[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Rules and Regulations]
[Pages 39537-39541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17240]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0387; FRL-9966-34-Region 4]


Air Plan Approval; SC: Miscellaneous Revisions to Multiple Rules

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 several miscellaneous rules, 
covering definitions, source tests, credible evidence, open burning, 
air pollution episodes, and fugitive particulate matter. 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: July 18, 2011, 
June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and 
July 27, 2016. These actions are being taken pursuant to the Clean Air 
Act.

DATES: This direct final rule is effective October 20, 2017 without 
further notice, unless EPA receives adverse comment by September 20, 
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-2017-0387 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:

[[Page 39538]]

I. What action is EPA taking?

    On July 18, 2011, June 17, 2013, April 10, 2014, 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 SIP 
regulations to add definitions, make administrative and clarifying 
amendments, 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-
62.1 ``Definitions and General Requirements'' at Section I--
``Definitions,'' Regulation 61-62.1, Section IV--``Source Tests,'' 
Regulation 61-62.1, Section V--``Credible Evidence.'' EPA is also 
approving changes to Regulation 61-62.2--``Prohibition of Open 
Burning,'' Regulation 61-62.3--``Air Pollution Episodes'' at Section 
I--``Episode Criteria'' and Regulation 61-62.6--``Control of Fugitive 
Particulate Matter'' at Section I--``Control of Fugitive Particulate 
Matter in Non-Attainment Areas'' and Section III--``Control of Fugitive 
Particulate Matter Statewide.''
    At this time, EPA is not acting on the changes detailed in Table 1 
below. EPA will address all remaining changes to the South Carolina SIP 
as listed above in a separate action.
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    \1\ In its July 18, 2011, submittal, South Carolina is removing 
and reserving its program for setting alternative emission limits at 
Regulation 61-62.5, Standard No. 6 ``Alternative Emission Limitation 
Options (Bubble).'' This change is not presently before EPA because 
we rescinded the original approval of this regulation and 
disapproved a further revision to the regulation on March 8, 1995 
(60 FR 12700). The 1995 action disapproving a SIP revision and 
rescinding approval of the adoption of the regulation into the SIP 
was based on EPA's analysis that the rule did not meet EPA's 
Emissions Trading Policy Statement, Economic Incentive Program 
rules, nor the CAA amendments of 1990, and a March 24, 1994, request 
for disapproval from SC DHEC. Therefore, Regulation 61-62.5, 
Standard No. 6 is no longer part of the federally approved SIP, and 
this revision to remove and reserve the existing regulation is not 
before EPA for consideration. However, on May 7, 2002, EPA 
inadvertently approved a revision to Regulation 61-62.5, Standard 
No. 6 to correct typographical errors (67 FR 30594). This action was 
done in error since the original adoption of the Regulation was 
rescinded on March 8, 1995 (60 FR 12700). EPA will address the error 
and the incorporation by reference of Regulation 61-62.5, Standard 
No. 6 at 40 CFR 52.2120(c) in another action.

                              Table 1--Other Portions of South Carolina Submittals
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            Submittal                   Regulation                                Status
----------------------------------------------------------------------------------------------------------------
July 18, 2011....................  Regulation 61-62.1,   EPA will evaluate in a separate action.
                                    Section II.
July 18, 2011....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 1.
July 18, 2011....................  Regulation 61-62.5,   Approved April 3, 2013 (78 FR 19994).
                                    Standard No. 2.
July 18, 2011....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 4.
July 18, 2011....................  Regulation 61-62.5,   Not part of the SIP.\1\
                                    Standard No. 6.
June 17, 2013....................  Regulation 61-62.1,   EPA will evaluate in a separate action.
                                    Section II.
June 17, 2013....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 4.
June 17, 2013....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 5.
April 10, 2014...................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 7.
August 8, 2014...................  Regulation 61-62.1,   EPA will evaluate in a separate action.
                                    Section II.
August 8, 2014...................  Regulation 61-62.1,   Approved June 12, 2015 (80 FR 33413) and May 31, 2017
                                    Section III.          (82 FR 24851).
August 8, 2014...................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 1.
August 8, 2014...................  Regulation 61-62.5,   Approved April 3, 2013 (78 FR 19994).
                                    Standard No. 4.
January 20, 2016.................  Regulation 61-62.1,   EPA will evaluate in a separate action.
                                    Section II.
January 20, 2016.................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 5.
January 20, 2016.................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 7.1.
July 27, 2016....................  Regulation 61-62.1,   EPA will evaluate in a separate action.
                                    Section II.
July 27, 2016....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 4.
July 27, 2016....................  Regulation 61-62.5,   EPA will evaluate in a separate action.
                                    Standard No. 5.2.
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II. Analysis of South Carolina's Submittals

