83_FR_48039 83 FR 47855 - Air Plan Approval; South Carolina: Revisions to Prevention of Significant Deterioration Rules

83 FR 47855 - Air Plan Approval; South Carolina: Revisions to Prevention of Significant Deterioration Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range47855-47856
FR Document2018-20529

The Environmental Protection Agency (EPA) is proposing to approve portions of a State Implementation Plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), on September 5, 2017, that seek to revise certain New Source Review (NSR) regulations regarding the Prevention of Significant Deterioration (PSD) permitting program. EPA is proposing this action pursuant to the Clean Air Act (CAA or Act).

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Proposed Rules]
[Pages 47855-47856]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20529]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0073; FRL-9984-11--Region 4]


Air Plan Approval; South Carolina: Revisions to Prevention of 
Significant Deterioration Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of a State Implementation Plan (SIP) revision 
submitted by the State of South Carolina, through the South Carolina 
Department of Health and Environmental Control (SC DHEC), on September 
5, 2017, that seek to revise certain New Source Review (NSR) 
regulations regarding the Prevention of Significant Deterioration (PSD) 
permitting program. EPA is proposing this action pursuant to the Clean 
Air Act (CAA or Act).

DATES: Comments must be received on or before October 22, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0073 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 akers.brad@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking today?

    On September 5, 2017, SC DHEC submitted a SIP revision to EPA for 
approval that involves changes to South Carolina's NSR permitting 
regulations to make them consistent with federal requirements for NSR 
permitting, correct typographical errors, make internal references 
consistent, and update public noticing procedures.\1\ These changes 
include revisions to NSR public notice requirements in SC DHEC 
Regulation 61-62.5, Standard No. 7--``Prevention of Significant 
Deterioration (PSD) at sections (q) and (w)(4) to address the federal 
rule entitled ``Revisions to Public Notice Provisions in Clean Air Act 
Permitting Programs,'' Final Rule, 81 FR 71613 (October 18, 2016) (also 
referred to as the e-Notice Rule). In this proposed action, EPA is 
approving the SIP revision that makes changes to South Carolina's NSR 
regulations at SC DHEC Regulation 61-62.5, Standard No. 7 which applies 
to the construction or modification of any major stationary source in 
areas designated as attainment or unclassifiable as required by part C 
of title I of the CAA, with the exception of the portions of the SIP 
revision related to the e-Notice Rule. EPA has addressed the e-notice 
portions of the SIP revision in a separate proposed action. See 83 FR 
39638 (August 10, 2018).
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    \1\ Also on September 5, 2017, South Carolina submitted separate 
SIP revisions with: Changes to Regulation 61-62.1, Section I--
``Definitions'' and Regulation 61-62.5, Standard No. 5.2--``Control 
of Oxides of Nitrogen (NOX);'' the adoption of Regulation 
61-62.97--``Cross State Air Pollution Rule (CSAPR) Trading 
Program;'' and changes to the regional haze SIP. The SIP revision 
related to Regulation 61-62.97 (CSAPR) was previously approved on 
October 13, 2017 (82 FR 47939). EPA will address the remaining SIP 
revisions in separate actions.
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    South Carolina's PSD regulations at Regulation 61-62.5, Standard 
No. 7, were originally approved into the SIP on June 10, 1982 (47 FR 
6017), with periodic revisions approved through August 10, 2017 (82 FR 
37299). EPA is proposing to approve changes submitted in South 
Carolina's September 5, 2017, SIP revision to modify the PSD 
regulations to make minor edits for internal consistency and to adopt 
changes for consistency with EPA's 2016 permit rescission rule entitled 
``Rescission of Preconstruction Permits Issued Under the Clean Air 
Act'' Final Rule, 81 FR 78043 (November 7, 2016) (hereinafter referred 
to as the Permit Rescission Rule).

