82 FR 38825 - Air Plan Approval; SC: Standards for Volatile Organic Compounds and Oxides of Nitrogen
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 157 (August 16, 2017)
Federal Register Volume 82, Issue 157 (August 16, 2017)
| Page Range | 38825-38828 | |
| FR Document | 2017-17242 |
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)] [Rules and Regulations] [Pages 38825-38828] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17242] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0388; FRL-9966-22-Region 4] Air Plan Approval; SC: Standards for Volatile Organic Compounds and Oxides of Nitrogen AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve changes to the South [[Page 38826]] Carolina State Implementation Plan (SIP) that revise several miscellaneous rules for control standards for process industries. Specifically, changes are made to standards for volatile organic compounds (VOCs) and oxides of nitrogen (NOX ). EPA is approving portions of SIP revisions 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, June 17, 2013, and January 20, 2016. These actions are being taken pursuant to the Clean Air Act (CAA or Act). DATES: This direct final rule is effective October 16, 2017 without further notice, unless EPA receives adverse comment by September 15, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2017-0388 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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 https://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What action is EPA taking? On October 1, 2007, June 17, 2013, and January 20, 2016, SC DHEC submitted SIP revisions to EPA for approval to make administrative and clarifying amendments and correct typographical errors. These SIP submittals make changes to several air quality rules in the South Carolina Code of Regulations Annotated (S.C. Code Ann. Regs.). The changes EPA is approving into the SIP in this action modify portions of Regulation 61-62.5--``Air Pollution Control Standards'' at Standard No. 5--``Volatile Organic Compounds,'' and Regulation 61-62.5, Standard No. 5.2--``Control of Oxides of Nitrogen (NOX ).'' At this time, EPA is not acting on changes in the October 1, 2007, submittal to Regulation 61-62.1, Section II--``Permit Requirements'' or Regulation 61-62.5, Standard No. 4--``Emissions from Process Industries.'' EPA is also not acting on the changes included in the June 17, 2013, submittal to the following regulations: Regulation 61- 62.1, Section I--``Definitions''; Regulation 61-62.1, Section II-- ``Permit Requirements''; Regulation 61-62.1, Section IV--``Source Tests''; Regulation 61-62.3--``Air Pollution Episodes''; or Regulation 61-62.5, Standard No. 4--``Emissions from Process Industries.'' Finally, EPA is not acting on the changes included in the January 20, 2016, submittal to the following regulations: Regulation 61-62.1, Section II, ``Permit Requirements''; Regulation 61-62.5, Standard No. 7.1--``Nonattainment New Source Review''; or Regulation 61-62.6-- ``Control of Fugitive Particulate Matter.'' II. Analysis of South Carolina's Submittals A. Regulation 61-62.5, Standard No. 5--``Volatile Organic Compounds'' South Carolina is amending its standards for controlling VOCs at Regulation 61-62.5, Standard No. 5--``Volatile Organic Compounds.'' The June 17, 2013, submittal revises the VOC regulation to make several administrative edits only, including formatting for consistency and correcting typographical errors in Section I, Part A and Part G and Section II, Part Q.\1\ The January 20, 2016, submittal also revises the VOC regulation to make further administrative edits only, including formatting for consistency in Section II, Part A and Part B. EPA has reviewed the changes made to South Carolina's VOC regulation and is approving them into the SIP pursuant to CAA section 110. --------------------------------------------------------------------------- \1\ Regulation 61-62.5, Standard No. 5, Section II, Part A is approved into the SIP, last revised May 7, 2002 (67 FR 30594). However, the entry for ``Part A'' at 40 CFR 52.2120(c) was inadvertently removed from the table of SIP-approved regulations. In this action, EPA is adding that entry back into the table. --------------------------------------------------------------------------- B. Regulation 61-62.5, Standard No. 5.2--``Control of Oxides of Nitrogen (NOX )'' South Carolina is amending its standards for controlling NOX at Regulation 61-62.5, Standard No. 5.2--``Control of Oxides of Nitrogen (NOX ).'' The October 1, 2007, submittal makes the following changes to the NOX regulation at Section I--``Applicability,'' and Section III--``Standard Requirements for New Sources'': (1) Clarifies applicability at paragraph I.a. by adding the state effective date of the regulation; (2) modifies the number of hours of operation for testing and maintenance for exempted emergency generators at subparagraph I.b.2.; (3) clarifies the exemption of combustion control devices at subparagraph I.b.4.; and (4) adds clarifying language to Section III at Table 1, ``NOX Control Standards.'' 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. Subparagraph I.B.2. extends the testing and maintenance operation threshold for exempted emergency generators from 250 hours to 500 hours per year. SC DHEC submitted supplemental information in support of its earlier SIP revision submittal in a December 20, 2016, letter to EPA. SC DHEC notes in its letter that it considered CAA section 110(l) in making this change and asserts that the State expects no increase in actual emissions as a result of raising this exemption threshold. SC DHEC explains that the 500 hours per year threshold is commonly used to determine the potential to emit for title V and other major source applicability determinations, consistent with EPA guidance.