Rule2022-21972
Air Plan Approval; South Carolina; Revisions to Startup, Shutdown, and Malfunction Rules
Primary source
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Published
October 13, 2022
Effective
November 14, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 November 4, 2016. This revision was submitted by South Carolina in response to a finding of substantial inadequacy and SIP call published by EPA on June 12, 2015, of provisions in the South Carolina SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is approving the SIP revision and finds that the revision corrects the deficiencies identified in the June 12, 2015, SIP call. EPA is also approving portions of multiple SIP revisions previously submitted by SC DHEC on October 1, 2007, July 18, 2011, August 8, 2014, and August 12, 2015, as they relate to the provisions identified in the June 12, 2015, SIP call.
Full Text
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<title>Federal Register, Volume 87 Issue 197 (Thursday, October 13, 2022)</title>
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[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Rules and Regulations]
[Pages 62034-62037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21972]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R4-OAR-2022-0226; FRL-10161-02-R4]
Air Plan Approval; South Carolina; Revisions to Startup,
Shutdown, and Malfunction Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 November 4, 2016. This revision was
submitted by South Carolina in response to a finding of substantial
inadequacy and SIP call published by EPA on June 12, 2015, of
provisions in the South Carolina SIP related to excess emissions during
startup, shutdown, and malfunction (SSM) events. EPA is approving the
SIP revision and finds that the revision corrects the deficiencies
identified in the June 12, 2015, SIP call. EPA is also approving
portions of multiple SIP revisions previously submitted by SC DHEC on
October 1, 2007, July 18, 2011, August 8, 2014, and August 12, 2015, as
they relate to the provisions identified in the June 12, 2015, SIP
call.
DATES: This rule is effective November 14, 2022.
ADDRESSES: EPA has established a docket for these actions under Docket
Identification No. EPA-R4-OAR-2022-0226. 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 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
[[Page 62035]]
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: Estelle Bae, Air Permits 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. Ms. Bae can be reached by telephone at
(404) 562-9143 or via electronic mail at <a href="/cdn-cgi/l/email-protection#a7c5c6c289c2d4d3c2cbcbc2e7c2d7c689c0c8d1"><span class="__cf_email__" data-cfemail="c0a2a1a5eea5b3b4a5acaca580a5b0a1eea7afb6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On August 23, 2022, EPA proposed to approve portions of multiple
SIP revisions submitted by SC DHEC on October 1, 2007, July 18, 2011,
August 8, 2014, August 12, 2015, and November 17, 2016. See 87 FR
51631. In that notice of proposed rulemaking (NPRM), EPA also proposed
to determine that the SIP revision corrects the deficiencies with
respect to the South Carolina SIP that the Agency identified in the
June 12, 2015, action entitled ``State Implementation Plans: Response
to Petition for Rulemaking; Restatement and Update of EPA's SSM Policy
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls
to Amend Provisions Applying to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction'' (``2015 SSM SIP Action''). See 80
FR 33839 (June 12, 2015). The reasons for the proposed approval and
determination are stated in the August 23, 2022, NPRM (see 87 FR 51631)
and will not be restated here. The public comment period for EPA's
proposed approval and determination ended on September 22, 2022. EPA
received one set of comments in a joint letter submitted by the Sierra
Club and the Environmental Integrity Project (hereinafter collectively
referred to as the commenter) on September 20, 2022. These comments are
available in the docket for these actions.
II. Response to Comments
The commenter provided comments both in support of and adverse to
EPA's proposed actions. EPA will not address the comments that express
support for the proposed actions. Instead, this section of the final
rulemaking notice will focus on the portion of the September 20, 2022,
letter that did not support the proposed actions.
Comment: The commenter states that EPA should disapprove or
conditionally approve the revision to South Carolina's visible
emissions rule at Regulation 61-62.5, Standard No. 1, Section I.C \1\
that adds an exemption for ``natural gas and propane fired units'' from
the requirement that the owner or operator maintain a startup and
shutdown log. The commenter alleges that burning these two fuels has
the potential to emit elevated levels of particulate matter (PM),
sulfur oxides (SO<INF>X</INF>), nitrogen oxides (NO<INF>X</INF>), and
other pollutants that may contribute to opacity during SSM events and
that adequate recordkeeping requirements during startup and shutdown
periods are essential for determining compliance with the Clean Air Act
(CAA or Act). According to the commenter, excluding these fuel-burning
sources from the recordkeeping requirement undermines the applicable
emission limits in the South Carolina SIP and ``frustrates'' federal
CAA enforcement.