A. Regulation 61-62.1, Section I--``Definitions''

    South Carolina is amending its list of applicable definitions 
related to the regulation of air quality at Regulation 61-62.1, Section 
I--``Definitions.'' The July 18, 2011, submittal makes several changes 
to the definitions as follows: (1) Adds a definition for ``CAA [Clean 
Air Act];'' (2) adds definitions for ``PM2.5,'' or fine 
particulate matter with an aerodynamic diameter less than or equal to a 
nominal 2.5 micrometers, and ``PM2.5 emissions;'' (3) 
revises the definition of ``fugitive emissions'' to match the federal 
definition at 40 CFR 51.165(a)(1)(ix), 40 CFR 51.166(b)(20), and 40 CFR 
52.21(b)(20); and (4) makes other clarifying and administrative edits 
to definitions throughout the Section, including renumbering. The June 
17, 2013, submittal further revises the definitions to make several 
administrative edits only.
    The April 10, 2014, submittal makes one revision to the definitions 
at Regulation 61-62.1, Section I.94.--``Volatile Organic Compound 
(VOC),'' to add a compound to the list of compounds determined to have 
negligible photochemical reactivity and therefore exempted from being 
considered a VOC, consistent with the federal definition. This revision 
in the April 10, 2014, submittal is superseded by another revision to 
the definition of VOC at I.94. in the August 8, 2014, submittal. This 
submittal changes the format of the definition of VOC at I.99., 
renumbered from I.94., to incorporate by reference the list of 
compounds exempted from the federal definition by making an explicit 
reference to the federal definition at 40 CFR 51.100(s). The August 8, 
2014, submittal goes on to revise Section I by: (1) Adding definitions 
for ``Code of Federal Regulations (CFR),'' ``NAICS [North American 
Industrial Classification System] Code,'' and ``SIC [Standard 
Industrial Classification] Code;'' and (2) making administrative 
changes throughout.
    Finally, the July 27, 2016, submittal makes subsequent revisions to 
Section I to add the definition of ``emission'' and makes 
administrative edits throughout. EPA has reviewed the changes made to 
South Carolina's definitions and is approving the aforementioned 
changes to Regulation 61-62.1, Section I into the SIP pursuant to CAA 
section 110.

[[Page 39539]]

B. Regulation 61-62.1, Section IV--``Source Tests''

    South Carolina is amending its rules covering source testing at 
Regulation 61-62.1, Section IV--``Source Tests.'' Federal implementing 
regulations at 40 CFR 51.212--``Testing, inspection, enforcement, and 
complaints,'' require, among other things, that the SIP must provide 
for ``periodic testing and inspection of stationary sources.''
    The June 17, 2013, submittal revises the rule to make an 
administrative edit only. The August 8, 2014, submittal further revises 
the rule as follows: (1) Adds an additional requirement for site-
specific test plans to account for procedures for obtaining, analyzing, 
and reporting source test audit samples and results; (2) adds language 
to provide more prescriptive requirements for notifications of testing; 
(3) adds language to specify that where federal regulation requires 
specific certification for conducting source tests, the individuals 
conducting the tests will meet that requirement; (4) removes language 
stating SC DHEC would provide audit samples to sources for required 
audits; (5) adds language stating that sources must purchase samples 
from an audit sample provider where commercially available, and 
including procedures for the source audits, consistent with federal 
rulemakings on stationary source auditing; \2\ (6) adds language to 
specify additional information required for the required source test 
report; and (7) makes administrative changes throughout the Section.
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    \2\ See EPA rulemakings on September 13, 2010 (75 FR 55636) and 
March 28, 2011 (76 FR 17288) for more details.
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    EPA has reviewed the changes made to South Carolina's rules for 
source testing and is approving the aforementioned changes to 
Regulation 61-62.1, Section IV into the SIP pursuant to CAA section 
110.

C. Regulation 61-62.1, Section V--``Credible Evidence''

    South Carolina is making a minor change to its rules covering 
credible evidence at Regulation 61-62.1, Section IV--``Source Tests.'' 
Federal implementing regulations at 40 CFR 51.212--``Testing, 
inspection, enforcement, and complaints,'' require, among other things, 
that the SIP must not ``preclude the use, including the exclusive use, 
of any credible evidence or information, relevant to whether a source 
would have been in compliance with applicable requirements if the 
appropriate performance or compliance test or procedure had been 
performed.'' SC DHEC's SIP-approved provisions at Regulation 61-62.1, 
Standard V clarify State authority for enforcement and compliance 
certification and asserts that credible evidence is data that may be 
used to determine compliance or noncompliance with applicable emission 
limits.
    The August 8, 2014, submittal revises the regulation to make an 
administrative edit for consistency in internal citations only. EPA has 
reviewed the changes made to South Carolina's rules for credible 
evidence and is approving the aforementioned change to Regulation 61-
62.1, Section V into the SIP pursuant to CAA section 110.

D. Regulation 61-62.2--``Prohibition of Open Burning''

    South Carolina is making a minor change to its rules covering open 
burning at Regulation 61-62.2--``Prohibition of Open Burning.'' South 
Carolina's SIP-approved regulation prohibits open burning except in 
limited circumstances. The April 10, 2014, submittal revises the 
regulation to make an administrative edit to a referenced manual only. 
EPA has reviewed the changes made to South Carolina's rules for open 
burning and is approving the aforementioned change to Regulation 61-
62.2 into the SIP pursuant to CAA section 110.

