[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39083-39090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17345]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0359; FRL-9966-48-Region 4]


Air Plan Approval; South Carolina: Minor Source Permit Program 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve changes to South Carolina's State Implementation Plan (SIP) to 
revise minor new source review (NSR) regulations. EPA is proposing to 
approve portions of SIP revisions modifying these regulations as 
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, July 18, 2011, June 17, 2013, August 
8, 2014, January 20, 2016, and July 27, 2016. This action is being 
proposed pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before September 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0359 at http://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 http://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 proposing?

    On October 1, 2007, July 18, 2011, June 17, 2013, August 8, 2014, 
January 20, 2016, and July 27, 2016, SC DHEC submitted SIP revisions to 
EPA for approval that involve changes to South Carolina's minor source 
permitting regulations to clarify and streamline the State's federally-
approved preconstruction and operating permitting program. This program 
requires minor stationary sources planning to construct or modify 
sources of air pollutants to first obtain a construction permit and to 
obtain and maintain operating permits in accordance with the South 
Carolina Code of Regulations Annotated (S.C. Code Ann. Regs.) at 
Regulation 61-62.1, Section II--``Permit Requirements.'' The portion of 
the SIP-approved permitting program covering construction permits is 
generally referred to as the minor source permitting program or the 
minor NSR program to distinguish it from additional permitting 
requirements for major sources of air pollutants.\1\ The portion of the 
SIP-approved permitting program covering minor source operating permits 
is referred to as the federally enforceable state operating permit 
(FESOP) program. The changes made in these submittals clarify the 
applicability, streamline the permitting process, provide more options 
for the minor source permitting program, and generally reduce the 
overall burden on the state permitting program and the regulated 
community. The changes addressed in this proposed rulemaking also 
correct typographical errors, make internal references consistent, and 
recodify sections of the existing rules. In this action, EPA is 
proposing to approve certain portions of these SIP submissions that 
make changes to South Carolina's minor NSR regulations and FESOP 
requirements.
---------------------------------------------------------------------------

    \1\ EPA's regulations governing the implementation of NSR 
permitting programs are contained in 40 CFR 51.160-.166; 52.21, .24; 
and part 51, Appendix S. The CAA NSR program is composed of three 
separate programs: prevention of significant deterioration (PSD), 
nonattainment new source review (NNSR), and Minor NSR. PSD is 
established in part C of title I of the CAA and applies to major 
stationary sources in areas that meet the national ambient air 
quality standards (NAAQS)--``attainment areas''--as well as areas 
where there is insufficient information to determine if the area 
meets the NAAQS--``unclassifiable areas.'' The NNSR program is 
established in part D of title I of the CAA and applies to major 
stationary sources in areas that are not in attainment of the 
NAAQS--``nonattainment areas.'' The Minor NSR program applies to 
stationary sources that do not require PSD or NNSR permits. 
Together, these programs are referred to as the NSR programs.
---------------------------------------------------------------------------

    EPA is not acting on a portion of the revisions to Regulation 61-
62.1, Section II--``Permit Requirements.'' Specifically, EPA is not 
acting on the renumbering and minor administrative language changes to 
paragraph G.6.--``Emergency Provisions,'' in the October 1, 2007, 
submittal, nor the minor additional language changes to this portion of 
the minor source permitting regulations included in the August 8, 2014, 
submittal.\2\
---------------------------------------------------------------------------

    \2\ In this action, EPA is not proposing to approve or 
disapprove revisions to any existing emission limitations that apply 
during start up, shut down and malfunction events.
---------------------------------------------------------------------------

    At this time, EPA is not acting on the following changes included 
in the October 1, 2007, submittal: Regulation 61-62.5, Standard No. 4--
``Emissions from Process Industries''; and Regulation 61-62.5, Standard 
No. 5.2--``Control of Oxides of Nitrogen (NOX).''
    EPA is also not acting on changes in the July 18, 2011, submittal 
to the following regulations in South Carolina's SIP: Regulation 61-
62.1, Section I--``Definitions''; Regulation 61-62.3--``Air Pollution 
Episodes''; Regulation 61-62.5, Standard No. 1--``Emissions from Fuel 
Burning Operations''; Regulation 61-62.5, Standard No. 4--``Emissions 
from Process Industries''; Regulation 61-62.5, Standard No. 6--
``Alternative Emission Limitation Options (Bubble)''; Regulation 61-
62.5, Standard No. 7--``Prevention of Significant Deterioration''; and 
Regulation 61-62.5, Standard No. 7.1--``Nonattainment New Source 
Review.'' EPA approved the changes to Regulation 61-62.5, Standard No. 
2--``Ambient Air Quality Standards,'' included in the July 18, 2011, 
submittal, on April 3, 2013 (78 FR 19994).
    EPA is 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 IV--``Source Tests''; 
Regulation 61-62.3--``Air Pollution Episodes''; Regulation 61-62.5, 
Standard No. 4--``Emissions from Process Industries''; and

[[Page 39084]]

Regulation 61-62.5, Standard No. 5--``Volatile Organic Compounds.''
    Additionally, EPA is not acting on the changes included in the 
August 8, 2014, submittal to the following regulations: Regulation 61-
62.1, Section I--``Definitions''; 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 
Equipment''; and Regulation 61-62.5, Standard No. 4--``Emissions from 
Process Industries.'' EPA approved the changes to Regulation 61-62.1, 
Section III--``Emissions Inventory and Emissions Statement,'' included 
in the August 8, 2014, submittal, on June 12, 2015 (80 FR 33413) and 
May 31, 2017 (82 FR 24851).
    EPA is also not acting on the changes included in the January 20, 
2016, submittal to the following regulations: Regulation 61-62.5, 
Standard No. 5--``Volatile Organic Compounds''; Regulation 61-62.5, 
Standard No. 7.1--``Nonattainment New Source Review''; and Regulation 
61-62.6--``Control of Fugitive Particulate Matter.''
    Finally, EPA is not acting on the changes included in the July 27, 
2016, submittal to the following regulations: Regulation 61-62.1, 
Section I--``Definitions''; Regulation 61-62.5, Standard No. 4--
``Emissions from Process Industries''; and Regulation 61-62.5, Standard 
No. 5.2--``Control of Oxides of Nitrogen (NOX).'' EPA will 
address these remaining changes to the South Carolina SIP in separate 
actions.

