Proposed Rule2025-00438
Air Plan Partial Approval and Partial Disapproval; South Carolina; Minor Source Permit Program Revisions
Primary source
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Published
January 21, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove changes to South Carolina's State Implementation Plan (SIP) to revise regulations prescribing minor source permit program requirements, including minor new source review (NSR) requirements as submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), on the following dates: October 1, 2007; July 18, 2011; June 17, 2013; August 8, 2014; January 20, 2016; July 27, 2016; and April 24, 2020. This action is being proposed pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 90 Issue 12 (Tuesday, January 21, 2025)</title>
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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 6954-6967]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00438]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0241; FRL-12545-01-R4]
Air Plan Partial Approval and Partial Disapproval; South
Carolina; Minor Source Permit Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially approve and partially disapprove changes to South Carolina's
State Implementation Plan (SIP) to revise regulations prescribing minor
source permit program requirements, including minor new source review
(NSR) requirements as submitted by the State of South Carolina, through
the South Carolina Department of Health and Environmental Control (SC
DHEC), on the following dates: October 1, 2007; July 18, 2011; June 17,
2013; August 8, 2014; January 20, 2016; July 27, 2016; and April 24,
2020. This action is being proposed pursuant to the Clean Air Act (CAA
or Act).
DATES: Comments must be received on or before February 20, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0241 at <a href="http://regulations.gov">regulations.gov</a>. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://regulations.gov">regulations.gov</a>. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Weston Freund, 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) 562-8773. Mr. Freund can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#f99f8b9c8c979dd78e9c8a8d9697b99c8998d79e968f"><span class="__cf_email__" data-cfemail="dcbaaeb9a9b2b8f2abb9afa8b3b29cb9acbdf2bbb3aa">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA proposing?
II. Analysis of the State's Submittals
A. Overview and Analysis of Changes to Regulation 61-62.1,
Section II, Permit Requirements
1. Subsection II(B)--Exemptions From the Requirement To Obtain a
Construction Permit
a. Paragraph II(B)(2)
i. Subparagraph II(B)(2)(b)
ii. Subparagraph II(B)(2)(f)
iii. Subparagraph II(B)(2)(h)
b. Paragraph II(B)(3)
c. Paragraph II(B)(5)
d. Paragraph II(B)(6)
e. Paragraph II(B)(7)
2. Subsection II(C)--Construction Permit Applications
3. Subsection II(D)--General Construction Permits
4. Subsection II(E)--Synthetic Minor Construction Permits
a. Subparagraphs II(E)(4)(a)-(E)(4)(d)
b. Subparagraph II(E)(4)(c)
c. Subparagraph II(E)(4)(e)
d. Subparagraph II(E)(4)(g)
5. Subsection II(F)--Operating Permits
a. Paragraphs II(F)(2) and (F)(3)
b. Paragraph II(F)(5)
6. Subsection II(G)--Conditional Major Operating Permits
a. Subparagraph II(G)(2)(d)
b. Subparagraph II(G)(7)(c)
c. Subparagraph II(G)(7)(g)
7. Subsection II(H)--Operating Permit Renewal Requests
8. Subsection II(I)--Registration Permits
a. Subparagraph II(I)(2)(a)(ii)
b. Subparagraph II(I)(2)(e)
9. Subsection II(K)--Exceptions
10. Subsection II(N)--Public Participation Procedures
III. Incorporation by Reference
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. What action is EPA proposing?
On October 1, 2007; July 18, 2011; June 17, 2013; August 8, 2014;
January 20, 2016; July 27, 2016; \1\ September 5, 2017; April 24, 2020;
and February 4, 2022, SC DHEC \2\ submitted SIP revisions to EPA for
approval that include changes to South Carolina's minor source
permitting regulations to clarify and streamline the State's federally
approved minor preconstruction and minor operating permitting program.
This federally approved program requires stationary sources of air
pollutants planning to construct or modify to first obtain a
construction permit and to obtain and maintain operating permits in
accordance with the South Carolina Code of Regulations Annotated (S.C.
Code Ann. Regs. hereinafter ``Regulation'') 61-62.1, Section II,
[[Page 6955]]
Permit Requirements. CAA section 110(a)(2)(C) provides that SIPs must
include a program to regulate the construction and modification of any
stationary source as necessary to assure that the national ambient air
quality standards (NAAQS) are achieved, and it cites to more detailed
CAA permitting requirements that pertain to the construction of major
sources of air pollution. These CAA requirements for regulating the
construction and modification of stationary sources, known collectively
as the New Source Review (NSR) program, consists of the following three
programs: (1) Prevention of significant deterioration (PSD) for major
stationary sources and major modifications in attainment and
unclassifiable areas; (2) nonattainment new source review (NNSR) for
major stationary sources and major modifications locating in or
impacting nonattainment areas, and (3) minor NSR, which applies
generally to attainment, unclassifiable, and nonattainment areas for
new sources and modifications that fall below the major NSR thresholds.
Federal regulations setting forth these NSR programs are prescribed at
40 CFR part 51, subpart I, Review of New Sources and Modifications, and
Appendix S to part 51, Emission Offset Interpretive Ruling.
Specifically, 40 CFR 51.165 generally details components of the NNSR
program in conjunction with Appendix S to part 51. Next, 40 CFR 51.166
prescribes minimum requirements for SIP-approved PSD programs. The
regulations at 40 CFR 51.160-164 are generally applicable to all NSR
programs, but because of the more specific implementing regulations for
the NNSR and PSD programs at 40 CFR 51.165 and 51.166, and 40 CFR
51.160-164 serve primarily as the basis for EPA's evaluation of minor
NSR programs. Accordingly, in this proposed action, EPA is evaluating
submitted changes to South Carolina's existing SIP-approved minor NSR
program against the generally applicable Federal NSR rules and is
proposing to approve in part, and disapprove in part, these revisions.
EPA is also evaluating changes to provisions for obtaining minor source
operating permits, which are already approved into the South Carolina
SIP. These regulations include provisions for federally enforceable
State operating permits (FESOPs), which include limits on potential to
emit (PTE) to enable a source or modification to qualify as minor and
avoid major NSR applicability (PSD and NNSR programs) as well as title
V major source status.
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\1\ EPA notes that while the July 27, 2016, submittal was signed
and dated by SC DHEC on July 25, 2016, it was received via EPA's
SPeCS for SIPs system on July 27, 2016.
\2\ On July 1, 2024, SC DHEC was restructured into a health
agency, the Department of Public Health, and an environmental
agency, the Department of Environmental Services (DES). In a letter
dated June 20, 2024, South Carolina represented to EPA that all the
functions, powers, and duties of the environmental divisions,
offices, and programs of DHEC, including the authority to administer
and enforce State implementation plans, are retained and continued
in full force and effect under DES. This letter is in the docket for
this proposed rulemaking. Throughout this proposal, the terms,
``Department'', ``South Carolina Department of Health and
Environmental Services'', ``SCDHEC'', ``South Carolina Department of
Environmental Services'', and ``SCDES'' are all interchangeable.
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Through a notice of proposed rulemaking (NPRM) published on August
17, 2017 (82 FR 39083), EPA proposed to approve changes to the October
1, 2007; July 18, 2011; June 17, 2013; August 8, 2014; January 20,
2016; and July 25, 2016 SIP submissions. A comprehensive discussion of
EPA's analysis and rationale for those proposed changes to the South
Carolina SIP is described in the August 17, 2017 NPRM. Comments on the
August 17, 2017 NPRM were due on or before September 18, 2017. Adverse
comments were received on the proposed changes to Regulation 61-62.1,
subparagraph II(B)(2)(h); Regulation 61-62.1, paragraph II(B)(3);
Regulation 61-62.1, paragraph II(B)(5); Regulation 61-62.1, paragraph
II(B)(6); Regulation 61-62.1, subsection II(D); Regulation 61-62.1,
paragraph II(E)(4); Regulation 61-62.1, Section II(I); Regulation 61-
62.1, subsection II(K); Regulation 61-62.1, paragraph II(N)(1); and
Regulation 61-62.1, paragraph II(N)(6). The comments are available in
the docket for this proposed action. EPA did not finalize action on the
August 2017 NPRM. Comments on that action have persuaded EPA to
reconsider some elements of the SIP submissions described above. EPA is
now proposing to disapprove several provisions that received adverse
comment. In addition, EPA is proposing to disapprove several provisions
that did not receive adverse comment, and is re-proposing approval of
several provisions that received adverse comment in the 2017 NPRM. EPA
is not reconsidering or seeking additional comment on certain
provisions found in the 2017 NPRM that did not receive comments.\3\ In
this proposed action, EPA is also proposing to act on the SIP revisions
requested by South Carolina since the 2017 NPRM in its submittals from
September 5, 2017; April 24, 2020; and February 4, 2022.
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\3\ EPA proposed to approve and did not receive comments on
changes in the 2017 NPRM to the following: 61-62.1, subsection II.A;
61-62.1, paragraphs II(B)(1) and II(B)(4); 61-62.1, subsection
II(C); 61-62.1, paragraphs II(E)(1), II(E)(2), II(E)(3), and
II(E)(5); 61-62.1 subsection II(F); 61-62.1, subsection II(J); 61-
62.1, subsection II(M); 61-62.1, paragraph II(N)(5); and 61-62.1,
subsection II(O). For more information on these proposed changes,
see 82 FR 39083 (August 17, 2017). However, in this document, EPA is
now proposing to disapprove Regulation 61-62.1, subsection II(E) in
its entirety and subsection II(F) in its entirety, as discussed in
Sections II.A.4 and II.A.5 of this NPRM.
