82 FR 39537 - Air Plan Approval; SC: Miscellaneous Revisions to Multiple Rules
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 160 (August 21, 2017)
Federal Register Volume 82, Issue 160 (August 21, 2017)
| Page Range | 39537-39541 | |
| FR Document | 2017-17240 |
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)] [Rules and Regulations] [Pages 39537-39541] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17240] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0387; FRL-9966-34-Region 4] Air Plan Approval; SC: Miscellaneous Revisions to Multiple Rules 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 Carolina State Implementation Plan (SIP) to revise several miscellaneous rules, covering definitions, source tests, credible evidence, open burning, air pollution episodes, and fugitive particulate matter. 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: July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and July 27, 2016. These actions are being taken pursuant to the Clean Air Act. DATES: This direct final rule is effective October 20, 2017 without further notice, unless EPA receives adverse comment by September 20, 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-2017-0387 at http://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 http://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: [[Page 39538]] I. What action is EPA taking? On July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and July 27, 2016, SC DHEC submitted SIP revisions to EPA for approval that involve changes to South Carolina's SIP regulations to add definitions, make administrative and clarifying amendments, and correct typographical errors. These SIP submittals make changes to several air quality rules in 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- 62.1 ``Definitions and General Requirements'' at Section I-- ``Definitions,'' Regulation 61-62.1, Section IV--``Source Tests,'' Regulation 61-62.1, Section V--``Credible Evidence.'' EPA is also approving changes to Regulation 61-62.2--``Prohibition of Open Burning,'' Regulation 61-62.3--``Air Pollution Episodes'' at Section I--``Episode Criteria'' and Regulation 61-62.6--``Control of Fugitive Particulate Matter'' at Section I--``Control of Fugitive Particulate Matter in Non-Attainment Areas'' and Section III--``Control of Fugitive Particulate Matter Statewide.'' At this time, EPA is not acting on the changes detailed in Table 1 below. EPA will address all remaining changes to the South Carolina SIP as listed above in a separate action. --------------------------------------------------------------------------- \1\ In its July 18, 2011, submittal, South Carolina is removing and reserving its program for setting alternative emission limits at Regulation 61-62.5, Standard No. 6 ``Alternative Emission Limitation Options (Bubble).'' This change is not presently before EPA because we rescinded the original approval of this regulation and disapproved a further revision to the regulation on March 8, 1995 (60 FR 12700). The 1995 action disapproving a SIP revision and rescinding approval of the adoption of the regulation into the SIP was based on EPA's analysis that the rule did not meet EPA's Emissions Trading Policy Statement, Economic Incentive Program rules, nor the CAA amendments of 1990, and a March 24, 1994, request for disapproval from SC DHEC. Therefore, Regulation 61-62.5, Standard No. 6 is no longer part of the federally approved SIP, and this revision to remove and reserve the existing regulation is not before EPA for consideration. However, on May 7, 2002, EPA inadvertently approved a revision to Regulation 61-62.5, Standard No. 6 to correct typographical errors (67 FR 30594). This action was done in error since the original adoption of the Regulation was rescinded on March 8, 1995 (60 FR 12700). EPA will address the error and the incorporation by reference of Regulation 61-62.5, Standard No. 6 at 40 CFR 52.2120(c) in another action. Table 1--Other Portions of South Carolina Submittals ---------------------------------------------------------------------------------------------------------------- Submittal Regulation Status ---------------------------------------------------------------------------------------------------------------- July 18, 2011.................... Regulation 61-62.1, EPA will evaluate in a separate action. Section II. July 18, 2011.................... Regulation 61-62.5, EPA will evaluate in a separate action. Standard No. 1. July 18, 2011.................... Regulation 61-62.5, Approved April 3, 2013 (78 FR 19994). Standard No. 2. July 18, 2011.................... Regulation 61-62.5, EPA will evaluate in a separate action. Standard No. 4. July 18, 2011.................... Regulation 61-62.5, Not part of the SIP.\1\ Standard No. 6. June 17, 2013.................... Regulation 61-62.1, EPA will evaluate in a separate action. Section II. June 17, 2013.................... Regulation 61-62.5, EPA will evaluate in a separate action. Standard No. 4. June 17, 2013.................... Regulation 61-62.5, EPA will evaluate in a separate action. Standard No. 5. April 10, 2014................... Regulation 61-62.5, EPA will evaluate in a separate action. Standard No. 7. August 8, 2014................... Regulation 61-62.1, EPA will evaluate in a separate action. Section II. August 8, 2014................... Regulation 61-62.1, Approved June 12, 2015 (80 FR 33413) and May 31, 2017 Section III. (82 FR 24851). August 8, 2014................... Regulation 61-62.5, EPA will evaluate in a separate action. Standard No. 1. August 8, 2014................... Regulation 61-62.5, Approved April 3, 2013 (78 FR 19994). Standard No. 4. January 20, 2016................. Regulation 61-62.1, EPA will evaluate in a separate action. Section II. January 20, 2016................. Regulation 61-62.5, EPA will