II. Analysis of State's Submittal

A. Overview of Changes to Section II--``Permit Requirements''

    South Carolina has a SIP-approved minor source permitting program 
at Regulation 61-62.1, Section II--``Permit Requirements.'' These 
regulations include requirements for obtaining preconstruction and 
operating permits for different types of minor sources. The program 
covers ``true minor'' sources, which have the potential to emit (PTE) 
of certain pollutants below major sources thresholds for new sources 
and modifications. The SIP-approved minor source permitting program 
also includes provisions for issuing permits that establish federally 
enforceable emission limits to restrict the PTE of certain pollutants 
below major source and major modification applicability thresholds: 
``synthetic minor'' permits establish these limits for sources 
obtaining construction permits, and ``conditional major'' permits 
establish these emission limits in the corresponding operating permits. 
South Carolina initially revised its minor NSR and FESOP rules in the 
October 1, 2007, submittal to clarify and streamline requirements for 
obtaining minor source construction and operating permits. The July 18, 
2011, June 17, 2013, August 8, 2014, January 20, 2016, and July 27, 
2017, submittals make other clarifying and administrative changes, 
which are discussed for each subsection of the regulation below.
    EPA has reviewed the proposed changes to the minor source 
construction and operating permitting regulations and preliminarily 
finds them to be consistent with CAA sections 110(a)(2)(C) and 110(l), 
EPA's minor NSR regulations found at 40 CFR 51.160--164, and the 
criteria applicable to an approvable State FESOP program.

B. Analysis of Changes to Each Section

1. Section II.A.--``Construction Permits''
    Regulation 61-62.1, Section II.A--``Construction Permits'' 
specifies applicability and certain requirements for obtaining permits 
for sources seeking to construct or modify emissions units. The October 
1, 2007, submittal makes several changes to paragraph A. as follows: 
(1) Adds allowed preconstruction activities at subparagraph A.1.d. for 
true minor sources (i.e., minor sources that are not synthetic minor 
sources); (2) adds the requirement that written notification be 
provided to the Department marking the commencement of construction and 
initial startup; (3) adds language requiring compliance with all terms, 
limits, and conditions of Department-issued construction permits; (4) 
adds time constraints for the validity of issued construction permits; 
and (5) removes the descriptions of permit application requirements 
from former paragraph A.2. to create a standalone subsection C. for 
construction permits, and to detail more specific requirements for 
other types of permits in other paragraphs.
    The July 18, 2011, submittal makes subsequent clarifying and 
administrative changes to Section II.A., consolidating former 
subparagraph A.1.a. and paragraph A.5. into an introductory paragraph 
applicable to the entirety of Regulation 61-62.1, Section II. The 
submittal also makes other renumbering and administrative edits to the 
remaining subparagraphs.
    The language moved to an introductory paragraph for Section II 
states: (1) The regulation will not supersede any state or federal 
requirements nor special permit conditions unless it imposes a more 
restrictive limit; (2) sources must comply with all terms, conditions, 
and limitations of any permit issued by SC DHEC for sources or 
activities at its facility; and (3) a source's permit status may change 
if new regulatory requirements become applicable. The effect of moving 
this language from subsection A. is to clarify that it is applicable to 
all of Section II--meaning it applies to any types of permits issued by 
the SC DHEC rather than only construction permits.
    The August 8, 2014, submittal further modifies Section II.A. by 
making administrative edits and adding additional allowed 
preconstruction activities for true minor sources at subparagraph 
A.1.c, originally added in the October 1, 2007, submittal as 
subparagraph A.1.d.
    The revision to subparagraph A.1.c.--added to the Regulation as 
A.1.d. in the October 1, 2007, submittal, renumbered in the July 18, 
2011, submittal, and updated in the August 8, 2014, submittal--allows 
certain preconstruction activities prior to obtaining a final 
construction permit, provided that specific conditions are met. EPA has 
preliminarily determined that the preconstruction activities provision 
is consistent with the requirements of CAA sections 110(a)(2)(C) and 
110(l), and federal regulations at 40 CFR 51.160--51.164.
    Section 110(a)(2)(C) of the CAA requires that state SIPs include a 
program for regulating the construction and modification of stationary 
sources as necessary to ensure that the NAAQS are maintained. Federal 
regulations at 40 CFR 51.160(b) require states to have legally 
enforceable procedures to prevent construction or modification of a 
source if it would violate any SIP control strategies or interfere with 
attainment or maintenance of the NAAQS. Federal regulations limit the 
types of allowed preconstruction activities for new and modified major 
sources at 40 CFR 51.165(a)(1)(xv), 51.166(b)(11), and 52.21(b)(11) 
and, as discussed below, South Carolina has adopted these provisions 
into its SIP. But federal regulations do not impose a corresponding 
limitation on preconstruction activities for minor sources. SC DHEC 
provided additional clarification of its allowed minor source 
preconstruction activities in a December 30, 2016, letter, which is 
included in the Docket for this proposed action. In this letter, SC 
DHEC first explains that ``[a]llowed preconstruction activities are 
extremely limited in nature and do not include construction of that 
actual process unit itself.'' The State also points to a requirement 
under Section II.C.3.n. that sources applying for

