83 FR 64285 - Air Plan and Operating Permit Program Approval: AL, GA and SC; Revisions to Public Notice Provisions in Permitting Programs
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 240 (December 14, 2018)
Federal Register Volume 83, Issue 240 (December 14, 2018)
| Page Range | 64285-64289 | |
| FR Document | 2018-26247 |
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)] [Rules and Regulations] [Pages 64285-64289] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26247] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA-R04-OAR-2018-0296; FRL-9987-13-Region 4] Air Plan and Operating Permit Program Approval: AL, GA and SC; Revisions to Public Notice Provisions in Permitting Programs AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving portions of State Implementation Plan (SIP) revisions and the Title V Operating Permit Program revisions submitted on May 19, 2017, by the State of Alabama, through the Alabama Department of Environmental Management (ADEM); submitted on November 29, 2017, by the State of Georgia, through the Georgia Environmental Protection Division (Georgia EPD); and submitted on September 5, 2017, by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC). These revisions address the public notice rule provisions for the New Source Review (NSR) and Title V Operating Permit programs (Title V) of the Clean Air Act (CAA or Act) that remove the mandatory requirement to provide public notice of a draft air permit in a newspaper and that allow electronic notice (``e- notice'') as an alternate noticing option. EPA is approving these revisions pursuant to the CAA and implementing federal regulations. DATES: This rule is effective January 14, 2019. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2018-0296. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information may not be 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: Ms. Kelly Fortin of the Air Permitting 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. Ms. Fortin can be reached by telephone at (404) 562-9117 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background In a notice of proposed rulemaking (NPRM) published on August 10, 2018 (83 FR 39638), EPA proposed to approve the portions of Alabama's May 19, 2017, Georgia's November 29, 2017, and South Carolina's September 5, 2017, SIP revisions and the Title V program revisions addressing the public notice requirements for CAA permitting. The details of Alabama's, Georgia's, and South Carolina's submittals and the rationale for EPA's actions are explained in the NPRM and briefly summarized below. The comment period for the proposed rule closed on September 10, 2018, and EPA did not receive any adverse comments. On October 5, 2016, EPA finalized revised public notice rule provisions for the NSR, Title V, and Outer Continental Shelf permitting programs of the CAA. See 81 FR 71613 (October 18, 2016). These rule revisions remove the mandatory requirement to provide public notice of a draft air permit through publication in a newspaper and allow for internet e-notice as an option for permitting authorities implementing their own EPA-approved SIP rules and Title V rules, such as the Alabama, Georgia, and South Carolina EPA-approved programs. Permitting authorities are not required to adopt e-notice. Nothing in the final rules prevents a permitting authority of an EPA-approved permitting program from continuing to use newspaper notification and/or from supplementing e-notice with newspaper notification and/or additional means of notification. When e-notice is provided, EPA's rule requires electronic access (e-access) to the draft permit. Generally, state and local agencies intend to post the draft permits and public notices in a designated location on their agency websites. For the noticing of draft permits issued by permitting authorities with EPA-approved programs, the rule requires the permitting authority to use ``a consistent noticing method'' for all permit notices under the specific permitting program. Alabama revised Chapter 335-3-14, Air Permits and Chapter 335-3-15, Synthetic Minor Operating Permits, and Chapter 335-3-16, Major Source Operating Permits, to incorporate EPA's amendments to the federal public notice regulations discussed above. Georgia revised Rule 391-3-1-.02(7)(a)1, Prevention of Significant Deterioration of Air Quality, and Rule 391-3-1-.03(10), Title V Operating Permits, of Georgia's Rules for Air Quality Control, Chapter 391-3-1, to incorporate EPA's amendments to the federal public notice regulations, as discussed above. South Carolina revised Regulation 61-62.5, Standard No. 7, Prevention of Significant Deterioration, and Regulation 61-62.70, Title V Operating Permit Program of the South Carolina Air Pollution Control Regulations and Standards, to incorporate EPA's amendments to the federal public notice regulations discussed above. II. 