[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3705-3707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02059]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0073; FRL-9989-22-Region 4]


Air Plan Approval; South Carolina: Revisions to Prevention of 
Significant Deterioration Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of a State Implementation Plan (SIP) revision submitted by the 
State of South Carolina, through the South Carolina Department of 
Health and Environmental Control (SC DHEC), on September 5, 2017, that 
seek to revise certain New Source Review (NSR) regulations regarding 
the Prevention of Significant Deterioration (PSD) permitting program. 
EPA is finalizing this action pursuant to the Clean Air Act (CAA or 
Act).

DATES: This rule is effective on March 15, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0073. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the 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. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

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 September 5, 2017, SC DHEC submitted a SIP revision to EPA for 
approval that involves changes to South Carolina's NSR permitting 
regulations to make them consistent with federal requirements for NSR 
permitting, correct typographical errors, make internal references 
consistent, and update public noticing procedures.\1\ These changes 
include revisions to NSR public notice requirements in SC DHEC 
Regulation 61-62.5, Standard No. 7--``Prevention of Significant 
Deterioration (PSD) at sections (q) and (w)(4) to address the federal 
rule entitled ``Revisions to Public Notice Provisions in Clean Air Act 
Permitting Programs,'' Final Rule, 81 FR 71613 (October 18, 2016) (also 
referred to as the e-Notice Rule). In this final action, EPA is 
approving the SIP revision that makes changes to South Carolina's NSR 
regulations at SC DHEC Regulation 61-62.5, Standard No. 7 which applies 
to the construction or modification of any major stationary source in 
areas designated as attainment or unclassifiable as required by part C 
of title I of the CAA, with the exception of the portions of the SIP 
revision related to the e-Notice Rule. EPA has addressed the e-notice 
portions of the SIP revision in a separate action on December 14, 2018 
(83 FR 64285).
---------------------------------------------------------------------------

    \1\ Also on September 5, 2017, South Carolina submitted separate 
SIP revisions with: Changes to Regulation 61-62.1, Section I--
``Definitions'' and Regulation 61-62.5, Standard No. 5.2--``Control 
of Oxides of Nitrogen (NOx);'' the adoption of Regulation 61-62.97--
``Cross State Air Pollution Rule (CSAPR) Trading Program;'' and 
changes to the regional haze SIP. The SIP revision related to 
Regulation 61-62.97 (CSAPR) was previously approved on October 13, 
2017 (82 FR 47939). EPA will address the remaining SIP revisions in 
separate actions.
---------------------------------------------------------------------------

    EPA is approving changes submitted in South Carolina's September 5, 
2017, SIP revision to modify the PSD regulations to make minor edits 
for internal consistency and to adopt changes for consistency with 
EPA's 2016 permit rescission rule entitled ``Rescission of 
Preconstruction Permits Issued Under the Clean Air Act'' Final Rule, 81 
FR 78043 (November 7, 2016). On September 21, 2018 (83 FR 47855), EPA 
published a notice of proposed rulemaking (NPRM) proposing to approve 
the portions of South Carolina's SIP revision described in Section II, 
of this preamble. The details of South Carolina's SIP revision and the 
rationale for EPA's actions are further explained in the NPRM. EPA 
received no adverse comments on the proposed approval.

II. Analysis of South Carolina's Submittal

    The September 5, 2017, SIP revision makes several changes to 
Regulation 61-62.5, Standard No. 7 at section (w)--entitled ``Permit 
rescission''--to be consistent with the federal provisions for 
rescinding PSD permits.\2\ Paragraph (w)(1) currently states that PSD 
permits issued pursuant to Standard No. 7 remain in effect until they 
expire or are rescinded. This subparagraph is revised in South 
Carolina's submittal to clarify that section (w) is the only provision 
under which permit rescission is allowed. Next, paragraph (w)(2) is 
revised to remove the date restriction that limits rescission to PSD 
permits issued under PSD rules in effect on or before July 30, 1987. 
South Carolina's revised language is consistent with the federal Permit 
Rescission Rule, allowing for permit rescission if the permit meets the 
requirement of paragraph (w)(3). Finally, paragraph (w)(3) is revised 
to change the word ``shall'' to ``may'' to clarify that this provision 
does not

