[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Rules and Regulations]
[Pages 57358-57361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18120]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0397; FRL-10011-02-R4]


Air Plan Approval; South Carolina: New Source Review Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of a State Implementation Plan (SIP) revision submitted by the 
State of South Carolina, through the South Carolina Department of 
Health and Environmental Control (hereinafter referred to as SC DHEC or 
South Carolina) via a letter dated February 3, 2022. The SIP revision 
updates portions of South Carolina's Prevention of Significant 
Deterioration (PSD) and Nonattainment New Source Review (NNSR) 
regulations, including changes to reflect the regulation of greenhouse 
gases (GHGs) pursuant to the Tailoring Rule and updates promulgated in 
the recent NSR Corrections Rule. With the exception of the Project 
Emissions Accounting provisions, which EPA expects to act on in a 
separate final rule, EPA is approving these revisions pursuant to the 
Clean Air Act (CAA or Act) and implementing Federal regulations.

DATES: This rule is effective September 22, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0397. 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,

[[Page 57359]]

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: Pearlene Williams-Miles, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air and Radiation Division, Region 4, U.S. Environmental Protection 
Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The 
telephone number is (404) 562-9144. Ms. Williams-Miles can also be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. This Action

    In this final rule, EPA is approving into the South Carolina SIP 
updated PSD and NNSR rules. Specifically, EPA is approving the 
incorporation by reference of South Carolina's Regulation 61-62.5, 
Standard No. 7--Prevention of Significant Deterioration, State 
effective on November 26, 2021, except for paragraphs (A)(2)(d)(vi) and 
(A)(2)(d)(vii) related to Project Emissions Accounting into South 
Carolina's SIP. EPA is also finalizing the incorporation by reference 
of South Carolina's Regulation 61-62.5, Standard No. 7.1--Nonattainment 
New Source Review, State effective on November 26, 2021, into South 
Carolina's SIP except for paragraphs (A)(8) and (A)(9) related to 
Project Emissions Accounting and the portions of paragraphs (A)(11)(t) 
and (B)(22)(c)(xx) related to the Ethanol Rule Provisions.

II. Background

    As described in the notice of proposed rulemaking (NPRM) published 
on July 26, 2022,\1\ over time, EPA has updated its NNSR and PSD 
permitting minimum requirements for State implementation plans at 40 
CFR 51.165 and 51.166, respectively, and States and localities are 
required to update their SIP-approved rules to ensure consistency with 
these Federal rules.\2\ Collectively, EPA commonly refers to its NNSR 
and PSD permitting programs as the major ``new source review,'' or NSR, 
permitting programs.
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    \1\ See 87 FR 44314.
    \2\ Over time, EPA has also updated its corresponding PSD and 
NNSR rules at 40 CFR 52.21 and 40 CFR part 51, appendix S.
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    EPA last approved updates to South Carolina's SIP-approved major 
NSR regulations on October 28, 2021, by acting on an April 24, 2020, 
submittal from the State. See 86 FR 59646. Since the time of South 
Carolina's April 24, 2020, submittal, EPA has updated the Federal major 
NSR regulations to clarify the Project Emissions Accounting provisions 
and to correct certain errors in the NSR regulations that had 
accumulated over time.\3\
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    \3\ The ``Prevention of Significant Deterioration (PSD) and 
Nonattainment New Source Review (NNSR): Project Emissions 
Accounting'' rule was finalized on November 24, 2020. See 85 FR 
74890 (hereinafter ``Project Emissions Accounting Rule'').
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    On February 3, 2022, SC DHEC submitted SIP revisions to EPA for 
approval that included changes to South Carolina's major NSR permitting 
regulations to align them with recent updates to Federal requirements 
for PSD and NNSR permitting.\4\ Specifically, these changes update 
South Carolina's Regulation 61-62.5, Standard No. 7--Prevention of 
Significant Deterioration, and Standard No. 7.1--Nonattainment New 
Source Review.\5\ The State's February 3, 2022, SIP submittal 
incorporates into the South Carolina SIP updated PSD provisions related 
to the regulation of GHGs pursuant to the Tailoring Rule,\6\ which was 
previously implemented in South Carolina through legislative action 
(South Carolina Joint Resolution H4888 (2010)). The State's February 3, 
2022, SIP submittal also incorporates changes promulgated in EPA's 
November 24, 2020, Project Emissions Accounting Rule \7\ and in EPA's 
July 19, 2021, NSR Corrections Rule.\8\
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    \4\ EPA notes that the February 3, 2022, submittal was received 
by EPA on February 4, 2022. For clarity, EPA will refer to this 
submittal based on the date of the letter.
    \5\ EPA notes that under the February 3, 2022, cover letter, SC 
DHEC also submitted updates to the following State Regulations: 61-
62.60, South Carolina Designated Facility Plan and New Source 
Performance Standards; Regulation 61-62.63, National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for Source 
Categories; and Regulation 61-62.70, Title V Operating Permit 
Program. However, South Carolina explains in the February 3, 2022, 
cover letter that these regulations are not part of the SIP, and 
they are not being requested for approval by EPA into the South 
Carolina SIP at this time.
    \6\ ``Prevention of Significant Deterioration and Title V 
Greenhouse Gas Tailoring Rule.'' See 75 FR 31514 (June 3, 2010).
    \7\ See 85 FR 74890 (November 24, 2020).
    \8\ See 86 FR 37918 (July 19, 2021).
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    Through the July 26, 2022, NPRM, EPA proposed to approve these 
changes as meeting the requirements of the Federal PSD and NNSR 
programs and as being consistent with the CAA. However, EPA excluded a 
portion of paragraphs (A)(11)(t) and (B)(22)(c)(xx) as they relate to 
the Ethanol Rule Provisions, found in Regulation 61-62.5, Standard No. 
7.1, from the proposed approval. Additional details on South Carolina's 
February 3, 2022, revisions and EPA's analysis of the changes can be 
found in the July 26, 2022, NPRM. Comments on the July 26, 2022, NPRM 
were due on or before August 25, 2022.