\2\ These sources are still restricted to use in emergency conditions. Additionally, SC DHEC points to applicable federal requirements for emergency generators at 40 CFR 63, subpart ZZZZ and 40 CFR 60 at subparts IIII and JJJJ, which restrict non-emergency use of these sources to 100 hours per year. SC DHEC also [[Page 38827]] clarifies that peak shaving and other types of activities are not considered emergency activities, and so would not qualify for the exemption under paragraph II.B. Therefore, this change to subparagraph I.b.2. is not expected to result in any increase in emissions that would affect the State's ability to attain or maintain state or Federal standards or reasonable further progress. --------------------------------------------------------------------------- \2\ 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. September 6, 1995. --------------------------------------------------------------------------- The change at subparagraph I.b.4. clarifies the exemption for devices functioning solely as combustion control devices. The additional language specifies that these devices are not automatically excluded from the exemption if waste heat is recovered from them. This additional language is aimed at encouraging process efficiency and will not interfere with attainment or maintenance of any Federal or state standard or reasonable further progress. EPA has reviewed the October 1, 2007, SIP submittal, and is approving the aforementioned changes to Regulation 61-62.5, Standard No. 5.2, pursuant to CAA section 110(a)(2)(A) and 110(l). III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of South Carolina Regulation 61-62.5, Standard No. 5--``Volatile Organic Compounds,'' effective November 27, 2015, which makes ministerial changes for consistency and Regulation 61-62.5, Standard No. 5.2-- ``Control of Oxides of Nitrogen (NOX ),'' effective May 25, 2007, which makes ministerial changes for consistency and modifies applicability for NOX control. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally- enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\3\ EPA has made, and will continue to make, these materials generally available through https://www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \3\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. Final Action EPA is approving the aforementioned changes to the South Carolina SIP, submitted on October 1, 2007, June 17, 2013, and January 20, 2016, because they are consistent with the CAA and Federal regulations. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective October 16, 2017 without further notice unless the Agency receives adverse comments by September 15, 2017. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on October 16, 2017 and no further action will be taken on the proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. 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 approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this direct final action for the State of South Carolina does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it does not have substantial direct effects on an Indian Tribe. The Catawba Indian Nation Reservation is located within the South Carolina portion of the bi-state Charlotte Area. Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``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.'' EPA notes this action will not impose substantial direct costs on Tribal governments or preempt Tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and [[Page 38828]] the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 16, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Volatile organic compounds. Dated: August 3, 2017. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart PP--South Carolina 0 2. Section 52.2120(c) is amended under ``Regulation No. 62.5'' by: 0 a. Under ``Standard No. 5'': 0 i. Revising the entry ``Section I''; 0 ii. Under ``Section I'' revising the entries ``Part A'' and ``Part G''; 0 iii. Revising the entry ``Section II''; 0 iv. Adding under ``Section II'' the entry ``Part A''; and 0 v. Revising under ``Section II'' the entries ``Part B'' and ``Part Q''. 0 b. Revising the entry ``Standard No. 5.2''. The revisions and additions read as follows: Sec. 52.2120 Identification of plan. * * * * * (c) * * * Air Pollution Control Regulations for South Carolina ---------------------------------------------------------------------------------------------------------------- State EPA approval Federal Register State citation Title/subject effective date date notice ---------------------------------------------------------------------------------------------------------------- * * * * * * * Regulation No. 62.5.............. Air Pollution Control .............. .............. ..................... Standards. * * * * * * * Standard No. 5................... Volatile Organic .............. .............. ..................... Compounds. Section I........................ General Provisions.... 4/26/2013 8/16/2017 [Insert citation of publication]. Part A........................... Definitions........... 4/26/2013 8/16/2017 [Insert citation of publication]. * * * * * * * Part G........................... Equivalency 4/26/2013 8/16/2017 [Insert citation of Calculations. publication]. Section II....................... Provisions for 11/27/2015 8/16/2017 [Insert citation of Specific Sources. publication]. Part A........................... Surface Coating of 11/27/2015 8/16/2017 [Insert citation of Cans. publication]. Part B........................... Surface Coating of 11/27/2015 8/16/2017 [Insert citation of Coils. publication]. * * * * * * * Part Q........................... Manufacture of 4/26/2013 8/16/2017 [Insert citation of Synthesized publication]. Pharmaceutical Products. * * * * * * * Standard No. 5.2................. Control of Oxides of 5/25/2007 8/16/2017 [Insert citation of Nitrogen (NOX). publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-17242 Filed 8-15-17; 8:45 am] BILLING CODE 6560-50-P
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power and responsibilities among the under ADDRESSES. We seek any Guard coxswains, petty officers, and
various levels of government. We have comments or information that may lead other officers operating Coast Guard
analyzed this rule under that Order and to the discovery of a significant vessels, and Federal, State, and local
have determined that it is consistent environmental impact from this rule. officers designated by or assisting the
with the fundamental federalism Captain of the Port Key West in the
G. Protest Activities
principles and preemption requirements enforcement of the regulated areas.