[[Page 39085]]

construction permits demonstrate emissions will not interfere with 
attainment or maintenance of the NAAQS. This requirement corresponds to 
Section II.A.2. of the Regulation, which states that permits will not 
be issued if emissions interfere with any state or federal standard.
    SC DHEC also points to its memorandum regarding allowed 
preconstruction activities for major sources prior to obtaining PSD 
permits.\3\ SC DHEC notes that its minor source preconstruction 
activities provisions mirror the federal limits on major source 
preconstruction activities, with the exception of one additional 
activity: Allowing a facility to pour concrete foundation prior to 
obtaining a construction permit. This activity is only prohibited for 
major sources or major modifications prior to obtaining a permit in 
accordance with the definition of ``begin actual construction'' in the 
federal PSD regulations at 40 CFR 51.166(b)(11) and 52.21(b)(11), and 
the NNSR regulations at 51.165(a)(1)(xv). As SC DHEC explains in its 
clarifying letter, Section II.A.1.c.--which specifies which sources may 
engage in preconstruction activities--explicitly excludes ``sources not 
requesting to use federally enforceable construction permit conditions 
to limit potential to emit, sources not subject to regulations with 
more stringent start of construction limitations, or sources not 
otherwise exempt from permit requirements.'' In other words, the 
regulation excludes, among other sources, major sources subject to PSD 
regulations or CAA section 112 requirements for hazardous air 
pollutants (i.e., major sources and modifications).
---------------------------------------------------------------------------

    \3\ This memorandum is also included in the Docket for this 
proposed action.
---------------------------------------------------------------------------

    In its December 30, 2016 letter, SC DHEC references Section 
II.A.1.d., which clearly states that the owners or operators of any 
sources that would not qualify for the issuance of a construction 
permit assume the financial risk of commencing the preconstruction 
activities listed in Section II.A.1.c. SC DHEC also notes that a source 
could be subject to an enforcement action under Section II.F.2. and 
Section II.J.1.e.--or subject to permit revocation under Section 
II.J.1.b--if the source either did not comply with the regulations 
during construction or would not have qualified for the preconstruction 
activities undertaken.
    Because SC DHEC does not allow for the construction of process 
units, there are no increased emissions associated with any of the 
preconstruction activities allowed at Section II.A.1.c.i.-xvii. The 
gatekeeping applicability language at Section II.A.1.c. and major NSR 
applicability provisions at Regulation 61-62.5, Standard No. 7(a)(2) 
and Standard No. 7.1(a)(1), provide that no major sources or 
modifications may engage in the preconstruction activities allowed 
under Section II.A.1.c.i.-xvii. Additionally, SC DHEC does not allow 
synthetic minor sources to conduct the preconstruction activities. 
Finally, SC DHEC has legally enforceable procedures to prevent 
construction or modification of a source if it would violate SIP 
control strategies or interfere with attainment or maintenance of the 
NAAQS, as required by 40 CFR 51.160(b).
    The changes to South Carolina's minor NSR program are not 
inconsistent with the requirements of the CAA and EPA's regulations, 
and are therefore approvable as part of the SIP. EPA is therefore 
proposing to approve the aforementioned changes to subsection A. and 
the introductory portion of Section II pursuant to the CAA and 40 CFR 
51.160-164.
2. Section II.B.--``Exemptions From the Requirement To Obtain a 
Construction Permit''
    Regulation 61-62.1, Section II.B.--``Exemptions from the 
Requirement to Obtain a Construction Permit'' specifies which types of 
minor sources are exempt from obtaining minor source construction 
permits. The October 1, 2007, submittal makes several changes to 
subsection II.B. as follows: (1) Renumbers existing Section II.F. to 
Section II.B. and modifies the title to clarify that the paragraph 
applies only to construction permits; (2) adds language specifying that 
future source modifications or new regulatory requirements may trigger 
the need to obtain a permit for exempted facilities; (3) clarifies that 
the exemption for boilers and space heaters applies to those firing 
virgin solid and liquid fuels; (4) adds an exemption for boilers and 
space heaters firing only virgin gas fuels rated 10 million British 
thermal units per hour or less; (5) modifies the number of hours for 
testing and maintenance for exempted emergency generators; (6) modifies 
subparagraph B.2.h. to exempt additional sources with emissions less 
than the threshold of 1 pound per hour (lb/hr) PTE of sulfur dioxide, 
nitrogen oxides, and carbon monoxide; (7) adds the requirement for SC 
DHEC to periodically publish a list of sources exempted from the 
construction permit requirement under subparagraphs B.2.a.-g.--and any 
other sources determined to qualify for permit exemptions based on 
subparagraph B.2.h.--in the South Carolina State Register; (8) adds 
procedures for sources requesting exemption from obtaining a 
construction permit under paragraph B.2. or paragraph B.4.; (9) adds 
paragraph B.6. to provide that exemptions under Section II.B. do not 
relieve the owner or operator of any source from any obligation to 
comply with any other applicable requirements; and (10) makes other 
administrative changes and adds references throughout subsection B.
    The July 18, 2011, submittal makes subsequent revisions to clarify 
requirements and qualifications at Section II.B., as follows: (1) Adds 
language to subparagraph B.2.h. to require that emissions calculations 
or other information necessary to demonstrate a source qualifies for 
the exemption must be kept on site and provided to SC DHEC upon 
request; (2) revises language in paragraph B.3. to clarify that source 
types which are added to the list of exempted sources will be 
determined not to interfere with attainment or maintenance of any state 
or federal standard; (3) adds language stating that SC DHEC reserves 
the right to require a construction permit on a case-by-case basis, and 
that case-by-case determinations will consider, but not be limited to, 
``the nature and amount of the pollutants, location, proximity to 
residences and commercial establishments, etc.''; and (4) makes 
administrative edits to existing language.
    Finally, the August 8, 2014, submittal makes additional changes to 
paragraph II.B., including: (1) Administrative edits to the title of 
the paragraph and to references and subparagraphs throughout; (2) 
revises the PTE criteria in subparagraph B.2.h. to a 5 ton per year 
(tpy) threshold rather than 1 lb/hr, and adds language to state that 
sources with higher PTE may be exempted under this subparagraph if they 
demonstrate that they are not subject to any applicable state or 
federal limits or requirements; (3) amends paragraph B.3. to include 
language asserting that SC DHEC may develop emission thresholds for 
exemption that are determined will not interfere with attainment or 
maintenance of state or federal standards to include in the list 
maintained pursuant to this paragraph, and that SC DHEC could be 
petitioned to consider adding additional sources to this list; and (4) 
adds paragraph B.5. stating that sources of volatile organic compounds 
(VOCs) with a PTE greater than the emission threshold listed in 
subparagraph B.2.h. may be exempted from the requirement to obtain a