II. Background

    This proposed action seeks to revise South Carolina's PSD 
regulations in the SIP as described in Section III, below. Many of 
these changes are administrative in nature, including updating internal 
references and correcting typographical errors. The September 5, 2017, 
SIP revision also makes changes to the PSD regulations to adopt 
corrective provisions from EPA's Permit Rescission Rule.
    On November 7, 2016, EPA published the Permit Rescission Rule, 
which addressed the rescission of preconstruction permits for PSD. The 
rule made the following changes to the Agency's PSD rule at 40 CFR 
52.21: (1) Removed a date restriction that only allowed the rescission 
of PSD permits issued under PSD rules in effect as of July 30, 1987; 
(2) clarified that permit rescission is not automatic; and (3) 
corrected an outdated cross-reference. EPA removed the July 30, 1987 
date restriction from the federal rule because there are circumstances 
where it may be appropriate to rescind PSD permits issued under rules 
in effect after this date pursuant to the criteria in 40 CFR 
52.21(w)(3) of the Permit Rescission Rule. For additional information 
on provisions in the Permit Rescission Rule, see 81 FR 78043 (November 
7, 2016).

III. Analysis of the State's September 5, 2017, Submittal

    The September 5, 2017, SIP revision makes several changes to 
Regulation 61-62.5, Standard No. 7 at section (w)--entitled ``Permit 
rescission''--to be consistent with the federal provisions for 
rescinding PSD permits.\2\ Paragraph (w)(1) currently states that PSD 
permits issued pursuant to Standard No. 7 remain in effect until they 
expire or are rescinded. This subparagraph is revised in South 
Carolina's submittal to clarify that section (w) is the only provision 
under which permit rescission is allowed. Next, paragraph (w)(2) is 
revised to remove the date restriction discussed in Section II, above, 
that limits rescission to PSD permits issued

[[Page 47856]]

under PSD rules in effect on or before July 30, 1987. South Carolina's 
revised language is consistent with the federal Permit Rescission Rule, 
allowing for permit rescission if the permit meets the requirement of 
paragraph (w)(3). Finally, paragraph (w)(3) is revised to change the 
word ``shall'' to ``may'' to clarify that this provision does not 
create a mandatory duty for the State. This change is consistent with 
the Permit Rescission Rule at 40 CFR 52.21(w)(3).
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    \2\ South Carolina also revised 61-62.5, Standard No. 7 at 
paragraph (w)(4) to address EPA's eNotice Rule. As discussed above, 
EPA proposed to approve this change in a separate proposed action. 
See 83 FR 39638 (August 10, 2018).
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    The September 5, 2017, SIP revision also revises other paragraphs 
in Regulation 61-62.5, Standard No. 7 for consistency in formatting, to 
correct internal references, and to correct typographical errors. 
Section (b) is modified at paragraph (34), subparagraph (vi), to 
correct a typographical error in the definition of ``Net emissions 
increase.'' Next, sections (w), (aa), and (bb) are revised to be in 
bold font for internal consistency. Finally, Standard No. 7 is revised 
to make internal references and formatting consistent by making changes 
in section (aa) at (aa)(1)(i), (aa)(9), (aa)(11)(i), and (aa)(14)(i). 
EPA preliminarily finds that South Carolina's revised rules are 
consistent with federal requirements and CAA section 110.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the SC DHEC regulatory paragraphs identified above in Section 
III within SC DHEC Regulation 61-62.5, Standard No. 7, entitled 
``Prevention of Significant Deterioration (PSD),'' state effective on 
August 25, 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. Proposed Action

    EPA is proposing to approve the changes to the SIP identified in 
Section III, above, because they are consistent with the CAA and its 
implementing regulations.

VI. 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 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed 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 proposed approval 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.

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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 10, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-20529 Filed 9-20-18; 8:45 am]
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                                                                       Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules                                                 47855