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II. Analysis of the State's Submittals
A. Overview and Analysis of Changes to Regulation 61-62.1, Section II,
Permit Requirements
Section 110(a)(2)(C) of the CAA requires that SIPs include a
program to regulate the construction and modification of stationary
sources as necessary to ensure that the NAAQS are maintained. Federal
regulations at 40 CFR 51.160(e) require that such a State program
identify the types and sizes of sources subject to review and the basis
for determining which sources are subject. Additionally, CAA section
110(l) provides that EPA shall not approve a revision to a plan if the
revision would interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in CAA section
171), or any other applicable requirement of the CAA.
South Carolina has a SIP-approved minor source permitting program
that includes minor NSR permitting at Regulation 61-62.1, Section II,
Permit Requirements. These regulations require stationary sources that
are planning to construct, alter, or add to a source of air pollutants
to first obtain a preconstruction permit from the permitting agency and
to request an operating permit upon placing the new or altered source
into operation. These stationary sources include different types of
minor sources. The program covers ``true minor'' sources, which have
the potential to emit (PTE) certain pollutants below major NSR
thresholds for new sources and modifications. The SIP-approved minor
source permitting program also includes provisions for issuing permits
that establish federally enforceable emissions limits to restrict the
PTE of certain pollutants below major stationary source and major
modification applicability thresholds: ``synthetic minor'' permits
establish these enforceable emision limits for sources obtaining
construction permits, and ``conditional major'' permits establish these
emission limits in the corresponding operating permits. South Carolina
initially revised its minor source permitting program rules in the
October 1, 2007 submittal to clarify and streamline requirements for
obtaining minor source construction and operating permits. Subsequent
submittals make other changes, which are discussed for each subsection
of the regulation, below.
EPA has reviewed the proposed changes to the minor source
construction and operating permitting regulations and is proposing to
approve in part and disapprove in part for the reasons discussed below.
1. Subsection II(B)--Exemptions From the Requirement To Obtain a
Construction Permit
Regulation 61-62.1, Section II(B)--Exemptions from the Requirement
to
[[Page 6956]]
Obtain a Construction Permit specifies which types of minor sources are
exempt from obtaining minor source construction permits. The October 1,
2007 submittal makes several changes to subsection II(B), including
renumbering subsection II(F) \4\ to subsection II(B) and modifying the
title to clarify that the paragraph applies only to construction
permits. Additional changes are made to subsection II(B) in the
submittals from July 18, 2011; June 17, 2013; August 8, 2014; and April
24, 2020, and are described below.
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\4\ Additional changes to the revised subsection II(F) are
discussed later in this document.
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One universal change to subsection II(B) from the April 24, 2020
submittal is administrative in nature by placing the alphanumeric
provision dividers in parentheses. The submittal also makes other non-
substantive and ministerial changes. EPA is proposing to approve these
editorial and minor changes as they are consistent with CAA section
110.
a. Paragraph II(B)(2)
The October 1, 2007 submittal revises paragraph II(B)(2) by
clarifying that the permits described are ``construction'' permits. It
also specifies that stationary sources exempt from the construction
permit requirements are listed in subparagraphs II(B)(2)(a) through
(h). Additionally, the 2007 submittal adds a statement that a source's
exemption status may change (and thus require a permit) upon the
promulgation of new regulatory requirements. EPA has reviewed these
ministerial changes and preliminarily found them to be consistent with
CAA section 110. Therefore, EPA is proposing to approve these changes
to South Carolina's SIP at Regulation 61-62.1, subsection II(B).
i. Subparagraph II(B)(2)(b)
In the October 1, 2007 submittal, a new subparagraph in Section
II--(B)(2)(b)--adds an exemption to the requirement to obtain a
construction permit for boilers and space heaters of less than 10
million British thermal units per hour (MMBtu/hr) rated input capacity
that burn only virgin gas fuels. South Carolina has determined that
these small boilers and space heaters do not require permits because
they are not likely to have significant air quality impacts and permits
for these units would be unlikely to set forth unique requirements.
Units of this size would be generally consistent with other pollutant-
rate based exemptions of 1 lb/hr for particulate matter (PM) that are
approved in the current SIP at paragraph II(F)(2) and that the State
also put forward for additional pollutants at subparagraph II(B)(2)(h)
in the October 1, 2007, submittal, which is discussed below. EPA
similarly does not prescribe specific requirements for boilers smaller
than this threshold. See 40 CFR 60.40c(a).
EPA has reviewed this new exemption and supports the State's
determination to exempt auxiliary boilers and space heaters of less
than 10 MMBtu/hr rated input capacity that burn only virgin gas fuels
because they are not expected to interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable CAA requirement. Therefore, EPA is proposing to
approve subparagraph II(B)(2)(b) into the SIP pursuant to the CAA.
By inserting the new subparagraph (b) under subparagraph (B)(2),
the subparagraphs below are relettered, such that the old subparagraph
(b) becomes the new subparagraph (c), and so forth. EPA is also
proposing to approve this minor change.
ii. Subparagraph II(B)(2)(f)
The October 1, 2007 submittal revises subparagraph II(B)(2)(f) to
expand the exemption from construction permitting requirements for
certain emergency power generators. The current SIP-approved regulation
provides an exemption from construction permits for emergency power
generators of ``less than'' 150 kilowatt (KW) rated capacity, as well
as larger emergency power generators that operate 250 hours per year or
less and have a method to record the actual hour of use, such as an
hour meter. The revision provides an exemption for emergency power
generators of ``less than or equal to'' 150 KW rated capacity, as well
as generators that are designated for emergency use only and operate
500 hours or less per year for testing and maintenance and have a
method to record the actual hours of use, such as an hour meter.
South Carolina's December 30, 2016 letter explains that the State
considered CAA section 110(l), and asserts that the State expects no
increase in actual emissions as a result of raising this exemption
threshold for emergency power generators.\5\ South Carolina further
explains that the 500 hours per year threshold is commonly used to
determine the PTE for title V and other major NSR applicability
determinations, consistent with an EPA guidance memorandum.\6\ These
sources are still restricted to emergency conditions, meaning that
other types of non-emergency activities--such as peak shaving \7\--
would not qualify for the exemption under subparagraph II(B)(2)(f).
Additionally, the State points to applicable Federal requirements for
emergency generators at 40 CFR part 63 at subpart ZZZZ and 40 CFR part
60 at subparts IIII and JJJJ that restrict non-emergency use of these
sources to 100 hours per year.
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\5\ This letter is included in the docket for this proposed
action.
\6\ Seitz, John S, ``Calculating Potential to Emit (PTE) for
Emergency Generators.'' Memorandum to Program Directors in EPA
Regional Offices, Office of Air Quality Planning and Standards,
Research Triangle Park, NC (Sept. 6, 1995).
\7\ Peak shaving is the practice of reducing a facility's
consumption of utility-provided power by instead using limited
onsite power during periods of high energy demand.
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Subsequently, South Carolina submitted a letter dated March 23,
2020, more specifically addressing equivalent changes to Regulation 61-
62.1, Standard No. 5.2, Control of Oxides of Nitrogen (NOX), to provide
further clarifying information.\8\ In this letter, the State notes that
no Federal standards were in place for these emergency engines at the
time they were developing the original Standard No. 5.2 in the 2004
timeframe. In fact, the exemption in place in 61-62.1, Section II had
been in place over a decade before.\9\ The March 23, 2020 letter
explains that South Carolina had polled owners and operators in the
past about typical usage for testing and maintenance for these
emergency generators, and the State developed the 250-hour per year
threshold as a result. The State explains that the 250-hour per year
threshold was never intended to limit actual emergency use of the
generators but was meant to serve as a general exemption for a
reasonable amount of non-emergency use. This is also a critical change
to include in the SIP so that the Regulation is clear as to how the
State applies it and emergency generators are not limited in their
emergency use. Since that time, EPA promulgated 40 CFR part 63, subpart
ZZZZ, which South Carolina confirms in its letter applies to all such
emergency engines in the State. The exemption in subparagraph
II(B)(2)(f) also clearly only applies to generators designated for
emergency use. Consequently, all non-emergency use for these emergency
generators is
[[Page 6957]]
restricted to 100 hours per year as per the Federal regulation,
including for testing and maintenance. The change to provide that
exemptions from permitting requirements extend to 500 hours of testing
and maintenance would have no practical effect on the universe of
exempt sources, as detailed above, since all such units are subject to
the 40 CFR part 63, subpart ZZZZ. Therefore, this change to
subparagraph II(B)(2)(f) will not result in any actual increase in
emissions, and therefore, will not interfere with any applicable
requirement regarding attainment or reasonable further progress. The
State also has the discretion to define the scope of its minor NSR
program pursuant to 40 CFR 51.160(e) and has previously determined that
these units (with the specified size and hourly operation restrictions)
do not need to undergo unique case-by-case permit reviews. Therefore,
EPA is proposing to approve these changes to Regulation 61-62.1,
subparagraph II(B)(2)(f) into the SIP pursuant to the CAA.
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\8\ This letter is included in the docket for this proposed
action. South Carolina submitted SIP revisions with changes to the
NO<INF>X</INF> control rules at Regulation 61-62.5, Standard No.
5.2, Control of Oxides of Nitrogen (NOX), dated October 1, 2007;
July 25, 2016; September 5, 2017; and February 4, 2022. EPA will
address these revisions in a future rulemaking.
\9\ See 60 FR 63434 (December 11, 1995).
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iii. Subparagraph II(B)(2)(h)
The October 1, 2007 submittal also makes changes to subparagraph
II(B)(2)(h), formerly subparagraph II(F)(2)(g), by expanding the
available exemption from a construction permit to sources with a total
uncontrolled emissions rate of less than 1 pound per hour (lb/hr) each
of sulfur dioxide, nitrogen oxides (NO<INF>X</INF>), and carbon
monoxide. These exemptions expand on the current, SIP-approved
exemptions that apply to sources with an uncontrolled PM emission rate
of less than 1 lb/hr and/or uncontrolled volatile organic compounds
(VOCs) emission rate of less than 1,000 lbs/month. The July 18, 2011
submittal adds language to require that emissions calculations or other
information necessary to demonstrate that a source qualifies for the
exemption must be kept on site and provided to the State upon request.