[[Page 39086]]

construction permit on a case-by-case basis, and that exempt sources 
may later be required to be included in construction or operating 
permits.
    Section 110(a)(2)(C) of the CAA requires that SIPs include a 
program for regulating the construction and modification of stationary 
sources as necessary to ensure that the NAAQS are maintained. Federal 
regulations at 40 CFR 51.160(e) require that states identify the types 
and sizes of sources subject to review and the basis for determining 
which sources are subject. Additionally, 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 has determined that 
specific sources listed at paragraphs B.1. and B.2. do not require 
permits because their size is not such that they are expected to 
interfere with attainment or maintenance of state or federal standards, 
including reasonable further progress.
    SC DHEC's December 30, 2016, letter provides additional 
clarification for certain changes made to Section II.B. Subparagraph 
B.2.f. extends the testing and maintenance operation threshold for 
exempting emergency generators from 250 hours to 500 hours per year. SC 
DHEC considered CAA section 110(l), 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 PTE for title V and other major source 
applicability determinations, consistent with an EPA guidance 
memorandum.\4\ These sources are still restricted to emergency 
conditions, meaning that other types of non-emergency activities--such 
as peak shaving--would not qualify for the exemption under paragraph 
II.B. Additionally, SC DHEC points to applicable federal requirements 
for emergency generators at 40 CFR part 63 at subpart ZZZZ and 40 CFR 
part 60 at subparts IIII and JJJJ to restrict non-emergency use of 
these sources to 100 hours per year. Therefore, this change to 
subparagraph B.2.f. will not result in any real increase in emissions 
and therefore will not affect the state's ability to attain or maintain 
state or federal standards or reasonable further progress. The State 
also has the discretion to define the scope of its minor NSR program 
pursuant to 40 CFR 51.160(e).
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

    SC DHEC in its letter also addresses changes made to subparagraph 
II.B.h. potentially allowing certain sources with PTE exceeding the 
thresholds of this subparagraph to be exempt from the requirement to 
obtain a construction permit. SC DHEC asserts that this provision is 
primarily intended to apply to sources with PTE only slightly above the 
thresholds in subparagraph II.B.h. SC DHEC notes the safeguards built 
into the language that sources subject to any applicable requirements 
are not exempt from obtaining construction permits. The letter then 
steps through an example of the process that small sources of VOC 
emissions would undergo, including an assessment of any potentially 
applicable requirements related to NAAQS, toxics, or hazardous air 
pollutants; consideration of the PTE relative to major source 
thresholds; and any other special considerations. SC DHEC determines 
the applicability of construction permits for these sources under close 
scrutiny on a case-by-case basis. This process in determining which 
types and sizes of sources need to undergo preconstruction review and 
permitting, afforded the State pursuant 40 CFR 51.160(e), is sufficient 
to protect the NAAQS and prevent interference with reasonable further 
progress, consistent with CAA sections 110(a)(2)(C) and 110(l).
    SC DHEC's change to paragraph II.B.3. notes that SC DHEC may 
develop emission thresholds for exemptions that are not determined not 
to interfere with attainment or maintenance or any state or federal 
standard. EPA understands this language to reflect SC DHEC's 
flexibility for determining which types and sizes of sources need to 
undergo preconstruction review and permitting pursuant 40 CFR 
51.160(e), and understands that these thresholds would need to be in 
the SIP, similar to Subparagraph II.B.h. The compiled list is available 
on SC DHEC's Web site.\5\ EPA preliminarily agrees that SC DHEC clearly 
lays out the types and sizes of sources of interest for preconstruction 
review, and also the reasonable process by which case-by-case 
determinations are made to exempt sources with emissions above the 
thresholds in subparagraph B.2.h., but less than any thresholds for 
other applicable requirements like major NSR. EPA also preliminarily 
agrees that this portion of South Carolina's minor NSR program does not 
interfere with attainment or maintenance of the NAAQS, reasonable 
further progress, or other applicable CAA requirements. Therefore, we 
are proposing to approve changes to the SIP made to Section II.B. 
pursuant to CAA sections 110(a)(2)(C) and 110(l), as well as 40 CFR 
51.160-164.
---------------------------------------------------------------------------

    \5\ The latest compiled list of exempted sources was updated as 
of December 2016: http://www.scdhec.gov/Environment/docs/NewExemptions.pdf.
---------------------------------------------------------------------------