described in Executive Order 13132. The Coast Guard respects the First (c) Regulations. (1) All non-
Also, this rule does not have tribal Amendment rights of protesters. participant persons and vessels are
implications under Executive Order Protesters are asked to contact the prohibited from entering, transiting
13175, Consultation and Coordination person listed in the FOR FURTHER through, anchoring in, or remaining
with Indian Tribal Governments, INFORMATION CONTACT section to within the race area and buffer zone
because it does not have a substantial coordinate protest activities so that your unless authorized by the Captain of the
direct effect on one or more Indian message can be received without Port Key West or a designated
tribes, on the relationship between the jeopardizing the safety or security of representative.
Federal Government and Indian tribes, people, places or vessels. (2) All persons and vessels are
or on the distribution of power and List of Subjects in 33 CFR Part 100 prohibited from transiting in excess of
responsibilities between the Federal wake speed in the spectator area, unless
Government and Indian tribes. If you Marine safety, Navigation (water),
authorized by the Captain of the Port
believe this rule has implications for Reporting and recordkeeping
Key West or a designated representative.
federalism or Indian tribes, please requirements, Waterways.
(3) Persons and vessels desiring to
contact the person listed in the FOR For the reasons discussed in the enter, transit through, anchor in, remain
FURTHER INFORMATION CONTACT section preamble, the Coast Guard amends 33 within or transit in excess of wake
above. CFR part 100 as follows: speed within any of the regulated areas
E. Unfunded Mandates Reform Act PART 100—SAFETY OF LIFE ON may contact the Captain of the Port Key
NAVIGABLE WATERS West by telephone at (305) 292–8772, or
The Unfunded Mandates Reform Act
a designated representative via VHF–FM
of 1995 (2 U.S.C. 1531–1538) requires
■ 1. The authority citation for part 100 radio on channel 16 to request
Federal agencies to assess the effects of
continues to read as follows: authorization. If authorization is
their discretionary regulatory actions. In
granted, all persons and vessels
particular, the Act addresses actions Authority: 33 U.S.C. 1233.
receiving such authorization must
that may result in the expenditure by a
■ 2. Add a temporary § 100.T07–0556 to comply with the instructions of the
State, local, or tribal government, in the
read as follows: Captain of the Port Key West or a
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or designated representative.
§ 100.T07–0556 Special Local Regulations;
more in any one year. Though this rule Islamorada Grand Prix of the Seas;
(4) The Coast Guard will provide
will not result in such expenditure, we Islamorada, FL notice of the regulated areas by Local
do discuss the effects of this rule (a) Location. The following regulated Notice to Mariners, Broadcast Notice to
elsewhere in this preamble. areas are established as a special local Mariners, or by on-scene designated
regulation. All coordinates are North representatives.
F. Environment (d) Enforcement Period. This rule will
American Datum 1983.
We have analyzed this rule under (1) Race Area and Buffer Zone. All be enforced daily from 8 a.m. to 5 p.m.
Department of Homeland Security waters in the vicinity of Islamorada, FL on August 19, 2017 through August 20,
Management Directive 023–01 and encompassed within an imaginary line 2017.
Commandant Instruction M16475.lD, connecting the following points: Dated: August 10, 2017.
which guide the Coast Guard in Starting at Point 1 in position 24°56.300′ J.A. Janszen,
complying with the National N., 080°34.750′ W.; thence west to Point Captain, U.S. Coast Guard, Captain of the
Environmental Policy Act of 1969 (42 2 in position 24°55.750′ N., 080°35.570′ Port Key West.