Next, the August 8, 2014 submittal revises the emissions exemption
threshold in subparagraph II(B)(2)(h) in two ways. First, it revises
total uncontrolled PTE from 1 lb/hr to 5 ton per year (tpy). Second, it
adds language stating that sources with a PTE higher than the 5 tpy
applicability threshold may be exempted from the requirement to obtain
a construction permit under this subparagraph if the sources
demonstrate that they are not subject to any State or Federal limits or
requirements. The State provided EPA with a December 30, 2016 letter,
addressing the second revision, asserting that it is primarily intended
to apply to sources with PTE only slightly above the 5 tpy threshold.
The State further asserts that the rule contains a safeguard that
sources subject to any applicable regulation, such as Federal
requirements, cannot be exempt from obtaining construction permits via
this case-by-case process. The letter then steps through an example of
the process that small sources of VOC emissions would undergo,
including an assessment of any potentially applicable requirements
related to NAAQS, toxics, or hazardous air pollutants; consideration of
the PTE relative to major NSR thresholds; and any other special
considerations. South Carolina contends that it determines the
applicability of construction permits for these sources under close
scrutiny, on a case-by-case basis. However, the language in this
provision from the August 8, 2014 submittal does not prescribe any
upper bound on emissions for the case-by-case exemptions from minor NSR
permitting, nor does it provide adequate justification for those higher
thresholds being exempt from a case-by-case permitting process, and the
safeguard therefore cannot cover the universe of possibly exempt
sources.
SIPs must contain a minor NSR program with enforceable procedures
enabling the State to determine whether the construction or
modification of a source will, among other things, interfere with
attainment or maintenance of the NAAQS. See CAA section 110(a)(2)(C);
40 CFR 51.160(a). These procedures must identify the types and sizes of
the sources subject to review, and the SIP must discuss the basis for
determining which facilities will be subject to review. See 40 CFR
51.160(e). Furthermore, CAA section 110(l) prohibits EPA from approving
a SIP revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress toward
attainment, or any other applicable requirement. The language
introduced in the August 8, 2014 submittal at subparagraph II(B)(2)(h)
appears to be inconsistent with CAA section 110(a)(2)(C), 40 CFR
51.160, and CAA section 110(l) because it would allow the State to
exempt sources without determining whether the sources would interfere
with the NAAQS, and it does not adequately identify the types and sizes
of sources subject to preconstruction review and the basis for
determining which sources are subject to review. Because of these
concerns, and because EPA cannot evaluate potential NAAQS impacts that
may occur from undefined future exemptions from these SIP requirements,
EPA is proposing to disapprove changes to subparagraph II(B)(2)(h) from
the August 8, 2014 submittal. EPA is also proposing to disapprove the
changes to subparagraph II(B)(2)(h) that were requested in the October
1, 2007 submittal because those changes were superseded by the changes
in the August 8, 2014 submittal and are no longer state-effective.
The July 18, 2011 submittal makes a distinct change to the rule,
which is found in the current, state-effective regulation. The revision
adds the sentence ``Emissions calculations and any other information
necessary to document qualification for this exemption must be
maintained onsite and provided to the Department upon request.'' This
revision adds an administrative requirement to show compliance.
However, because the change is so closely linked to the changes in the
October 1, 2007, and August 8, 2014 submittals, EPA is proposing to
disapprove this change as well.\10\
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\10\ If EPA finalizes disapproval of the changes to subsection
II(B) at subparagraph II(B)(2)(h), subparagraph II(F)(2)(g),
effective June 24, 2005, would remain in the SIP.
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b. Paragraph II(B)(3)
In its October 1, 2007 submittal, South Carolina requested to add
paragraph (B)(3) to Section II in its SIP. The new paragraph requires
the State to maintain a list of sources exempted under subparagraphs
II(B)(2)(a) through II(B)(2)(g) on a list of sources to be exempted
without further review, along with any other sources determined to have
total uncontrolled emissions less than the thresholds in subparagraph
II(B)(2)(h). The list of sources that are exempt without further review
from the requirement to obtain a construction permit will be maintained
by the Department and periodically published in the South Carolina
State Register for use by the public and regulated community.
The July 18, 2011 submission revises language in paragraph II(B)(3)
to clarify that source types which are added to the list of exempted
sources will be determined not to interfere with the attainment or
maintenance of any State or Federal standard, replacing the requirement
for the list to include sources that have total uncontrolled emissions
less than the thresholds in subparagraph II(B)(2)(h). Lastly, the
August 8, 2014 submittal includes the addition of language to paragraph
II(B)(3) asserting that the State may develop emission thresholds for
exemptions that are determined not to
[[Page 6958]]
interfere with attainment or maintenance of State or Federal standards
to include in the list maintained pursuant to this subparagraph, and
that South Carolina could be petitioned to consider adding additional
sources to this list.
While EPA notes that South Carolina has inherent flexibility to
determine which types and sizes of sources need to undergo
preconstruction review and permitting in the State pursuant to 40 CFR
51.160(e), the language introduced in the August 8, 2014 submittal at
paragraph II(B)(3) provides the State with the ability to modify the
universe of sources subject to the minor NSR program without further
regulatory changes and without any basis for determining which
facilities will be subject to review. These changes are inconsistent
with CAA section 110(a)(2)(C) and 40 CFR 51.160(e) because they do not
identify the types and sizes of sources subject to preconstruction
review and the basis for determining which sources are subject to
review. Furthermore, paragraph II(B)(3) as revised through the August
8, 2014 submittal, is inconsistent with CAA section 110(l), which
provides that EPA shall not approve a SIP revision that would interfere
with any requirements concerning attainment and reasonable further
progress, or any other applicable CAA requirement because EPA cannot
evaluate potential future exemptions from these SIP requirements.
Therefore, due to these reasons, as well as the enforceability issues
described in the above Section II(A)(1)(a)(iii), EPA is proposing to
disapprove paragraph II(B)(3).
c. Paragraph II(B)(5)
Paragraph II(B)(5) is a new provision that was added in the August
8, 2014 submittal. The version of paragraph (B)(5) that is in the
current SIP is moved to paragraph (B)(6) and is explained below.
Paragraph (B)(5), as introduced in the August 8, 2014 submittal, states
that sources of VOCs greater than 1,000 lb/month (i.e., the emission
threshold listed in subparagraph (B)(2)(h)) may be exempted from the
requirement to obtain a construction permit on a case-by-case basis,
and that exempt sources may later be required to be included in
subsequent construction or operating permits.
Similar to the revised subparagraph (B)(2)(h), the State could
grant or deny exemptions from the requirement to obtain a construction
permit on a case-by-case basis above SIP-specified thresholds with no
upper bound other than the major stationary source or major
modification threshold. While EPA notes that the State has inherent
flexibility to determine which types and sizes of sources need to
undergo preconstruction review and permitting in the State, the
language introduced in the August 8, 2014 submittal at paragraph
II(B)(5) provides the State with the ability to modify the universe of
sources subject to the minor NSR program without further regulatory
changes. These changes are inconsistent with CAA section 110(a)(2)(C)
and 40 CFR 51.160(e) because they do not identify the types and sizes
of sources subject to preconstruction review and the basis for
determining which sources are subject to review. Furthermore, paragraph
II(B)(5) as introduced in the August 8, 2014 submittal, is inconsistent
with CAA section 110(l), which provides that EPA shall not approve a
SIP revision that would interfere with any requirements concerning
attainment and reasonable further progress, or any other applicable CAA
requirement because EPA cannot evaluate potential future exemptions
from these SIP requirements. Therefore, EPA is proposing to disapprove
paragraph II(B)(5).
d. Paragraph II(B)(6)
Paragraph II(B)(6) was added in the October 1, 2007 submittal as
paragraph (B)(5). When the new paragraph (B)(5) was introduced in the
August 8, 2014 submittal, the paragraph was moved to (B)(6). This
paragraph requires that any new sources similar to those already on the
exempted source list established by paragraph II(B)(3), or sources with
modifications to existing equipment,\11\ must include the following
information in their request for exemption: (1) A complete description
of the existing equipment and proposed modification; (2) the
pollutant(s) being emitted and any deviation from the parameters
provided in earlier permit applications, permit exemptions, and issued
permits; (3) any ambient air quality demonstrations needed for
Regulation 61-62.5, Standards No. 2, Ambient Air Quality Standards, No.
7, Prevention of Significant Deterioration, and No. 8, Toxic Air
Pollutants; and (4) a regulatory review to demonstrate the project is
not a CAA title I modification, nor is subject to Regulation 61-62.5,
Standards No. 7, Prevention of Significant Deterioration, and 7.1,
Nonattainment New Source Review (NSR). EPA is proposing to disapprove
paragraph II(B)(6) because it functions only in conjunction with
subparagraph II(B)(2)(h) and paragraph II(B)(3), which the Agency is
also proposing to disapprove for the aforementioned reasons.
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\11\ Modifications to existing equipment include the
reconstruction, relocation, and replacement of existing equipment,
which may qualify for exemption pursuant to subparagraph II(B)(2)(h)
and paragraph II(B)(4).
---------------------------------------------------------------------------
e. Paragraph II(B)(7)
Paragraph II(B)(7) was added in the October 1, 2007 submittal as
paragraph (B)(6). When the new paragraph (B)(5) was introduced in the
August 8, 2014 submittal, the paragraph was moved to (B)(7). It states
that the construction permitting exemptions in subsection II(B) do not
relieve the owner or operator of any source from any obligation to
comply with any other applicable requirements. This clarifying
statement simply notes that exemption from the requirement to obtain a
construction permit under Regulation 61-62.1, Section II does not
result in an exemption from any other applicable requirements, such as
Federal standards or other requirements under the SIP.
