Rule2021-23350
Air Plan Approval; South Carolina; 2018 General Assembly New Source Review Update
Primary source
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Published
October 28, 2021
Effective
November 29, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing approval of State Implementation Plan (SIP) revisions submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SCDHEC or Department), on April 24, 2020. The SIP revisions update the State's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) regulations. Specifically, the SIP revisions add and update several definitions for consistency with the Federal regulations, update public participation requirements for PSD, clarify the applicability of ``source impact analysis'' for PSD, add an emissions offset banking provision for NNSR, and make administrative updates, such as typographical corrections and renumbering. Finally, the changes incorporate language that addresses the public notice rule provisions for NNSR, which removes the mandatory requirements to provide public notice in a newspaper and instead allows for electronic notice (``e- notice'') as an alternate noticing option for the State. EPA is approving these revisions pursuant to the Clean Air Act (CAA or Act) and implementing Federal regulations.
Full Text
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<title>Federal Register, Volume 86 Issue 206 (Thursday, October 28, 2021)</title>
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[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Rules and Regulations]
[Pages 59646-59648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23350]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0524; FRL-8762-02-R4]
Air Plan Approval; South Carolina; 2018 General Assembly New
Source Review Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of State Implementation Plan (SIP) revisions submitted by the
State of South Carolina, through the South Carolina Department of
Health and Environmental Control (SCDHEC or Department), on April 24,
2020. The SIP revisions update the State's Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NNSR)
regulations. Specifically, the SIP revisions add and update several
definitions for consistency with the Federal regulations, update public
participation requirements for PSD, clarify the applicability of
``source impact analysis'' for PSD, add an emissions offset banking
provision for NNSR, and make administrative updates, such as
typographical corrections and renumbering. Finally, the changes
incorporate language that addresses the public notice rule provisions
for NNSR, which removes the mandatory requirements to provide public
notice in a newspaper and instead allows for electronic notice (``e-
notice'') as an alternate noticing option for the State. EPA is
approving these revisions pursuant to the Clean Air Act (CAA or Act)
and implementing Federal regulations.
DATES: This rule is effective November 29, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0524. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information is not 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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: Andres Febres, 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. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#701615120215035d1d110204191e150a5e111e14021503301500115e171f06"><span class="__cf_email__" data-cfemail="3e585b5c4c5b4d13535f4c4a57505b44105f505a4c5b4d7e5b4e5f10595148">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On April 24, 2020, SDHEC submitted SIP revisions to EPA for
approval that include changes to South Carolina's major source New
Source Review (NSR) permitting regulations to make them more closely
align with Federal requirements for PSD and NNSR permitting; correct
typographical errors; and update internal references, including
renumbering throughout both regulations. Specifically, these changes
update South Carolina Regulation 61-62.5, Standard No. 7--Prevention of
Significant Deterioration and Standard No. 7.1--Nonattainment New
Source Review.\1\ Additionally, the SIP revisions include an update to
the public noticing procedures for South Carolina's NNSR regulations to
address changes promulgated in the Federal rule entitled ``Revisions to
Public Notice Provisions in Clean Air Act Permitting Programs,'' (also
referred to as the e-Notice Rule) that was finalized in 2016. See 81 FR
71613 (October 18, 2016).\2\
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\1\ On April 24, 2020, SDHEC also submitted to EPA SIP revisions
to Regulations 61-62.1, Section I--Definitions; 61-62.1, Section
II--Permit Requirements; 61-62.1, Section III--Emission Inventory
and Emissions Statement; 61-62.1, Section IV--Source Tests; 61-62.1,
Section V--Credible Emissions; 61-62.5, Standard No. 2--Ambient Air
Quality Standards; and 61-62.5, Standard 5.2--Control of Oxides of
Nitrogen (NOX). EPA will address these SIP revisions in separate
actions.
\2\ EPA previously approved e-notice provisions for South
Carolina's PSD program. See 83 FR 64285 (December 14, 2018).
Although the e-notice provisions in the State's NNSR program are
being incorporated into the SIP for the first time, the April 24,
2020, SIP revisions also include updates to the already SIP-approved
e-notice provisions in South Carolina's SIP-approved PSD program.
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On July 29, 2021, EPA published a notice of proposed rulemaking
(NPRM), proposing to approve with some exceptions, the changes
submitted by South Carolina on April 24, 2020. \3\ See 86 FR 40796.
Comments on the NPRM were due by August 30, 2021. EPA received only one
comment on the NPRM, which was in favor of EPA's action. The one
comment received can be found in the docket for this action.
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\3\ For more details on the exemptions to EPA's approval, see
the NPRM for this action.
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II. 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 South
Carolina's Regulation 61-62.5, Standards No. 7--Prevention of
Significant Deterioration, and Standard No. 7.1--Nonattainment New
Source Review, both state effective on April 24, 2020, with the
exception of paragraph (H), and a portion of paragraphs (A)(10)(t), and
(B)(22)(c)(xx), from Regulation 61-62.5, Standard No. 7.1, as discussed
in the NPRM.\4\ EPA has made, and will continue to make, these
materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> 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 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 in
the next update to the SIP compilation.\5\
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\4\ See 86 FR 40796 at 40798.
\5\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
As described in more detail in the NPRM, EPA is approving, with
some exceptions, 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, as submitted by South
Carolina on April 24, 2020.
[[Page 59647]]
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. 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
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.
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 December 27, 2021. 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: October 21, 2021.
John Blevins,
Acting 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. Section 52.2120(c) is amended by revising the entries for ``Standard
No. 7'' and ``Standard No. 7.1'' to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
EPA-Approved South Carolina Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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Standard No. 7................. Prevention of 4/24/2020 10/28/2021, .......................
Significant [Insert citation
Deterioration. of publication].
Standard No. 7.1............... Nonattainment New 4/24/2020 10/28/2021, Except for paragraph
Source Review. [Insert citation (H) and the ethanol
of publication]. production facilities
exclusion in
paragraphs (A)(10)(t)
and (B)(22)(c)(xx).
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[[Page 59648]]
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[FR Doc. 2021-23350 Filed 10-27-21; 8:45 am]
BILLING CODE 6560-50-P
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