U.S.C. 4321–4370f), and have W.; thence south to Point 3 in position [FR Doc. 2017–17238 Filed 8–15–17; 8:45 am]
determined that this action is one of a 24°55.153′ N., 080°35.306′ W.; thence BILLING CODE 9110–04–P
category of actions that do not east to Point 4 in position 24°55.643′ N.,
individually or cumulatively have a 080°34.464′ W.; thence north back to the
significant effect on the human point of origin in position 24°56.300′ N., ENVIRONMENTAL PROTECTION
environment. This rule involves a 080°34.750′ W. AGENCY
special local regulation that will (2) Spectator Area. All waters in the
prohibit non-participant persons and vicinity of Islamorada excluding the 40 CFR Part 52
vessels from entering, transiting regulated area, encompassed within an
through, anchoring in, or remaining imaginary line connecting the following [EPA–R04–OAR–2017–0388; FRL–9966–22–
within a limited race area and will also Region 4]
points: Starting at Point 1 in position
prohibit persons and vessels from 24°56.17′ N., 080°35.08′ W.; thence west Air Plan Approval; SC: Standards for
transiting at more than wake speed to Point 2 in position 24°56.02′ N., Volatile Organic Compounds and
within a limited spectator area during a 080°35.30′ W.; thence south to Point 3 Oxides of Nitrogen
two day race event lasting nine hours in position 24°55.96′ N., 080°35.26′ W.;
pmangrum on DSK3GDR082PROD with RULES
daily. This rule is categorically thence east to Point 4 in position AGENCY: Environmental Protection
excluded from further review under 24°56.11′ N., 080°35.04′ W.; thence Agency (EPA).
paragraph 34(h) of Figure 2–1 of the north back to the point of origin in ACTION: Direct final rule.
Commandant Instruction. A Record of position 24°56.17′ N., 080°35.08′ W.
Environmental Consideration (REC) (b) Definition. The term ‘‘designated SUMMARY: The Environmental Protection
supporting this determination is representative’’ means Coast Guard Agency (EPA) is taking direct final
available in the docket where indicated Patrol Commanders, including Coast action to approve changes to the South
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clarifies that peak shaving and other IV. Final Action of the Paperwork Reduction Act (44
types of activities are not considered EPA is approving the aforementioned U.S.C. 3501 et seq.);
emergency activities, and so would not • is certified as not having a
changes to the South Carolina SIP,
qualify for the exemption under significant economic impact on a
submitted on October 1, 2007, June 17,
paragraph II.B. Therefore, this change to substantial number of small entities
2013, and January 20, 2016, because
subparagraph I.b.2. is not expected to under the Regulatory Flexibility Act (5
they are consistent with the CAA and
result in any increase in emissions that U.S.C. 601 et seq.);
Federal regulations. EPA is publishing • does not contain any unfunded
would affect the State’s ability to attain this rule without prior proposal because
or maintain state or Federal standards or mandate or significantly or uniquely
the Agency views this as a affect small governments, as described
reasonable further progress. noncontroversial submittal and in the Unfunded Mandates Reform Act
The change at subparagraph I.b.4. anticipates no adverse comments. of 1995 (Pub. L. 104–4);
clarifies the exemption for devices However, in the proposed rules section • does not have Federalism
functioning solely as combustion of this Federal Register publication, implications as specified in Executive
control devices. The additional language EPA is publishing a separate document Order 13132 (64 FR 43255, August 10,
specifies that these devices are not that will serve as the proposal to 1999);
automatically excluded from the approve the SIP revision should adverse • is not an economically significant
exemption if waste heat is recovered comments be filed. This rule will be regulatory action based on health or
from them. This additional language is effective October 16, 2017 without safety risks subject to Executive Order
aimed at encouraging process efficiency further notice unless the Agency 13045 (62 FR 19885, April 23, 1997);
and will not interfere with attainment or receives adverse comments by • is not a significant regulatory action
maintenance of any Federal or state September 15, 2017. subject to Executive Order 13211 (66 FR
standard or reasonable further progress. If EPA receives such comments, then 28355, May 22, 2001);
EPA will publish a document • is not subject to requirements of
EPA has reviewed the October 1, withdrawing the final rule and Section 12(d) of the National
2007, SIP submittal, and is approving informing the public that the rule will Technology Transfer and Advancement
the aforementioned changes to not take effect. All adverse comments Act of 1995 (15 U.S.C. 272 note) because
Regulation 61–62.5, Standard No. 5.2, received will then be addressed in a application of those requirements would
pursuant to CAA section 110(a)(2)(A) subsequent final rule based on the be inconsistent with the CAA; and
and 110(l). proposed rule. EPA will not institute a • does not provide EPA with the
III. Incorporation by Reference second comment period. Parties discretionary authority to address, as
interested in commenting should do so appropriate, disproportionate human
In this rule, EPA is finalizing at this time. If no such comments are health or environmental effects, using
regulatory text that includes received, the public is advised that this practicable and legally permissible
incorporation by reference. In rule will be effective on October 16, methods, under Executive Order 12898
accordance with requirements of 1 CFR 2017 and no further action will be taken (59 FR 7629, February 16, 1994).
