83 FR 29696 - Air Plan Approval; SC; VOC Definition
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 123 (June 26, 2018)
Federal Register Volume 83, Issue 123 (June 26, 2018)
| Page Range | 29696-29698 | |
| FR Document | 2018-13571 |
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)] [Rules and Regulations] [Pages 29696-29698] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13571] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0557; FRL-9979-92-Region 4] Air Plan Approval; SC; VOC Definition AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the South Carolina State Implementation Plan (SIP). The revision makes a modification to the definition of ``volatile organic compounds'' (VOC). EPA is approving the SIP revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (DHEC) on September 5, 2017, because the State has demonstrated that these changes are consistent with the Clean Air Act (CAA or Act). DATES: This rule will be effective July 26, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0557. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the 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. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On November 29, 2004 (69 FR 69298), EPA issued a final rule revising the definition of VOC at 40 CFR 51.100(s) by adding tertiary butyl acetate (or t-Butyl acetate or TBAC) to the list of compounds that are considered to be negligibly reactive and excluded from the definition of VOC. Additionally, on February 25, 2016 (81 FR 9339), EPA issued a final rule further revising the definition of VOC at 40 CFR 51.100(s) by removing the recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements for t- Butyl acetate. EPA removed these requirements in part because there was no evidence that TBAC was being used at levels that cause concern for ozone formation and because the data that had been collected under these requirements had proven to be of limited utility in judging the cumulative impacts of exempted compounds.\1\ See 81 FR 9339, 9341. --------------------------------------------------------------------------- \1\ In the 2016 EPA rule, EPA also discussed the efforts surrounding any future determinations about the health risks associated with TBAC, including noting that data collected through the recordkeeping and reporting requirements did not appear relevant to any such future determinations and that EPA was assessing the health risks from TBAC through its Integrated Risk Information System. This effort is on-going and more information regarding health risks may be found at EPA's previous 2016 rulemaking (81 FR 9339, 9341). --------------------------------------------------------------------------- On February 15, 2018 (83 FR 6822), EPA published a notice of proposed rulemaking (NPRM) for changes to the South Carolina SIP, submitted by the South Carolina DHEC on September 5, 2017. The submission revises South Carolina Regulation 61-62.1--Definitions and General Requirements, specifically Section I--``Definitions,'' by removing the recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements for t-Butyl acetate. EPA received one adverse comment in the proposed rulemaking. After considering the adverse comment, EPA is now taking final action to approve the South Carolina Regulation 61-62.1, Section I-- ``Definitions'' revision. For more information, see the February 15, 2018, NPRM. II. Response to Comment Comment: EPA received one adverse comment to the revision to Regulation 61-62.1, Section I--``Definitions.'' The Commenter asserted that air quality policy should be based on no negative impacts on health, and as a result, stated, ``This proposed revision would do the opposite because it fails to acknowledge the change in emissions that South Carolina could undertake after tert-butyl acetate (TBAc) is taken off the states list of volatile organic compounds. I reject this revision because EPA's logic for approval is flawed when they say, ``. . . There was no evidence that TBAc was being used at levels that cause concern for ozone formation . . .''. The Commenter expressed concerns that the use of TBAC could change in South Carolina, and since record keeping and monitoring will no longer be required, this impact will not be assessed. Because of these concerns, the Commenter recommended that EPA prohibit South Carolina from adding TBAC to the negligibly reactive list and require South Carolina to continue monitoring TBAC. Finally, the Commenter noted health effects of TBAC. Response: EPA previously approved South Carolina's revision of its definition of VOC which added t-Butyl acetate to the list of negligibly reactive compounds that are excluded from the State's definition of VOC. 72 FR 30704 (June 4, 2007). That prior rulemaking action is final and is not reopened in the current rulemaking action. Similarly, EPA's prior 2004 (60 FR 69298) final rulemaking that revised the definition of VOC to exclude TBAC as a negligibly reactive compound and EPA's 2016 (81 FR 9339) final rulemaking that removed TBAC recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements for TBAC are also not reopened in the current rulemaking action. Rather, in the current action, the State is merely [[Page 29697]] updating the SIP to remove the recordkeeping, emissions reporting, modeling, and inventory requirements for TBAC consistent with EPA's 2016 rulemaking and the federal definitions in 40 CFR 51.100(s). With regard to health risks, EPA acknowledges the comment regarding the health effects associated with TBAC and is continuing to take steps to assess potential risks associated with this compound. In the 2016 EPA rule, EPA discussed the efforts surrounding any future determinations about the health risks associated with TBAC, including noting that data collected through the recordkeeping and reporting requirements did not appear relevant to any such future determinations and that EPA was assessing the health risks from TBAC through its Integrated Risk Information System. This effort is ongoing, and we refer the Commenter to EPA's previous 2016 rulemaking (81 FR 9339, 9341) for more information regarding health risks. III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of South Carolina Regulation 61-62.1, Section I--``Definitions,'' effective August 25, 2017, which revises definitions applicable to the SIP. 