[[Page 3706]]

create a mandatory duty for the State. This change is consistent with 
the Permit Rescission Rule at 40 CFR 52.21(w)(3).
---------------------------------------------------------------------------

    \2\ South Carolina also revised Regulation 61-62.5, Standard No. 
7 at paragraph (w)(4) to address EPA's eNotice Rule. As discussed 
above, EPA has addressed this change in a separate action.
---------------------------------------------------------------------------

    The September 5, 2017, SIP revision also revises other paragraphs 
in Regulation 61-62.5, Standard No. 7 for consistency in formatting, to 
correct internal references, and to correct typographical errors. 
Section (b) is modified at paragraph (34), subparagraph (vi), to 
correct a typographical error in the definition of ``Net emissions 
increase.'' Next, sections (w), (aa), and (bb) are revised to be in 
bold font for internal consistency. Finally, Standard No. 7 is revised 
to make internal references and formatting consistent by making changes 
in section (aa) at (aa)(1)(i), (aa)(9), (aa)(11)(i), and (aa)(14)(i). 
EPA finds that South Carolina's revised rules are consistent with 
federal requirements and CAA section 110.

III. Incorporation by Reference

    In this document, 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 SC DHEC 
regulatory paragraphs identified above in Section II within South 
Carolina Regulation 61-62.5, Standard No. 7, entitled ``Prevention of 
Significant Deterioration,'' state effective on August 25, 2017. EPA 
has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA Region 4 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information). 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 in the next update to the SIP compilation.\3\
---------------------------------------------------------------------------

    \3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    This is a final action based on the proposed rule (see 83 FR 
47855). For the reasons discussed above, EPA is approving the 
aforementioned changes to the South Carolina SIP, submitted on 
September 5, 2017.

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. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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 boundary of York County, 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.
    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 April 15, 2019. 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. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: December 21, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

[[Page 3707]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart PP--South Carolina

0
2. Section 52.2120(c), is amended in the table under the heading 
``Regulation No. 62.5 Air Pollution Control Standards'' by revising the 
entry for ``Standard No. 7'' to read as follows:


Sec.  52.2120   Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Regulation No. 62.5..............  * * *..............
 
                                                  * * * * * * *
Standard No. 7...................  Prevention of             8/25/2017  2/13/2019 [Insert    The SIP does not
                                    Significant                          Federal Register].   include the August
                                    Deterioration.                                            25, 2017 state-
                                                                                              effective version
                                                                                              of Standard No. 7,
                                                                                              paragraphs
                                                                                              (b)(32)(i)(a),
                                                                                              (b)(32)(iii)(b)(t)
                                                                                              , and
                                                                                              (i)(1)(vii)(t).
                                                                                              Instead, the SIP
                                                                                              includes the June
                                                                                              25, 2005 state-
                                                                                              effective version
                                                                                              of these
                                                                                              paragraphs,
                                                                                              conditionally
                                                                                              approved by EPA on
                                                                                              June 2, 2008, and
                                                                                              fully approved on
                                                                                              June 23, 2011.
                                                                                             The SIP does not
                                                                                              include Standard
                                                                                              No. 7, paragraphs
                                                                                              (b)(30)(v) and
                                                                                              (b)(34)(iii)(d)
                                                                                              because the state
                                                                                              withdrew these
                                                                                              paragraphs from
                                                                                              EPA's
                                                                                              consideration for
                                                                                              approval on
                                                                                              December 20, 2016.
                                                                                             The SIP does not
                                                                                              include the August
                                                                                              25, 2017 state-
                                                                                              effective version
                                                                                              of Standard No. 7,
                                                                                              paragraph
                                                                                              (b)(34)(iii)(c)
                                                                                              because the state
                                                                                              withdrew the
                                                                                              August 25, 2017
                                                                                              state-effective
                                                                                              version of this
                                                                                              paragraph from
                                                                                              EPA's
                                                                                              consideration for
                                                                                              approval on June
                                                                                              27, 2017. Instead,
                                                                                              the SIP includes
                                                                                              the June 25, 2005
                                                                                              state-effective
                                                                                              version of this
                                                                                              paragraph
                                                                                              conditionally
                                                                                              approved by EPA on
                                                                                              June 2, 2008, and
                                                                                              fully approved on
                                                                                              June 23, 2011.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-02059 Filed 2-12-19; 8:45 am]
 BILLING CODE 6560-50-P