51.5, EPA is finalizing the incorporation on the proposed rule. Please note that if In addition, this direct final action for
by reference of South Carolina we receive adverse comment on an the State of South Carolina does not
Regulation 61–62.5, Standard No. 5— amendment, paragraph, or section of have Tribal implications as specified by
‘‘Volatile Organic Compounds,’’ this rule and if that provision may be Executive Order 13175 (65 FR 67249,
effective November 27, 2015, which severed from the remainder of the rule, November 9, 2000), because it does not
makes ministerial changes for we may adopt as final those provisions have substantial direct effects on an
consistency and Regulation 61–62.5, of the rule that are not the subject of an Indian Tribe. The Catawba Indian
Standard No. 5.2—‘‘Control of Oxides of adverse comment. Nation Reservation is located within the
Nitrogen (NOX),’’ effective May 25, South Carolina portion of the bi-state
V. Statutory and Executive Order Charlotte Area. Pursuant to the Catawba
2007, which makes ministerial changes Reviews Indian Claims Settlement Act, S.C. Code
for consistency and modifies
Under the CAA, the Administrator is Ann. 27–16–120, ‘‘all state and local
applicability for NOX control. Therefore,
required to approve a SIP submission environmental laws and regulations
these materials have been approved by
that complies with the provisions of the apply to the [Catawba Indian Nation]
EPA for inclusion in the SIP, have been
Act and applicable federal regulations. and Reservation and are fully
incorporated by reference by EPA into See 42 U.S.C. 7410(k); 40 CFR 52.02(a). enforceable by all relevant state and
that plan, are fully federally-enforceable Thus, in reviewing SIP submissions, local agencies and authorities.’’ EPA
under sections 110 and 113 of the CAA EPA’s role is to approve state choices, notes this action will not impose
as of the effective date of the final provided that they meet the criteria of substantial direct costs on Tribal
rulemaking of EPA’s approval, and will the CAA. Accordingly, this action governments or preempt Tribal law.
be incorporated by reference by the merely approves state law as meeting The Congressional Review Act, 5
Director of the Federal Register in the federal requirements and does not U.S.C. 801 et seq., as added by the Small
next update to the SIP compilation.3 impose additional requirements beyond Business Regulatory Enforcement
EPA has made, and will continue to those imposed by state law. For that Fairness Act of 1996, generally provides
make, these materials generally reason, this action: that before a rule may take effect, the
available through https:// • Is not a significant regulatory action agency promulgating the rule must
pmangrum on DSK3GDR082PROD with RULES
www.regulations.gov and/or at the EPA subject to review by the Office of submit a rule report, which includes a
Region 4 Office (please contact the Management and Budget under copy of the rule, to each House of the
person identified in the FOR FURTHER Executive Orders 12866 (58 FR 51735, Congress and to the Comptroller General
INFORMATION CONTACT section of this October 4, 1993) and 13563 (76 FR 3821, of the United States. EPA will submit a
preamble for more information). January 21, 2011); report containing this action and other
• does not impose an information required information to the U.S. Senate,
3 62 FR 27968 (May 22, 1997). collection burden under the provisions the U.S. House of Representatives, and
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![38828 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
the Comptroller General of the United file an immediate petition for judicial Authority: 42 U.S.C. 7401 et seq.
