citation                Title/subject      effective date       date               notice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Standard No. 1...................  Emissions from Fuel
                                    Burning Operations.
Section I........................  Visible Emissions.....       9/23/2016       8/16/2017  [Insert Federal
                                                                                            Register citation].
 
                                                  * * * * * * *
Section III......................  Sulfur Dioxide               9/23/2016       8/16/2017  [Insert Federal
                                    Emissions.                                              Register citation].
 
                                                  * * * * * * *
Section VI.......................  Periodic Testing......       9/23/2016       8/16/2017  [Insert Federal
                                                                                            Register citation].
 
                                                  * * * * * * *
Standard No. 4...................  Emissions From Process
                                    Industries.
 
                                                  * * * * * * *
Section II.......................  Sulfuric Acid                6/24/2016       8/16/2017  [Insert Federal
                                    Manufacturing.                                          Register citation].
Section III......................  Kraft Pulp and Paper         6/24/2016       8/16/2017  [Insert Federal
                                    Manufacturing Plants.                                   Register citation].
Section IV.......................  Portland Cement              6/24/2016       8/16/2017  [Insert Federal
                                    Manufacturing.                                          Register citation].
Section V........................  Cotton Gins...........       6/24/2016       8/16/2017  [Insert Federal
                                                                                            Register citation].
 
                                                  * * * * * * *
Section VIII.....................  Other Manufacturing...       6/24/2016       8/16/2017  [Insert Federal
                                                                                            Register citation].
 
                                                  * * * * * * *
Section XI.......................  Total Reduced Sulfur         6/24/2016       8/16/2017  [Insert Federal
                                    Emissions of Kraft                                      Register citation].
                                    Pulp Mills.
Section XII......................  Periodic Testing......       6/24/2016       8/16/2017  [Insert Federal
                                                                                            Register citation].
 
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[FR Doc. 2017-17226 Filed 8-15-17; 8:45 am]
 BILLING CODE 6560-50-P