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). Therefore, these materials have been approved by EPA for inclusion in the State's 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 in the next update to the SIP compilation.\2\ --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. Final Action For the reasons discussed above, EPA is approving the aforementioned change to the South Carolina SIP, submitted on September 5, 2017, because it is consistent with the CAA and federal regulations. 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. 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 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 boundary of York County, South Carolina. 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 August 27, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 12, 2018. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: [[Page 29698]] PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart PP--South Carolina 0 2. Section 52.2120(c) is amended by revising the entry under Regulation No. 62.1 for ``Section I'' to read as follows: Sec. 52.2120 Identification of plan. * * * * * (c) * * * Air Pollution Control Regulations for South Carolina ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section I........................ Definitions........ 8/25/2017 6/26/2018, [Insert citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-13571 Filed 6-25-18; 8:45 am] BILLING CODE 6560-50-P
![29696 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations
State effective EPA rule final
State citation Rule title Final rule citation Comments
date date
* * * * * * *
* * * * * official hours of business are Monday modeling, and inventory requirements
[FR Doc. 2018–13597 Filed 6–25–18; 8:45 am] through Friday 8:30 a.m. to 4:30 p.m., for t-Butyl acetate. EPA received one
BILLING CODE 6560–50–P excluding Federal holidays. adverse comment in the proposed
FOR FURTHER INFORMATION CONTACT: rulemaking. After considering the
Richard Wong, Air Regulatory adverse comment, EPA is now taking
ENVIRONMENTAL PROTECTION Management Section, Air Planning and final action to approve the South
AGENCY Implementation Branch, Air, Pesticides Carolina Regulation 61–62.1, Section I—
and Toxics Management Division, U.S. ‘‘Definitions’’ revision. For more
40 CFR Part 52 information, see the February 15, 2018,
Environmental Protection Agency,
[EPA–R04–OAR–2017–0557; FRL–9979–92– Region 4, 61 Forsyth Street SW, Atlanta, NPRM.
Region 4] Georgia 30303–8960. The telephone II. Response to Comment
number is (404) 562–8726. Mr. Wong
Air Plan Approval; SC; VOC Definition can be reached via electronic mail at Comment: EPA received one adverse
wong.richard@epa.gov. comment to the revision to Regulation
AGENCY: Environmental Protection
SUPPLEMENTARY INFORMATION:
61–62.1, Section I—‘‘Definitions.’’ The
Agency (EPA).
Commenter asserted that air quality
ACTION: Final rule. I. Background policy should be based on no negative
SUMMARY: The Environmental Protection On November 29, 2004 (69 FR 69298), impacts on health, and as a result,
Agency (EPA) is taking final action to EPA issued a final rule revising the stated, ‘‘This proposed revision would
approve a revision to the South Carolina definition of VOC at 40 CFR 51.100(s) do the opposite because it fails to
State Implementation Plan (SIP). The by adding tertiary butyl acetate (or t- acknowledge the change in emissions
revision makes a modification to the Butyl acetate or TBAC) to the list of that South Carolina could undertake
definition of ‘‘volatile organic compounds that are considered to be after tert-butyl acetate (TBAc) is taken
compounds’’ (VOC). EPA is approving negligibly reactive and excluded from off the states list of volatile organic
the SIP revision submitted by the State the definition of VOC. Additionally, on compounds. I reject this revision
of South Carolina, through the South February 25, 2016 (81 FR 9339), EPA because EPA’s logic for approval is
Carolina Department of Health and issued a final rule further revising the flawed when they say, ‘‘. . . There was
Environmental Control (DHEC) on definition of VOC at 40 CFR 51.100(s) no evidence that TBAc was being used
September 5, 2017, because the State by removing the recordkeeping, at levels that cause concern for ozone
has demonstrated that these changes are emissions reporting, photochemical formation . . .’’. The Commenter
consistent with the Clean Air Act (CAA dispersion modeling, and inventory expressed concerns that the use of
or Act). requirements for t-Butyl acetate. EPA TBAC could change in South Carolina,
removed these requirements in part and since record keeping and
DATES: This rule will be effective July
because there was no evidence that monitoring will no longer be required,
26, 2018. this impact will not be assessed.