evaluate in a separate action. Standard No. 5. January 20, 2016................. Regulation 61-62.5, EPA will evaluate in a separate action. Standard No. 7.1. July 27, 2016.................... Regulation 61-62.1, EPA will evaluate in a separate action. Section II. July 27, 2016.................... Regulation 61-62.5, EPA will evaluate in a separate action. Standard No. 4. July 27, 2016.................... Regulation 61-62.5, EPA will evaluate in a separate action. Standard No. 5.2. ---------------------------------------------------------------------------------------------------------------- II. Analysis of South Carolina's Submittals A. Regulation 61-62.1, Section I--``Definitions'' South Carolina is amending its list of applicable definitions related to the regulation of air quality at Regulation 61-62.1, Section I--``Definitions.'' The July 18, 2011, submittal makes several changes to the definitions as follows: (1) Adds a definition for ``CAA [Clean Air Act];'' (2) adds definitions for ``PM2.5 ,'' or fine particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, and ``PM2.5 emissions;'' (3) revises the definition of ``fugitive emissions'' to match the federal definition at 40 CFR 51.165(a)(1)(ix), 40 CFR 51.166(b)(20), and 40 CFR 52.21(b)(20); and (4) makes other clarifying and administrative edits to definitions throughout the Section, including renumbering. The June 17, 2013, submittal further revises the definitions to make several administrative edits only. The April 10, 2014, submittal makes one revision to the definitions at Regulation 61-62.1, Section I.94.--``Volatile Organic Compound (VOC),'' to add a compound to the list of compounds determined to have negligible photochemical reactivity and therefore exempted from being considered a VOC, consistent with the federal definition. This revision in the April 10, 2014, submittal is superseded by another revision to the definition of VOC at I.94. in the August 8, 2014, submittal. This submittal changes the format of the definition of VOC at I.99., renumbered from I.94., to incorporate by reference the list of compounds exempted from the federal definition by making an explicit reference to the federal definition at 40 CFR 51.100(s). The August 8, 2014, submittal goes on to revise Section I by: (1) Adding definitions for ``Code of Federal Regulations (CFR),'' ``NAICS [North American Industrial Classification System] Code,'' and ``SIC [Standard Industrial Classification] Code;'' and (2) making administrative changes throughout. Finally, the July 27, 2016, submittal makes subsequent revisions to Section I to add the definition of ``emission'' and makes administrative edits throughout. EPA has reviewed the changes made to South Carolina's definitions and is approving the aforementioned changes to Regulation 61-62.1, Section I into the SIP pursuant to CAA section 110. [[Page 39539]] B. Regulation 61-62.1, Section IV--``Source Tests'' South Carolina is amending its rules covering source testing at Regulation 61-62.1, Section IV--``Source Tests.'' Federal implementing regulations at 40 CFR 51.212--``Testing, inspection, enforcement, and complaints,'' require, among other things, that the SIP must provide for ``periodic testing and inspection of stationary sources.'' The June 17, 2013, submittal revises the rule to make an administrative edit only. The August 8, 2014, submittal further revises the rule as follows: (1) Adds an additional requirement for site- specific test plans to account for procedures for obtaining, analyzing, and reporting source test audit samples and results; (2) adds language to provide more prescriptive requirements for notifications of testing; (3) adds language to specify that where federal regulation requires specific certification for conducting source tests, the individuals conducting the tests will meet that requirement; (4) removes language stating SC DHEC would provide audit samples to sources for required audits; (5) adds language stating that sources must purchase samples from an audit sample provider where commercially available, and including procedures for the source audits, consistent with federal rulemakings on stationary source auditing; \2\ (6) adds language to specify additional information required for the required source test report; and (7) makes administrative changes throughout the Section. --------------------------------------------------------------------------- \2\ See EPA rulemakings on September 13, 2010 (75 FR 55636) and March 28, 2011 (76 FR 17288) for more details. --------------------------------------------------------------------------- EPA has reviewed the changes made to South Carolina's rules for source testing and is approving the aforementioned changes to Regulation 61-62.1, Section IV into the SIP pursuant to CAA section 110. C. Regulation 61-62.1, Section V--``Credible Evidence'' South Carolina is making a minor change to its rules covering credible evidence at Regulation 61-62.1, Section IV--``Source Tests.'' Federal implementing regulations at 40 CFR 51.212--``Testing, inspection, enforcement, and complaints,'' require, among other things, that the SIP must not ``preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test or procedure had been performed.'' SC DHEC's SIP-approved provisions at Regulation 61-62.1, Standard V clarify State authority for enforcement and compliance certification and asserts that credible evidence is data that may be used to determine compliance or noncompliance with applicable emission limits. The August 8, 2014, submittal revises the regulation to make an administrative edit for consistency in internal citations only. EPA has reviewed the changes made to South Carolina's rules for credible evidence and is approving the aforementioned change to Regulation 61- 62.1, Section V into the SIP pursuant to CAA section 110. D. Regulation 