[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38825-38828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17242]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0388; FRL-9966-22-Region 4]


Air Plan Approval; SC: Standards for Volatile Organic Compounds 
and Oxides of Nitrogen

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

[[Page 38826]]

Carolina State Implementation Plan (SIP) that revise several 
miscellaneous rules for control standards for process industries. 
Specifically, changes are made to standards for volatile organic 
compounds (VOCs) and oxides of nitrogen (NOX). 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 the following dates: October 1, 
2007, June 17, 2013, and January 20, 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-2017-0388 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. What action is EPA taking?

    On October 1, 2007, June 17, 2013, and January 20, 2016, SC DHEC 
submitted SIP revisions to EPA for approval to make administrative and 
clarifying amendments and correct typographical errors. These SIP 
submittals make changes to several air quality rules in the 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--``Air Pollution Control Standards'' at Standard No. 
5--``Volatile Organic Compounds,'' and Regulation 61-62.5, Standard No. 
5.2--``Control of Oxides of Nitrogen (NOX).''
    At this time, EPA is not acting on changes in the October 1, 2007, 
submittal to Regulation 61-62.1, Section II--``Permit Requirements'' or 
Regulation 61-62.5, Standard No. 4--``Emissions from Process 
Industries.'' EPA is also not acting on the changes included in the 
June 17, 2013, submittal to the following regulations: Regulation 61-
62.1, Section I--``Definitions''; Regulation 61-62.1, Section II--
``Permit Requirements''; Regulation 61-62.1, Section IV--``Source 
Tests''; Regulation 61-62.3--``Air Pollution Episodes''; or Regulation 
61-62.5, Standard No. 4--``Emissions from Process Industries.'' 
Finally, EPA is not acting on the changes included in the January 20, 
2016, submittal to the following regulations: Regulation 61-62.1, 
Section II, ``Permit Requirements''; Regulation 61-62.5, Standard No. 
7.1--``Nonattainment New Source Review''; or Regulation 61-62.6--
``Control of Fugitive Particulate Matter.''

II. Analysis of South Carolina's Submittals

A. Regulation 61-62.5, Standard No. 5--``Volatile Organic Compounds''

    South Carolina is amending its standards for controlling VOCs at 
Regulation 61-62.5, Standard No. 5--``Volatile Organic Compounds.'' The 
June 17, 2013, submittal revises the VOC regulation to make several 
administrative edits only, including formatting for consistency and 
correcting typographical errors in Section I, Part A and Part G and 
Section II, Part Q.\1\ The January 20, 2016, submittal also revises the 
VOC regulation to make further administrative edits only, including 
formatting for consistency in Section II, Part A and Part B. EPA has 
reviewed the changes made to South Carolina's VOC regulation and is 
approving them into the SIP pursuant to CAA section 110.
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    \1\ Regulation 61-62.5, Standard No. 5, Section II, Part A is 
approved into the SIP, last revised May 7, 2002 (67 FR 30594). 
However, the entry for ``Part A'' at 40 CFR 52.2120(c) was 
inadvertently removed from the table of SIP-approved regulations. In 
this action, EPA is adding that entry back into the table.
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B. Regulation 61-62.5, Standard No. 5.2--``Control of Oxides of 
Nitrogen (NOX)''

    South Carolina is amending its standards for controlling 
NOX at Regulation 61-62.5, Standard No. 5.2--``Control of 
Oxides of Nitrogen (NOX).'' The October 1, 2007, submittal 
makes the following changes to the NOX regulation at Section 
I--``Applicability,'' and Section III--``Standard Requirements for New 
Sources'': (1) Clarifies applicability at paragraph I.a. by adding the 
state effective date of the regulation; (2) modifies the number of 
hours of operation for testing and maintenance for exempted emergency 
generators at subparagraph I.b.2.; (3) clarifies the exemption of 
combustion control devices at subparagraph I.b.4.; and (4) adds 
clarifying language to Section III at Table 1, ``NOX Control 
Standards.''
    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. Subparagraph I.B.2. extends the testing and maintenance operation 
threshold for exempted emergency generators from 250 hours to 500 hours 
per year. SC DHEC submitted supplemental information in support of its 
earlier SIP revision submittal in a December 20, 2016, letter to EPA. 
SC DHEC notes in its letter that it considered CAA section 110(l) in 
making this change and asserts that the State expects no increase in 
actual emissions as a result of raising this exemption threshold. SC 
DHEC explains that the 500 hours per year threshold is commonly used to 
determine the potential to emit for title V and other major source 
applicability determinations, consistent with EPA guidance.\2\ These 
sources are still restricted to use in emergency conditions. 
Additionally, SC DHEC points to applicable federal requirements for 
emergency generators at 40 CFR 63, subpart ZZZZ and 40 CFR 60 at 
subparts IIII and JJJJ, which restrict non-emergency use of these 
sources to 100 hours per year. SC DHEC also

