[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Rules and Regulations]
[Pages 58283-58286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19346]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0655; FRL-10014-35-Region 4]


Air Plan Approval; SC and TN: Minimum Reporting Requirements in 
SIPs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of a portion of State Implementation Plan (SIP) revisions for 
South Carolina submitted by the South Carolina Department of Health and 
Environmental Control (SC DHEC) through letters dated August 8, 2014, 
and August 12, 2015, and a portion of a SIP revision for Tennessee 
submitted by the Tennessee Department of Environment and Conservation 
(TDEC) through a letter dated February 17, 2014. The South Carolina SIP 
revisions modify a provision that requires fossil fuel-fired steam 
generators having a heat input capacity of more than 250 million 
British thermal units (Btu) per hour (Btu/hr) to submit continuous 
opacity monitoring reports required by the SIP on a quarterly basis. 
This provision is modified to allow such reporting on a semiannual 
basis instead. The South Carolina SIP does not contain any other 
continuous opacity monitoring report requirements for the subject 
sources, and this rule revision has no impact on any federal reporting 
requirements. Specifically, the South Carolina SIP revisions do not 
override any other reporting requirements that might continue to 
require more frequent reporting. The Tennessee SIP revision adds a new 
provision that requires any

[[Page 58284]]

source subject to the State's title V operating permit program to 
submit emission monitoring reports required by the SIP on a semiannual 
basis rather than on a quarterly basis. Much like the South Carolina 
SIP revisions, the Tennessee SIP revision has no impact on any federal 
reporting requirements and does not override any other reporting 
requirements that might continue to require more frequent reporting. 
EPA is approving these changes to the South Carolina and Tennessee SIPs 
because they are consistent with recent changes to federal regulations 
and because the South Carolina and Tennessee SIP revisions are 
consistent with the Clean Air Act (CAA or Act).

DATES: This rule is effective October 19, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0655. 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 can either 
be retrieved electronically via www.regulations.gov or in hard copy at 
the Air Regulatory Management Section, Air Planning and Implementation 
Branch, Air and Radiation 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: Joel Huey, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960, or Sean Lakeman, Air Regulatory Management Section, Air 
Planning and Implementation Branch, Air and Radiation Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW, 
Atlanta, Georgia 30303-8960. Mr. Huey can be reached by telephone at 
(404) 562-9104 or via electronic mail at [email protected]. Mr. Lakeman 
can be reached by telephone at (404) 562-9043 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In a July 21, 2020 (85 FR 44027), notice of proposed rulemaking 
(NPRM), EPA proposed to approve revisions to the South Carolina SIP, 
submitted by SC DHEC on August 8, 2014, and August 12, 2015, concerning 
the frequency with which fossil fuel-fired steam generators are 
required to submit continuous opacity monitoring reports to the State. 
In that NPRM, EPA also proposed to approve a revision to the Tennessee 
SIP, submitted by TDEC on February 17, 2014, concerning the frequency 
with which major sources subject to the title V operating permit 
program are required to report excess emissions data to the State. 
These SIP revisions would change certain existing quarterly emission 
reporting requirements to semiannual requirements for affected 
facilities. Due to a conflict with the federal rule at that time, EPA 
stated that the Agency did not intend to take final action on these SIP 
revisions unless and until EPA has taken final action to revise 
Appendix P of 40 CFR part 51 (Appendix P), as proposed in the Agency's 
February 21, 2020, notice of proposed rulemaking.
    In a final action published on August 14, 2020 (85 FR 49596), EPA 
finalized revisions to Appendix P that changed the minimum frequency 
for submitting reports of excess emissions from ``each calendar 
quarter'' to ``twice per year at 6-month intervals'' for the four 
source categories subject to Appendix P (fossil fuel-fired steam 
generators, nitric acid plants, sulfuric acid plants, and fluid bed 
catalytic cracking unit catalyst regenerators at petroleum refineries). 
As a result, states may establish semiannual reporting as the minimum 
frequency for affected sources to submit reports of excess emissions to 
the state. This reporting frequency aligns with what EPA has generally 
established as the reporting frequency applicable to the Appendix P 
source categories under more recently updated regulations. Due to this 
change to Appendix P, the South Carolina SIP revision and the Tennessee 
SIP revision are no longer in conflict with the federal requirement for 
quarterly excess emissions reporting for the four source categories 
subject to Appendix P.
    EPA received no adverse comments on the July 21, 2020, NPRM, which 
includes the full rationale behind the proposed approval of the 
revisions to the South Carolina and Tennessee SIPs. EPA is taking final 
action to approve these SIP revisions because they are consistent with 
the provisions of the CAA.