3. Section II.C.--``Construction Permit Applications''
    Regulation 61-62.1, Section II.C--``Construction Permit 
Applications,'' specifies the requirements for sources applying for and 
obtaining construction permits. The October 1, 2007, submittal makes 
several changes to subsection C. as follows: (1) Renumbers former 
paragraph A.2. to standalone subsection C and changes the title to 
specify that the requirements apply to construction permit 
applications; (2) makes administrative edits, including renumbering; 
(3) adds paragraph C.3. to reference SC DHEC forms which were created 
to ease the permit application process; and (4) renumbers former 
subparagraphs B.2.a.-g. to C.3.a.-p., reformatting and clarifying what 
information may be required in addition to the SC DHEC forms, including 
more specific process, chemical, and emissions information used to 
determine PTE, an air quality analysis demonstrating protection of the 
NAAQS, and a regulatory applicability determination.
    The July 18, 2011, submittal further modifies Section II.C. at 
subparagraphs C.3.c.-d. to make administrative edits. South Carolina's 
August 8, 2014, submittal makes additional administrative and 
clarifying edits. The January 20, 2016, submittal also makes minor 
administrative edits. Finally, the July 27, 2016, submittal makes one 
change to subparagraph C.2.m. to clarify that scale drawings of the 
facility must include buildings that might affect dispersion of 
emissions.
    EPA has reviewed the changes made to the construction permit 
application requirements and is proposing to approve them into the SIP, 
pursuant to CAA sections 110(a)(2)(C) and 110(l).
4. Section II.D.--``General Construction Permits''
    Regulation 61-62.1, Section II.D.--``General Construction Permits'' 
provides regulations by which SC DHEC can issue general construction 
permits for similar sources. South Carolina's October 1, 2007, 
submittal adds these provisions to the minor NSR program for 
construction permits to facilitate the permitting process for similar 
sources

[[Page 39087]]

qualifying for and applying for coverage under permits with general 
terms and conditions. The purpose of this general permitting minor NSR 
program is to protect the NAAQS while simplifying the permitting 
process for similar sources. The general construction permits paragraph 
provides for the following: (1) General permits will incorporate all 
applicable requirements for construction of similar sources and 
identify the criteria by which sources can qualify for the permit; (2) 
sources can submit construction permit applications to SC DHEC that 
include requests for coverage under the general permit, and sources 
later determined not to qualify for the general permit are subject to 
enforcement; (3) approval to operate under a permit is a final permit 
action for the purposes of judicial review; (4) the permit application 
can deviate from the provisions of Section II.C. if enough information 
is included to determine the source's qualification for the general 
permit; and (5) sources qualifying for general permits are able to 
apply for individual construction permits in lieu of coverage under the 
general permit.
    The August 8, 2014, submittal makes administrative and clarifying 
edits to subsection II.D. throughout. EPA has reviewed the changes made 
to the minor NSR permitting program and is proposing to approve them 
into the SIP, pursuant to CAA sections 110(a)(2)(C) and 110(l).
6. Section II.E.--``Synthetic Minor Construction Permits''
    Regulation 61-62.1, Section II.E.--``Synthetic Minor Construction 
Permits'' specifies requirements for obtaining construction permits 
with federally enforceable emissions limits to restrict PTE for 
sources. South Carolina's October 1, 2007, submittal revises the 
paragraph for synthetic minor sources as follows: (1) Renumbers 
subsection II.H. to subsection II.E.; (2) makes administrative and 
clarifying amendments to the title and throughout the paragraph to 
clearly indicate that this paragraph pertains to construction permits 
and to update references; (3) removes former subparagraphs II.2.c.-f. 
as these requirements are now redundant and covered by other portions 
of subsection E. or Section II; (4) adds paragraph E.3. to list 
required synthetic minor permit conditions; (5) adds administrative 
language to make applications for general synthetic minor construction 
permits consistent with other construction permit applications; and (6) 
adds paragraph E.5. to list additional requirements for synthetic minor 
construction permit applications relative to other minor construction 
permit applications.
    The August 8, 2014, submittal makes changes to subsection II.E. to 
update administrative language and references throughout the paragraph. 
The July 27, 2016, submittal also makes administrative edits to 
subparagraph E.2.b. EPA has reviewed the changes made to the 
requirements covering synthetic minor construction permits and is 
proposing to approve them into the SIP, pursuant to CAA sections 
110(a)(2)(C) and 110(l), and 40 CFR 51.160-164.
7. Section II.F.--``Operating Permits''
    Regulation 61-62.1, Section II.F.--``Operating Permits'' specifies 
requirements for obtaining minor source operating permits. South 
Carolina's October 1, 2007, submittal makes several changes to 
subsection II.F. to clarify and add requirements, including: (1) 
Renumbering subsection II.B. to II.F.; (2) adding paragraph F.1. to 
require sources to record the actual date of initial startup and submit 
it to SC DHEC; (3) adding paragraph F.2. to require certification that 
construction was completed in accordance with the specifications of the 
construction permit, to require any variances from the construction 
permit to be addressed, and to assert that construction variances which 
would trigger new requirements will be considered construction without 
a permit; (4) adding language to clarify that title V sources may 
comply with the Section II.F operating permit requirements by 
submitting a permit modification request under 61-62.70.7(e) ; (5) 
adding language to clarify that the existing requirement to provide a 
written request to SC DHEC for a new or revised operating permit 
applies to minor sources and those major sources not yet covered by a 
title V permit; (6) adding subparagraph F.3.c. to specify that the 
written request for a new or revised operating permit must include a 
list of sources put into operation and the actual initial startup dates 
for those sources; (7) making other administrative edits throughout the 
paragraph; and (8) moving paragraph B.2. regarding permit renewals to a 
standalone subsection II.H.
    The August 8, 2014 and July 27, 2016, submittals make 
administrative changes to Section II.F.--``Operating Permits.'' EPA has 
reviewed the changes made to the existing SIP requirements for applying 
for an operating permit and is proposing to approve them into the SIP, 
pursuant to CAA sections 110(a)(2)(C) and 110(l).
38. Section II.G.--``Conditional Major Operating Permits''
    Regulation 61-62.1, Section II.G.--``Conditional Major Operating 
Permits'' specifies requirements for obtaining operating permits with 
federally enforceable emissions limits to restrict PTE for sources. 
South Carolina's October 1, 2007, submittal makes several changes to 
subsection II.G. to clarify applicability and requirements as follows: 
(1) Adds language to specify that paragraph II.G. applies to sources 
requesting federally enforceable limits to restrict PTE below major 
source thresholds; (2) adds language to specify that sources which 
received synthetic minor construction permits and that are not subject 
to title V will receive conditional major operating permits; (3) adds 
permit shield language to note that if the renewal request is submitted 
pursuant to paragraph II.H., conditional major sources can operate 
under the most recent conditional major permit until SC DHEC processes 
the renewal request; (4) adds language to note that the written request 
provided by new sources needs to include any additional information 
specified in subparagraph G.5.; (5) adds language and clarifies 
existing language to note that the permit conditions, including special 
conditions to verify compliance with operational and emissions limits, 
are located at subsection II.J.; (6) modifies existing language to 
specify additional requirements for conditional major operating permit 
applications only; (7) removes requirements pertaining to construction 
permit application requirements because subsections II.C. and II.E. 
otherwise cover these requirements; (8) removes requirements pertaining 
to standard operating permit applications because those are otherwise 
covered by subsection II.F.; (9) adds language to specify that the 
general information requirements in construction permit applications at 
paragraph C.3. also apply to conditional major operating permits; and 
(10) makes other administrative language changes throughout the 
paragraph.
    The July 18, 2011, August 8, 2014, and July 27, 2016, submittals 
make additional administrative changes to subsection II.G. EPA has 
reviewed the changes made to SC DHEC's conditional major source 
program, which is a portion of the FESOP minor source program, and 
agrees that the revisions made to subsection II.G. clarify the 
requirements for obtaining conditional major operating permits. 
Further, EPA has determined that the conditional operating permit 
program remains consistent with the criteria for