                                                   Dated: September 18, 2018.                            FOR FURTHER INFORMATION CONTACT:                       internal consistency and to adopt
                                                 Scott E. Anderson,                                      D. Brad Akers, Air Regulatory                          changes for consistency with EPA’s
                                                 Captain, U.S. Coast Guard, Captain of the               Management Section, Air Planning and                   2016 permit rescission rule entitled
                                                 Port Delaware Bay.                                      Implementation Branch, Air, Pesticides                 ‘‘Rescission of Preconstruction Permits
                                                 [FR Doc. 2018–20572 Filed 9–20–18; 8:45 am]             and Toxics Management Division, U.S.                   Issued Under the Clean Air Act’’ Final
                                                 BILLING CODE 9110–04–P                                  Environmental Protection Agency,                       Rule, 81 FR 78043 (November 7, 2016)
                                                                                                         Region 4, 61 Forsyth Street SW, Atlanta,               (hereinafter referred to as the Permit
                                                                                                         Georgia 30303–8960. Mr. Akers can be                   Rescission Rule).
                                                 ENVIRONMENTAL PROTECTION                                reached via telephone at (404) 562–9089
                                                                                                                                                                II. Background
                                                 AGENCY                                                  or via electronic mail at akers.brad@
                                                                                                         epa.gov.                                                  This proposed action seeks to revise
                                                 40 CFR Part 52                                                                                                 South Carolina’s PSD regulations in the
                                                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                                                                                SIP as described in Section III, below.
                                                 [EPA–R04–OAR–2018–0073; FRL–9984–                       I. What action is EPA taking today?                    Many of these changes are
                                                 11—Region 4]                                                                                                   administrative in nature, including
                                                                                                            On September 5, 2017, SC DHEC
                                                 Air Plan Approval; South Carolina:                      submitted a SIP revision to EPA for                    updating internal references and
                                                 Revisions to Prevention of Significant                  approval that involves changes to South                correcting typographical errors. The
                                                 Deterioration Rules                                     Carolina’s NSR permitting regulations to               September 5, 2017, SIP revision also
                                                                                                         make them consistent with federal                      makes changes to the PSD regulations to
                                                 AGENCY:  Environmental Protection                       requirements for NSR permitting,                       adopt corrective provisions from EPA’s
                                                 Agency (EPA).                                           correct typographical errors, make                     Permit Rescission Rule.
                                                 ACTION: Proposed rule.                                  internal references consistent, and                       On November 7, 2016, EPA published
                                                                                                         update public noticing procedures.1                    the Permit Rescission Rule, which
                                                 SUMMARY:    The Environmental Protection                                                                       addressed the rescission of
                                                 Agency (EPA) is proposing to approve                    These changes include revisions to NSR
                                                                                                         public notice requirements in SC DHEC                  preconstruction permits for PSD. The
                                                 portions of a State Implementation Plan                                                                        rule made the following changes to the
                                                 (SIP) revision submitted by the State of                Regulation 61–62.5, Standard No. 7—
                                                                                                         ‘‘Prevention of Significant Deterioration              Agency’s PSD rule at 40 CFR 52.21: (1)
                                                 South Carolina, through the South                                                                              Removed a date restriction that only
                                                 Carolina Department of Health and                       (PSD) at sections (q) and (w)(4) to
                                                                                                         address the federal rule entitled                      allowed the rescission of PSD permits
                                                 Environmental Control (SC DHEC), on                                                                            issued under PSD rules in effect as of
                                                 September 5, 2017, that seek to revise                  ‘‘Revisions to Public Notice Provisions
                                                                                                         in Clean Air Act Permitting Programs,’’                July 30, 1987; (2) clarified that permit
                                                 certain New Source Review (NSR)                                                                                rescission is not automatic; and (3)
                                                 regulations regarding the Prevention of                 Final Rule, 81 FR 71613 (October 18,
                                                                                                         2016) (also referred to as the e-Notice                corrected an outdated cross-reference.
                                                 Significant Deterioration (PSD)                                                                                EPA removed the July 30, 1987 date
                                                 permitting program. EPA is proposing                    Rule). In this proposed action, EPA is
                                                                                                         approving the SIP revision that makes                  restriction from the federal rule because
                                                 this action pursuant to the Clean Air Act                                                                      there are circumstances where it may be
