83 FR 14591 - Air Plan Approval; South Carolina; Update to Materials Incorporated by Reference
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 66 (April 5, 2018)
Federal Register Volume 83, Issue 66 (April 5, 2018)
| Page Range | 14591-14597 | |
| FR Document | 2018-06796 |
[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)] [Rules and Regulations] [Pages 14591-14597] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06796] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [SC-2017; FRL-9974-17--Region 4] Air Plan Approval; South Carolina; Update to Materials Incorporated by Reference AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; notification of administrative change. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the South Carolina state implementation plan (SIP). The regulations affected by this update have been previously submitted by South Carolina and approved by EPA. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office. DATES: This action is effective April 5, 2018. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, GA 30303; and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. To view the materials at the Region 4 Office, EPA requests that you email the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory [[Page 14592]] 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. Lakeman can be reached via telephone at (404) 562-9043 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to EPA. Once these control measures and strategies are approved by EPA, and after notice and comment, they are incorporated into the federally-approved SIP and are identified in part 52--``Approval and Promulgation of Implementation Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by EPA is not reproduced in its entirety in 40 CFR part 52, but is ``incorporated by reference.'' This means that EPA has approved a given state regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows EPA and the public to monitor the extent to which a state implements a SIP to attain and maintain the NAAQS and to take enforcement action if necessary. The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state. Therefore, EPA from time to time must take action on proposed revisions containing new and/or revised state regulations. A submission from a state can revise one or more rules in their entirety or portions of rules, or even change a single word. The state indicates the changes in the submission (such as, by using redline/strikethrough) and EPA then takes action on the requested changes. EPA establishes a docket for its actions using a unique Docket Identification Number, which is listed in each action. These dockets and the complete submission are available for viewing on www.regulations.gov. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference, into the Code of Federal Regulations, materials approved by EPA into each state SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing EPA approval of revisions to a SIP, and streamlined the mechanisms for EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for EPA to maintain ``SIP Compilations'' that contain the federally-approved regulations and source specific permits submitted by each state agency. These SIP Compilations are contained in 3-ring binders and are updated primarily on an annual basis. Under the revised procedures, EPA must periodically publish an informational document in the rules section of the Federal Register notifying the public that updates have been made to a SIP Compilation for a particular state. EPA applied the 1997 revised procedures to South Carolina on July 1, 1997 (62 FR 35441). II. EPA Action This action represents EPA's publication of the South Carolina SIP Compilation update, appearing in 40 CFR part 52: specifically, the materials in paragraph (c) and (d) at 40 CFR 52.2120. In addition, notice is provided of the following corrections to the table in paragraph (C) of Sec. 52.2120, as described below: A. Reformatting the Table by combining the ``EPA approval date'' and ``Federal Register notice'' columns and adding a new column titled ``Explanation''. B. Correcting typographical errors, state effective dates, EPA approval dates and Federal Register citations listed in the table in paragraph (c), as described below: 1. Under the ``State effective date'' and ``EPA approval date'' the 2-digit year was changed to reflect a 4-digit year (for consistency) and numerous Federal Register citations were corrected to reflect the first page of the preamble opposed to the regulatory text page. 2. Under Regulation No. 62.1, ``Section IV'' the State effective date was revised to read ``6/27/2014'' and EPA approval date was revised to read ``8/21/2017, 82 FR 39537.'' 3. Under Regulation No. 62.1, ``Section IV'' the State effective date was revised to read ``6/27/2014'' and EPA approval date was revised to read ``8/21/2017, 82 FR 39537.'' 4. Under Regulation No. 62.5, Standard No. 1, ``Section VII'' the entry was removed from the table because the rule was repealed. 5. Under Regulation No. 62.5, Standard No. 4, ``Section II'' the State effective date was revised to read ``4/22/1988'' and EPA approval date was revised to read ``10/3/1989, 54 FR 40659.'' 