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 Alabama's Chapter 335-3-14, ``Air Permits'' at 335-3-14-.01, .04, and .05 and Chapter 335-3-15 ``Synthetic Minor Operating Permits'' at 335-3-15-.05, which address the public notice rule provisions for the NSR program, state effective December June 9, 2017; Georgia Rule 391-3-1-.02(7), Prevention of Significant Deterioration of Air Quality, which addresses the public notice rule provisions for the NSR program, state effective July 20, 2017; and South Carolina Regulation 61-62.5, Standard No. 7, ``Prevention of Significant Deterioration,'' which address the public notice rule provisions for the NSR program, state effective August 25, 2017.\1\ EPA has [[Page 64286]] 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 SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\2\ --------------------------------------------------------------------------- \1\ EPA is taking this opportunity to make administrative corrections to the entries in the ``Explanation'' columns in 40 CFR 52.50(c) for Alabama Rule 335-3-14-.04; 40 CFR 52.570(c) for Georgia Rule 391-3-1-.02(7); and 40 CFR 52.2120(c) for South Carolina Regulation 61-62.5, Standard No. 7 to more clearly reflect the federally-approved versions of these rules in the states' respective SIPs. \2\ See 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Action EPA is approving the portions of Alabama's May 19, 2017, Georgia's November 29, 2017, and South Carolina's September 5, 2017, SIP revisions and the Title V program revisions addressing the public notice requirements for CAA permitting. EPA has concluded that the States' submissions meet the plan revisions requirements of CAA section 110 and the SIP requirements of 40 CFR 51.161, 51.165, and 51.166, as well as the public notice and revisions requirements of 40 CFR 70.4 and 70.7. IV. Statutory and Executive Order Reviews In reviewing SIP and Title V submissions, EPA's role is to approve such submissions, provided that they meet the criteria of the CAA and EPA's implementing regulations. These actions merely approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state law. For that reason, these actions:Are not significant regulatory actions 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); Are not Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory actions because the actions are not significant under Executive Order 12866; Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Are 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.); Do 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); Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Are 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 Do 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). The SIPs subject to these actions, with the exception of the South Carolina SIP, are not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rules regarding SIPs do not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will they impose substantial direct costs on tribal governments or preempt tribal law. With respect to the South Carolina SIP, EPA notes that the Catawba Indian Nation Reservation is located within the boundary of York County, South Carolina, and 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.'' Thus, the South Carolina SIP applies to the Catawba Reservation; however, because the action related to South Carolina is merely modifying public notice provisions for certain types of air permits issued by SC DHEC, EPA has determined that there are no substantial direct effects on the Catawba Indian Nation. EPA has also determined that the action related to South Carolina's SIP will not impose any substantial direct costs on tribal governments or preempt tribal law. Furthermore, the rules regarding Title V Operating Permit programs do not have tribal implications because they are not approved to apply to any source of air pollution over which an Indian Tribe has jurisdiction, nor will these rules 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 February 12, 2019. 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 40 CFR Part 52 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. 40 CFR Part 70 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating Permits, Reporting and recordkeeping requirements. Dated: November 15, 2018. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: [[Page 64287]] 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 B--Alabama 0 2. Section 52.50(c) is amended by: 0 a. Revising under the heading ``Chapter No. 335-3-14 Air Permits'' the entries for ``Section 335-3-14-.01'', ``Section 335-3-14-.04'', ``Section 335-3-14-.05''; and 0 b. Revising under the heading ``Chapter No. 335-3-15 Synthetic Minor Operating Permits'' the entry for ``Section 335-3-15-.05'' The revisions read as follows: Sec. 52.50 Identification of plan. * * * * * (c) * * * EPA-Approved Alabama Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-14 Air Permits ---------------------------------------------------------------------------------------------------------------- Section 335-3-14-.01............. General Provisions.. 6/9/2017 12/14/2018, [Insert citation of publication]. * * * * * * * Section 335-3-14-.04............. Air Permits 6/9/2017 12/14/2018, [Insert Except for changes Authorizing citation of to 335-3-14- Construction in publication]. .04(2)(g)2. and the Clean Air Areas addition of 335-3- (Prevention of 14-.04(2)(bbb), Significant state effective May Deterioration 29, 2012, which EPA Permitting (PSD)). proposed to approve on August 24, 2017. Except for changes to 335-3-14- .04(2)(w)1., state effective July 11, 2006, which lists a 100 ton per year significant net emissions increase for regulated NSR pollutants not otherwise specified at 335-3-14- .04(2)(w). Except for the significant impact levels at 335-3-14- .04(10)(b) which were withdrawn from EPA consideration on October 9, 2014. Section 335-3-14-.05............. Air Permits 6/9/2017 12/14/2018, [Insert With the exception Authorizing citation of of: The portion of Construction in or publication]. 335-3-14-.05(1)(k) Near Nonattainment stating ``excluding Areas. ethanol production facilities that produce ethanol by natural fermentation''; and 335-3-14-.05(2)(c)3 (addressing fugitive emission increases and decreases). Also with the exception of the state- withdrawn elements: 335-3-14-.05(1)(h) (the actual-to- potential test for projects that only involve existing emissions units); the last sentence at 335-3-14- .05(3)(g), stating ``Interpollutant offsets shall be determined based upon the following ratios''; and the NNSR interpollutant ratios at 335-3-14- .05(3)(g)1-4. ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-15 Synthetic Minor Operating Permits ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 335-3-15-.05............. Public Participation 6/9/2017 12/14/2018, [Insert .................... citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * Subpart L--Georgia 0 3. Section 52.570(c) is amended in the table by revising the entry for ``391-3-1-.02(7)'' to read as follows: Sec. 52.570 Identification of plan. * * * * * (c) * * * EPA-Approved Georgia Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- [[Page 64288]] * * * * * * * 391-3-1-.02(7)................... Prevention of 7/20/2017 12/14/2018, [Insert Except 391-3-1- Significant citation of .02(7)(a)(2)(iv). Deterioration of publication]. See March 4, 2016 Air Quality (PSD). publication. The version of Georgia Rule 391-3- 1-.02(7) in the SIP does not incorporate by reference: (1) The provisions amended in the Ethanol Rule to exclude facilities that produce ethanol through a natural fermentation process from the definition of ``chemical process plants'' in the major NSR source permitting program found at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t), or (2) the provisions at 40 CFR 52.21(b)(2)(v) and (b)(3)(iii)(c) that were stayed indefinitely by the Fugitive Emissions Interim Rule, see March 30, 2011 publication. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * Subpart PP--South Carolina 0 4. Section 52.2120(c), is amended in the table under ``Regulation No. 62.5 Air Pollution Control Standards'' by revising the entry for ``Standard No. 7'' to read as follows: Sec. 52.2120 Identification of plan. * * * * * (c) * * * Air Pollution Control Regulations for South Carolina ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Regulation No. 62.5.............. Standard No. 7................... Prevention of 8/25/2017 12/14/2018, [Insert EPA did not take Significant citation of action on the Deterioration. publication]. 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. Except Regulation 61- 62.5, Standard No. 7(b)(30)(v) and (b)(34)(iii)(d), state effective June 26, 2015, which were withdrawn from EPA consideration on December 20, 2016. Except changes to Regulation 61-62.5, Standard No. 7(b)(34)(iii)(c), state effective June 26, 2015, which were withdrawn from EPA consideration on June 27, 2017. Except changes to 61- 62.5, Standard No. 7(b)(34), (w)(1)- (3), (aa), and (bb), state effective August 25, 2017, which EPA proposed to approve on September 21, 2018. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 64289]] * * * * * PART 70--STATE OPERATING PERMIT PROGRAMS 0 5. The authority citation for part 70 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 6. Amend appendix A to part 70 by: 0 a. Adding paragraph (a)(3) under the heading ``Alabama''; 0 b. Adding paragraph (d) under the heading ``Georgia''; and 0 c. Adding paragraph (d) under the heading ``South Carolina''. The additions read as follows: Appendix A to Part 70--Approval Status of State and Local Operating Permits Programs * * * * * Alabama (a) * * * (3) Revisions to Alabama Chapter 335-3-16-.15(4), submitted on May 19, 2017, to allow for electronic noticing of operating permits, are approved on November 15, 2018. * * * * * Georgia * * * * * (d) Revisions to Georgia Rule 391-3-1-.03(10) submitted on November 29, 2017, to allow for electronic noticing of operating permits, are approved on November 15, 2018. * * * * * South Carolina * * * * * (d) Revisions to South Carolina Regulation 61-62.70, submitted on September 5, 2017, to allow for electronic noticing of operating permits, are approved on November 15, 2018. * * * * * [FR Doc. 2018-26247 Filed 12-13-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations 64285
* * * * * the Air Regulatory Management Section, When e-notice is provided, EPA’s rule
[FR Doc. 2018–27049 Filed 12–13–18; 8:45 am] Air Planning and Implementation requires electronic access (e-access) to
BILLING CODE 6560–50–P Branch, Air, Pesticides and Toxics the draft permit. Generally, state and
Management Division, U.S. local agencies intend to post the draft
Environmental Protection Agency, permits and public notices in a
ENVIRONMENTAL PROTECTION Region 4, 61 Forsyth Street SW, Atlanta, designated location on their agency
AGENCY Georgia 30303–8960. EPA requests that websites. For the noticing of draft
if at all possible, you contact the person permits issued by permitting authorities
40 CFR Parts 52 and 70 listed in the FOR FURTHER INFORMATION with EPA-approved programs, the rule
[EPA–R04–OAR–2018–0296; FRL–9987–13– CONTACT section to schedule your requires the permitting authority to use
Region 4] inspection. The Regional Office’s ‘‘a consistent noticing method’’ for all
official hours of business are Monday permit notices under the specific
Air Plan and Operating Permit Program through Friday 8:30 a.m. to 4:30 p.m., permitting program.
Approval: AL, GA and SC; Revisions to excluding Federal holidays. Alabama revised Chapter 335–3–14,
Public Notice Provisions in Permitting Air Permits and Chapter 335–3–15,
FOR FURTHER INFORMATION CONTACT: Ms.
Programs Synthetic Minor Operating Permits, and
Kelly Fortin of the Air Permitting
AGENCY: Environmental Protection Section, Air Planning and Chapter 335–3–16, Major Source
Agency (EPA). Implementation Branch, Air, Pesticides Operating Permits, to incorporate EPA’s
and Toxics Management Division, U.S. amendments to the federal public notice
ACTION: Final rule.
Environmental Protection Agency, regulations discussed above.
SUMMARY: The Environmental Protection Georgia revised Rule 391–3–1–
Region 4, 61 Forsyth Street SW, Atlanta,
Agency (EPA) is approving portions of .02(7)(a)1, Prevention of Significant
Georgia 30303–8960. Ms. Fortin can be
State Implementation Plan (SIP) Deterioration of Air Quality, and Rule
reached by telephone at (404) 562–9117
revisions and the Title V Operating 391–3–1–.03(10), Title V Operating
or via electronic mail at fortin.kelly@
Permit Program revisions submitted on Permits, of Georgia’s Rules for Air
epa.gov.
May 19, 2017, by the State of Alabama, Quality Control, Chapter 391–3–1, to
SUPPLEMENTARY INFORMATION: incorporate EPA’s amendments to the
through the Alabama Department of
Environmental Management (ADEM); I. Background federal public notice regulations, as
submitted on November 29, 2017, by the discussed above.
In a notice of proposed rulemaking South Carolina revised Regulation 61–
State of Georgia, through the Georgia
(NPRM) published on August 10, 2018 62.5, Standard No. 7, Prevention of
Environmental Protection Division
(83 FR 39638), EPA proposed to approve Significant Deterioration, and
(Georgia EPD); and submitted on
the portions of Alabama’s May 19, 2017, Regulation 61–62.70, Title V Operating
September 5, 2017, by the State of South
Georgia’s November 29, 2017, and South Permit Program of the South Carolina
Carolina, through the South Carolina
Carolina’s September 5, 2017, SIP Air Pollution Control Regulations and
Department of Health and
revisions and the Title V program Standards, to incorporate EPA’s
Environmental Control (SC DHEC).
revisions addressing the public notice amendments to the federal public notice
These revisions address the public
requirements for CAA permitting. The regulations discussed above.