Subsection II(B) was revised in the July 18, 2011 submittal with a
two-sentence addition that states that South Carolina reserves the
right to require a construction permit and the need for permit(s) will
be made by South Carolina on a case-by-case basis, and that the
determination will take into consideration, but will not be limited to,
the nature and amount of the pollutants, location, proximity to
residences and commercial establishments, and other factors. This
statement clarifies that, while subsection II(B) generally provides for
a list of sources and projects that are exempt from minor NSR and the
need to obtain a permit, the State may indeed require a permit. In the
July 18, 2011 submittal, the State notes that this provision is
intended to allow for requiring a permit in cases ``where other avenues
of compliance are ineffective.'' A minor formatting change was also
made in the 2014 submittal. Because this provision is clarifying in
nature, further describing how the State intends to make use of the
exemptions paragraph, and because the provision is consistent with the
CAA, EPA is proposing to approve the addition of paragraph II(B)(7) to
South Carolina's SIP and the changes to that paragraph discussed above.
2. Subsection II(C)--Construction Permit Applications
Subsection II(C), Construction Permit Applications, specifies the
requirements for sources applying for and obtaining construction
permits. The changes made to subsection II(C) in the submittals from
October 1, 2007; June 17, 2013; January 20, 2016; and July 25, 2016,
were explained and proposed for
[[Page 6959]]
approval in the NPRM published on August 17, 2017. See 82 FR 39083. No
comments were received on these changes, and EPA is not seeking
additional comments here.
The April 24, 2020 submittal adds subparagraph II(C)(2)(d), which
provides an exemption from professional engineering review for package-
type concrete batch plants that are designed to be hauled to a site,
set up, and broken down quickly, with little to no additional equipment
needed to manufacture product. The submittal also makes administrative
edits to Regulation 61-62.1, subsection II(C) by placing the
alphanumeric paragraph titles in parentheses and making minor
restructuring edits.
EPA has reviewed the changes made to Regulation 61-62.1, subsection
II(C) in the April 24, 2020, submittal and found them to be consistent
with CAA sections 110(a)(2)(C) and 110(l). Therefore, EPA is proposing
to approve the addition of subparagraph II(C)(2)(d) to South Carolina's
SIP.
3. Subsection II(D)--General Construction Permits
In the October 1, 2007 submittal, subsection II(D), Exceptions, is
moved to subsection II(K) and is discussed subsequently in this
document. A new section, General Construction Permits, is added in its
place. The new subsection II(D) allows the State to develop and issue
general construction permits applicable to similar types of sources for
new construction projects or minor modifications to existing stationary
sources. Subsection II(D) provides for the following: (1) General
permits shall incorporate all applicable requirements for construction
of similar sources and identify the criteria by which sources can
qualify for the permit; (2) sources may submit applications to the
State that request coverage under the general permit, and the State
shall grant coverage to sources certifying qualification for and
agreeing to the conditions and terms of the general construction permit
for similar sources; sources later determined not to qualify for the
general permit are subject to enforcement; (3) approval to operate
under a permit is a final permit action for the purposes of judicial
review; (4) the application for coverage may deviate from the
provisions of subsection II(C) if enough information is included to
determine the source's qualification for, and compliance with, the
general permit; and (5) sources qualifying for coverage under general
construction permits are able to apply for individual construction
permits in lieu of coverage under the general permit.
The August 8, 2014 submittal makes minor restructuring edits to
this section. It also adds a new paragraph (2), which states that
general construction permits shall incorporate all requirements
applicable to the construction of similar sources and shall identify
criteria by which sources may qualify for coverage under a general
construction permit. Additionally, the August 8, 2014 submittal
restructures paragraphs (3) and (4) to move the last sentence of
paragraph (3) to its own paragraph (4).
The April 24, 2020 submittal, in addition to minor reformatting
revisions, creates two subparagraphs--(3)(a) and (3)(b)--under the
title ``Coverage under a General Construction Permit.'' Subparagraph
(a) was the entirety of paragraph (3) in the October 1, 2007 submittal.
Subparagraph (b) is new language, stating that a source that has
submitted an individual construction permit application to the State
and has not requested coverage under the conditions and terms of a
general construction permit for similar sources--but which is
determined to qualify for coverage under a general construction
permit--may be granted coverage under the general construction permit
at the sole discretion of the State.
While general permits can be an effective method of streamlining
permitting requirements and procedures, any general permits developed
pursuant to a SIP-approved minor NSR program must meet the Federal
minimum requirements. Section II(D), as added in the October 1, 2007
submittal and modified through the April 24, 2020 submittal, does not
require any form of public notice and comment prior to the State
issuing a general construction permit. While EPA regulations for minor
NSR SIPs at 40 CFR 51.160-164 do not use the term general permit or
expressly describe general construction permits, EPA interprets the
relevant statutory and regulatory provisions to allow State agencies to
develop mechanisms such as South Carolina's general construction
permits to authorize construction for new minor sources and minor
modifications of existing sources, provided that these mechanisms
assure that the NAAQS are achieved and meet other applicable regulatory
requirements. The rules require ``legally enforceable procedures'' that
meet the requirements set forth therein and do not specify that a
program to regulate construction must require an individual
construction permit for every source. However, the requirements in
Federal regulations include a provision that sources (projects) that
are subject to the minor NSR program are subject to the public notice
procedures in 40 CFR 51.161. 40 CFR 51.161 provides that the legally
enforceable procedures in 40 CFR 51.160 must require that the SIP
provide for public notice of the information submitted to the State,
the State's analysis of the effects of the construction or modification
of the project, and the State's proposed decision. In other words, the
universe of sources subject to minor NSR procedures pursuant to 40 CFR
51.160, including individual permits and other permitting mechanisms
such as general construction permits, would also be subject to public
notice procedures in 40 CFR 51.161 prior to issuing the permit.
Importantly, in the case of a general permit, once a general permit has
met the public notice procedures in 40 CFR 51.161 and is issued in
final form, approvals for coverage of individual sources under the
general permit are not required to meet the public notice procedures in
40 CFR 51.161 because the issuance of the general permit has already
met the requirement. Since South Carolina's general minor construction
permits do not follow the public notice procedures in 40 CFR 51.161
when they are initially issued, EPA is proposing to disapprove
subsection II(D).
4. Subsection II(E)--Synthetic Minor Construction Permits
Subsection II(E), Synthetic Minor Construction Permits, describes
provisions for synthetic minor construction permits for any stationary
source requesting federally enforceable permit limits to limit a
source's PTE so the source does not qualify as a major source (thus
becoming a minor source ``synthetically''). The October 1, 2007
submittal moves the current subsection II(E), Transfer of Ownership/
Operation, to subsection II(M). The Synthetic Minor Construction
Permits Plant provisions, currently at subsection II(H), are moved in
its place and the title is changed to ``Synthetic Minor Construction
Permits.'' In contrast to the General Construction Permits provisions
under subsection II(D), the State rules require an opportunity for
public notice and comment on Synthetic Minor Construction Permits under
subsection II(E). However, these public participation requirements now
refer to and depend on subsection II(N), Public Participation
Procedures, which was modified from paragraph II(G)(5) in the October
1, 2007 submittal.\12\ For the
[[Page 6960]]
reasons explained in Section II.A.10. of this preamble, EPA is
proposing to disapprove subsection II(N). Because EPA is proposing to
disapprove the changes to move paragraph II(G)(5) to subsection II(N),
the updated subsection II(E) would not have a functional cross-
reference to those public notice procedures which would therefore have
the effect of removing the current requirements for public notice from
the synthetic minor construction permits subsection. EPA is therefore
proposing to disapprove the entirety of subsection II(E). Specifically,
EPA is proposing to disapprove the renumbering of subsection II(H) to
subsection II(E) and other changes transmitted in the October 1, 2007,
August 8, 2014, July 27, 2016, and April 24, 2020 submittals. The
revisions made to subsection II(E) in the submittals from October 1,
2007, August 8, 2014, and July 27, 2016, were explained and proposed
for approval in the NPRM published on August 17, 2017. See 82 FR 39083.
No comments were received on revisions made to paragraphs (E)(1),
(E)(2), (E)(3), and (E)(5), and these changes are not further explained
here as their proposed disapproval is based solely on the lack of a
public notice component. If EPA takes final action on subsection II(E)
as proposed, the existing synthetic minor construction permitting
portion of the minor NSR program at subsection II(H) in the SIP, State
effective June 24, 2005, would continue to function. Other revisions to
subsection II(E) which did receive comment or were submitted subsequent
to the 2017 NPRM are explained below.
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\12\ The SIP-approved version of subsection II(H), Synthetic
Minor Plant Permits, requires public participation via a cross-
reference to paragraph II(G)(5).
---------------------------------------------------------------------------
a. Subparagraphs II(E)(4)(a)-(E)(4)(d)
Paragraph II(E)(4) was revised in the October 1, 2007 submittal
first by being renumbered from II(H)(3) and being retitled from
``General Permits'' to ``General Synthetic Minor Construction Permits''
to reflect that the specific mechanism under subsection II(E) for
establishing general construction permits is to establish general
synthetic minor construction permits, which also helps distinguish this
from the types of general permits the State intends to create for true
minor sources pursuant to new Section II(D). The April 24, 2020
submittal makes administrative and clarifying edits throughout
paragraph II(E)(4).