61-62.2--``Prohibition of Open Burning'' South Carolina is making a minor change to its rules covering open burning at Regulation 61-62.2--``Prohibition of Open Burning.'' South Carolina's SIP-approved regulation prohibits open burning except in limited circumstances. The April 10, 2014, submittal revises the regulation to make an administrative edit to a referenced manual only. EPA has reviewed the changes made to South Carolina's rules for open burning and is approving the aforementioned change to Regulation 61- 62.2 into the SIP pursuant to CAA section 110. E. Regulation 61-62.3--``Air Pollution Episodes'' South Carolina is making minor changes to its rules covering air pollution episodes at Regulation 61-62.3--``Air Pollution Episodes.'' South Carolina's SIP-approved regulation defines classifications of high air pollution for public notification and outlines emission reduction plans corresponding to the different classifications. The July 18, 2011 and June 17, 2013, submittals revise the regulation at Section I--``Episode Criteria'' to make administrative edits to formatting and correct a typographical error only. EPA has reviewed the changes made to South Carolina's rules for air pollution episodes and is approving the aforementioned change to Regulation 61-62.3 into the SIP pursuant to CAA section 110. F. Regulation 61-62.6--``Control of Fugitive Particulate Matter'' South Carolina is making minor changes to its rules covering fugitive particulate matter at Regulation 61-62.6--``Control of Fugitive Particulate Matter.'' South Carolina's SIP-approved regulation describes procedures for properly controlling the release of fugitive particulate matter in nonattainment areas for particulate matter- related standards, in areas with ambient air quality concentrations at or near primary standards, and generally applicable to all areas in the state. The April 10, 2014 submittal makes changes to Section I-- ``Control of Fugitive Particulate Matter in Non-Attainment Areas'' and Section III--``Control of Fugitive Particulate Matter Statewide'' to make administrative edits only. The January 20, 2016 submittal makes a subsequent administrative edit to Section I--``Control of Fugitive Particulate Matter in Non-Attainment Areas'' only. EPA has reviewed the changes made to South Carolina's rules for controlling fugitive particulate matter and is approving the aforementioned change to Regulation 61-62.6 into the SIP pursuant to CAA section 110. 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 the following South Carolina Regulations: Regulation 61-62.1, Section I-- ``Definitions,'' effective June 24, 2016, which revises definitions applicable to the SIP; Regulation 61-62.1, Section IV--``Source Tests,'' effective June 27, 2014, which revises requirements for stationary source testing; Regulation 61-62.1, Section V--``Credible Evidence,'' effective June 27, 2014, which revises formatting for consistency; Regulation 61-62.2--``Prohibition of Open Burning,'' effective December 27, 2013, which revises formatting for consistency; Regulation 61-62.3, Section I--``Episode Criteria,'' effective April 26, 2013, which makes administrative edits to regulations prescribing air quality episodes; Regulation 61-62.6, Section I--``Control of Fugitive Particulate Matter in Non-Attainment Areas,'' effective November 27, 2015, which revises formatting; and Regulation 61-62.6, Section III--``Control of Fugitive Particulate Matter Statewide,'' effective December 27, 2013, which makes administrative language changes for consistency. Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the [[Page 39540]] next update to the SIP compilation.\3\ EPA has made, and will continue to make, these materials generally available through 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 July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and July 27, 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 20, 2017 without further notice unless the Agency receives adverse comments by September 20, 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 20, 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 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 20, 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, Carbon monoxide, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 4, 2017. V. 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. [[Page 39541]] Subpart PP--South Carolina 0 2. Section 52.2120(c) is amended by: 0 A. Under Regulation No. 62.1 revise the entries for ``Section I,'' ``Section IV,'' and ``Section V,'' 0 B. Revise Regulation No. 62.2, 0 C. Under Regulation No. 62.3, revise the entry for ``Section I,'' and 0 D. Under Regulation No. 62.6, revise ``Section I'' and ``Section III''. The revisions read as follows: Sec. 52.2120 Identification of plan. * * * * * (c) * * * Air Pollution Control Regulations for South Carolina ---------------------------------------------------------------------------------------------------------------- State EPA approval State citation Title/subject effective date date Federal Register Notice ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section I.......... Definitions....... 6/24/2016 8/21/2017 [Insert citation of publication]. * * * * * * * Section IV......... Source Tests...... 6/27/2014 8/21/2017 [Insert citation of publication]. * * * * * * * Section V.......... Credible Evidence. 6/27/2014 8/21/2017 [Insert citation of publication]. * * * * * * * Regulation No. 62.2 Prohibition of 12/27/2013 8/21/2017 [Insert citation of publication]. Open Burning. * * * * * * * Section I.......... Episode Criteria.. 4/26/2013 8/21/2017 [Insert citation of publication]. * * * * * * * Section I.......... Control of 11/27/2015 8/21/2017 [Insert citation of publication]. Fugitive Particulate Matter in Non- Attainment Areas. * * * * * * * Section III........ Control of 12/27/2013 8/21/2017 [Insert citation of publication]. Fugitive Particulate Matter Statewide. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-17240 Filed 8-18-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations 39537