[[Page 39088]]

approving FESOP programs.\6\ Therefore, EPA is proposing to approve 
these changes into the SIP pursuant to CAA sections 110(a)(2)(C) and 
110(l).
---------------------------------------------------------------------------

    \6\ EPA approved SC DHEC's FESOP program on December 11, 1995 
(60 FR 63434).
---------------------------------------------------------------------------

9. Section II.H.--``Operating Permit Renewal Request''
    Regulation 61-62.1, Section II.H.--``Operating Permit Renewal 
Request'' specifies requirements for renewing operating permits for 
minor sources. South Carolina's October 1, 2007, submittal makes 
several changes to subsection II.H. to clarify applicability and 
requirements as follows: (1) Renumbers former paragraph B.2. to make a 
standalone subsection at II.H.; (2) adds paragraph H.1. to clarify that 
operating permits must be renewed through a written request; (3) adds 
paragraph H.2. to clarify that subsection II.H does not apply to title 
V sources; (4) adds language to specify that sources must submit permit 
renewal requests no later than 90 days prior to expiration of the 
existing operating permit; (5) revises language to expand the type of 
information needed to verify special permit conditions; (6) adds 
language to require more specific information in the renewal request, 
including changes in the source information required for construction 
permits under paragraph C.3.; and (7) makes administrative language 
changes throughout the paragraph.
    The July 18, 2011, June 17, 2013, August 8, 2014, and July 27, 
2016, submittals make several administrative edits and correct 
typographical errors throughout subsection II.H. EPA has reviewed the 
changes made to the operating permit renewal requirements and believes 
these changes are more specific and help to ensure SC DHEC has the best 
information possible when evaluating renewal requests. EPA has also 
preliminarily determined that the changes will not interfere with 
attainment or maintenance of the NAAQS, reasonable further progress, or 
other applicable CAA requirements. EPA is therefore proposing to 
approve these changes into the SIP, pursuant to CAA sections 
110(a)(2)(C) and 110(l).
10. Section II.I.--``Registration Permits''
    Regulation 61-62.1, Section II.I.--``Registration Permits'' 
provides regulations by which SC DHEC can issue registration permits, 
covering the construction and operation of similar sources. South 
Carolina's October 1, 2007, submittal adds these provisions to the 
minor source construction and operating permitting program to 
facilitate the permitting process for similar true minor sources 
qualifying for and applying for coverage permits for specific source 
categories. The purpose of this registration permitting minor source 
program is to protect the NAAQS while simplifying the permitting 
process for similar true minor sources. The difference between 
registration permits and general construction permits or general 
operating permits is that this program develops permits for specific 
source categories exclusively for true minor sources.
    The October 1, 2007, submittal provides the following requirements 
for registration permits under paragraph II.I: (1) Registration permits 
will be developed by SC DHEC and will specify all applicable 
requirements for construction and operation of similar true minor 
sources; (2) registration permits will be developed only for true minor 
sources; (3) sources can submit applications for coverage by certifying 
qualification for, and agreeing to the conditions of, registration 
permits, and sources later determined not to qualify for the 
registration permit are subject to enforcement; (4) approval to operate 
under a permit is a final permit action for the purposes of judicial 
review; and (5) sources will adhere to general requirements under 
paragraph II.J.1., and any other special permit conditions necessary to 
verify compliance with operational and emission limits.
    The July 18, 2011, submittal makes subsequent changes to subsection 
II.I. as follows: (1) Makes administrative edits; (2) adds language to 
assert that regardless of qualification for registration permits, SC 
DHEC reserves the right to require construction and operating permits, 
as determined on a case-by-case basis; and (3) changes language to 
clarify that registration permits shall contain any applicable permit 
conditions under subsection II.J., rather than all permit conditions 
listed in paragraph II.J., as SC DHEC finds appropriate.
    The August 8, 2014, submittal includes other changes to paragraph 
II.I., including administrative edits throughout and adding language to 
assert that SC DHEC can reopen registration permits for cause or to 
include new standards or regulations that become applicable during the 
lifetime of the permit. The August 8, 2014, submittal also removes 
language at subparagraph I.1.a. requiring SC DHEC to provide notice and 
opportunity for public participation prior to developing new 
registration permits. However, the State withdrew this change from 
EPA's consideration in a letter dated August 7, 2017.\7\ In the letter, 
SC DHEC explained that its intent in withdrawing the change was to 
require the Department to comply with the public participation 
procedures at subsection II.N. when developing registration permits.
---------------------------------------------------------------------------