5. Under Regulation No. 62.5, Standard No. 4, ``Section XIII'' the entry was removed from the table because the rule was repealed. 6. Under Regulation No. 62.5, Standard No. 5, ``Section I'' the State effective date was revised to read ``4/26/2013'' and EPA approval date was revised to read ``8/16/2017, 82 FR 38825.'' 7. Under Regulation No. 62.5, Standard No. 5, Section I, ``Part A'' the State effective date was revised to read ``4/26/2013'' and EPA approval date was revised to read ``8/16/2017, 82 FR 38825.'' 8. Under Regulation No. 62.5, Standard No. 5, Section I, ``Part G'' the State effective date was revised to read ``4/26/2013'' and EPA approval date was revised to read ``8/16/2017, 82 FR 38825.'' 9. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part A'' the entry was reinserted after inadvertently being removed, and the State effective date was revised to read ``11/27/2015'' and EPA approval date was revised to read ``8/16/2017, 82 FR 38825.'' 10. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part B'' the State effective date was revised to read ``11/27/2015'' and EPA approval date was revised to read ``8/16/2017, 82 FR 38825.'' 11. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part I'' the entry was removed from the table because the rule was reserved and was never approved into the SIP. 12. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part J'' the entry was removed from the table because the rule was reserved and was never approved into the SIP. 13. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part K'' the entry was removed from the table because the rule was reserved and was never approved into the SIP. 14. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part L'' the entry was removed from the table because the rule was reserved and was never approved into the SIP. 15. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part M'' the [[Page 14593]] entry was removed from the table because the rule was reserved and was never approved into the SIP. 16. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part Q'' the State effective date was revised to read ``4/26/2013'' and EPA approval date was revised to read ``8/16/2017, 82 FR 38825.'' 17. Under Regulation No. 62.5, ``Standard No. 6'' and subentries for ``Sections I--III'' the entries were removed from the table because they had previously been disapproved and the original approval rescinded from the SIP. See 60 FR 12700 (March 8, 1995). Additionally, EPA inadvertently added these sections back to the table when administrative edits were included alongside a SIP revision. See 67 FR 30594 (May 7, 2002). 18. Under Regulation No. 62.5, Standard No. 7.1, ``Section I'' entry was removed from the table because it had previously been consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594 (May 7, 2002). 19. Under Regulation No. 62.5, Standard No. 7.1, ``Section II'' entry was removed from the table because it had previously been consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594 (May 7, 2002). 20. Under Regulation No. 62.5, Standard No. 7.1, ``Section III'' entry was removed from the table because it had previously been consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594 (May 7, 2002). 21. Under Regulation No. 62.5, Standard No. 7.1, ``Section IV'' entry was removed from the table because it had previously been consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594 (May 7, 2002). 22. Footnote 1 was removed and inserted in the explanation column under Regulation No. 62.5, Standard No. 7 and Standard No. 7.1. III. Good Cause Exemption EPA has determined that this action falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding ``good cause,'' authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved state programs and corrects typographical errors appearing in the CFR. Under section 553(b)(3)(B) of the APA, an agency may find good cause where procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Public comment for this administrative action is ``unnecessary'' and ``contrary to the public interest'' since the codification (and typographical corrections) only reflect existing law. Immediate notice of this action in the Federal Register benefits the public by providing the public notice of the updated South Carolina SIP Compilation and notice of typographical corrections to the South Carolina ``Identification of Plan'' portion of the Federal Register. Further, pursuant to section 553(d)(3), making this action immediately effective benefits the public by immediately updating both the SIP compilation and the CFR ``Identification of plan'' section (which includes table entry corrections). IV. 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 previously EPA-approved regulations promulgated by South Carolina and federally effective prior to October 1, 2017. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). 