III. Response to Comments

    EPA received comments on the July 26, 2022, NPRM, which are 
included in the docket of this rulemaking. The comments arrived in a 
letter dated August 25, 2022, and originate from one Commenter, Center 
for Biological Diversity. The Commenter provided supplemental 
documentation to support the comments submitted. The comments generally 
oppose incorporating the Federal Project Emission Accounting provisions 
at 40 CFR 51.165 and 51.166 within the February 3, 2022, submission.
    EPA is not finalizing adoption of the Project Emissions Accounting 
provisions into South Carolina's SIP in this action.\9\ Therefore, EPA 
is not responding to these comments at this time. EPA expects to take 
final action on the Project Emissions Accounting provisions contained 
within SC DHEC's submittal in a separate final rule and to respond to 
these comments in that action.
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    \9\ These provisions are contained in Regulation 61-62.5, 
Standard 7, section (A)(2)(d)(vi) (revising hybrid test in PSD 
rules); Regulation 61-62.5, Standard 7, section (A)(2)(d)(vii) 
(defining ``sum of the difference'' in PSD rules); Regulation 61-
62.5, Standard 7.1, section (A)(8) (setting forth hybrid test in 
NNSR rules); Regulation 61-62.5, Standard 7.1, section (A)(9) 
(defining ``sum of the difference'' in NNSR rules).
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IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, and as discussed in sections I and II of this preamble, EPA 
is finalizing the incorporation by reference of South Carolina's 
Regulation 61-62.5, Standard No. 7--Prevention of Significant 
Deterioration, State effective on November 26, 2021, except for 
paragraphs (A)(2)(d)(vi) and (A)(2)(d)(vii) related to Project 
Emissions Accounting. EPA is also finalizing the incorporation by 
reference of South Carolina's Regulation 61-62.5, Standard No. 7.1--
Nonattainment New Source Review, State effective on November 26, 2021, 
except for paragraphs (A)(8) and (A)(9) related to

[[Page 57360]]

Project Emissions Accounting and the portions of paragraphs (A)(11)(t) 
and (B)(22)(c)(xx) related to the Ethanol Rule Provisions. 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.\10\
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    \10\ See 62 FR 27968 (May 22, 1997).
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V. Final Action

    EPA is approving, with the exceptions noted, the changes to the 
South Carolina Regulation 61-62.5, Standards No. 7--Prevention of 
Significant Deterioration, and Standard No. 7.1--Nonattainment New 
Source Review, both State effective on November 26, 2021. These changes 
were submitted by South Carolina on February 3, 2022.

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 CAA 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); and
     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.
    Because this final rule merely approves State law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by State law, this final rule 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.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    SC DHEC did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Consideration of EJ is 
not required as part of this action, and there is no information in the 
record inconsistent with the stated goal of E.O. 12898 of achieving EJ 
for people of color, low-income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 23, 2023. 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 byreference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 17, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, 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.

[[Page 57361]]

Subpart PP--South Carolina

0
2. In Sec.  52.2120(c), amend the table under the heading ``Regulation 
No. 62.5'' by revising the entries for ``Standard No. 7'' and 
``Standard No. 7.1'' to read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                   Table 1 to Paragraph (c)--EPA-Approved South Carolina Laws and 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. 7.................  Prevention of           11/26/2021  8/23/2023, [Insert  Except for the project
                                  Significant                         citation of         emissions accounting
                                  Deterioration.                      publication].       provisions at
                                                                                          paragraphs
                                                                                          (A)(2)(d)(vi) and
                                                                                          (A)(2)(d)(vii).
Standard No. 7.1...............  Nonattainment New       11/26/2021  8/23/2023, [Insert  Except for the ethanol
                                  Source Review.                      citation of         production facilities
                                                                      publication].       exclusion in
                                                                                          paragraphs (A)(11)(t)
                                                                                          and (B)(22)(c)(xx) and
                                                                                          the project emissions
                                                                                          accounting provisions
                                                                                          at paragraphs (A)(8)
                                                                                          and (A)(9).
 
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[FR Doc. 2023-18120 Filed 8-22-23; 8:45 am]
BILLING CODE 6560-50-P