II. 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 incorporating by reference South Carolina Regulation 61-
62.5 Standard No. 1, Section IV, ``Opacity Monitoring Requirements,'' 
state effective September 23, 2016,\1\ which revises the quarterly 
reporting requirement to a semiannual requirement. Also, in accordance 
with requirements of 1 CFR 51.5, EPA is incorporating by reference 
Tennessee Rule 1200-03-10-.02, ``Monitoring of Source Emissions, 
Recording, and Reporting of the Same Are Required,'' state effective 
February 5, 2013, which revises the quarterly reporting requirement to 
a semiannual requirement. 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 their respective SIPs, have been incorporated by reference 
by EPA into those plans, 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.\2\
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    \1\ The effective date of the change to South Carolina 
Regulation 61-62.5, Standard No. 1, Section IV, made in South 
Carolina's August 8, 2014, and August 12, 2015, SIP revisions is 
June 26, 2015. However, for purposes of the state effective date 
included at 40 CFR 52.2120(c), that change to South Carolina's 
regulation is captured and superseded by South Carolina's update in 
a November 4, 2016, SIP revision, state effective on September 23, 
2016, which EPA previously approved on June 25, 2018. See 83 FR 
29455.
    \2\ See 62 FR 27968 (May 22, 1997).
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III. Final Actions

    EPA is approving a portion of South Carolina's August 8, 2014, and 
August 12, 2015, SIP revisions to change Rule 61-62.5 Standard 1, 
Section IV.B.1 to provide that the owner or operator of any fossil 
fuel-fired steam generators having a heat input capacity of more than 
250 million Btu/hr shall submit a written continuous opacity monitor 
report to SC DHEC semiannually or more often if requested, thus 
revising the existing requirement to submit such reports on a quarterly 
basis. EPA is also approving Tennessee's February 17,

[[Page 58285]]

2014, SIP revision including a change to Rule 1200-03-10-.02 to add a 
new subparagraph (2)(d) which states: ``Any source located at a 
facility required to obtain a major source operating permit in 
accordance with the provisions of paragraph (11) of Rule 1200-03-09-.02 
may submit the reports required by this rule on a semi-annual basis.'' 
This revision to the Tennessee SIP changes the existing SIP requirement 
for title V sources to submit monitoring reports required by Rule 1200-
03-10-.02 to the State from a quarterly basis to a semiannual basis.

IV. 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. These actions merely 
approve state law as meeting Federal requirements and do not impose 
additional requirements beyond those imposed by state law. For that 
reason, these actions:
     Are not 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);
     Are not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, for Tennessee, the SIP is not approved to apply on any 
Indian reservation land or in any other area where EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    For South Carolina, because this final action merely approves state 
law as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law, 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). 
Therefore, this action will not impose substantial direct costs on 
Tribal governments or preempt Tribal law. The Catawba Indian Nation 
(CIN) 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 (Settlement Act), ``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.'' The CIN also retains authority to 
impose regulations applying higher environmental standards to the 
Reservation than those imposed by state law or local governing bodies, 
in accordance with the Settlement Act.
    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 November 17, 2020. 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: August 27, 2020.
Mary Walker,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart PP--South Carolina

0
2. In Sec.  52.2120 amend the table in paragraph (c) under by revising 
the entry for ``Section IV'' under ``Standard No. 1, Emissions from 
Fuel Burning Operations'' under ``Regulation No. 62.5, Air Pollution 
Control Standards'' to read as follows:


Sec.  52.2120   Identification of plan.

* * * * *
    (c) * * *

[[Page 58286]]



                                     EPA-Approved South Carolina Regulations
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                                                                State
          State citation                Title/subject      effective date    EPA approval date      Explanation
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                                                  * * * * * * *
Regulation No. 62.5...............  Air Pollution Control
                                     Standards.
Standard No. 1....................  Emissions from Fuel
                                     Burning Operations.
 
                                                  * * * * * * *
Section IV........................  Opacity Monitoring          9/23/2016  9/18/2020, Insert
                                     Requirements.                          citation of
                                                                            publication.
 
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* * * * *

Subpart RR--Tennessee

0
3. Section 52.2220(c) Table 1 is amended under ``Chapter 1200-3-10 
Required Sampling, Recording, and Reporting'' by revising the entry for 
``Section 1200-3-10-.02'' to read as follows:


Sec.  52.2220   Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA Approved Tennessee Regulations
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                                                                State
          State citation                Title/subject      effective date    EPA approval date      Explanation
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                                                  * * * * * * *
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                          Chapter 1200-3-10 Required Sampling, Recording, and Reporting
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                                                  * * * * * * *
Section 1200-3-10-.02.............  Monitoring of Source         2/5/2013  9/18/2020, Insert
                                     Emissions,                             citation of
                                     Recording, and                         publication.
                                     Reporting of the
                                     Same are Required.
 
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[FR Doc. 2020-19346 Filed 9-17-20; 8:45 am]
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