The provision is further revised to update the cross-reference from
paragraph II(G)(5) to subsection II(N), which prescribes the required
public notice procedures that South Carolina will follow prior to
establishing a general synthetic minor construction permit and is
further explained in Section II.A.10. of this document. The 2007
revision also adds that sources may submit an application to the State
requesting coverage under the conditions and terms of a general
synthetic minor construction permit for similar sources, and the State
shall grant coverage to sources certifying qualification for and
agreeing to the conditions and terms of the general synthetic minor
construction permit for similar sources. Subsequently, the August 8,
2014 submittal makes formatting changes to subparagraph (E)(4)(a) by
breaking into four subparagraphs--(E)(4)(a) through (d)--without
changing the wording of the rules. After the changes, subparagraphs
(E)(4)(a)-(d) would allow the State to issue a general synthetic minor
construction permit applicable to similar sources after providing
notice and opportunity for public participation under subsection II(N).
EPA has reviewed these changes made to Regulation 61-62.1,
subparagraph II(E)(4)(a) and they appear to be consistent with CAA
sections 110(a)(2)(C) and 110(l). However, due to the proposed
disapproval of subsection II(N) as described below, the revised
subsection II(E) lacks the public participation component required
under 40 CFR 51.161. Therefore, EPA is proposing to disapprove the
changes to South Carolina's SIP at Regulation 61-62.1, subparagraph
II(E)(4)(a).
b. Subparagraph II(E)(4)(c)
The April 24, 2020 submittal makes further edits to subparagraph
II(E)(4)(c) by breaking up the subparagraph into two parts. The first
part, II(E)(4)(c)(i), was the entirety of the subparagraph as
reformatted in the 2014 submittal. The second part, II(E)(4)(c)(ii),
introduces a new provision that gives South Carolina sole discretion to
grant coverage under a general synthetic minor construction permit for
a source that has not requested such coverage, but has submitted an
individual synthetic minor construction permit application and the
State has determined qualifies for a general synthetic minor
construction permit for similar sources.
The April 24, 2020 submittal notes that this reflects current
permitting practices for the State and is intended to streamline the
application process. It explains that there may be situations where a
source has submitted a synthetic minor construction permit application
and is unaware of the available general synthetic minor construction
permit. In this scenario, if the proposed project qualifies for an
issued general synthetic minor construction permit, the State would not
require the source to submit a separate request for coverage under the
corresponding general synthetic minor permit. The State would, on its
own initiative, process the application as an application for coverage
under the general synthetic minor construction permit. EPA believes
that this flexibility reflects inherent discretion that the State has
within its program to process applications in an efficient manner and
is reasonable given that the source has provided enough information for
the State to determine that the project would qualify under the general
construction permit.
EPA has reviewed these changes made to Regulation 61-62.1,
subparagraph II(E)(4)(c), and they appear to be consistent with CAA
sections 110(a)(2)(C) and 110(l). However, due to the proposed
disapproval of subsection II(N) as described below, the revised
subsection II(E) lacks the public participation component required
under 40 CFR 51.161. Therefore, EPA is proposing to disapprove these
changes to South Carolina's SIP at Regulation 61-62.1,subparagraph
II(E)(4)(c).
c. Subparagraph II(E)(4)(e)
The October 1, 2007 submittal rewrites and simplifies subparagraph
(E)(4)(b), which is relettered in the August 8, 2014 submittal to
become (E)(4)(e). The 2007 submittal provides the State authority to
grant a source's request for authorization to operate under a general
permit without further public notice and says that such a grant shall
be a final permit action for purposes of judicial review. The changes
made in the October 1, 2007 submittal also removes a redundant sentence
that essentially re-stated this and made an additional cross-reference
to the public notice procedures. Subsequently, the April 24, 2020
submittal makes minor changes to subparagraph (E)(4)(e) to clarify that
the coverage is available for ``general synthetic minor construction''
permits rather than ``general'' permits.
EPA has reviewed these changes made to Regulation 61-62.1,
subparagraph II(E)(4)(e) and they appear to be consistent with CAA
sections 110(a)(2)(C) and 110(l). However, due to the proposed
disapproval of Subsection II(N) as described below, the revised
subsection II(E) lacks the public participation component required
under 40 CFR 51.161. Therefore, EPA is proposing to disapprove the
aforementioned changes to South Carolina's SIP at Regulation 61-62.1,
subparagraph II(E)(4)(e).
[[Page 6961]]
d. Subparagraph II(E)(4)(g)
The April 24, 2020 submittal adds new subparagraph (E)(4)(g), which
states that a source that qualifies for coverage under a general
synthetic minor construction permit may submit a construction permit
application to the State and request an individual synthetic minor
construction permit in lieu of coverage under a general synthetic minor
construction permit.
South Carolina had similar language included in subsection II(D) of
the State effective version of Regulation 61-62.1 for general permits
since the October 1, 2007 submittal. The State notes that an aim of its
submittal is to improve consistency in language for general and
registration permits. This provision acknowledges that sources can
request that the State issue an individual synthetic minor permits in
lieu of coverage under a corresponding general synthetic minor
construction permit. This language states that use of a general
synthetic minor construction permit is not required, and the State will
consider the preference of the source.
EPA has reviewed these changes made to Regulation 61-62.1,
subparagraph II(E)(4)(g) and they appear to be consistent with CAA
sections 110(a)(2)(C) and 110(l). However, due to the proposed
disapproval of subsection II(N) as described below, the revised
subsection II(E) lacks the public participation component required
under 40 CFR 51.161. Therefore, EPA is proposing to disapprove the
aforementioned changes to South Carolina's SIP at Regulation 61-62.1,
subparagraph II(E)(4)(g).
5. Subsection II(F)--Operating Permits
Subsection II(F), Operating Permits, describes provisions for minor
operating permits for any true minor stationary source, meaning those
sources smaller than the major source thresholds at Regulation 61-
62.70, Title V Operating Permit Program, and which do not need
federally enforceable emission limits to restrict PTE to avoid title V
major source status pursuant to subsection II(G). The October 1, 2007
submittal adds a new subsection II(F), Operating Permits, in place of
former subsection II(F), Exemptions, which is renumbered to subsection
II(B). In contrast to subsection II(G), Conditional Major Operating
Permits, subsection II(F) does not require an opportunity for public
notice and comment on the covered minor source operating permits.\13\
EPA does not require States to submit minor source operating permit
programs to the Agency for incorporation into their SIPs; however, EPA
set forth criteria for the approvability of such programs into SIPs in
a June 28, 1989 final rule. See 54 FR 27274. Among EPA's criteria for
an approvable program is that the operating permits are subject to
public participation prior to issuance, which is not the case under
subsection II(F). See id. at 27282. EPA is therefore proposing to
disapprove the entirety of subsection II(F). Specifically, EPA is
proposing to disapprove the addition of subsection II(F) transmitted in
the October 1, 2007 submittal and other changes made in the August 8,
2014; July 27, 2016; and April 24, 2020.\14\ The revisions made to
subsection II(F) in the submittals from October 1, 2007; August 8,
2014; and July 27, 2016 submittals were explained and proposed for
approval in the NPRM published on August 17, 2017. See 82 FR 39083. No
comments were received on the addition of, and changes made to,
subsection II(F), and these paragraphs and changes to subsection II(F)
are not further explained here as their disapproval is based not on the
content of the changes but on the lack of a public notice component.
The April 24, 2020 submittal makes several subsequent changes to
subsection II(F), as discussed below.
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\13\ EPA approved subsection II(G) into the SIP because, among
other things, it provides EPA and the public with timely notice of
the proposal and issuance of such permits; provides EPA, on a timely
basis, with a copy of each proposed (or draft) and final permit; and
provides for an opportunity for public comment on the permit
applications prior to issuance of the final permit. See 60 FR 63434,
63435 (December 11, 1995).
\14\ Final disapproval of subsection II(F) and changes to
subsection II(B) at subparagraph II(B)(2)(h) would leave in place a
portion of subsection II(F), Exemptions, at subparagraph
II(F)(2)(g), State effective June 24, 2005.
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a. Paragraphs II(F)(2) and (F)(3)
The April 24, 2020 submittal adds subparagraph II(F)(2) to
distinguish a specific situation for sources awaiting the issuance of
an operating permit from the State. Paragraph II(F)(3), as renumbered
from II(F)(2) in this submittal, provides that the professional
engineer in charge of the project shall certify that the construction
completed under the corresponding construction permit has been
completed in accordance with the construction permit and application.
This provision allows for the source to operate under the issued
construction permit until the State has issued the operating permit if
the certification is provided by the engineer. If, however, the
construction is not completed in accordance with the permit application
and construction permit, this provision requires the owner or operator
to submit a description of the modifications from the permit prior to
commencing operation. The provision further requires that any
construction variances that would trigger additional requirements that
have not been addressed prior to commencing operation will be treated
as construction without a permit for compliance purposes.
The April 24, 2020 submittal also adds the phrase ``when a
Department issued construction permit includes engineering and/or
construction specifications'' to clarify that this provision is
intended to function for projects with unique engineering and
construction requirements. The new paragraph II(F)(2) covers situations
for which construction permits do not include engineering and/or
construction specifications for the project. Specifically, this
subparagraph allows for these sources to operate under the issued
construction permit until the State issues the operating permit. In
applicable situations, there are no engineering or construction
specifications that the professional engineer would need to certify.
Regardless of the type of minor source construction project, these
minor source operating permits must be applied for within 15 days of
initial startup. This addition, therefore, is a clarification that not
all minor source construction permits will need certification from a
professional engineer. However, as discussed above, EPA is proposing to
disapprove the entirety of subsection II(F) due to a lack of public
notice procedures. Therefore, EPA is proposing to disapprove these
changes to South Carolina's SIP at Regulation 61-62.1, paragraphs
II(F)(2) and (F)(3).
b. Paragraph II(F)(5)
The April 24, 2020 submittal also adds an entire section on the
ability to develop general minor source operating permits at paragraph
II(F)(5). However, similar to Section II(D) for general minor source
construction permits, paragraph II(F)(5) would allow for the
development and issuance of general true minor source operating permits
without first going through public notice and comment. As noted above,
States are not required to include minor source operating permit
programs in their SIPs, and EPA has identified criteria, including
public participation, for approving minor source operating permits into
SIPs for those States that elect to submit a program to EPA for
incorporation.