[[Page 38827]]

clarifies that peak shaving and other types of activities are not 
considered emergency activities, and so would not qualify for the 
exemption under paragraph II.B. Therefore, this change to subparagraph 
I.b.2. is not expected to result in any increase in emissions that 
would affect the State's ability to attain or maintain state or Federal 
standards or reasonable further progress.
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    \2\ Seitz, John S. ``Calculating Potential to Emit (PTE) for 
Emergency Generators.'' Memorandum to Program Directors in EPA 
Regional Offices. Office of Air Quality Planning and Standards. 
Research Triangle Park, NC. September 6, 1995.
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    The change at subparagraph I.b.4. clarifies the exemption for 
devices functioning solely as combustion control devices. The 
additional language specifies that these devices are not automatically 
excluded from the exemption if waste heat is recovered from them. This 
additional language is aimed at encouraging process efficiency and will 
not interfere with attainment or maintenance of any Federal or state 
standard or reasonable further progress.
    EPA has reviewed the October 1, 2007, SIP submittal, and is 
approving the aforementioned changes to Regulation 61-62.5, Standard 
No. 5.2, pursuant to CAA section 110(a)(2)(A) and 110(l).

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. 5--``Volatile Organic 
Compounds,'' effective November 27, 2015, which makes ministerial 
changes for consistency and Regulation 61-62.5, Standard No. 5.2--
``Control of Oxides of Nitrogen (NOX),'' effective May 25, 
2007, which makes ministerial changes for consistency and modifies 
applicability for NOX control. 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.\3\ 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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    \3\ 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, June 17, 2013, and January 20, 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 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, 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 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

[[Page 38828]]

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, Incorporation by 
reference, Nitrogen dioxide, Volatile organic compounds.

    Dated: August 3, 2017.
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

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2. Section 52.2120(c) is amended under ``Regulation No. 62.5'' by:
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a. Under ``Standard No. 5'':
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 i. Revising the entry ``Section I'';
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ii. Under ``Section I'' revising the entries ``Part A'' and ``Part G'';
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iii. Revising the entry ``Section II'';
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iv. Adding under ``Section II'' the entry ``Part A''; and
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v. Revising under ``Section II'' the entries ``Part B'' and ``Part Q''.
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b. Revising the entry ``Standard No. 5.2''.
    The revisions and additions 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Regulation No. 62.5..............  Air Pollution Control   ..............  ..............  .....................
                                    Standards.
 
                                                  * * * * * * *
Standard No. 5...................  Volatile Organic        ..............  ..............  .....................
                                    Compounds.
Section I........................  General Provisions....       4/26/2013       8/16/2017  [Insert citation of
                                                                                            publication].
Part A...........................  Definitions...........       4/26/2013       8/16/2017  [Insert citation of
                                                                                            publication].
 
                                                  * * * * * * *
Part G...........................  Equivalency                  4/26/2013       8/16/2017  [Insert citation of
                                    Calculations.                                           publication].
Section II.......................  Provisions for              11/27/2015       8/16/2017  [Insert citation of
                                    Specific Sources.                                       publication].
Part A...........................  Surface Coating of          11/27/2015       8/16/2017  [Insert citation of
                                    Cans.                                                   publication].
Part B...........................  Surface Coating of          11/27/2015       8/16/2017  [Insert citation of
                                    Coils.                                                  publication].
 
                                                  * * * * * * *
Part Q...........................  Manufacture of               4/26/2013       8/16/2017  [Insert citation of
                                    Synthesized                                             publication].
                                    Pharmaceutical
                                    Products.
 
                                                  * * * * * * *
Standard No. 5.2.................  Control of Oxides of         5/25/2007       8/16/2017  [Insert citation of
                                    Nitrogen (NOX).                                         publication].
 
                                                  * * * * * * *
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[FR Doc. 2017-17242 Filed 8-15-17; 8:45 am]
 BILLING CODE 6560-50-P