notice rule provisions for the New
details of Alabama’s, Georgia’s, and
Source Review (NSR) and Title V II. Incorporation by Reference
South Carolina’s submittals and the
Operating Permit programs (Title V) of
rationale for EPA’s actions are explained In this rule, EPA is finalizing
the Clean Air Act (CAA or Act) that
in the NPRM and briefly summarized regulatory text that includes
remove the mandatory requirement to
below. The comment period for the incorporation by reference. In
provide public notice of a draft air
proposed rule closed on September 10, accordance with requirements of 1 CFR
permit in a newspaper and that allow
2018, and EPA did not receive any 51.5, EPA is finalizing the incorporation
electronic notice (‘‘e-notice’’) as an
adverse comments. by reference of Alabama’s Chapter 335–
alternate noticing option. EPA is On October 5, 2016, EPA finalized 3–14, ‘‘Air Permits’’ at 335–3–14–.01,
approving these revisions pursuant to revised public notice rule provisions for .04, and .05 and Chapter 335–3–15
the CAA and implementing federal the NSR, Title V, and Outer Continental ‘‘Synthetic Minor Operating Permits’’ at
regulations. Shelf permitting programs of the CAA. 335–3–15–.05, which address the public
DATES: This rule is effective January 14, See 81 FR 71613 (October 18, 2016). notice rule provisions for the NSR
2019. These rule revisions remove the program, state effective December June
ADDRESSES: EPA has established a mandatory requirement to provide 9, 2017; Georgia Rule 391–3–1-.02(7),
docket for this action under Docket public notice of a draft air permit Prevention of Significant Deterioration
Identification No. EPA–R04–OAR– through publication in a newspaper and of Air Quality, which addresses the
2018–0296. All documents in the docket allow for internet e-notice as an option public notice rule provisions for the
are listed on the www.regulations.gov for permitting authorities implementing NSR program, state effective July 20,
website. Although listed in the index, their own EPA-approved SIP rules and 2017; and South Carolina Regulation
some information may not be publicly Title V rules, such as the Alabama, 61–62.5, Standard No. 7, ‘‘Prevention of
available, i.e., Confidential Business Georgia, and South Carolina EPA- Significant Deterioration,’’ which
Information or other information whose approved programs. Permitting address the public notice rule
disclosure is restricted by statute. authorities are not required to adopt e- provisions for the NSR program, state
Certain other material, such as notice. Nothing in the final rules effective August 25, 2017.1 EPA has
amozie on DSK3GDR082PROD with RULES
copyrighted material, is not placed on prevents a permitting authority of an
the internet and will be publicly EPA-approved permitting program from 1 EPA is taking this opportunity to make
available only in hard copy form. continuing to use newspaper administrative corrections to the entries in the
‘‘Explanation’’ columns in 40 CFR 52.50(c) for
Publicly available docket materials are notification and/or from supplementing Alabama Rule 335–3–14–.04; 40 CFR 52.570(c) for
available either electronically through e-notice with newspaper notification Georgia Rule 391–3–1–.02(7); and 40 CFR
www.regulations.gov or in hard copy at and/or additional means of notification. Continued
VerDate Sep<11>2014 16:07 Dec 13, 2018 Jkt 247001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.SGM 14DER1](https://thefederalregister.org/doc/83_FR_64525/page/1.svg)
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PART 52—APPROVAL AND Subpart B—Alabama ■ b. Revising under the heading
PROMULGATION OF ‘‘Chapter No. 335–3–15 Synthetic Minor
IMPLEMENTATION PLANS ■ 2. Section 52.50(c) is amended by: Operating Permits’’ the entry for
■ a. Revising under the heading ‘‘Section 335–3–15–.05’’
■ 1. The authority citation for part 52 ‘‘Chapter No. 335–3–14 Air Permits’’ the The revisions read as follows:
continues to read as follows: entries for ‘‘Section 335–3–14–.01’’, § 52.50 Identification of plan.
