Rule2023-18120
Air Plan Approval; South Carolina: New Source Review Updates
Primary source
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Published
August 23, 2023
Effective
September 22, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 162 (Wednesday, August 23, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <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 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,
[[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 <a href="/cdn-cgi/l/email-protection#ffa8969393969e928cb296939a8cd1af9a9e8d939a919abf9a8f9ed1989089"><span class="__cf_email__" data-cfemail="b2e5dbdededbd3dfc1ffdbded7c19ce2d7d3c0ded7dcd7f2d7c2d39cd5ddc4">[email protected]</span></a>.
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 <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 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:
<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); and
<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.
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
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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.
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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
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