    \7\ The August 7, 2017, letter has been included in the docket 
for this action.
---------------------------------------------------------------------------

    EPA has reviewed the changes made to the registration permit 
requirements, as clarified by the State's August 7, 2017, letter, and 
is proposing to approve them into the SIP, pursuant to CAA sections 
110(a)(2)(C) and 110(l), and 40 CFR part 51, subpart I.
11. Section II.J.--``Permit Conditions''
    Regulation 61-62.1, Section II.J.--``Permit Conditions'' specifies 
required standard and special permit conditions. The October 1, 2007, 
submittal combines the standard and special permit conditions into a 
standalone section for required permit conditions. This submittal makes 
the following changes at paragraph J.: (1) Renumbers former subsection 
II.C. to II.J. and modifies the title to reflect that the subsection 
applies to all permit types; (2) requires sources to submit reports as 
specified in applicable permits, laws, regulations, or standards; (3) 
adds language to assert that a source may be subject to enforcement if 
it fails to construct in accordance with the application and any issued 
construction permit, or constructs without applying for approval; (4) 
adds language to clarify the time period over which construction 
permits are valid; (5) renumbers paragraph G.4. to paragraph J.2. and 
modifies the title to clarify that what follows are special permit 
conditions; (6) adds language stating that SC DHEC will require special 
permit conditions as it finds appropriate, such as operational limits 
or reporting and recordkeeping requirements; (7) removes former 
subparagraph G.4.g., which states conditions to limit PTE must be 
federally enforceable, because the State otherwise imposes this 
requirement for synthetic minor construction permits at subparagraph 
E.3. and conditional major operating permits at subparagraph G.5.; and 
(8) makes administrative language changes throughout subsection II.J.
    One change made to subparagraph J.1.d., formerly C.4., in the 
October 1, 2007, submittal regards when emissions reports need to be 
made. In the place of a specific quarterly timeframe, the change 
directs sources to comply with reporting requirements derived from 
applicable permit requirements, laws and regulations, or standards. 
There are no specific reporting requirements for

[[Page 39089]]

minor sources specified in federal regulations at 40 CFR 51.160-164, so 
these reporting schedules can be developed as SC DHEC deems 
necessary.\8\ Moreover, subparagraph J.1.a. states that ``[n]o 
applicable law, regulation or standard will be contravened.'' Thus, if 
there is a prescriptive state or federal requirement for reporting of 
emissions that applies to any of these minor sources, the permits will 
set the necessary reporting schedule accordingly. Therefore, EPA has 
determined that this change does not interfere with attainment or 
maintenance of the NAAQS, reasonable further progress, or any other 
applicable CAA requirements.
---------------------------------------------------------------------------

    \8\ 40 CFR 70.6 generally requires semiannual emissions and 
compliance reporting.
---------------------------------------------------------------------------