we do discuss the effects of this rule navigable waters of Humboldt Bay SUMMARY: The Environmental Protection
elsewhere in this preamble. within a 300 meter radius of position: Agency (EPA) is taking direct final
40°44′31″ N., 124°12′39″ W. (NAD83). action to approve changes to the South
F. Environment
(b) Enforcement period. The zone Carolina State Implementation Plan
We have analyzed this rule under described in paragraph (a) of this (SIP) to revise several miscellaneous
Department of Homeland Security section will be enforced from 8 a.m. rules, covering definitions, source tests,
Management Directive 023–01 and until 4 p.m. on August 2, 2017 and from credible evidence, open burning, air
Commandant Instruction M16475.lD, 8 a.m. until 4 p.m. on August 30, 2017. pollution episodes, and fugitive
which guide the Coast Guard in The Captain of the Port San Francisco particulate matter. EPA is approving
complying with the National (COTP) will notify the maritime portions of SIP revisions submitted by
Environmental Policy Act of 1969 community of periods during which this the State of South Carolina, through the
(NEPA) (42 U.S.C. 4321–4370f), and zone will be enforced via Broadcast South Carolina Department of Health
have determined that this action is one Notice to Mariners in accordance with and Environmental Control (SC DHEC)
of a category of actions that do not 33 CFR 165.7. on the following dates: July 18, 2011,
individually or cumulatively have a (c) Definitions. As used in this June 17, 2013, April 10, 2014, August 8,
significant effect on the human section, ‘‘designated representative’’ 2014, January 20, 2016, and July 27,
environment. This rule involves a safety means a Coast Guard Patrol 2016. These actions are being taken
zone of limited size and duration. This Commander, including a Coast Guard pursuant to the Clean Air Act.
rule is categorically excluded from coxswain, petty officer, or other officer DATES: This direct final rule is effective
further review under paragraph 34(g) of on a Coast Guard vessel or a Federal, October 20, 2017 without further notice,
Figure 2–1 of the Commandant State, or local officer designated by or unless EPA receives adverse comment
Instruction. A Record of Environmental assisting the COTP in the enforcement by September 20, 2017. If EPA receives
Consideration is available in the docket of the safety zone. such comments, it will publish a timely
for this rulemaking. We seek any (d) Regulations. (1) Under the general withdrawal of the direct final rule in the
comments or information that may lead regulations in 33 CFR part 165, subpart Federal Register and inform the public
to the discovery of a significant C, entry into, transiting or anchoring that the rule will not take effect.
environmental impact from this rule. within this safety zone is prohibited ADDRESSES: Submit your comments,
G. Protest Activities unless authorized by the COTP or a identified by Docket ID No. EPA–R04–
designated representative. OAR–2017–0387 at http://
The Coast Guard respects the First (2) The safety zone is closed to all www.regulations.gov. Follow the online
Amendment rights of protesters. vessel traffic, except as may be instructions for submitting comments.
Protesters are asked to contact the permitted by the COTP or a designated Once submitted, comments cannot be
person listed in the FOR FURTHER representative. edited or removed from Regulations.gov.
INFORMATION CONTACT section to (3) Vessel operators desiring to enter EPA may publish any comment received
coordinate protest activities so that your or operate within the safety zone must to its public docket. Do not submit
message can be received without contact the COTP or a designated electronically any information you
jeopardizing the safety or security of representative to obtain permission to consider to be Confidential Business
people, places or vessels. do so. Vessel operators given permission Information (CBI) or other information
List of Subjects in 33 CFR Part 165 to enter or operate in the safety zone whose disclosure is restricted by statute.
must comply with all directions given to Multimedia submissions (audio, video,
Harbors, Marine safety, Navigation them by the COTP or a designated etc.) must be accompanied by a written
(water), Reporting and recordkeeping representative. Persons and vessels may comment. The written comment is
requirements, Security measures, and request permission to enter the safety considered the official comment and
Waterways. zone through the 24-hour Command should include discussion of all points
For the reasons discussed in the Center at telephone (415) 399–3547 or you wish to make. EPA will generally
preamble, the Coast Guard amends 33 on VHF channel 16. not consider comments or comment
CFR part 165 as follows: contents located outside of the primary
Dated: August 1, 2017.
Anthony J. Ceraolo,
submission (i.e., on the Web, cloud, or
PART 165—REGULATED NAVIGATION other file sharing system). For
AREAS AND LIMITED ACCESS AREAS Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
additional submission methods, the full
■ 1. The authority citation for part 165 EPA public comment policy,
[FR Doc. 2017–17655 Filed 8–18–17; 8:45 am]
continues to read as follows: information about CBI or multimedia
BILLING CODE 9110–04–P
submissions, and general guidance on
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; making effective comments, please visit
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
http://www2.epa.gov/dockets/
Department of Homeland Security Delegation ENVIRONMENTAL PROTECTION
No. 0170.1. commenting-epa-dockets.