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 notice of administrative change 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 notice of administrative change 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 [[Page 14594]] is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). EPA also believes that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. This is because prior EPA rulemaking actions for each individual component of the South Carolina SIP compilations previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA believes judicial review of this action under section 307(b)(1) of the CAA is not available. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: January 26, 2018. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority for 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 is amended by revising paragraphs (b), (c), and (d) to read as follows: Sec. 52.2120 Identification of plan. * * * * * (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to October 1, 2017 was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after October 1, 2017 will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1) of this section. (3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta, GA 30303. To obtain the material, please call (404) 562-9022. You may inspect the material with an EPA approval date prior to October 1, 2017, for South Carolina at the National Archives and Records Administration. For information on the availability of this material at NARA go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (c) EPA Approved South Carolina Regulations. Air Pollution Control Regulations for South Carolina ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Regulation No. 62.1........... Definitions and 6/26/1998 8/10/2004, 69 FR General Requirements. 48395. Section I..................... Definitions........... 11/26/2010 4/3/2013, 78 FR 19997. Section II.................... Permit Requirements... 6/24/2005 6/2/2008, 73 FR 31369. Section III................... Emission Inventory and 9/23/2016 5/31/2017, 82 FR Emissions Statement. 24853. Section IV.................... Source Tests.......... 6/27/2014 8/21/2017, 82 FR 39537. Section V..................... Credible Evidence..... 6/27/2014 8/21/2017, 82 FR 39537. Regulation No. 62.2........... Prohibition of Open 6/25/2004 8/26/2005, 70 FR Burning. 50195. Regulation No. 62.3........... Air Pollution Episodes Section I..................... Episode Criteria...... 4/26/2013 8/21/2017, 82 FR 39541. Section II.................... Emission Reduction 4/22/1988 10/3/1989, 54 FR Requirements. 40659. Regulation No. 62.4........... Hazardous Air 12/20/1978 1/29/1980, 45 FR Pollution Conditions. 6572. Regulation No. 62.5........... Air Pollution Control Standards. Standard No. 1................ Emissions from Fuel Burning Operations. Section I..................... Visible Emissions..... 10/26/2001 5/7/2002, 67 FR 30594. Section II.................... Particulate Matter 4/22/1988 10/3/1989, 54 FR Emissions. 40659. Section III................... Sulfur Dioxide 3/3/1983 10/29/1984, 49 FR Emissions. 43469. Section IV.................... Opacity Monitoring 4/22/1988 7/2/1990, 55 FR Requirements. 27226. Section V..................... Exemptions............ 5/24/1985 10/3/1989, 54 FR 40659. Section VI.................... Periodic Testing...... 6/26/1998 8/10/2004, 69 FR 48395. Standard No. 2................ Ambient Air Quality 9/23/2016 6/29/2017, 82 FR Standards. 29418. Standard No. 4................ Emissions From Process Industries. Section I..................... General............... 2/28/1986 2/17/1987, 52 FR 4772. Section II.................... Sulfuric Acid 4/22/1988 10/3/1989, 54 FR Manufacturing. 40659. Section III................... Kraft Pulp and Paper 4/22/1988 10/3/1989, 54 FR Manufacturing Plants. 40659. Section IV.................... Portland Cement 2/28/1986 2/17/1987, 52 FR Manufacturing. 4772. [[Page 14595]] Section V..................... Cotton Gins........... 10/26/2001 5/7/2002, 67 FR 30594. Section VI.................... Hot Mix Asphalt 5/24/1985 10/3/1989, 54 FR Manufacturing. 40659. Section VII................... Metal Refining........ 2/28/1986 2/17/1987, 52 FR 4772. Section VIII.................. Other Manufacturing... 10/26/2001 5/7/2002, 67 FR 30594. Section IX.................... Visible Emissions..... 4/22/1988 7/2/1990, 55 FR 27226. Section X..................... Non-Enclosed 4/22/1988 7/2/1990, 55 FR Operations. 27226. Section XI.................... Total Reduced Sulfur 10/26/2001 5/7/2002, 67 FR Emissions of Kraft 30594. Pulp Mills. Section XII................... Periodic Testing...... 6/26/1998 8/10/2004, 69 FR 48395. Standard No. 5................ Volatile Organic Compounds. Section I..................... General Provisions.... 4/26/2013 8/16/2017, 82 FR 38825. Part A........................ Definitions........... 4/26/2013 8/16/2017, 82 FR 38825. Part B........................ General Applicability. 10/26/2001 5/7/2002, 67 FR 30594. Part C........................ Alternatives and 10/26/2001 5/7/2002, 67 FR Exceptions to Control 30594. Requirements. Part D........................ Compliance Schedules.. 10/26/2001 5/7/2002, 67 FR 30594. Part E........................ Volatile Organic 6/26/1998 8/10/2004, 69 FR Compound Compliance 48395. Testing. Part F........................ Recordkeeping, 10/26/2001 5/7/2002, 67 FR Reporting, Monitoring. 30594. Part G........................ Equivalency 4/26/2013 8/16/2017, 82 FR Calculations. 38825. Section II.................... Provisions for Specific Sources. Part A........................ Surface Coating of 11/27/2015 8/16/2017, 82 FR Cans. 38825. Part B........................ Surface Coating of 11/27/2015 8/16/2017, 82 FR Coils. 38825. Part C........................ Surface Coating of 8/24/1990 2/4/1992, 57 FR Paper, Vinyl, and 4158. Fabric. Part D........................ Surface Coating of 8/24/1990 2/4/1992, 57 FR Metal Furniture and 4158. Large Appliances. Part E........................ Surface Coating of 10/26/2001 5/7/2002, 67 FR Magnet Wire. 30594. Part F........................ Surface Coating of 10/26/2001 5/7/2002, 67 FR Miscellaneous Metal 30594. Parts and Products. Part G........................ Surface Coating of 2/25/1983 10/31/1983, 48 FR Flat Wood Paneling. 50078. Part H........................ Graphic Arts-- 2/25/1983 10/31/1983, 48 FR Rotogravure 50078. Flexography. Part N........................ Solvent Metal Cleaning 10/26/2001 5/7/2002, 67 FR 30594. Part O........................ Petroleum Liquid 2/25/1983 10/31/1983, 48 FR Storage in Fixed Roof 50078. Tanks. Part P........................ Petroleum Liquid 2/25/1983 10/31/1983, 48 FR Storage in External 50078. Floating Roof Tanks. Part Q........................ Manufacture of 4/26/2013 8/16/2017, 82 FR Synthesized 38825. Pharmaceutical Products. Part R........................ Manufacture of 2/25/1983 10/31/1983, 48 FR Pneumatic Rubber 50078. Tires. Part S........................ Cutback Asphalt....... 6/13/1979 12/16/1981, 46 FR 61268. Part T........................ Bulk Gasoline 2/25/1983 10/31/1983, 48 FR Terminals and Vapor 50078. Collection Systems. Standard No. 5.2.............. Control of Oxides of 6/25/2004 8/26/2005, 70 FR Nitrogen (NOX). 50195. [[Page 14596]] Standard No. 7................ Prevention of 6/26/2015 8/10/2017, 82 FR EPA did not take Significant 37299. action on the Deterioration. version of Regulation 61-62.5, Standard No. 7, paragraph (b)(32)(i)(a) state effective on December 27, 2013, included in a SIP revision submitted by the State on April 10, 2014, because this version contains changes to a phrase regarding ethanol production facilities that is not in the SIP. South Carolina submitted a SIP revision on April 14, 2009, that includes the phrase ``except ethanol production facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or 312140,'' as amended in the Ethanol Rule (May 1, 2007), at Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and at Standard No. 7.1, paragraphs (c)7(C)(xx) and (e)(T). EPA has not taken action to approve that portion of the April 14, 2009, SIP revision and incorporate this phrase into the SIP. The version of Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and Standard No. 7.1, paragraphs (c)(7)(C)(xx) and (e)(T) was state effective on June 24, 2005 and conditionally approved by EPA on June 2, 2008, and were fully approved on June 23, 2011. Standard No. 7.1.............. Nonattainment New 11/27/2015 8/10/2017, 82 FR EPA did not take Source Review. 37299. action on the version of Regulation 61-62.5, Standard No. 7, paragraph (b)(32)(i)(a) state effective on December 27, 2013, included in a SIP revision submitted by the State on April 10, 2014, because this version contains changes to a phrase regarding ethanol production facilities that is not in the SIP. South Carolina submitted a SIP revision on April 14, 2009, that includes the phrase ``except ethanol production facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or 312140,'' as amended in the Ethanol Rule (May 1, 2007), at Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and at Standard No. 7.1, paragraphs (c)7(C)(xx) and (e)(T). EPA has not taken action to approve that portion of the April 14, 2009, SIP revision and incorporate this phrase into the SIP. The version of Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and Standard No. 7.1, paragraphs (c)(7)(C)(xx) and (e)(T) was state effective on June 24, 2005 and conditionally approved by EPA on June 2, 2008, and were fully approved on June 23, 2011. Regulation No. 62.6........... Control of Fugitive 5/24/1985 10/3/1989, 54 FR Particulate Matter. 40659. Section I..................... Control of Fugitive 11/27/2015 8/21/2017, 82 FR Particulate Matter in 39541. Non-Attainment Areas. Section II.................... Control of Fugitive 5/24/1985 10/3/1989, 54 FR Particulate Matter in 40659. Problem Areas. Section III................... Control of Fugitive 12/27/2013 8/21/2017, 82 FR Particulate Matter 39541. Statewide. Section IV.................... Effective Date........ 5/24/1985 10/3/1989, 54 FR 40659. Regulation No. 62.7........... Good Engineering 5/23/1986 5/28/1987, 52 FR Practice Stack Height. 19858. Section I..................... General............... 5/23/1986 5/28/1987, 52 FR 19858. Section II.................... Applicability......... 5/23/1986 5/28/1987, 52 FR 19858. Section III................... Definitions and 5/23/1986 5/28/1987, 52 FR Conditions. 19858. Section IV.................... Public Participation.. 