ADDRESSES: EPA has established a
TBAC was being used at levels that
cause concern for ozone formation and Because of these concerns, the
docket for this action under Docket Commenter recommended that EPA
Identification No. EPA–R04–OAR– because the data that had been collected
under these requirements had proven to prohibit South Carolina from adding
2017–0557. All documents in the docket TBAC to the negligibly reactive list and
be of limited utility in judging the
are listed on the www.regulations.gov require South Carolina to continue
cumulative impacts of exempted
website. Although listed in the index, monitoring TBAC. Finally, the
compounds.1 See 81 FR 9339, 9341.
some information is not publicly On February 15, 2018 (83 FR 6822), Commenter noted health effects of
available, i.e., Confidential Business EPA published a notice of proposed TBAC.
Information or other information whose rulemaking (NPRM) for changes to the Response: EPA previously approved
disclosure is restricted by statute. South Carolina SIP, submitted by the South Carolina’s revision of its
Certain other material, such as South Carolina DHEC on September 5, definition of VOC which added t-Butyl
copyrighted material, is not placed on 2017. The submission revises South acetate to the list of negligibly reactive
the internet and will be publicly Carolina Regulation 61–62.1— compounds that are excluded from the
available only in hard copy form. Definitions and General Requirements, State’s definition of VOC. 72 FR 30704
Publicly available docket materials are specifically Section I—‘‘Definitions,’’ by (June 4, 2007). That prior rulemaking
available either electronically through removing the recordkeeping, emissions action is final and is not reopened in the
www.regulations.gov or in hard copy at reporting, photochemical dispersion current rulemaking action. Similarly,
the Air Regulatory Management Section, EPA’s prior 2004 (60 FR 69298) final
Air Planning and Implementation 1 In the 2016 EPA rule, EPA also discussed the rulemaking that revised the definition of
Branch, Air, Pesticides and Toxics efforts surrounding any future determinations about VOC to exclude TBAC as a negligibly
Management Division, U.S. the health risks associated with TBAC, including reactive compound and EPA’s 2016 (81
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noting that data collected through the
Environmental Protection Agency, recordkeeping and reporting requirements did not
FR 9339) final rulemaking that removed
Region 4, 61 Forsyth Street SW, Atlanta, appear relevant to any such future determinations TBAC recordkeeping, emissions
Georgia 30303–8960. EPA requests that and that EPA was assessing the health risks from reporting, photochemical dispersion
if at all possible, you contact the person TBAC through its Integrated Risk Information modeling, and inventory requirements
System. This effort is on-going and more
listed in the FOR FURTHER INFORMATION information regarding health risks may be found at
for TBAC are also not reopened in the
CONTACT section to schedule your EPA’s previous 2016 rulemaking (81 FR 9339, current rulemaking action. Rather, in
inspection. The Regional Office’s 9341). the current action, the State is merely
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![Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29697
updating the SIP to remove the V. Statutory and Executive Order November 9, 2000), because it does not
recordkeeping, emissions reporting, Reviews have substantial direct effects on an
modeling, and inventory requirements Under the CAA, the Administrator is Indian Tribe. The Catawba Indian
for TBAC consistent with EPA’s 2016 required to approve a SIP submission Nation Reservation is located within the
rulemaking and the federal definitions that complies with the provisions of the boundary of York County, South
in 40 CFR 51.100(s). Act and applicable Federal regulations. Carolina. Pursuant to the Catawba
With regard to health risks, EPA See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Indian Claims Settlement Act, S.C. Code
acknowledges the comment regarding Thus, in reviewing SIP submissions, Ann. 27–16–120, ‘‘all state and local
the health effects associated with TBAC EPA’s role is to approve state choices, environmental laws and regulations
provided that they meet the criteria of apply to the [Catawba Indian Nation]
and is continuing to take steps to assess
the CAA. This action merely approves and Reservation and are fully
potential risks associated with this
state law as meeting Federal enforceable by all relevant state and
compound. In the 2016 EPA rule, EPA
requirements and does not impose local agencies and authorities.’’ EPA
discussed the efforts surrounding any
additional requirements beyond those notes this action will not impose
future determinations about the health
imposed by state law. For that reason, substantial direct costs on Tribal
risks associated with TBAC, including
this action: governments or preempt Tribal law.