AGENCY FOR FURTHER INFORMATION CONTACT:
■ 2. Add § 165.T11–867 to read as
follows: D. Brad Akers, Air Regulatory
40 CFR Part 52
Management Section, Air Planning and
§ 165.T11–867 Safety Zone; PG&E [EPA–R04–OAR–2017–0387; FRL–9966–34– Implementation Branch, Air, Pesticides
Evolution, King Salmon, CA. Region 4] and Toxics Management Division, U.S.
sradovich on DSK3GMQ082PROD with RULES
(a) Location. This temporary safety Environmental Protection Agency,
zone is established for the navigable Air Plan Approval; SC: Miscellaneous Region 4, 61 Forsyth Street SW.,
waters of Humboldt Bay in King Revisions to Multiple Rules Atlanta, Georgia 30303–8960. Mr. Akers
Salmon, California as depicted in AGENCY: Environmental Protection can be reached via telephone at (404)
National Oceanic and Atmospheric Agency (EPA). 562–9089 or via electronic mail at
Administration (NOAA) Chart 18622. akers.brad@epa.gov.
ACTION: Direct final rule.
The safety zone will encompass the SUPPLEMENTARY INFORMATION:
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![39538 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations
I. What action is EPA taking? Regulations Annotated (S.C. Code Ann. Episodes’’ at Section I—‘‘Episode
On July 18, 2011, June 17, 2013, April Regs.). The changes EPA is approving Criteria’’ and Regulation 61–62.6—
10, 2014, August 8, 2014, January 20, into the SIP in this action modify ‘‘Control of Fugitive Particulate Matter’’
2016, and July 27, 2016, SC DHEC portions of Regulation 61–62.1 at Section I—‘‘Control of Fugitive
submitted SIP revisions to EPA for ‘‘Definitions and General Requirements’’ Particulate Matter in Non-Attainment
approval that involve changes to South at Section I—‘‘Definitions,’’ Regulation Areas’’ and Section III—‘‘Control of
Carolina’s SIP regulations to add 61–62.1, Section IV—‘‘Source Tests,’’ Fugitive Particulate Matter Statewide.’’
definitions, make administrative and Regulation 61–62.1, Section V— At this time, EPA is not acting on the
clarifying amendments, and correct ‘‘Credible Evidence.’’ EPA is also changes detailed in Table 1 below. EPA
typographical errors. These SIP approving changes to Regulation 61– will address all remaining changes to
submittals make changes to several air 62.2—‘‘Prohibition of Open Burning,’’ the South Carolina SIP as listed above
quality rules in South Carolina Code of Regulation 61–62.3—‘‘Air Pollution in a separate action.
TABLE 1—OTHER PORTIONS OF SOUTH CAROLINA SUBMITTALS
Submittal Regulation Status
July 18, 2011 ......................................................... Regulation 61–62.1, Section II ............................. EPA will evaluate in a separate action.
July 18, 2011 ......................................................... Regulation 61–62.5, Standard No. 1 ................... EPA will evaluate in a separate action.
July 18, 2011 ......................................................... Regulation 61–62.5, Standard No. 2 ................... Approved April 3, 2013 (78 FR 19994).
July 18, 2011 ......................................................... Regulation 61–62.5, Standard No. 4 ................... EPA will evaluate in a separate action.
July 18, 2011 ......................................................... Regulation 61–62.5, Standard No. 6 ................... Not part of the SIP.1
June 17, 2013 ....................................................... Regulation 61–62.1, Section II ............................. EPA will evaluate in a separate action.
June 17, 2013 ....................................................... Regulation 61–62.5, Standard No. 4 ................... EPA will evaluate in a separate action.
June 17, 2013 ....................................................... Regulation 61–62.5, Standard No. 5 ................... EPA will evaluate in a separate action.
April 10, 2014 ........................................................ Regulation 61–62.5, Standard No. 7 ................... EPA will evaluate in a separate action.
August 8, 2014 ...................................................... Regulation 61–62.1, Section II ............................. EPA will evaluate in a separate action.
August 8, 2014 ...................................................... Regulation 61–62.1, Section III ............................ Approved June 12, 2015 (80 FR 33413)
and May 31, 2017 (82 FR 24851).
August 8, 2014 ...................................................... Regulation 61–62.5, Standard No. 1 ................... EPA will evaluate in a separate action.
August 8, 2014 ...................................................... Regulation 61–62.5, Standard No. 4 ................... Approved April 3, 2013 (78 FR 19994).
January 20, 2016 .................................................. Regulation 61–62.1, Section II ............................. EPA will evaluate in a separate action.
January 20, 2016 .................................................. Regulation 61–62.5, Standard No. 5 ................... EPA will evaluate in a separate action.
January 20, 2016 .................................................. Regulation 61–62.5, Standard No. 7.1 ................ EPA will evaluate in a separate action.