5/23/1986 5/28/1987, 52 FR 19858. Regulation No. 62.96.......... Nitrogen Oxides (NOX) 10/24/2008 10/16/2009, 74 FR and Sulfur Dioxide 53167. (SO2) Budget Trading Program General Provisions. [[Page 14597]] Regulation No. 62.97.......... Cross-State Air 8/25/2017 10/13/2017, 82 FR Pollution Rule 47939. (CSAPR) Trading Program. Regulation No. 62.99.......... Nitrogen Oxides (NOX) 5/24/2002 6/28/2002, 67 FR Budget Program 43546. Requirements for Stationary Sources Not in the Trading Program. S.C. Code Ann................. Ethics Reform Act..... Section 8-13-100(31).......... Definitions........... 1/1/1992 8/1/2012, 77 FR 45492. Section 8-13-700(A) and (B)... Use of official 1/1/1992 8/1/2012, 77 FR position or office 45492. for financial gain; disclosure of potential conflict of interest. Section 8-13-730.............. Membership on or 1/1/1992 8/1/2012, 77 FR employment by 45492. regulatory agency of person associated with regulated business. ---------------------------------------------------------------------------------------------------------------- (d) EPA-Approved State Source-Specific Requirements. EPA-Approved South Carolina State Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State Name of source Permit No. effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- Transcontinental Gas Pipeline 2060-0179-CD 4/27/2004 4/23/2009, 74 FR This permit is Corporation Station 140. 18471. incorporated in fulfillment of the NOX SIP Call Phase II requirements for South Carolina. ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-06796 Filed 4-4-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations 14591
Governments, because it will impact coordinate protest activities so that your (c) Enforcement periods. The safety
vessel traffic in the West Duwamish message can be received without zone described in paragraph (a) of this
Waterway. The Coast Guard consulted jeopardizing the safety or security of section will be enforced by the Captain
with the Muckleshoot tribe on the people, places or vessels. of the Port only upon notice. Notice of
NPRM that preceded this rule. In order enforcement by the Captain of the Port
List of Subjects in 33 CFR Part 165
to reach an agreeable timeframe that will be provided prior to execution of
avoids impacts to treaty fishing Harbors, Marine safety, Navigation the drydock movement by all
activities, the Coast Guard will (water), Reporting and record keeping appropriate means, in accordance with
communicate with the Muckleshoot requirements, Security measures, § 165.7(a). Such means will include
tribe and Vigor Industrial once it Waterways. issuance of a notice of enforcement to be
receives notification from Vigor For the reasons discussed in the published in the Federal Register, Local
Industrial concerning drydock preamble, the Coast Guard amends 33 Notice to Mariners, and Special Marine
movements that require the enforcement CFR part 165 as follows: Information Broadcast.
of the safety zone. If agreement is not
L.A. Sturgis,
reached, the Coast Guard, as a Federal PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS Captain, U.S. Coast Guard, Captain of the
trustee, will conduct consultation with Port Puget Sound.
the Muckleshoot tribe to ensure Vigor
movements will avoid Treaty impacts. ■ 1. The authority citation for part 165 [FR Doc. 2018–06924 Filed 4–4–18; 8:45 am]
If you believe this rule has additional continues to read as follows: BILLING CODE 9110–04–P
implications for federalism or Indian Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
tribes, please contact the person listed 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
in the FOR FURTHER INFORMATION Department of Homeland Security Delegation ENVIRONMENTAL PROTECTION
CONTACT section above. No. 0170.1. AGENCY
E. Unfunded Mandates Reform Act ■ 2. Add § 165.1340 to read as follows:
40 CFR Part 52
The Unfunded Mandates Reform Act § 165.1340 Safety Zone; Vigor Industrial [SC–2017; FRL–9974–17—Region 4]
of 1995 (2 U.S.C. 1531–1538) requires Drydock Movement, West Duwamish
Federal agencies to assess the effects of Waterway; Seattle, WA. Air Plan Approval; South Carolina;
their discretionary regulatory actions. In (a) Location. The following area is a Update to Materials Incorporated by
particular, the Act addresses actions safety zone: All waters of the West Reference
that may result in the expenditure by a Duwamish Waterway in Seattle, WA
encompassed within the area created by AGENCY: Environmental Protection
State, local, or tribal government, in the
connecting the following points: Agency (EPA).
aggregate, or by the private sector of
47°35′04″ N, 122°21′30″ W thence ACTION: Final rule; notification of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule westerly to 47°35′04″ N, 122°21′50″ W administrative change.
will not result in such an expenditure, thence northerly to 47°35′19″ N,
SUMMARY: The Environmental Protection
we do discuss the effects of this rule 122°21′50″ W thence easterly to
Agency (EPA) is updating the materials
elsewhere in this preamble. 47°35′19″ N, 122°21′30″ W thence
that are incorporated by reference (IBR)
southerly to 47°35′04″ N, 122°21′30″ W.