E. Regulation 61-62.3--``Air Pollution Episodes''

    South Carolina is making minor changes to its rules covering air 
pollution episodes at Regulation 61-62.3--``Air Pollution Episodes.'' 
South Carolina's SIP-approved regulation defines classifications of 
high air pollution for public notification and outlines emission 
reduction plans corresponding to the different classifications. The 
July 18, 2011 and June 17, 2013, submittals revise the regulation at 
Section I--``Episode Criteria'' to make administrative edits to 
formatting and correct a typographical error only. EPA has reviewed the 
changes made to South Carolina's rules for air pollution episodes and 
is approving the aforementioned change to Regulation 61-62.3 into the 
SIP pursuant to CAA section 110.

F. Regulation 61-62.6--``Control of Fugitive Particulate Matter''

    South Carolina is making minor changes to its rules covering 
fugitive particulate matter at Regulation 61-62.6--``Control of 
Fugitive Particulate Matter.'' South Carolina's SIP-approved regulation 
describes procedures for properly controlling the release of fugitive 
particulate matter in nonattainment areas for particulate matter-
related standards, in areas with ambient air quality concentrations at 
or near primary standards, and generally applicable to all areas in the 
state. The April 10, 2014 submittal makes changes to Section I--
``Control of Fugitive Particulate Matter in Non-Attainment Areas'' and 
Section III--``Control of Fugitive Particulate Matter Statewide'' to 
make administrative edits only. The January 20, 2016 submittal makes a 
subsequent administrative edit to Section I--``Control of Fugitive 
Particulate Matter in Non-Attainment Areas'' only. EPA has reviewed the 
changes made to South Carolina's rules for controlling fugitive 
particulate matter and is approving the aforementioned change to 
Regulation 61-62.6 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 the following 
South Carolina Regulations: Regulation 61-62.1, Section I--
``Definitions,'' effective June 24, 2016, which revises definitions 
applicable to the SIP; Regulation 61-62.1, Section IV--``Source 
Tests,'' effective June 27, 2014, which revises requirements for 
stationary source testing; Regulation 61-62.1, Section V--``Credible 
Evidence,'' effective June 27, 2014, which revises formatting for 
consistency; Regulation 61-62.2--``Prohibition of Open Burning,'' 
effective December 27, 2013, which revises formatting for consistency; 
Regulation 61-62.3, Section I--``Episode Criteria,'' effective April 
26, 2013, which makes administrative edits to regulations prescribing 
air quality episodes; Regulation 61-62.6, Section I--``Control of 
Fugitive Particulate Matter in Non-Attainment Areas,'' effective 
November 27, 2015, which revises formatting; and Regulation 61-62.6, 
Section III--``Control of Fugitive Particulate Matter Statewide,'' 
effective December 27, 2013, which makes administrative language 
changes for consistency. Therefore, these materials have been approved 
by EPA for inclusion in the State implementation plan, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the

[[Page 39540]]

next update to the SIP compilation.\3\ 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).
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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 July 18, 2011, June 17, 2013, April 10, 2014, August 
8, 2014, January 20, 2016, and July 27, 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 20, 2017 without further 
notice unless the Agency receives adverse comments by September 20, 
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 20, 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 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 20, 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, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: August 4, 2017.
V. 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.

[[Page 39541]]

Subpart PP--South Carolina

0
2. Section 52.2120(c) is amended by:
0
A. Under Regulation No. 62.1 revise the entries for ``Section I,'' 
``Section IV,'' and ``Section V,''
0
B. Revise Regulation No. 62.2,
0
C. Under Regulation No. 62.3, revise the entry for ``Section I,'' and
0
D. Under Regulation No. 62.6, revise ``Section I'' and ``Section III''.
    The revisions read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
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                                              State       EPA approval
   State citation       Title/subject    effective date       date               Federal Register Notice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section I..........  Definitions.......       6/24/2016       8/21/2017  [Insert citation of publication].
 
                                                  * * * * * * *
Section IV.........  Source Tests......       6/27/2014       8/21/2017  [Insert citation of publication].
 
                                                  * * * * * * *
Section V..........  Credible Evidence.       6/27/2014       8/21/2017  [Insert citation of publication].
 
                                                  * * * * * * *
Regulation No. 62.2  Prohibition of          12/27/2013       8/21/2017  [Insert citation of publication].
                      Open Burning.
 
                                                  * * * * * * *
Section I..........  Episode Criteria..       4/26/2013       8/21/2017  [Insert citation of publication].
 
                                                  * * * * * * *
Section I..........  Control of              11/27/2015       8/21/2017  [Insert citation of publication].
                      Fugitive
                      Particulate
                      Matter in Non-
                      Attainment Areas.
 
                                                  * * * * * * *
Section III........  Control of              12/27/2013       8/21/2017  [Insert citation of publication].
                      Fugitive
                      Particulate
                      Matter Statewide.
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2017-17240 Filed 8-18-17; 8:45 am]
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