July 27, 2016 ......................................................... Regulation 61–62.1, Section II ............................. EPA will evaluate in a separate action.
July 27, 2016 ......................................................... Regulation 61–62.5, Standard No. 4 ................... EPA will evaluate in a separate action.
July 27, 2016 ......................................................... Regulation 61–62.5, Standard No. 5.2 ................ EPA will evaluate in a separate action.
II. Analysis of South Carolina’s to definitions throughout the Section, exempted from the federal definition by
Submittals including renumbering. The June 17, making an explicit reference to the
2013, submittal further revises the federal definition at 40 CFR 51.100(s).
A. Regulation 61–62.1, Section I—
definitions to make several The August 8, 2014, submittal goes on
‘‘Definitions’’
administrative edits only. to revise Section I by: (1) Adding
South Carolina is amending its list of The April 10, 2014, submittal makes definitions for ‘‘Code of Federal
applicable definitions related to the one revision to the definitions at Regulations (CFR),’’ ‘‘NAICS [North
regulation of air quality at Regulation Regulation 61–62.1, Section I.94.— American Industrial Classification
61–62.1, Section I—‘‘Definitions.’’ The ‘‘Volatile Organic Compound (VOC),’’ to System] Code,’’ and ‘‘SIC [Standard
July 18, 2011, submittal makes several add a compound to the list of Industrial Classification] Code;’’ and (2)
changes to the definitions as follows: (1) compounds determined to have making administrative changes
Adds a definition for ‘‘CAA [Clean Air negligible photochemical reactivity and throughout.
Act];’’ (2) adds definitions for ‘‘PM2.5,’’ therefore exempted from being
or fine particulate matter with an considered a VOC, consistent with the Finally, the July 27, 2016, submittal
aerodynamic diameter less than or equal federal definition. This revision in the makes subsequent revisions to Section I
to a nominal 2.5 micrometers, and April 10, 2014, submittal is superseded to add the definition of ‘‘emission’’ and
‘‘PM2.5 emissions;’’ (3) revises the by another revision to the definition of makes administrative edits throughout.
definition of ‘‘fugitive emissions’’ to VOC at I.94. in the August 8, 2014, EPA has reviewed the changes made to
match the federal definition at 40 CFR submittal. This submittal changes the South Carolina’s definitions and is
51.165(a)(1)(ix), 40 CFR 51.166(b)(20), format of the definition of VOC at I.99., approving the aforementioned changes
and 40 CFR 52.21(b)(20); and (4) makes renumbered from I.94., to incorporate by to Regulation 61–62.1, Section I into the
other clarifying and administrative edits reference the list of compounds SIP pursuant to CAA section 110.
1 In its July 18, 2011, submittal, South Carolina the regulation into the SIP was based on EPA’s inadvertently approved a revision to Regulation 61–
sradovich on DSK3GMQ082PROD with RULES
is removing and reserving its program for setting analysis that the rule did not meet EPA’s Emissions 62.5, Standard No. 6 to correct typographical errors
alternative emission limits at Regulation 61–62.5, Trading Policy Statement, Economic Incentive (67 FR 30594). This action was done in error since
Standard No. 6 ‘‘Alternative Emission Limitation Program rules, nor the CAA amendments of 1990, the original adoption of the Regulation was
Options (Bubble).’’ This change is not presently and a March 24, 1994, request for disapproval from
rescinded on March 8, 1995 (60 FR 12700). EPA
before EPA because we rescinded the original SC DHEC. Therefore, Regulation 61–62.5, Standard
approval of this regulation and disapproved a No. 6 is no longer part of the federally approved will address the error and the incorporation by
further revision to the regulation on March 8, 1995 SIP, and this revision to remove and reserve the reference of Regulation 61–62.5, Standard No. 6 at
(60 FR 12700). The 1995 action disapproving a SIP existing regulation is not before EPA for 40 CFR 52.2120(c) in another action.
revision and rescinding approval of the adoption of consideration. However, on May 7, 2002, EPA
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![39540 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations
next update to the SIP compilation.3 federal requirements and does not The Congressional Review Act, 5
EPA has made, and will continue to impose additional requirements beyond U.S.C. 801 et seq., as added by the Small
make, these materials generally those imposed by state law. For that Business Regulatory Enforcement
available through www.regulations.gov reason, this action: Fairness Act of 1996, generally provides
and/or at the EPA Region 4 Office • Is not a significant regulatory action that before a rule may take effect, the
(please contact the person identified in subject to review by the Office of agency promulgating the rule must
the FOR FURTHER INFORMATION CONTACT Management and Budget under submit a rule report, which includes a
section of this preamble for more Executive Orders 12866 (58 FR 51735, copy of the rule, to each House of the
information). October 4, 1993) and 13563 (76 FR 3821, Congress and to the Comptroller General
IV. Final Action January 21, 2011); of the United States. EPA will submit a
• does not impose an information report containing this action and other
EPA is approving the aforementioned collection burden under the provisions required information to the U.S. Senate,
changes to the South Carolina SIP, of the Paperwork Reduction Act (44 the U.S. House of Representatives, and
submitted on July 18, 2011, June 17, U.S.C. 3501 et seq.); the Comptroller General of the United
2013, April 10, 2014, August 8, 2014, • is certified as not having a States prior to publication of the rule in
January 20, 2016, and July 27, 2016 significant economic impact on a the Federal Register. A major rule
because they are consistent with the substantial number of small entities cannot take effect until 60 days after it
CAA and federal regulations. EPA is under the Regulatory Flexibility Act (5 is published in the Federal Register.