noting that data collected through the
• Is not a significant regulatory action The Congressional Review Act, 5
recordkeeping and reporting subject to review by the Office of
requirements did not appear relevant to U.S.C. 801 et seq., as added by the Small
Management and Budget under Business Regulatory Enforcement
any such future determinations and that Executive Orders 12866 (58 FR 51735,
EPA was assessing the health risks from Fairness Act of 1996, generally provides
October 4, 1993) and 13563 (76 FR 3821, that before a rule may take effect, the
TBAC through its Integrated Risk January 21, 2011); agency promulgating the rule must
Information System. This effort is • Is not an Executive Order 13771 (82 submit a rule report, which includes a
ongoing, and we refer the Commenter to FR 9339, February 2, 2017) regulatory
EPA’s previous 2016 rulemaking (81 FR copy of the rule, to each House of the
action because SIP approvals are Congress and to the Comptroller General
9339, 9341) for more information exempted under Executive Order 12866;
of the United States. EPA will submit a
regarding health risks. • Does not impose an information
report containing this action and other
collection burden under the provisions
III. Incorporation by Reference required information to the U.S. Senate,
of the Paperwork Reduction Act (44
the U.S. House of Representatives, and
In this rule, EPA is finalizing U.S.C. 3501 et seq.);
• Is certified as not having a the Comptroller General of the United
regulatory text that includes States prior to publication of the rule in
incorporation by reference. In significant economic impact on a
substantial number of small entities the Federal Register. A major rule
accordance with requirements of 1 CFR cannot take effect until 60 days after it
51.5, EPA is finalizing the incorporation under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.); is published in the Federal Register.
by reference of South Carolina This action is not a ‘‘major rule’’ as
• Does not contain any unfunded
Regulation 61–62.1, Section I— defined by 5 U.S.C. 804(2).
mandate or significantly or uniquely
‘‘Definitions,’’ effective August 25, 2017, affect small governments, as described Under section 307(b)(1) of the CAA,
which revises definitions applicable to in the Unfunded Mandates Reform Act petitions for judicial review of this
the SIP. EPA has made, and will of 1995 (Pub. L. 104–4); action must be filed in the United States
continue to make, these materials • Does not have Federalism Court of Appeals for the appropriate
generally available through implications as specified in Executive circuit by August 27, 2018. Filing a
www.regulations.gov and at the EPA Order 13132 (64 FR 43255, August 10, petition for reconsideration by the
Region 4 Office (please contact the 1999); Administrator of this final rule does not
person identified in the FOR FURTHER • Is not an economically significant affect the finality of this action for the
INFORMATION CONTACT section of this regulatory action based on health or purposes of judicial review nor does it
preamble for more information). safety risks subject to Executive Order extend the time within which a petition
Therefore, these materials have been 13045 (62 FR 19885, April 23, 1997); for judicial review may be filed, and
approved by EPA for inclusion in the • Is not a significant regulatory action shall not postpone the effectiveness of
State’s implementation plan, have been subject to Executive Order 13211 (66 FR such rule or action. This action may not
incorporated by reference by EPA into 28355, May 22, 2001); be challenged later in proceedings to
that plan, are fully federally-enforceable • Is not subject to requirements of enforce its requirements. See section
under sections 110 and 113 of the CAA Section 12(d) of the National 307(b)(2).
as of the effective date of the final Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because List of Subjects in 40 CFR Part 52
rulemaking of EPA’s approval, and will
be incorporated by reference in the next application of those requirements would
Environmental protection, Air
update to the SIP compilation.2 be inconsistent with the CAA; and
• Does not provide EPA with the pollution control, Incorporation by
IV. Final Action discretionary authority to address, as reference, Intergovernmental relations,
appropriate, disproportionate human Nitrogen dioxide, Ozone, Particulate
For the reasons discussed above, EPA health or environmental effects, using matter, Reporting and recordkeeping
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is approving the aforementioned change practicable and legally permissible requirements, Volatile organic
to the South Carolina SIP, submitted on methods, under Executive Order 12898 compounds.
September 5, 2017, because it is (59 FR 7629, February 16, 1994). Dated: June 12, 2018.
consistent with the CAA and federal In addition, this final action for the Onis ‘‘Trey’’ Glenn, III,
regulations. State of South Carolina does not have Regional Administrator, Region 4.
Tribal implications as specified by
2 62 FR 27968 (May 22, 1997). Executive Order 13175 (65 FR 67249, 40 CFR part 52 is amended as follows:
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PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. § 52.2120 Identification of plan.
PROMULGATION OF * * * * *
Subpart PP—South Carolina
IMPLEMENTATION PLANS (c) * * *
■ 2. Section 52.2120(c) is amended by
■ 1. The authority citation for part 52 revising the entry under Regulation No.
continues to read as follows: 62.1 for ‘‘Section I’’ to read as follows:
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
Section I ........................ Definitions .................... 8/25/2017 6/26/2018, [Insert citation of publication].