EPA has evaluated the changes to subsection II(F) transmitted in
the April 24, 2020, submittal and found them to
[[Page 6962]]
be inconsistent with EPA's criteria for approving minor source
operating permit programs into SIPs. Therefore, EPA is proposing to
disapprove the ability to create general minor source operating permits
at paragraph II(F)(5).
6. Subsection II(G)--Conditional Major Operating Permits
Subsection II(G), Conditional Major Operating Permits, describes
provisions for synthetic minor operating permits for any stationary
source requesting federally enforceable permit limits to limit a
source's PTE so the source does not qualify as a major source (thus
becoming a minor source ``synthetically''). As noted above, EPA set
forth criteria for approval of minor source operating permits in its
June 28, 1989 final rule. See 54 FR 27274. EPA evaluated these
criteria, including adequate public notice procedures, and approved
subsection II(G) for conditional major (synthetic minor) operating
permits in its December 11, 1995 final rule. See 60 FR 63434. However,
these public participation requirements now refer to and depend on
subsection II(N), Public Participation Procedures, which was modified
from paragraph II(G)(5) in the October 1, 2007 submittal.\15\ For the
reasons explained in Section II.A.10. of this document, EPA is
proposing to disapprove subsection II(N). Because EPA is proposing to
disapprove the changes that include moving paragraph II(G)(5) to
subsection II(N), the updated subsection II(G) would not have a
functional cross-reference to applicable public notice procedures and
would therefore have the effect of removing the current requirements
for public notice from the conditional major operating permits
subsection. EPA is therefore proposing to disapprove the changes to
subsection II(G). Specifically, EPA is proposing to disapprove the
changes transmitted in the October 1, 2007; July 18, 2011; August 8,
2014; July 27, 2016; and April 24, 2020 submittals. The revisions made
to subsection II(G) in the submittals from October 1, 2007; July 18,
2011; August 8, 2014; and July 27, 2016 submittals were explained and
proposed for approval in the NPRM published on August 17, 2017. See 82
FR 39083. No comments were received on revisions made to subsection
II(G), and these changes are not further explained here as their
proposed disapproval is based solely on the lack of a public notice
component. If EPA takes final action as proposed, the existing SIP-
approved conditional major operating permitting program at subsection
II(G) in the SIP, State effective June 24, 2005, would continue to
function. Other revisions to subsection II(G) which were submitted
subsequent to the August 17, 2017 NPRM are explained below.
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\15\ The revision to subsection II(G) would move the public
participation provision at II(G)(5) to II(N) and include a cross-
reference to (II)(N) within II(G).
---------------------------------------------------------------------------
a. Subparagraph II(G)(2)(d)
The April 24, 2020 submittal removes subparagraph II(G)(2)(d),
which was added to II(G)(2)(c) in the October 1, 2007 submittal and
restructured to II(G)(2)(d) in the August 8, 2014 submittal.\16\
Subparagraph II(G)(2)(d) would allow the owner or operator to continue
operating a source pursuant to the most recent conditional major
operating permit after submitting a request for renewing its operating
permit until the State acts on the permit application. The renewal
request must meet requirements in subsection II(H). Subparagraph
II(G)(2)(d) is removed, but a substantially similar provision allowing
the owner or operator to continue operating a source if a timely
renewal application for any operating permit meeting the requirements
of subsection II(H) is introduced at subparagraph II(H)(1) in the April
24, 2020 submittal. This is discussed further under changes to
subsection II(H) below. For the purposes of subparagraph II(G)(2)(d),
removing this provision from subsection II(G) and including the same
requirement at subsection II(H) concerning operating permit renewal
requests is reasonable because the provision merely requires any
request for renewal of conditional major operating permits to comply
with requirements in subsection II(H) in order for the source to
continue operating while awaiting State action on its timely
application. However, due to the disapproval of subsection II(N) as
described below, subsection II(G) lacks the public participation
component which was a basis for EPA's approval of subsection II(G) into
the SIP. EPA is therefore proposing to disapprove this change to
subparagraph II(G)(2)(d).
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\16\ Subparagraph II(G)(2)(d) has not been approved into the
SIP.
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b. Subparagraph II(G)(7)(c)
The April 24, 2020, submittal breaks subparagraph (G)(7)(c) into
two parts. Subparagraph (G)(7)(c)(i) is a reformatting of the language
introduced in the August 8, 2014 submittal. The new provision in the
April 24, 2020 submittal is at subparagraph (G)(7)(c)(ii). It states
that a source that has submitted an individual permit application to
the State and has not requested coverage under the conditions and terms
of a general conditional major operating permit for similar sources,
but which is determined to qualify for coverage under a general
conditional major operating permit, may be granted coverage under the
general conditional major operating permit at the sole discretion of
the State.
The April 24, 2020 submittal notes that this reflects current
permitting practices for South Carolina and is intended to streamline
the application process. It explains that there may be situations where
a source has submitted an individual conditional major operating permit
application and is unaware of the available general conditional major
operating permit. In this scenario, if the proposed project qualifies
for an issued general conditional major operating permit, the State
would not require the source to submit a separate request for coverage
under the corresponding general conditional major operating permit. The
State would, on its own initiative, process the application as an
application for coverage under the general conditional major operating
permit. EPA has reviewed these changes made to Regulation 61-62.1,
subparagraph II(G)(7)(c) and they appear to not be inconsistent with
EPA's criteria for federally enforceable operating permits. EPA
believes that the flexibility in the State's rule reflects inherent
discretion that the State has within its program to process
applications in an efficient manner and is reasonable if the source has
provided enough information for the State to determine that the project
would qualify under the general conditional major operating permit.
However, due to the proposed disapproval of subsection II(N) as
described below, subsection II(G) lacks the public participation
component which was a basis for EPA's approval of subsection II(G) into
the SIP. Therefore, EPA is proposing to disapprove these changes to
South Carolina's SIP at Regulation 61-62.1, subparagraph II(G)(7)(c).
c. Subparagraph II(G)(7)(g)
The April 24, 2020 submittal adds subparagraph (G)(7)(g), which
states that a source that qualifies for coverage under a general
conditional major operating permit may submit a permit application to
the State and request an individual conditional major operating permit
in lieu of coverage under a general conditional major operating permit.
The State had similar language included in Section II(D) for general
permits since the October 1, 2007 submittal. The State notes that an
aim
[[Page 6963]]
of its submittal is to improve consistency in language for general and
registration permits. This provision acknowledges that sources can
request that the State issue an individual conditional major operating
permit in lieu of coverage under a corresponding general conditional
major operating permit. This language states that use of a general
conditional major operating permit is not required, and that the State
will consider the preference of the source. EPA has reviewed these
changes made to Regulation 61-62.1, subparagraph II(G)(7)(g) and they
appear found them to not be inconsistent with EPA's criteria for
federally enforceable operating permits. However, due to the proposed
disapproval of subsection II(N) as described below, subsection II(G)
would lack the public participation component which was a basis for
EPA's approval of subsection II(G) into the SIP. Therefore, EPA is
proposing to disapprove the aforementioned changes to South Carolina's
SIP at Regulation 61-62.1, subparagraph II(G)(7)(g).
7. Subsection II(H)--Operating Permit Renewal Requests
South Carolina's October 1, 2007; July 18, 2011; June 17, 2013;
August 8, 2014, and July 27, 2016 submittals revised subsection II(H),
Operating Permit Renewal Requests, which specifies requirements for
requesting renewals of operating permits for sources which are not
subject to the State's title V program at Regulation 61-62.70. Those
changes to former paragraph II(B)(2), recodified to subsection II(H) in
the October 1, 2007, submittal, were reviewed and proposed for approval
in the August 17, 2017 NPRM and are not further discussed here. See 82
FR 39083. The April 24, 2020 submittal makes several subsequent changes
to subsection II(G), as discussed below.
First, subparagraph II(H)(1) is added. This subparagraph would
allow the owner or operator to continue operating a source pursuant to
the most recent conditional major operating permit after submitting a
request for renewing its operating permit until South Carolina takes
final action on the request for renewal. The renewal request must meet
requirements in subparagraphs II(H)(2)-(5), as renumbered from (H)(1)-
(4).
Next, subparagraph II(H)(5), formerly II(H)(4), is revised to
include requirements that the name, mailing address, email address, and
telephone number of both the owner or operator of the facility and the
permit contact person for the facility be included in the renewal
application. Finally, minor edits are made throughout subsection II(H),
including placing the alphanumeric provision dividers in parentheses.
The changes to subsection II(H) in the April 24, 2020 submittal are
reasonable changes make to these renewal provisions for operating
permits. The ability for the source to continue to operate under the
previously issued operating permit if a timely renewal submittal has
been made and the State has not yet acted to issue the renewal permit
functions like the permit application shield provisions under the
Federal title V operating permitting program for major sources at 40
CFR part 70 and approved for South Carolina at Regulation 61-62.70. The
remaining changes to subsection II(H) in this submittal are either
ministerial or minor in nature, such as requiring additional
information to be included in the renewal request compared to what is
presently required in the SIP and what EPA also previously proposed to
approve in this recodified subsection in the August 17, 2017 NPRM. EPA
has reviewed these changes made to Regulation 61-62.1, subsection II(H)
and found them to not be inconsistent with EPA's criteria for federally
enforceable operating permits, and to be consistent with similar
provisions for Federal provisions for major source operating permits.