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\1\ Section I.C. regulates visible emissions from fuel burning
operations, setting opacity limits from twenty to sixty percent,
depending on the age of the source and whether emissions are caused
by soot blowing.
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Response: EPA disagrees that the Agency should disapprove or
conditionally approve the addition of an exemption from the requirement
to keep logs of startups and shutdowns for fuel burning units that fire
only natural gas and propane in Regulation 61-62.5, Standard No. 1,
Section I.C. The existing SIP-approved text of Section I.C states:
The opacity standards set forth above do not apply during
startup or shutdown. Owners and operators shall, to the extent
practicable, maintain and operate any source including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. In addition,
the owner or operator shall maintain a log of the time, magnitude,
duration and any other pertinent information to determine periods of
startup and shutdown and make available to the Department upon
request.
In the NPRM, EPA proposed to approve two revisions to this text.
The first revision, state-effective in 2016, directly addresses the
2015 SSM SIP Action by removing the first sentence of the paragraph,
which provides an exemption from opacity standards during startup or
shutdown. This change satisfies EPA's June 12, 2015, SIP call for South
Carolina regarding Section I.
The second revision, state-effective in 2011 and 2015,\2\ inserts
the phrase ``of fuel burning sources except natural gas and propane
fired units'' following the word ``operator'' into the third sentence
of the text. The effect of this change was to specify that the
requirement to maintain a startup and shutdown log applies to fuel
burning sources but does not apply to units that fire natural gas or
propane.\3\
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\2\ The July 18, 2011, submittal revised subparagraph C of
Section I, ``Visible Emissions,'' by excluding natural gas fired
units from the requirement to maintain a log to determine periods of
startup and shutdown. The August 12, 2015, submittal further revised
the subparagraph adding propane fired units to the log keeping
exception.
\3\ As noted in the NPRM, EPA included this revision in an
August 16, 2017, direct final rulemaking notice. However, due to the
receipt of an adverse comment, EPA withdrew the direct final rule,
and thus, the revision remained pending. See 82 FR 47640 (October
13, 2017).
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The purpose of the startup and shutdown recordkeeping requirement
in Section I.C was to identify those periods when fuel burning sources
were exempt from opacity standards by requiring sources to log when
startup and shutdown events took place. However, because EPA is
removing that exemption from the SIP through this final rulemaking, the
opacity limits of Regulation 61-62.5, Standard No. 1 now apply at all
times. Consequently, the rule does not differentiate periods of startup
and shutdown from other modes of operation as related to compliance
with the opacity limits, and therefore a requirement to keep startup
and shutdown logs is no longer needed for determining compliance for
any sources, including those that burn fuels other than natural gas or
propane. Nevertheless, the State has not removed the requirement for
operations that burn fuels other than natural gas or propane to
maintain startup and shutdown logs.
Additionally, the revision to Regulation 61-62.5, Standard No. 1,
Section I.C. being approved does not affect any excess emission
recordkeeping or reporting requirements under the SIP. For example,
facilities are generally required to obtain operating permits pursuant
to South Carolina's Regulation 61-62.1, ``Definitions and General
Requirements,'' at Section II, ``Permit Requirements.'' Section II.C.3
of this regulation requires sources that are not required to have
continuous emission monitoring systems (CEMS) to report to the State,
emissions due to equipment
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failures that are greater than those described for normal operation in
the permit application and that last for one hour or more. The initial
report must be made within 24 hours of the beginning of the occurrence
of such emissions and a follow up written report must be made within 30
days. The written report covers, among other things, the magnitude of
the excess emissions, the time and duration of the excess emissions,
and the nature and cause of the excess emissions. For sources that are
required to operate CEMS, Section II.C.4 requires regular ``reports as
specified in applicable parts of'' the State's regulations. Also,
Regulation 61-62.5, Standard No. 1, Section IV, ``Opacity Monitoring
Requirements,'' requires semiannual compliance reporting for sources
required to install and operate continuous opacity monitoring systems
(COMS).\4\ This report would require the disclosure of all instances in
which the opacity provisions of Section I of Standard No. 1 have been
exceeded and include an account of the nature and cause of the excess
visible emissions.
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\4\ Sources that fire only gaseous fuel would be exempt from the
COMS requirements and instead would be subject to the excess
emissions reporting established via permitting at Regulation 61-
62.1, Section II.C.