F. Environment (b) Regulations. (1) In accordance into the South Carolina state
with the general regulations in subpart implementation plan (SIP). The
We have analyzed this rule under regulations affected by this update have
Department of Homeland Security C of this part, when a notice of
enforcement has been issued, no person been previously submitted by South
Directive 023–01 and Commandant Carolina and approved by EPA. This
Instruction M16475.1D, which guide the may enter or remain in the safety zone
created by this section unless update affects the materials that are
Coast Guard in complying with the available for public inspection at the
National Environmental Policy Act of authorized by the Captain of the Port or
a Designated Representative. See National Archives and Records
1969 (42 U.S.C. 4321–4370f), and have Administration (NARA) and the EPA
determined that this action is one of a subpart C of this part for additional
safety zone information and Regional Office.
category of actions that do not
requirements. Vessel operators wishing DATES: This action is effective April 5,
individually or cumulatively have a
significant effect on the human to enter the zone during the 2018.
environment. This rule involves the enforcement period must request ADDRESSES: SIP materials which are
establishment of a safety zone to ensure permission for entry by contacting the incorporated by reference into 40 CFR
the safety of the maritime public. It is Joint Harbor Operation Center at 206– part 52 are available for inspection at
categorically excluded from further 217–6001 or the Vessel Traffic Service the following locations: Environmental
review under paragraph L60(a) of Puget Sound on VHF channel 14. Protection Agency, Region 4, 61 Forsyth
Appendix A, Table 1 of DHS Instruction (2) In order to reach an agreeable Street SW, Atlanta, GA 30303; and the
Manual 023–01–001–01, Rev. 01. A timeframe that avoids impacts to treaty National Archives and Records
Record of Environmental Consideration fishing activities, the Coast Guard will Administration. For information on the
supporting this determination is communicate with the Muckleshoot availability of this material at NARA,
available in the docket where indicated Tribe and Vigor Industrial once it call 202–741–6030, or go to: http://
under ADDRESSES. receives notification from Vigor www.archives.gov/federal-register/cfr/
Industrial concerning drydock ibr-locations.html. To view the
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G. Protest Activities movements that require the enforcement materials at the Region 4 Office, EPA
The Coast Guard respects the First of the safety zone. If agreement is not requests that you email the contact
Amendment rights of protesters. reached, the Coast Guard, as a federal listed in the FOR FURTHER INFORMATION
Protesters are asked to contact the trustee, will conduct consultation with CONTACT section.
person listed in the FOR FURTHER the Muckleshoot Tribe to ensure Vigor FOR FURTHER INFORMATION CONTACT:
INFORMATION CONTACT section to movements will avoid Treaty impacts. Sean Lakeman, Air Regulatory
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![Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations 14593
entry was removed from the table find good cause where procedures are under the Regulatory Flexibility Act (5
because the rule was reserved and was ‘‘impracticable, unnecessary, or contrary U.S.C. 601 et seq.);
never approved into the SIP. to the public interest.’’ Public comment • does not contain any unfunded
16. Under Regulation No. 62.5, for this administrative action is mandate or significantly or uniquely
Standard No. 5, Section II, ‘‘Part Q’’ the ‘‘unnecessary’’ and ‘‘contrary to the affect small governments, as described
State effective date was revised to read public interest’’ since the codification in the Unfunded Mandates Reform Act
‘‘4/26/2013’’ and EPA approval date was (and typographical corrections) only of 1995 (Pub. L. 104–4);
revised to read ‘‘8/16/2017, 82 FR reflect existing law. Immediate notice of • does not have Federalism
38825.’’ this action in the Federal Register implications as specified in Executive
17. Under Regulation No. 62.5, benefits the public by providing the Order 13132 (64 FR 43255, August 10,
‘‘Standard No. 6’’ and subentries for public notice of the updated South 1999);
‘‘Sections I—III’’ the entries were Carolina SIP Compilation and notice of • is not an economically significant
removed from the table because they typographical corrections to the South regulatory action based on health or
had previously been disapproved and Carolina ‘‘Identification of Plan’’ portion safety risks subject to Executive Order
the original approval rescinded from the of the Federal Register. Further, 13045 (62 FR 19885, April 23, 1997);
SIP. See 60 FR 12700 (March 8, 1995). pursuant to section 553(d)(3), making • is not a significant regulatory action
Additionally, EPA inadvertently added this action immediately effective subject to Executive Order 13211 (66 FR
these sections back to the table when benefits the public by immediately 28355, May 22, 2001);
administrative edits were included • is not subject to requirements of
updating both the SIP compilation and
alongside a SIP revision. See 67 FR Section 12(d) of the National
the CFR ‘‘Identification of plan’’ section
30594 (May 7, 2002). Technology Transfer and Advancement
(which includes table entry corrections). Act of 1995 (15 U.S.C. 272 note) because
18. Under Regulation No. 62.5,
Standard No. 7.1, ‘‘Section I’’ entry was IV. Incorporation by Reference application of those requirements would
removed from the table because it had be inconsistent with the CAA; and
In this rule, EPA is finalizing • does not provide EPA with the
previously been consolidated into regulatory text that includes
Regulation No. 62.5, Standard No. 7. discretionary authority to address, as
incorporation by reference. In appropriate, disproportionate human
See 67 FR 30594 (May 7, 2002). accordance with requirements of 1 CFR
19. Under Regulation No. 62.5, health or environmental effects, using
51.5, EPA is finalizing the incorporation practicable and legally permissible
Standard No. 7.1, ‘‘Section II’’ entry was by reference of previously EPA-
removed from the table because it had methods, under Executive Order 12898
approved regulations promulgated by (59 FR 7629, February 16, 1994).