States prior to publication of the rule in review of this direct final rule, so that
the Federal Register. A major rule EPA can withdraw this direct final rule Subpart PP—South Carolina
cannot take effect until 60 days after it and address the comment in the
is published in the Federal Register. proposed rulemaking. This action may ■ 2. Section 52.2120(c) is amended
This action is not a ‘‘major rule’’ as not be challenged later in proceedings to under ‘‘Regulation No. 62.5’’ by:
defined by 5 U.S.C. 804(2). enforce its requirements. See section ■ a. Under ‘‘Standard No. 5’’:
Under section 307(b)(1) of the CAA, 307(b)(2).
petitions for judicial review of this ■ i. Revising the entry ‘‘Section I’’;
action must be filed in the United States List of Subjects in 40 CFR Part 52 ■ ii. Under ‘‘Section I’’ revising the
Court of Appeals for the appropriate Environmental protection, Air entries ‘‘Part A’’ and ‘‘Part G’’;
circuit by October 16, 2017. Filing a pollution control, Incorporation by ■ iii. Revising the entry ‘‘Section II’’;
petition for reconsideration by the reference, Nitrogen dioxide, Volatile
Administrator of this final rule does not ■ iv. Adding under ‘‘Section II’’ the
organic compounds.
affect the finality of this action for the entry ‘‘Part A’’; and
Dated: August 3, 2017.
purposes of judicial review nor does it ■ v. Revising under ‘‘Section II’’ the
extend the time within which a petition Anne Heard, entries ‘‘Part B’’ and ‘‘Part Q’’.
for judicial review may be filed, and Acting Regional Administrator, Region 4.
■ b. Revising the entry ‘‘Standard No.
shall not postpone the effectiveness of 40 CFR part 52 is amended as follows: 5.2’’.
such rule or action. Parties with
objections to this direct final rule are PART 52—APPROVAL AND The revisions and additions read as
encouraged to file a comment in PROMULGATION OF follows:
response to the parallel notice of IMPLEMENTATION PLANS § 52.2120 Identification of plan.
proposed rulemaking for this action
published in the proposed rules section ■ 1. The authority citation for part 52 * * * * *
of today’s Federal Register, rather than continues to read as follows: (c) * * *
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State EPA approval Federal Register
State citation Title/subject effective date notice
date
* * * * * * *
Regulation No. 62.5 ... Air Pollution Control Standards ................ ........................ ........................
* * * * * * *
Standard No. 5 .......... Volatile Organic Compounds .................... ........................ ........................
Section I ..................... General Provisions ................................... 4/26/2013 8/16/2017 [Insert citation of publication].
Part A ......................... Definitions ................................................. 4/26/2013 8/16/2017 [Insert citation of publication].
* * * * * * *
Part G ........................ Equivalency Calculations .......................... 4/26/2013 8/16/2017 [Insert citation of publication].
Section II .................... Provisions for Specific Sources ................ 11/27/2015 8/16/2017 [Insert citation of publication].
Part A ......................... Surface Coating of Cans .......................... 11/27/2015 8/16/2017 [Insert citation of publication].
Part B ......................... Surface Coating of Coils .......................... 11/27/2015 8/16/2017 [Insert citation of publication].
* * * * * * *
Part Q ........................ Manufacture of Synthesized Pharma- 4/26/2013 8/16/2017 [Insert citation of publication].
ceutical Products.
* * * * * * *
Standard No. 5.2 ....... Control of Oxides of Nitrogen (NOX) ........ 5/25/2007 8/16/2017 [Insert citation of publication].
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION ACTION: Direct final rule.
[FR Doc. 2017–17242 Filed 8–15–17; 8:45 am] AGENCY
BILLING CODE 6560–50–P SUMMARY: The Environmental Protection
40 CFR Part 52 Agency (EPA) is taking direct final
action to approve changes to the South
[EPA–R04–OAR–2017–0385; FRL–9966–20– Carolina State Implementation Plan
pmangrum on DSK3GDR082PROD with RULES
Region 4] (SIP) to revise miscellaneous rules
covering air pollution control standards.
Air Plan Approval; SC: Multiple
EPA is approving portions of SIP
Revisions to Air Pollution Control
revisions submitted by the State of
Standards
South Carolina, through the South
AGENCY: Environmental Protection Carolina Department of Health and
Agency (EPA). Environmental Control (SC DHEC), on
VerDate Sep<11>2014 14:37 Aug 15, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\16AUR1.SGM 16AUR1](https://thefederalregister.org/doc/82_FR_38982/page/4.svg)
Document Created: 2017-08-16 10:27:04
Document Modified: 2017-08-16 10:27:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | October 1, 2007, June 17, 2013, and January 20, 2016. These actions are being taken pursuant to the Clean Air Act (CAA or Act). | |
| Contact | D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 38825 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide and Volatile Organic Compounds |
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