publishing this rule without prior U.S.C. 601 et seq.); This action is not a ‘‘major rule’’ as
proposal because the Agency views this • does not contain any unfunded defined by 5 U.S.C. 804(2).
as a noncontroversial submittal and mandate or significantly or uniquely Under section 307(b)(1) of the CAA,
anticipates no adverse comments. petitions for judicial review of this
affect small governments, as described
However, in the proposed rules section action must be filed in the United States
in the Unfunded Mandates Reform Act
of this Federal Register publication, Court of Appeals for the appropriate
of 1995 (Pub. L. 104–4);
EPA is publishing a separate document
• does not have Federalism circuit by October 20, 2017. Filing a
that will serve as the proposal to petition for reconsideration by the
implications as specified in Executive
approve the SIP revision should adverse Administrator of this final rule does not
Order 13132 (64 FR 43255, August 10,
comments be filed. This rule will be affect the finality of this action for the
1999);
effective October 20, 2017 without
further notice unless the Agency • is not an economically significant purposes of judicial review nor does it
regulatory action based on health or extend the time within which a petition
receives adverse comments by for judicial review may be filed, and
September 20, 2017. safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997); shall not postpone the effectiveness of
If EPA receives such comments, then
EPA will publish a document • is not a significant regulatory action such rule or action. Parties with
subject to Executive Order 13211 (66 FR objections to this direct final rule are
withdrawing the final rule and
28355, May 22, 2001); encouraged to file a comment in
informing the public that the rule will
• is not subject to requirements of response to the parallel notice of
not take effect. All adverse comments
Section 12(d) of the National proposed rulemaking for this action
received will then be addressed in a
Technology Transfer and Advancement published in the proposed rules section
subsequent final rule based on the
Act of 1995 (15 U.S.C. 272 note) because of today’s Federal Register, rather than
proposed rule. EPA will not institute a
application of those requirements would file an immediate petition for judicial
second comment period. Parties
be inconsistent with the CAA; and review of this direct final rule, so that
interested in commenting should do so
• does not provide EPA with the EPA can withdraw this direct final rule
at this time. If no such comments are
discretionary authority to address, as and address the comment in the
received, the public is advised that this
appropriate, disproportionate human proposed rulemaking. This action may
rule will be effective on October 20,
health or environmental effects, using not be challenged later in proceedings to
2017 and no further action will be taken
practicable and legally permissible enforce its requirements. See section
on the proposed rule. Please note that if
methods, under Executive Order 12898 307(b)(2).
we receive adverse comment on an
amendment, paragraph, or section of (59 FR 7629, February 16, 1994). List of Subjects in 40 CFR Part 52
this rule and if that provision may be In addition, this direct final action for
Environmental protection, Air
severed from the remainder of the rule, the State of South Carolina does not
pollution control, Carbon monoxide,
we may adopt as final those provisions have Tribal implications as specified by
Incorporation by reference, Lead,
of the rule that are not the subject of an Executive Order 13175 (65 FR 67249,
Nitrogen dioxide, Ozone, Particulate
adverse comment. November 9, 2000), because it does not
matter, Reporting and recordkeeping
have substantial direct effects on an
V. Statutory and Executive Order requirements, Sulfur oxides, Volatile
Indian Tribe. The Catawba Indian
Reviews organic compounds.
Nation Reservation is located within the
Under the CAA, the Administrator is South Carolina portion of the bi-state Dated: August 4, 2017.
required to approve a SIP submission Charlotte Area. Pursuant to the Catawba V. Anne Heard,
that complies with the provisions of the Indian Claims Settlement Act, S.C. Code Acting Regional Administrator, Region 4.
Act and applicable federal regulations. Ann. 27–16–120, ‘‘all state and local 40 CFR part 52 is amended as follows:
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). environmental laws and regulations
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Thus, in reviewing SIP submissions, apply to the [Catawba Indian Nation] PART 52—APPROVAL AND
EPA’s role is to approve state choices, and Reservation and are fully PROMULGATION OF
provided that they meet the criteria of enforceable by all relevant state and IMPLEMENTATION PLANS
the CAA. Accordingly, this action local agencies and authorities.’’ EPA
merely approves state law as meeting notes this action will not impose ■ 1. The authority citation for part 52
substantial direct costs on Tribal continues to read as follows:
3 62 FR 27968 (May 22, 1997). governments or preempt Tribal law. Authority: 42 U.S.C. 7401 et seq.