Therefore, EPA is proposing to approve the aforementioned changes to
South Carolina's SIP at Regulation 61-62.1, subsection II(H). EPA notes
that the effect of approving subsection II(H), Operating Permit Renewal
Requests, as renumbered from paragraph II(B)(2), while disapproving the
changes to existing subsection II(H), Synthetic Minor Plant Permits,
would create a second subsection II(H) in the SIP. If both proposed
actions are finalized, the provisions for subsection II(H), Synthetic
Minor Plant Permits, would retain the June 24, 2005 State effective
date, and the provisions for subsection II(H), Operating Permit Renewal
Requests, would have a April 24, 2020 State effective date.
8. Subsection II(I)--Registration Permits
Subsection II(I), Registration Permits, prescribes regulations by
which South Carolina can issue registration permits that cover
construction and operation of similar types of stationary sources. The
October 1, 2007 submittal introduces the new subsection (I) to Section
II. South Carolina explains that the difference between registration
permits and general construction permits or general operating permits
is that registration permits are permits issued for stationary sources
that that fall within a specified industrial grouping or sector and
have the PTE less than the threshold for major NSR or title V
applicability (i.e., they are true minor sources).\17\ The equipment
similarities within the grouping or sector remove the need for in depth
site-specific review. In contrast, general construction permits
pursuant to subsection II(D) could be for any source that meets
criteria across sections (e.g., similar units, overall emissions
threshold).
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\17\ The State references Regulation 61-62.70, Title V Operating
Permit Program; Regulation 61-62.5, Standard No. 7, Prevention of
Significant Deterioration; and Regulation 61-62.5, Standard No. 7.1,
Nonattainment New Source Review, which prescribe requirements for
major sources for the construction and operating permit programs.
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The July 18, 2011 submittal makes subsequent changes to subsection
II(I) as follows: (1) Makes administrative edits; (2) adds language to
assert that, regardless of qualification for registration permits,
South Carolina reserves the right to require individual construction
and operating permits, as determined on a case-by-case basis; and (3)
changes language to clarify that registration permits shall contain any
applicable permit conditions under subsection II(J), rather than all
permit conditions listed in subsection II(J), as the State finds
appropriate.
The August 8, 2014 submittal includes other changes to paragraph
II(I), including administrative edits throughout and adding language to
assert that the State can reopen registration permits for cause or to
include new standards or regulations that become applicable during the
lifetime of the permit. The August 8, 2014 submittal also removes
language at subparagraph (I)(1)(a) requiring the State to provide
notice and opportunity for public participation prior to developing new
registration permits. However, the State withdrew this change from
EPA's consideration in a letter dated August 7, 2017. In the letter,
the State explained that its intent in withdrawing the change was to
require the Department to comply with the public participation
procedures at subsection II(N) when developing registration
permits.\18\
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\18\ The August 7, 2017, withdrawal letter is available in the
docket for this NPRM.
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South Carolina has added subsection II(I) to the permitting program
to allow for the creation of a subcategory of general permits called
registration construction and/or operating permits, which would be for
certain industry categories of qualifying true minor sources. This
permitting mechanism is intended to streamline permitting requirements
and procedures. Any general permits developed pursuant to a SIP-
approved minor NSR program must meet the Federal minimum requirements.
Unlike the general minor
[[Page 6964]]
NSR permits provided for at Section II(D) of Regulation 61-62.1,
subsection II(I) would require public notice and comment in developing
the general construction and/or operating permits. However, these
public participation requirements refer to and depend on subsection
II(N), Public Participation Procedures, which was moved and modified
from paragraph II(G)(5) in the October 1, 2007 submittal. For the
reasons explained in Section II.A.10. of this document, EPA is
proposing to disapprove subsection II(N). Because EPA is proposing to
disapprove the changes to move paragraph II(G)(5) to subsection II(N),
the new subsection II(I) would not have a functional cross-reference to
those public notice procedures in the SIP as the State intends. EPA is
therefore proposing to disapprove the entirety of subsection II(I).
Specifically, EPA is proposing to disapprove the addition of subsection
II(I) and subsequent changes transmitted in the October 1, 2007, July
18, 2011, August 8, 2014, and April 24, 2020 submittals. The revisions
made to subsection II(I) in the submittals from October 1, 2007; July
18, 2011; and August 8, 2014 submittals were explained and proposed for
approval in the NPRM published on August 17, 2017. See 82 FR 39083.
However, EPA received adverse comments on subsection II(I). Other
revisions to subsection II(I) which were submitted subsequent to the
August 17, 2017 NPRM are explained below.
a. Subparagraph II(I)(2)(a)(ii)
The April 24, 2020 submittal breaks subparagraph (I)(2)(a) into two
parts. The first part--(I)(2)(a)(i)--revises and clarifies language
from (I)(2)(a). The second part--(I)(2)(a)(ii)--gives the State sole
discretion to grant coverage under a registration permit to a
qualifying source that applied for a construction and operating permit
under Sections II(A) and II(F) even if the source did not request
coverage under the registration permit.
The April 24, 2020 submittal notes that this reflects current
permitting practices for the State and is intended to streamline the
application process. It explains that there may be situations where a
source has submitted a minor construction permit application and is
unaware of the available registration minor construction permit. In
this scenario, if the proposed project qualifies for an issued
registration minor construction permit, the State would not require the
source to submit the separate request for coverage under the
corresponding registration minor permit. The State would, on its own
initiative, process the application as an application for coverage
under the general conditional major operating permit. EPA has reviewed
these changes made to Regulation 61-62.1, subparagraph II(I)(2)(a)(ii)
and they appear to be consistent with CAA sections 110(a)(2)(C) and
110(l) and 40 CFR 51.160-164. EPA believes that this flexibility
reflects inherent discretion that the State has within its program to
process applications in an efficient manner and is reasonable given
that the source has provided enough information for the State to
determine that the project would qualify under the registration
(general) permit. However, due to the proposed disapproval of
subsection II(N) as described below, this provision lacks the public
participation component required under 40 CFR 51.161. Therefore, EPA is
proposing to disapprove these changes to South Carolina's SIP at
Regulation 61-62.1, subparagraph II(I)(2)(a)(ii).
b. Subparagraph II(I)(2)(e)
South Carolina's April 24, 2020 submittal adds subparagraph
(I)(2)(e), which states that a source that qualifies for coverage under
a registration permit may submit a permit application to the State and
request an individual permit in lieu of coverage under a general
registration permit.
South Carolina had similar language in Section II(D) for general
permits since the October 1, 2007 submittal. South Carolina notes that
an aim of its April 24, 2020, submittal is to improve consistency in
language for general and registration permits. This provision
acknowledges that sources can request that the State issue an
individual minor construction permit in lieu of coverage under a
corresponding registration (general) minor construction permit. This
language notes that use of a registration minor construction permit is
not required and that the State will consider the preference of the
source. EPA has reviewed these changes to Regulation 61-62.1,
subparagraph II(I)(2)(e) and they appear to be consistent with CAA
section 110. However, due to the proposed disapproval of subsection
II(N) as described below, this provision lacks the public participation
component required under 40 CFR 51.161. Therefore, EPA is proposing to
disapprove the aforementioned changes to Regulation 61-62.1,
subparagraph II(I)(I)(2)(e).
9. Subsection II(K)--Exceptions
Regulation 61-62.1, subsection II(K) sets forth factors that the
State will consider in determining whether to impose alternative
emissions limits, compliance schedules, or other restrictions. The
October 1, 2007 submittal makes non-substantive changes to this
subsection, including moving subsection II(K), Exceptions, from
subsection II(D) and makes minor administrative and typographical
changes. This provision says that this subsection does not apply to
mass emission limitations imposed by Federal New Source Performance
Standards, Federal National Emissions Standards for Hazardous Air
Pollutants, Federal or State PSD regulations, or any nonattainment
requirements. Therefore, the provisions in subsection II(K) cannot be
utilized for changing any emission limits set via those requirements.
Subsection II(K) also requires an air quality demonstration to revise
emission limits or visibility standards. Any alternative compliance
schedules requested would need to provide for compliance with the
applicable regulations as expeditiously as practicable. Finally, the
exceptions from otherwise previously established restrictions on
operation would be subject to public notice and opportunity for a
public hearing. The April 24, 2020 submittal makes formatting changes
by placing the alphanumeric provision dividers in parentheses.
EPA has reviewed these non-substantive changes made to subsection
II(K), Exceptions, and found them to be consistent with CAA sections
110(a)(2)(C) and 110(l) and 40 CFR 51.160-164. This process for
establishing alternative permit conditions, compliance schedules, or
other restrictions on operation of a source, which is already part of
the SIP, provides for a substantive evaluation of the impacts of making
the changes to otherwise applicable requirements. These provisions
effectively require substantively similar provisions to the issuance of
a construction permit to approve the exceptions to previously
established permit terms. Therefore, EPA is proposing to approve the
aforementioned changes to Regulation 61-62.1, subsection II(K), into
the SIP.
10. Subsection II(N)--Public Participation Procedures
The October 1, 2007 submittal makes changes to the public notice
provisions in Section II, as follows. SIP-approved subparagraph
II(G)(5) is moved from under the subsection titled Conditional Major
Operating Permits \19\ to a new
[[Page 6965]]
standalone subsection at II(N) titled Public Participation Procedures.
The submittal adds the following language providing the State with
discretion to require notice of permitting activity, even when not
otherwise required by the State's regulations: ``When determined to be
appropriate by the Department (or specified by regulation) notice of
permitting activity shall be provided to the public and other entities
for their review and comment.'' SIP-approved Section II only requires
public notice for conditional major (operating) permits and synthetic
minor (construction) permits. By adding this new language and moving
the public participation procedures to a new standalone paragraph, the
rule expands the types of permits potentially subject to public notice.