Authority: 42 U.S.C. 7401 et seq. ‘‘Section 335–3–14–.04’’, ‘‘Section 335– * * * * *
3–14–.05’’; and (c) * * *
EPA-APPROVED ALABAMA REGULATIONS
State EPA
State citation Title/subject effective approval Explanation
date date
* * * * * * *
Chapter No. 335–3–14 Air Permits
Section 335–3–14–.01 ............... General Provisions ................... 6/9/2017 12/14/2018, [Insert citation of
publication].
* * * * * * *
Section 335–3–14–.04 ............... Air Permits Authorizing Con- 6/9/2017 12/14/2018, [Insert citation of Except for changes to 335–3–14–.04(2)(g)2.
struction in Clean Air Areas publication]. and the addition of 335–3–14–.04(2)(bbb),
(Prevention of Significant De- state effective May 29, 2012, which EPA pro-
terioration Permitting (PSD)). posed to approve on August 24, 2017.
Except for changes to 335–3–14–.04(2)(w)1.,
state effective July 11, 2006, which lists a
100 ton per year significant net emissions in-
crease for regulated NSR pollutants not oth-
erwise specified at 335–3–14–.04(2)(w).
Except for the significant impact levels at 335–
3–14–.04(10)(b) which were withdrawn from
EPA consideration on October 9, 2014.
Section 335–3–14–.05 ............... Air Permits Authorizing Con- 6/9/2017 12/14/2018, [Insert citation of With the exception of: The portion of 335–3–
struction in or Near Non- publication]. 14–.05(1)(k) stating ‘‘excluding ethanol pro-
attainment Areas. duction facilities that produce ethanol by nat-
ural fermentation’’; and 335–3–14–.05(2)(c)3
(addressing fugitive emission increases and
decreases). Also with the exception of the
state-withdrawn elements: 335–3–14–
.05(1)(h) (the actual-to-potential test for
projects that only involve existing emissions
units); the last sentence at 335–3–14–
.05(3)(g), stating ‘‘Interpollutant offsets shall
be determined based upon the following ra-
tios’’; and the NNSR interpollutant ratios at
335–3–14–.05(3)(g)1–4.
Chapter No. 335–3–15 Synthetic Minor Operating Permits
* * * * * * *
Section 335–3–15–.05 ............... Public Participation ................... 6/9/2017 12/14/2018, [Insert citation of
publication].
* * * * * * *
* * * * * Subpart L—Georgia § 52.570 Identification of plan.
* * * * *
■ 3. Section 52.570(c) is amended in the
table by revising the entry for ‘‘391–3– (c) * * *
1–.02(7)’’ to read as follows:
EPA-APPROVED GEORGIA REGULATIONS
State EPA
State citation Title/subject effective approval Explanation
date date
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![64288 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations
EPA-APPROVED GEORGIA REGULATIONS—Continued
State EPA
State citation Title/subject effective approval Explanation
date date
* * * * * * *
391–3–1–.02(7) .......................... Prevention of Significant Dete- 7/20/2017 12/14/2018, [Insert citation of Except 391–3–1–.02(7)(a)(2)(iv). See March 4,
rioration of Air Quality (PSD). publication]. 2016 publication.
The version of Georgia Rule 391–3–1–.02(7) in
the SIP does not incorporate by reference:
(1) The provisions amended in the Ethanol
Rule to exclude facilities that produce ethanol
through a natural fermentation process from
the definition of ‘‘chemical process plants’’ in
the major NSR source permitting program
found at 40 CFR 52.21(b)(1)(i)(a) and
(b)(1)(iii)(t), or (2) the provisions at 40 CFR
52.21(b)(2)(v) and (b)(3)(iii)(c) that were
stayed indefinitely by the Fugitive Emissions
Interim Rule, see March 30, 2011 publication.
* * * * * * *
* * * * * Pollution Control Standards’’ by § 52.2120 Identification of plan.
revising the entry for ‘‘Standard No. 7’’ * * * * *
Subpart PP—South Carolina to read as follows: (c) * * *
■ 4. Section 52.2120(c), is amended in
the table under ‘‘Regulation No. 62.5 Air
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State EPA
State citation Title/subject effective approval Explanation
date date
* * * * * * *
Regulation No. 62.5.