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![Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations 39541
Subpart PP—South Carolina ■ B. Revise Regulation No. 62.2, § 52.2120 Identification of plan.
■ C. Under Regulation No. 62.3, revise * * * * *
■ 2. Section 52.2120(c) is amended by: the entry for ‘‘Section I,’’ and
■ A. Under Regulation No. 62.1 revise ■ D. Under Regulation No. 62.6, revise
(c) * * *
the entries for ‘‘Section I,’’ ‘‘Section IV,’’ ‘‘Section I’’ and ‘‘Section III’’.
and ‘‘Section V,’’ The revisions read as follows:
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State EPA
State citation Title/subject Federal Register Notice
effective date approval date
* * * * * * *
Section I ....... Definitions ................................................................................. 6/24/2016 8/21/2017 [Insert citation of publication].
* * * * * * *
Section IV ..... Source Tests ............................................................................ 6/27/2014 8/21/2017 [Insert citation of publication].
* * * * * * *
Section V ...... Credible Evidence .................................................................... 6/27/2014 8/21/2017 [Insert citation of publication].
* * * * * * *
Regulation Prohibition of Open Burning ..................................................... 12/27/2013 8/21/2017 [Insert citation of publication].
No. 62.2.
* * * * * * *
Section I ....... Episode Criteria ........................................................................ 4/26/2013 8/21/2017 [Insert citation of publication].
* * * * * * *
Section I ....... Control of Fugitive Particulate Matter in Non-Attainment 11/27/2015 8/21/2017 [Insert citation of publication].
Areas.
* * * * * * *
Section III ..... Control of Fugitive Particulate Matter Statewide ..................... 12/27/2013 8/21/2017 [Insert citation of publication].
* * * * * * *
* * * * * submitted a petition to EPA under the and the telephone number for the OPP
[FR Doc. 2017–17240 Filed 8–18–17; 8:45 am] Federal Food, Drug, and Cosmetic Act Docket is (703) 305–5805. Please review
BILLING CODE 6560–50–P (FFDCA), requesting this amendment. the visitor instructions and additional
This regulation eliminates the need to information about the docket available
establish a maximum permissible level at http://www.epa.gov/dockets.
ENVIRONMENTAL PROTECTION for residues of naphthalenesulfonic FOR FURTHER INFORMATION CONTACT:
AGENCY acids formaldehyde condensates, Michael Goodis, Registration Division
potassium salts, when used consistent (7505P), Office of Pesticide Programs,
40 CFR Part 180 with the terms. Environmental Protection Agency, 1200
[EPA–HQ–OPP–2016–0500; FRL–9964–21] DATES: This regulation is effective Pennsylvania Ave. NW., Washington,
August 21, 2017. Objections and DC 20460–0001; main telephone
Potassium Salts of requests for hearings must be received number: (703) 305–7090; email address:
Naphthalenesulfonic Acids on or before October 20, 2017, and must RDFRNotices@epa.gov.
Formaldehyde Condensates; be filed in accordance with the
Exemption From the Requirement of a SUPPLEMENTARY INFORMATION:
instructions provided in 40 CFR part
Tolerance 178 (see also Unit I.C. of the I. General Information
AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION).
A. Does this action apply to me?
Agency (EPA). ADDRESSES: The docket for this action,
identified by docket identification (ID) You may be potentially affected by
ACTION: Final rule.
number EPA–HQ–OPP–2016–0500, is this action if you are an agricultural
SUMMARY: This regulation establishes an available at http://www.regulations.gov producer, food manufacturer, or
exemption from the requirement of a or at the Office of Pesticide Programs pesticide manufacturer. The following
tolerance for residues of Regulatory Public Docket (OPP Docket) list of North American Industrial
naphthalenesulfonic acids in the Environmental Protection Agency Classification System (NAICS) codes is
formaldehyde condensates, potassium Docket Center (EPA/DC), West William not intended to be exhaustive, but rather
sradovich on DSK3GMQ082PROD with RULES
salts (CAS Reg. No. 67828–14–2) when Jefferson Clinton Bldg., Rm. 3334, 1301 provides a guide to help readers
used as an inert ingredient (surfactant Constitution Ave. NW., Washington, DC determine whether this document
and related adjuvant of surfactants) 20460–0001. The Public Reading Room applies to them. Potentially affected
applied to growing crops and raw is open from 8:30 a.m. to 4:30 p.m., entities may include:
agricultural commodities after harvest Monday through Friday, excluding legal • Crop production (NAICS code 111).
by amending an existing exemption for holidays. The telephone number for the • Animal production (NAICS code
similar substances. Monsanto Company Public Reading Room is (202) 566–1744, 112).
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Document Created: 2017-08-19 00:44:48
Document Modified: 2017-08-19 00:44:48
| 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 | July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and July 27, 2016. These actions are being taken pursuant to the Clean Air 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 39537 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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