    The July 18, 2011, submittal makes further revisions to subsection 
II.J., including: (1) Adding language stating that false information or 
misrepresentation in a permit application is grounds for permit 
revocation; (2) adding language stating that the issued construction or 
operating permit must be kept at the facility and that records must be 
kept as prescribed on site for at least five years; and (3) making 
administrative and clarifying edits. The August 8, 2014, submittal 
makes additional administrative changes.
    EPA has reviewed the changes to standard and special permit 
requirements for the minor source construction and operating permit 
program and is proposing to approve them into the SIP pursuant to CAA 
section 110(a)(2)(C) and 110(l).
12. Section II.K.--``Exceptions''
    Regulation 61-62.1, Section II.K.--``Exceptions'' sets forth 
factors that SC DHEC shall consider in determining whether to impose 
alternative emissions limits, compliance schedules, or other 
restrictions. The October 1, 2007, submittal makes non-substantive 
changes to this subsection, including renumbering this existing 
subsection from II.D. to II.K., and making administrative language 
changes. EPA is therefore proposing to approve the aforementioned 
changes into the SIP pursuant to CAA sections 110(a)(2)(C) and 110(l).
13. Section II.M.--``Transfer of Ownership/Operation''
    Regulation 61-62.1, Section II.M.--``Transfer of Ownership/
Operation'' specifies procedures for owners or operators of sources to 
undertake if the ownership or operation is transferred to another 
party. The October 1, 2007, submittal makes minor changes to this 
regulation to renumber existing subsection II.E. to subsection II.M. 
and to add more specific requirements for the written request to 
transfer ownership or operation of a source. The August 8, 2014, 
submittal makes only administrative changes to language in this 
subsection.
    EPA has reviewed the changes to this existing portion of the minor 
source permitting regulations and is proposing to approve the 
aforementioned changes into the SIP pursuant to CAA section 
110(a)(2)(C) and 110(l).
14. Section II.N.--``Public Participation Procedures''
    Regulation 61-62.1, Section II.N.--``Public Participation 
Procedures,'' specifies the public participation requirements for 
sources applying for and obtaining federally enforceable minor source 
construction and operating permits. The October 1, 2007, submittal 
makes several changes to subsection N. as follows: (1) Renumbers 
existing paragraph G.5. to create a standalone paragraph for public 
participation and clarify that these procedures can apply to other 
types of permit requests rather than only conditional major source 
operating permits; (2) adds language providing SC DHEC with discretion 
to require notice of permitting activity, even when not otherwise 
required by the State's regulations; (3) adds language stating that SC 
DHEC can use means other than publishing in newspapers, the State 
Register, and mailing lists to notify the public of minor source 
permitting; and (5) makes administrative language edits for 
consistency.
    The July 18, 2011, submittal makes one clarifying edit to reflect 
that an approved construction permit is required prior to the 
commencement of construction. The August 8, 2014, submittal makes 
administrative and clarifying edits to subsection II.N., including: (1) 
Adding language to subparagraph N.1. to identify the SC DHEC Web site 
as another method of notifying the public of permitting activity; (2) 
reformatting and revising paragraph N.2. to list the required elements 
of the public notice; (3) revising language to identify how SC DHEC 
will address and record comments, and broadening the SC DHEC procedures 
to note that the State will respond to all comments rather than only 
those received in writing or at the public hearing; (4) removing 
language requiring SC DEHC to respond to all comments in writing; and 
(5) making administrative edits.
    The changes in the October 1, 2007, submittal to allow for other 
methods of public notice, and in the August 8, 2014, submittal to 
explicitly list the SC DHEC Web site as a possible method of public 
notice are consistent with the minor source permitting regulations at 
40 CFR 51.161. EPA has existing policy asserting that the public notice 
requirement for minor source permitting activities at 40 CFR 
51.161(b)(3) is media-neutral, meaning that the public notice 
requirement can be met as long as the State interprets the method to be 
``prominent advertising.'' \9\ SC DHEC can therefore make use of its 
Web site, mailing lists, and other methods in lieu of publication in a 
newspaper. The provisions at subsection II.N. pertain only to minor 
sources, and any major source public notice requirements are contained 
in the major source PSD, NNSR, and title V regulations.\10\
---------------------------------------------------------------------------

    \9\ McCabe, Janet, ``Minor New Source Review Program Public 
Notice Requirements under 40 CFR 51.161(b)(3),'' Memorandum to 
Regional Administrators, Office of Air and Radiation, Washington, DC 
(April 17, 2012).
    \10\ EPA published a final rule on October 18, 2016 (81 FR 
71613) amending the public notice requirements for major source 
permitting programs to allow for other means of public notice, 
including Web sites. This proposed rulemaking only deals with 
changes to South Carolina's minor source permitting regulations.
---------------------------------------------------------------------------

    EPA has reviewed the public notice requirements and preliminarily 
finds that the changes currently before the Agency are not inconsistent 
with the CAA and EPA's implementing regulations, including the criteria 
for approving FESOP programs. See 54 FR 27274 (June 28, 1989). 
Therefore, EPA is proposing to approve the changes to the existing 
public notice requirements for the minor NSR and FESOP programs, 
pursuant to CAA section 110(a)(2)(C) and 40 CFR 51.160-164.
15. Section II.O.--``Inspection and Entry''
    Regulation 61-62.1, Section II.O.--``Inspection and Entry,'' 
specifies requirements to allow SC DHEC officials to enter and inspect 
facilities. South Carolina's July 18, 2011, submittal adds these 
provisions to the minor source construction and operating permitting 
program to allow for verification of adherence to permit conditions. 
The August 8, 2014, submittal makes one additional administrative 
change to the introductory language at subsection II.O. The ability for 
SC DHEC to enter and inspect facilities enables the State to oversee 
the minor source permitting program, including assisting in potential 
enforcement actions. EPA is therefore proposing to approve this 
subsection

[[Page 39090]]

and its updated provisions into the SIP, pursuant to CAA section 
110(a)(2)(C).

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference South Carolina Regulation 61-62.1, Section II--``Permit 
Requirements,'' effective June 24, 2016,\11\ which revises the 
federally enforceable minor source construction and operating permit 
program. EPA has made, and will continue to make, these materials 
generally available through 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).
---------------------------------------------------------------------------

    \11\ See Section I and Section II.C. of this proposed rule for 
additional detail.
---------------------------------------------------------------------------

V. Proposed Action

    EPA is proposing to approve portions of revisions to the South 
Carolina SIP submitted by SC DHEC to EPA on October 1, 2007, July 18, 
2011, June 17, 2013, August 8, 2014, January 20, 2016, and July 27, 
2016. Specifically, EPA is proposing to approve the changes to S.C. 
Code Ann. Regs. 61-62.1, Section II--``Permit Requirements,'' as 
discussed above, pursuant to CAA section 110(a)(2)(C), section 110(l), 
and 40 CFR 51.160--164.

VI. 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 
proposed action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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 (Public Law 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 proposed 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 the state of 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 this action will not impose 
substantial direct costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

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

    Authority:  42 U.S.C. 7401 et seq.

    Dated: August 7, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-17345 Filed 8-16-17; 8:45 am]
 BILLING CODE 6560-50-P