                                                 (CAA or Act).                                           changes to South Carolina’s NSR
                                                                                                         regulations at SC DHEC Regulation 61–                  appropriate to rescind PSD permits
                                                 DATES: Comments must be received on                                                                            issued under rules in effect after this
                                                                                                         62.5, Standard No. 7 which applies to
                                                 or before October 22, 2018.                                                                                    date pursuant to the criteria in 40 CFR
                                                                                                         the construction or modification of any
                                                 ADDRESSES: Submit your comments,                        major stationary source in areas                       52.21(w)(3) of the Permit Rescission
                                                 identified by Docket ID No. EPA–R04–                    designated as attainment or                            Rule. For additional information on
                                                 OAR–2018–0073 at http://                                unclassifiable as required by part C of                provisions in the Permit Rescission
                                                 www.regulations.gov. Follow the online                  title I of the CAA, with the exception of              Rule, see 81 FR 78043 (November 7,
                                                 instructions for submitting comments.                   the portions of the SIP revision related               2016).
                                                 Once submitted, comments cannot be                      to the e-Notice Rule. EPA has addressed                III. Analysis of the State’s September 5,
                                                 edited or removed from Regulations.gov.                 the e-notice portions of the SIP revision              2017, Submittal
                                                 EPA may publish any comment received                    in a separate proposed action. See 83 FR
                                                 to its public docket. Do not submit                                                                               The September 5, 2017, SIP revision
                                                                                                         39638 (August 10, 2018).                               makes several changes to Regulation 61–
                                                 electronically any information you                         South Carolina’s PSD regulations at
                                                 consider to be Confidential Business                                                                           62.5, Standard No. 7 at section (w)—
                                                                                                         Regulation 61–62.5, Standard No. 7,
                                                 Information (CBI) or other information                                                                         entitled ‘‘Permit rescission’’—to be
                                                                                                         were originally approved into the SIP on
                                                 whose disclosure is restricted by statute.                                                                     consistent with the federal provisions
                                                                                                         June 10, 1982 (47 FR 6017), with
                                                 Multimedia submissions (audio, video,                                                                          for rescinding PSD permits.2 Paragraph
                                                                                                         periodic revisions approved through
                                                 etc.) must be accompanied by a written                                                                         (w)(1) currently states that PSD permits
                                                                                                         August 10, 2017 (82 FR 37299). EPA is
                                                 comment. The written comment is                                                                                issued pursuant to Standard No. 7
                                                                                                         proposing to approve changes submitted
                                                 considered the official comment and                                                                            remain in effect until they expire or are
                                                                                                         in South Carolina’s September 5, 2017,
                                                 should include discussion of all points                                                                        rescinded. This subparagraph is revised
                                                                                                         SIP revision to modify the PSD
                                                 you wish to make. EPA will generally                                                                           in South Carolina’s submittal to clarify
                                                                                                         regulations to make minor edits for
                                                 not consider comments or comment                                                                               that section (w) is the only provision
                                                 contents located outside of the primary                   1 Also on September 5, 2017, South Carolina
                                                                                                                                                                under which permit rescission is
                                                 submission (i.e., on the web, cloud, or                 submitted separate SIP revisions with: Changes to      allowed. Next, paragraph (w)(2) is
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                                                 other file sharing system). For                         Regulation 61–62.1, Section I—‘‘Definitions’’ and      revised to remove the date restriction
                                                                                                         Regulation 61–62.5, Standard No. 5.2—‘‘Control of      discussed in Section II, above, that
                                                 additional submission methods, the full                 Oxides of Nitrogen (NOX);’’ the adoption of
                                                 EPA public comment policy,                              Regulation 61–62.97—‘‘Cross State Air Pollution
                                                                                                                                                                limits rescission to PSD permits issued
                                                 information about CBI or multimedia                     Rule (CSAPR) Trading Program;’’ and changes to
                                                 submissions, and general guidance on                    the regional haze SIP. The SIP revision related to       2 South Carolina also revised 61–62.5, Standard