previously been consolidated into South Carolina and federally effective
Regulation No. 62.5, Standard No. 7. In addition, this notice of
prior to October 1, 2017. EPA has made, administrative change for the state of
See 67 FR 30594 (May 7, 2002). and will continue to make, these
20. Under Regulation No. 62.5, South Carolina does not have Tribal
materials generally available through implications as specified by Executive
Standard No. 7.1, ‘‘Section III’’ entry www.regulations.gov and at the EPA
was removed from the table because it Order 13175 (65 FR 67249, November 9,
Region 4 Office (please contact the 2000), because it does not have
had previously been consolidated into person identified in the FOR FURTHER
Regulation No. 62.5, Standard No. 7. substantial direct effects on an Indian
INFORMATION CONTACT section of this Tribe. The Catawba Indian Nation
See 67 FR 30594 (May 7, 2002). preamble for more information).
21. Under Regulation No. 62.5, Reservation is located within the South
Standard No. 7.1, ‘‘Section IV’’ entry V. Statutory and Executive Order Carolina portion of the bi-state Charlotte
was removed from the table because it Reviews Area. Pursuant to the Catawba Indian
had previously been consolidated into Claims Settlement Act, S.C. Code Ann.
Under the CAA, the Administrator is 27–16–120, ‘‘all state and local
Regulation No. 62.5, Standard No. 7.
required to approve a SIP submission environmental laws and regulations
See 67 FR 30594 (May 7, 2002).
22. Footnote 1 was removed and that complies with the provisions of the apply to the [Catawba Indian Nation]
inserted in the explanation column Act and applicable federal regulations. and Reservation and are fully
under Regulation No. 62.5, Standard See 42 U.S.C. 7410(k); 40 CFR 52.02(a). enforceable by all relevant state and
No. 7 and Standard No. 7.1. Thus, in reviewing SIP submissions, local agencies and authorities.’’ EPA
EPA’s role is to approve state choices, notes this action will not impose
III. Good Cause Exemption provided that they meet the criteria of substantial direct costs on Tribal
EPA has determined that this action the CAA. Accordingly, this notice of governments or preempt Tribal law.
falls under the ‘‘good cause’’ exemption administrative change does not impose The Congressional Review Act, 5
in section 553(b)(3)(B) of the additional requirements beyond those U.S.C. 801 et seq., as added by the Small
Administrative Procedure Act (APA) imposed by state law. For that reason, Business Regulatory Enforcement
which, upon finding ‘‘good cause,’’ this action: Fairness Act of 1996, generally provides
authorizes agencies to dispense with • Is not a ‘‘significant regulatory that before a rule may take effect, the
public participation and section action’’ subject to review by the Office agency promulgating the rule must
553(d)(3) which allows an agency to of Management and Budget under submit a rule report, which includes a
make an action effective immediately Executive Orders 12866 (58 FR 51735, copy of the rule, to each House of the
(thereby avoiding the 30-day delayed October 4, 1993) and 13563 (76 FR 3821, Congress and to the Comptroller General
effective date otherwise provided for in January 21, 2011); of the United States. EPA will submit a
the APA). This administrative action • does not impose an information report containing this action and other
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simply codifies provisions which are collection burden under the provisions required information to the U.S. Senate,
already in effect as a matter of law in of the Paperwork Reduction Act (44 the U.S. House of Representatives, and
Federal and approved state programs U.S.C. 3501 et seq.); the Comptroller General of the United
and corrects typographical errors • is certified as not having a States prior to publication of the rule in
appearing in the CFR. Under section significant economic impact on a the Federal Register. A major rule
553(b)(3)(B) of the APA, an agency may substantial number of small entities cannot take effect until 60 days after it
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![Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations 14597
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA—Continued
State
State citation Title/subject effective EPA approval date Explanation
date
Regulation No. 62.97 ..... Cross-State Air Pollution Rule (CSAPR) Trad- 8/25/2017 10/13/2017, 82 FR
ing Program. 47939.
Regulation No. 62.99 ..... Nitrogen Oxides (NOX) Budget Program Re- 5/24/2002 6/28/2002, 67 FR
quirements for Stationary Sources Not in 43546.
the Trading Program.