* * * * * * *
* * * * * Certain other material, such as modification and construction of any
[FR Doc. 2018–13571 Filed 6–25–18; 8:45 am] copyrighted material, is not placed on stationary source within the areas
BILLING CODE 6560–50–P the internet and will be publicly covered by the plan as necessary to
available only in hard copy form. assure that the [NAAQS] are achieved,
Publicly available docket materials are including a permit program as required
ENVIRONMENTAL PROTECTION available through http:// in parts C and D of this subchapter.’’
AGENCY www.regulations.gov, or please contact 2. CAA section 110(a)(2)(A), requires
the person identified in the FOR FURTHER that SIPs contain enforceable emissions
40 CFR Part 52 INFORMATION CONTACT section for limitations and other control measures.
[EPA–R08–OAR–2018–0148; FRL–9979– additional available information. Under section CAA section 110(a)(2),
69—Region 8] FOR FURTHER INFORMATION CONTACT: the enforceability requirement in
Kevin Leone, Air Program, U.S. section 110(a)(2)(A) applies to all plans
Approval and Promulgation of Air Environmental Protection Agency, submitted by a state. Chapter 6, Section
Quality Implementation Plans; South Region 8, Mailcode 8P–AR, 1595 13 creates enforceable obligations for
Dakota; Revisions to the Permitting Wynkoop Street, Denver, Colorado sources by removing phrases such as
Rules 80202–1129, (303) 312–6227, ‘‘the plan shall provide’’ and ‘‘the plan
leone.kevin@epa.gov. may provide.’’
AGENCY: Environmental Protection In addition, the CAA (section
Agency (EPA). SUPPLEMENTARY INFORMATION:
110(a)(2)(C)) and 40 CFR 51.160 requires
ACTION: Final rule. I. Background states to have legally enforceable
The EPA is taking final action to procedures to prevent construction or
SUMMARY: The Environmental Protection
approve all revisions as submitted by modification of a source if it would
Agency (EPA) is taking final action to
the State of South Dakota on October 4, violate any SIP control strategies or
approve State Implementation Plan
2017, with the exception of the interfere with attainment or
(SIP) revisions submitted by the State of
revisions that we are not acting on, as maintenance of the National Ambient
South Dakota on October 4, 2017 related
outlined in section II.A. of our proposed Air Quality Standards (NAAQS). Such
to South Dakota’s Air Pollution Control
rulemaking published on April 27, 2018 minor NSR programs are for pollutants
Program. The October 4, 2017 submittal
(83 FR 18496). from stationary sources that do not
revises certain definitions and dates of
We provided a detailed explanation of require Prevention of Significant
incorporation by reference and contains
the bases for our proposed approval in Deterioration (PSD) or nonattainment
new, amended and renumbered rules. In
our April 27, 2018 rulemaking, which new source review (NNSR) permits.
this rulemaking, we are taking final
will not be restated here. See 83 FR States may customize the requirements
action on all portions of the October 4,
18496. We invited comment on all of the minor NSR program as long as
2017 submittal, except for those
aspects of our proposal and provided a their program meets minimum
portions of the submittal which do not
30-day comment period. The comment requirements.
belong in the SIP. This action is being Section 110(l) of the CAA states:
taken under section 110 of the Clean Air period ended on May 29, 2018.
In this action, we are responding to ‘‘[e]ach revision to an implementation
Act (CAA). plan submitted by a State under this Act
the comments we received and taking
DATES: This final rule is effective on July shall be adopted by such State after
final rulemaking action on the rules
26, 2018. from the State’s October 4, 2017, reasonable notice and public hearing.
ADDRESSES: The EPA has established a submittal. The Administrator shall not approve a
docket for this action under Docket ID revision to a plan if the revision would
No. EPA–R08–OAR–2018–0148. All II. Brief Discussion of Statutory and interfere with any applicable
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documents in the docket are listed on Regulatory Requirements requirement concerning attainment and
the http://www.regulations.gov website. The changes we are taking final action reasonable further progress (as defined
Although listed in the index, some to approve are consistent with the CAA in section 171), or any other applicable
information is not publicly available, and EPA regulations. Specifically: requirement of this chapter.’’ South
e.g., confidential business information 1. CAA section 110(a)(2)(C), requires Dakota’s new revisions to ARSD 74:36
(CBI) or other information whose each state plan to include ‘‘a program to will not interfere with attainment,
disclosure is restricted by statute. provide for . . . the regulation of the reasonable further progress (RFP), or
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Document Created: 2018-06-26 00:52:28
Document Modified: 2018-06-26 00:52:28
| 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. | |
| Dates | This rule will be effective July 26, 2018. | |
| Contact | Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can be reached via electronic mail at [email protected] | |
| FR Citation | 83 FR 29696 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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