                                                                                                         Regulation 61–62.97 (CSAPR) was previously             No. 7 at paragraph (w)(4) to address EPA’s eNotice
                                                 making effective comments, please visit                 approved on October 13, 2017 (82 FR 47939). EPA        Rule. As discussed above, EPA proposed to approve
                                                 http://www2.epa.gov/dockets/                            will address the remaining SIP revisions in separate   this change in a separate proposed action. See 83
                                                 commenting-epa-dockets.                                 actions.                                               FR 39638 (August 10, 2018).



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                                                 47856                 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules

                                                 under PSD rules in effect on or before                  Thus, in reviewing SIP submissions,                   environmental laws and regulations
                                                 July 30, 1987. South Carolina’s revised                 EPA’s role is to approve state choices,               apply to the [Catawba Indian Nation]
                                                 language is consistent with the federal                 provided that they meet the criteria of               and Reservation and are fully
                                                 Permit Rescission Rule, allowing for                    the CAA. This action merely proposes to               enforceable by all relevant state and
                                                 permit rescission if the permit meets the               approve state law as meeting Federal                  local agencies and authorities.’’ EPA
                                                 requirement of paragraph (w)(3).                        requirements and does not impose                      notes this action will not impose
                                                 Finally, paragraph (w)(3) is revised to                 additional requirements beyond those                  substantial direct costs on Tribal
                                                 change the word ‘‘shall’’ to ‘‘may’’ to                 imposed by state law. For that reason,                governments or preempt Tribal law.
                                                 clarify that this provision does not                    this proposed action:
                                                 create a mandatory duty for the State.                     • Is not a significant regulatory action           List of Subjects in 40 CFR Part 52
                                                 This change is consistent with the                      subject to review by the Office of                      Environmental protection, Air
                                                 Permit Rescission Rule at 40 CFR                        Management and Budget under                           pollution control, Carbon monoxide,
                                                 52.21(w)(3).                                            Executive Orders 12866 (58 FR 51735,                  Incorporation by reference,
                                                    The September 5, 2017, SIP revision                  October 4, 1993) and 13563 (76 FR 3821,               Intergovernmental relations, Lead,
                                                 also revises other paragraphs in                        January 21, 2011);                                    Nitrogen dioxide, Ozone, Particulate
                                                 Regulation 61–62.5, Standard No. 7 for                     • Is not an Executive Order 13771 (82              matter, Reporting and recordkeeping
                                                 consistency in formatting, to correct                   FR 9339, February 2, 2017) regulatory                 requirements, Sulfur oxides, Volatile
                                                 internal references, and to correct                     action because SIP approvals are                      organic compounds.
                                                 typographical errors. Section (b) is                    exempted under Executive Order 12866;                   Authority: 42 U.S.C. 7401 et seq.
                                                 modified at paragraph (34),                                • Does not impose an information
                                                 subparagraph (vi), to correct a                         collection burden under the provisions                  Dated: September 10, 2018.
                                                 typographical error in the definition of                of the Paperwork Reduction Act (44                    Onis ‘‘Trey’’ Glenn, III,
                                                 ‘‘Net emissions increase.’’ Next, sections              U.S.C. 3501 et seq.);                                 Regional Administrator, Region 4.
                                                 (w), (aa), and (bb) are revised to be in                   • Is certified as not having a                     [FR Doc. 2018–20529 Filed 9–20–18; 8:45 am]
                                                 bold font for internal consistency.                     significant economic impact on a                      BILLING CODE 6560–50–P
                                                 Finally, Standard No. 7 is revised to                   substantial number of small entities
                                                 make internal references and formatting                 under the Regulatory Flexibility Act (5
                                                 consistent by making changes in section                 U.S.C. 601 et seq.);                                  ENVIRONMENTAL PROTECTION
                                                 (aa) at (aa)(1)(i), (aa)(9), (aa)(11)(i), and              • Does not contain any unfunded                    AGENCY
                                                 (aa)(14)(i). EPA preliminarily finds that               mandate or significantly or uniquely
                                                 South Carolina’s revised rules are                      affect small governments, as described                40 CFR Part 52
                                                 consistent with federal requirements                    in the Unfunded Mandates Reform Act                   [EPA–R04–OAR–2018–0308; FRL–9984–
                                                 and CAA section 110.                                    of 1995 (Pub. L. 104–4);                              07—Region 4]
                                                                                                            • Does not have Federalism
                                                 IV. Incorporation by Reference                          implications as specified in Executive                Air Plan Approval; KY; Updates to
                                                    In this document, EPA is proposing to                Order 13132 (64 FR 43255, August 10,                  Attainment Status Designations
                                                 include in a final EPA rule regulatory                  1999);
                                                                                                            • Is not an economically significant               AGENCY:  Environmental Protection
                                                 text that includes incorporation by