The October 1, 2007 submittal also adds language stating that the State
may use means other than publishing in newspapers, the State Register,
and mailing lists to notify the public of minor source permitting.
---------------------------------------------------------------------------
\19\ One of the revisions to subsection in the October 1, 2007,
submittal was retitling subsection G from ``Conditional Major Source
Permits'' to ``Conditional Major Operating Permits.''
---------------------------------------------------------------------------
The July 18, 2011 submittal removes the phrase ``or operating''
from the restriction in subparagraph II(N)(5) that prevents sources
from commencing any construction prior to completing the required
public participation procedures because the State authorizes
construction via a construction permit rather than a minor source
operating permit. Sources are required by Regulation 61-62.1
subparagraph II(F)(4)(b) to submit a postmarked written application for
minor source operating permits within 15 days after the actual date of
initial startup of each new or modified source.
Next, the August 8, 2014 submittal modifies paragraph (N)(1) to add
the Department's website as another option for notifying the public of
permitting activity in addition to newspapers and the South Carolina
State Register.\20\ The submittal then changes paragraph (N)(2) to
restructure the required elements of the public notice into new
subsections, (a) through (g). The submittal also revises language and
adds subparagraphs (a) and (b) to paragraph (N)(3) to identify how the
State will address and record comments, and broadens the State's
procedures to require the State to consider all comments received at
any public hearing rather than only those received in writing at a
public hearing.\21\ The August 8, 2014 revision to paragraph (N)(3)
also removes language requiring the State to provide a written response
to all written comments received by mail and at the public hearing,
providing that all comments received within the time specified in the
public notice will be considered, and that the State will maintain a
record of commenters and the comments made.
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\20\ In addition to the publication outlets, the SIP-approved
regulation requires the State to notify persons who requested in
writing to be on a mailing list, as well as others on a mailing list
developed by the State.
\21\ The SIP-approved regulation also requires the State to
consider and provide a written response to all written comments
received by mail within the time specified for the public comment
period.
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Finally, the April 24, 2020 submittal revises paragraph (N)(1) to
change the option to post on the Department's website to an option to
post on a public website identified by the Department. The submittal
also makes minor and ministerial changes to paragraph (N)(1), including
to note that ``additional means of public notice'' may include public
meetings. This submittal also changes the word ``other'' to
``additional'' means of public notice, to clarify that the other
methods are required, while avenues like public meetings can also be
used on a case-by-case basis.
The changes in the October 1, 2007 submittal to allow for other
methods of public notice, and in the April 24, 2020 submittal to
explicitly list a public website identified by the Department as a
possible method of public notice, are consistent with the minor NSR
public notice regulations at 40 CFR 51.161.\22\ The Department can
therefore make use of a website, public hearings, and other methods in
lieu of or in addition to publication in a newspaper. The provisions at
subsection II(N) prescribe generally applicable public notice
procedures, and additional public notice requirements are contained in
the major NSR and major operating permit (title V) regulations at
Regulation 61-62.5, Standard No. 7, Prevention of Significant
Deterioration (PSD), 61-62.5, Standard No. 7.1, Nonattainment New
Source Review (NSR), and 61-62.70, Title V Operating Permit Program.
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\22\ EPA has previously noted that the public notice requirement
at 40 CFR 51.161(b)(3) is media neutral, and EPA modified 40 CFR
51.161 in an October 18, 2016, final rule to specifically allow for
electronic notice of the draft permit and other information,
including for synthetic minor sources. See 81 FR 71613.
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While the changes to the public notice requirements in the October
1, 2007 submittal applying public notice procedures to permitting
activities beyond conditional major (operating) permits and synthetic
minor (construction) permits at the State's discretion are an
improvement, they do not fully satisfy the public notice procedures in
40 CFR 51.161. The Federal regulations provide that the legally
enforceable procedures in 40 CFR 51.160 must require that the State
provide for opportunity for public comment on the information submitted
to the State by owners and operators, the State's analysis of the
effects of the construction or modification of the project, and the
State's proposed decision. In other words, in order for the SIP to meet
the public notice requirements in 40 CFR 51.161, all of the projects
that South Carolina determines are subject to minor NSR procedures
pursuant to 40 CFR 51.160(e) need to be subject to public notice
procedures prescribed in the SIP. While the changes transmitted in the
October 1, 2007 submittal may increase the level of public
participation in the minor NSR program, subsection II(N) as submitted,
and as modified further in the July 18, 2011; August 8, 2014; and April
20, 2020 submittals, does not meet the minimum requirements in 40 CFR
51.160 and 51.161. Accordingly, EPA is proposing to disapprove
subsection II(N).
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, and as discussed in Section II of this
preamble, EPA is proposing to incorporate by reference South Carolina
Regulation 61-62.1, Section II, Permit Requirements, State effective
April 24, 2020, except for the following: subsection II(G), which is
incorporated by reference with a State effective version of June 24,
2005; subsection II(B) at paragraph II(B)(2)(h); subsection II(B) at
paragraph II(B)(3); subsection II(B) at paragraph II(B)(5); subsection
II(B) at paragraph II(B)(6); subsection II(D); subsection II(F), except
for the title and subparagraph II(F)(2)(g), which are incorporated by
reference with a State effective date of June 24, 2005; and subsection
II(I).\23\ 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).
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\23\ If EPA finalizes disapproval of subsection II(E), Synthetic
Minor Construction Permits, subsection II(H), Synthetic Minor Plant
Permits, State effective June 24, 2005, would remain in the SIP.
Additionally, final approval of subsection II(H), Operating Permit
Renewal Requests, State effective April 24, 2020, would result in
two subsections II(H) within into the SIP.
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[[Page 6966]]
IV. Proposed Action
EPA is proposing to approve the portions of the SIP revisions
consisting of the following changes: parenthesizing of the lettering
and numbering of the titles of the sections and spelling out certain
words instead of using numerical notation in Regulation 61-62.1,
Section II, Permit Requirements, in the April 24, 2020, submittal; the
aforementioned changes to Regulation 61-62.1, subsection II(B), except
for subparagraph II(B)(2)(h), and paragraphs II(B)(3), II(B)(5), or
II(B)(6); the changes to subsection II(C); the addition of and changes
to subsection II(H), and the restructuring of and changes to subsection
II(K). EPA is proposing to approve the aforementioned changes to the
SIP for the reasons discussed in Section II of this document.
For the aforementioned reasons, EPA is also proposing to disapprove
the portions of the South Carolina SIP revisions consisting of changes
to: Regulation 61-62.1, subsection II(B) at paragraph (2)(h);
paragraphs II(B)(3), II(B)(5), and II(B)(6); the addition of and
changes to subsection II(D); the restructuring of and changes to
subsection II(E); \24\ the addition of and changes to subsection II(F);
\25\ the addition of and changes to subsection II(I); and the
restructuring of and changes to subsection II(N).
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\24\ See footnote 21.
\25\ Final disapproval of subsection II(F) and subparagraph
II(B)(2)(h) would leave subparagraph II(F)(2)(g), State effective
June 24, 2005, in the SIP.
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V. 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 review State choices, and
approve those choices if they meet the minimum criteria of the Act.
Accordingly, this proposed approval proposes to partially approve and
partially disapprove a SIP submission as meeting or not meeting Federal
requirements, respectively, and does not impose additional requirements
beyond those imposed by State law.
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This proposed action is not a significant regulatory action as
defined in Executive Order 12866, as amended by Executive Order 14094,
and was therefore not subject to a requirement for Executive Order
12866 review.
B. Paperwork Reduction Act (PRA)
This proposed action does not impose an information collection
burden under the PRA because it does not contain any information
collection activities.
C. Regulatory Flexibility Act (RFA)
I certify that this proposed action will not have a significant
economic impact on a substantial number of small entities under the
RFA. This proposed action will not impose any requirements on small
entities because it merely partially approves and partially disapproves
a SIP submission as meeting or not meeting Federal requirements,
respectively.
D. Unfunded Mandates Reform Act (UMRA)
This proposed action does not contain an unfunded mandate as
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or
uniquely affect small governments. The proposed action imposes no
enforceable duty on any State, local or Tribal governments or the
private sector.
E. Executive Order 13132: Federalism
This proposed action does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
Because this proposed action merely partially approves and
partially disapproves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law, this proposed 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.
G. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. Therefore, this proposed action is not subject to
Executive Order 13045 because it merely proposed to partially approve
and partially disapprove a SIP submission as meeting or not meeting
Federal requirements, respectively. Furthermore, EPA's Policy on
Children's Health does not apply to this action.
H. Executive Order 13211: Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
This proposed action is not subject to Executive Order 13211
because it is not a significant regulatory action under Executive Order
12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This proposed rulemaking does not involve technical standards.
J. Executive Order 12898 and Executive Order 14096: Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations and Revitalizing Our Nation's Commitment to Environmental
Justice for All
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority
Populations and Low-Income Populations, 59 FR 7629, February 16,
1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with EJ concerns to the
greatest extent
[[Page 6967]]
practicable and permitted by law. Executive Order 14096 (Revitalizing
Our Nation's Commitment to Environmental Justice for All, 88 FR 25251,
April 26, 2023) builds on and supplements E.O. 12898 and defines EJ as
among other things, the just treatment and meaningful involvement of
all people regardless of income, race, color, national origin, or
Tribal affiliation, or disability in agency decision-making and other
Federal activities that affect human health and the environment.
South Carolina 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 proposed action. Due to the
nature of the proposed action being taken here, this proposed action is
expected to have a neutral to positive impact on the air quality of the
affected area. 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. 12898/14096 of achieving EJ for communities with EJ
concerns.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 6, 2025.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2025-00438 Filed 1-17-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 21, 2025.
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