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The Agency acknowledges the commenter's concern that burning
natural gas and propane emits pollutants that have the potential to
contribute to visible emissions. However, visible emissions concerns
from the burning of natural gas and propane are minor relative to other
available fuels. Firing these two fuels is typically associated with
few monitoring requirements, if any. See, e.g., 40 CFR part 63, subpart
DDDDD, 40 CFR part 60, subpart Da, and 40 CFR part 75. Notwithstanding
this fact, excess emissions are required to be reported in the manner
just described. For the reasons stated above and in the NPRM, EPA is
finalizing its approval of this change to 61-62.5, Standard No. 1,
Section I.C.
III. 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 Section I of this preamble, EPA is
finalizing the incorporation by reference into the South Carolina SIP
of Regulation 61-62.1, Section II.L, ``Emergency Provisions,'' which
regulates permit requirements to document emergencies, State effective
on September 23, 2016; \5\ Regulation 61-62.5, Standard No. 1, Section
I, ``Visible Emissions,'' which regulates visible emissions from fuel
burning operations, State effective on September 23, 2016; and
Regulation 61-62.5, Standard No. 4, Section XI, ``Total Reduced Sulfur
(TRS) Emissions of Kraft Pulp Mills,'' which regulates emissions of
total reduced sulfur at Kraft pulp mills, State effective on September
23, 2016. EPA has made, and will continue to make, these materials
generally available through <a href="https://www.regulations.gov">https://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 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.\6\
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\5\ The remaining portions of Regulation 61-62.1, Section II,
retain the June 24, 2005, State effective date, as currently
approved in the South Carolina SIP under 40 CFR 52.2120(c).
Additionally, although Section II.G of Regulation 61-62.1 retains
the June 24, 2005, State effective date, paragraph G.6 specifically
is being removed from the South Carolina SIP because it is being
recodified as Section II.L of Regulation 61-62.1. These changes are
explained in more detail in Section II.A of the August 23, 2022,
NPRM.
\6\ See 62 FR 27968 (May 22, 1997).
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III. Final Actions
EPA is approving South Carolina's November 4, 2016, SIP submission
with respect to Regulation 61-62.1, Section II.L; Regulation 61-62.5,
Standard No. 1, Section I.C; and Regulation 61-62.5, Standard No. 4,
Section XI.D.4. EPA is also approving portions of the October 1, 2007,
July 18, 2011, August 8, 2014, and August 12, 2015, South Carolina SIP
submissions that seek revisions to these provisions, as specified in
Section II of the July 26, 2022, NPRM. EPA has also determined that
these SIP revisions correct the deficiencies identified in the 2015 SSM
SIP Action and fully satisfy South Carolina's obligations with respect
to the SIP call included in the 2015 SSM SIP Action.
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 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 they meet the criteria of the CAA. Accordingly, these actions
merely approve removal of State law not meeting Federal requirements
and do not impose additional requirements beyond those already imposed
by State law. For that reason, these actions:
<bullet> Are not significant regulatory actions 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> Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
Because these final actions merely approve state law as meeting
Federal requirements and do not impose additional requirements beyond
those imposed by state law, these final actions for the State of South
Carolina do not have Tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). Therefore, these actions
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
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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 these actions 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. These actions are 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 these actions must be filed in the United States Court of Appeals
for the appropriate circuit by December 12, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions 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(s). These actions may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2) of the CAA.
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.
Daniel Blackman,
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
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2. In Sec. 52.2120(c), amend the table by:
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a. Under the undesignated heading ``Regulation No. 62.1,'' revise the
entry for ``Section II''; and
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b. Under the undesignated heading ``Regulation No. 62.5'':
0
i. Under ``Standard No. 1,'' revise the entry for ``Section I''; and
0
ii. Under ``Standard No. 4,'' revise the entry for ``Section XI''.
The revisions 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 EPA approval date Explanation
date
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Regulation No. 62.1........... Definitions and
General
Requirements.
* * * * * * *
Section II.................... Permit Requirements. 6/24/2005 6/2/2008, 73 FR Except for Section
31369. II.L, approved on
October 13, 2022
with a state
effective date of
September 23, 2016.
* * * * * * *
Regulation No. 62.5........... Air Pollution
Control Standards.
Standard No. 1................ Emission from Fuel
Burning Operations.
Section I..................... Visible Emissions... 9/23/2016 10/13/2022, [Insert
citation of
publication].
* * * * * * *
Standard No. 4................ Emissions from
Process Industries.
* * * * * * *
Section XI.................... Total Reduced Sulfur 9/23/2016 10/13/2022, [Insert
Emissions of Kraft citation of
Pulp Mills. publication].
* * * * * * *
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[FR Doc. 2022-21972 Filed 10-12-22; 8:45 am]
BILLING CODE 6560-50-P
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