                                                                                                         regulatory action based on health or                  Agency (EPA).
                                                 reference. In accordance with
                                                 requirements of 1 CFR 51.5, EPA is                      safety risks subject to Executive Order               ACTION: Proposed rule.
                                                 proposing to incorporate by reference                   13045 (62 FR 19885, April 23, 1997);                  SUMMARY:   The Commonwealth of
                                                 the SC DHEC regulatory paragraphs                          • Is not a significant regulatory action
                                                                                                                                                               Kentucky, through the Kentucky
                                                 identified above in Section III within SC               subject to Executive Order 13211 (66 FR
                                                                                                                                                               Division for Air Quality (KDAQ),
                                                 DHEC Regulation 61–62.5, Standard No.                   28355, May 22, 2001);
                                                                                                            • Is not subject to requirements of                submitted a revision to the Kentucky
                                                 7, entitled ‘‘Prevention of Significant                                                                       State Implementation Plan (SIP) on
                                                 Deterioration (PSD),’’ state effective on               section 12(d) of the National
                                                                                                         Technology Transfer and Advancement                   December 13, 2016. The SIP revision
                                                 August 25, 2017. EPA has made, and                                                                            updates, as of October 6, 2016, the
                                                 will continue to make, these materials                  Act of 1995 (15 U.S.C. 272 note) because
                                                                                                         application of those requirements would               description and attainment status
                                                 generally available through                                                                                   designations for geographic areas within
                                                 www.regulations.gov and at the EPA                      be inconsistent with the CAA; and
                                                                                                            • Does not provide EPA with the                    the Commonwealth for several National
                                                 Region 4 office (please contact the                                                                           Ambient Air Quality Standards
                                                 person identified in the FOR FURTHER                    discretionary authority to address, as
                                                                                                         appropriate, disproportionate human                   (NAAQS). The updates are being made
                                                 INFORMATION CONTACT section of this                                                                           to conform Kentucky’s attainment status
                                                 preamble for more information).                         health or environmental effects, using
                                                                                                         practicable and legally permissible                   tables with the federal attainment status
                                                 V. Proposed Action                                      methods, under Executive Order 12898                  designations made for these areas. The
                                                                                                         (59 FR 7629, February 16, 1994).                      Environmental Protection Agency (EPA)
                                                    EPA is proposing to approve the
                                                                                                            In addition, this proposed approval                is proposing to approve Kentucky’s SIP
                                                 changes to the SIP identified in Section
                                                                                                         for the State of South Carolina does not              revision because it is consistent with the
                                                 III, above, because they are consistent
                                                                                                         have Tribal implications as specified by              Clean Air Act (CAA or Act) and EPA’s
                                                 with the CAA and its implementing
                                                                                                         Executive Order 13175 (65 FR 67249,                   regulations.
                                                 regulations.
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                                                                                                         November 9, 2000), because it does not                DATES: Comments must be received on
                                                 VI. Statutory and Executive Order                       have substantial direct effects on an                 or before October 22, 2018.
                                                 Reviews                                                 Indian Tribe. The Catawba Indian                      ADDRESSES: Submit your comments,
                                                   Under the CAA, the Administrator is                   Nation Reservation is located within the              identified by Docket ID No. EPA–R04–
                                                 required to approve a SIP submission                    boundary of York County, South                        OAR–2018–0308 at http://
                                                 that complies with the provisions of the                Carolina. Pursuant to the Catawba                     www.regulations.gov. Follow the online
                                                 Act and applicable Federal regulations.                 Indian Claims Settlement Act, S.C. Code               instructions for submitting comments.
                                                 See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 Ann. 27–16–120, ‘‘all state and local                 Once submitted, comments cannot be


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Document Created: 2018-09-21 00:24:16
Document Modified: 2018-09-21 00:24:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before October 22, 2018.
ContactD. 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 Citation83 FR 47855 
CFR AssociatedEnvironmental 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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