S.C. Code Ann. ............. Ethics Reform Act.
Section 8–13–100(31) ... Definitions ......................................................... 1/1/1992 8/1/2012, 77 FR 45492.
Section 8–13–700(A) Use of official position or office for financial 1/1/1992 8/1/2012, 77 FR 45492.
and (B). gain; disclosure of potential conflict of inter-
est.
Section 8–13–730 .......... Membership on or employment by regulatory 1/1/1992 8/1/2012, 77 FR 45492.
agency of person associated with regulated
business.
(d) EPA-Approved State Source-
Specific Requirements.
EPA-APPROVED SOUTH CAROLINA STATE SOURCE-SPECIFIC REQUIREMENTS
State
Name of source Permit No. effective EPA approval date Comments
date
Transcontinental Gas 2060–0179–CD 4/27/2004 4/23/2009, 74 FR 18471 This permit is incorporated in fulfillment of the NOX
Pipeline Corporation SIP Call Phase II requirements for South Caro-
Station 140. lina.
* * * * * 2010 SO2 NAAQS. This third round of EPA Docket Office or the Regional office
[FR Doc. 2018–06796 Filed 4–4–18; 8:45 am] designations is based on application of contacts listed in the FOR FURTHER
BILLING CODE 6560–50–P the EPA’s nationwide analytical INFORMATION CONTACT section.
approach and technical analysis,
In addition, the EPA has established
including evaluation of monitoring data
ENVIRONMENTAL PROTECTION and air quality modeling, to determine a website for the initial SO2
AGENCY the appropriate designation based on designations rulemakings at: https://
the weight of evidence for each area. www.epa.gov/sulfur-dioxide-
40 CFR Part 81 designations. The website includes the
DATES: This final rule is effective on
April 9, 2018. EPA’s final SO2 designations, as well as
[EPA–HQ–OAR–2017–0003; FRL–9976–40–
OAR] state and tribal recommendation letters,
ADDRESSES: The EPA has established a
the EPA’s modification letters, technical
docket for this action under Docket ID
Air Quality Designations for the 2010 support documents, responses to
No. EPA–HQ–OAR–2017–0003. All
Sulfur Dioxide (SO2) Primary National comments and other related technical
documents in the docket are listed in
Ambient Air Quality Standard—Round information.
the index at http://www.regulations.gov
3—Supplemental Amendment
website. Although listed in the index, FOR FURTHER INFORMATION CONTACT: For
AGENCY: Environmental Protection some information is not publicly
general questions concerning this
Agency (EPA). available, e.g., Confidential Business
action, please contact Liz Etchells, U.S.
ACTION: Final rule. Information or other information whose
disclosure is restricted by statute. EPA, Office of Air Quality Planning and
SUMMARY: The Environmental Protection Certain other material, such as Standards, Air Quality Policy Division,
Agency (EPA) is withdrawing the copyrighted material, is not placed on C539–01, Research Triangle Park, NC
designation of Unclassifiable for the the internet and will be publicly 27709, telephone (919) 541–0253, email
Citrus County, Florida, area that the available only in hard copy form. at etchells.elizabeth@epa.gov. The
EPA originally promulgated on Publicly available docket materials are following EPA contacts can answer
December 21, 2017, and is establishing available either electronically in the questions regarding areas in a particular
a designation of Attainment/ docket or in hard copy at the Docket, EPA Regional office:
Unclassifiable for that area as part of WJC West Building, Room 3334, 1301 U.S. EPA Regional Office Contact:
promulgating initial air quality Constitution Avenue NW, Washington,
designations for certain areas in the DC 20004. The hours of operation at the Region IV—Twunjala Bradley,
United States (U.S.) for the 2010 sulfur EPA Docket Center are 8:30 a.m.– 4:30 telephone (404) 562–9352, email at
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dioxide (SO2) primary National Ambient p.m., Monday–Friday. The telephone bradley.twunjala@epa.gov.
Air Quality Standard (NAAQS). This number for the Public Reading Room is The public may inspect the rule and
action supplements our December 2017 (202) 566–1744. Air dispersion state-specific technical support
action, which together comprise the modeling input and output files are too information at the following locations:
third of four expected rounds of actions large to post in the docket or on the
to designate areas of the U.S. for the website and must be requested from the
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Document Created: 2018-11-01 09:14:01
Document Modified: 2018-11-01 09:14:01
| 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 | Final rule; notification of administrative change. | |
| Dates | This action is effective April 5, 2018. | |
| Contact | Sean Lakeman, 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. Lakeman can be reached via telephone at (404) 562-9043 or via electronic mail at [email protected] | |
| FR Citation | 83 FR 14591 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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