Standard No. 7 .................... Prevention of Significant 8/25/2017 12/14/2018, [Insert citation EPA did not take action on the version of Regulation 61–
Deterioration. of publication]. 62.5, Standard No. 7, paragraph (b)(32)(i)(a) state effec-
tive 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 Amer-
ican 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 Stand-
ard 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 ef-
fective on June 24, 2005 and conditionally approved by
EPA on June 2, 2008, and were fully approved on June
23, 2011.
Except Regulation 61–62.5, Standard No. 7(b)(30)(v) and
(b)(34)(iii)(d), state effective June 26, 2015, which were
withdrawn from EPA consideration on December 20,
2016.
Except changes to Regulation 61–62.5, Standard No.
7(b)(34)(iii)(c), state effective June 26, 2015, which were
withdrawn from EPA consideration on June 27, 2017.
Except changes to 61–62.5, Standard No. 7(b)(34), (w)(1)–
(3), (aa), and (bb), state effective August 25, 2017, which
EPA proposed to approve on September 21, 2018.
* * * * * * *
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![Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations 64289
* * * * * sludge per year from the list of Federal under state authority. Information on
hazardous wastes. The EPA has decided Ecology’s action may be found at
PART 70—STATE OPERATING PERMIT to grant the petition based on an https://fortress.wa.gov/ecy/publications/
PROGRAMS evaluation of waste-specific information SummaryPages/1804023.html.
provided by Sandvik and a SUPPLEMENTARY INFORMATION: The
■ 5. The authority citation for part 70 consideration of public comments information in this section is organized
continues to read as follows: received. This action conditionally as follows:
Authority: 42 U.S.C. 7401 et seq. excludes the petitioned waste from the I. Background
■ 6. Amend appendix A to part 70 by: requirements of hazardous waste A. What is a delisting petition?
■ a. Adding paragraph (a)(3) under the regulations under the Resource B. What regulations allow a waste to be
heading ‘‘Alabama’’; Conservation and Recovery Act (RCRA) delisted?
■ b. Adding paragraph (d) under the when disposed of in a Subtitle D landfill II. Sandvik’s Petition
heading ‘‘Georgia’’; and permitted, licensed, or registered by a A. What waste did Sandvik petition EPA
■ c. Adding paragraph (d) under the State. The rule also imposes testing to delist?
conditions for waste generated in the B. What information was submitted in
heading ‘‘South Carolina’’. support of this petition?
The additions read as follows: future to ensure that this waste III. EPA’s Evaluation and Public Comments
continues to qualify for delisting. A. What decision is EPA finalizing and
Appendix A to Part 70—Approval
Subject to state-only requirements why?
Status of State and Local Operating
within the State of Washington, or B. Public Comments Received and EPA’s
Permits Programs Response
federally-authorized or state-only
* * * * * requirements in other states where the IV. Final Rule
subject wastes may be disposed of, A. What are the terms of this exclusion?
Alabama B. When is the Delisting Effective?
Sandvik’s petitioned waste may be C. How does this action affect the states?
(a) * * *
(3) Revisions to Alabama Chapter 335–3–
disposed of in a Subtitle D landfill V. Statutory and Executive Order Reviews
16-.15(4), submitted on May 19, 2017, to which is permitted, licensed, or
registered by a State to manage I. Background
allow for electronic noticing of operating
permits, are approved on November 15, 2018. municipal solid waste, or non- A. What is a delisting petition?
* * * * * municipal non-hazardous waste.
A delisting petition is a request from
DATES: This final rule is effective on
Georgia a generator to exclude waste from the
December 14, 2018. list of hazardous wastes under RCRA
* * * * * ADDRESSES: The EPA has established a
(d) Revisions to Georgia Rule 391–3–1– regulations. In a delisting petition, the
docket for this action under Docket ID petitioner must show that waste
.03(10) submitted on November 29, 2017, to
allow for electronic noticing of operating No. [EPA–R10–RCRA–2018–0538]. All generated at a particular facility does
permits, are approved on November 15, 2018. documents in the docket are listed on not meet any of the criteria for which
the www.regulations.gov website. EPA listed the waste as set forth in 40
* * * * *
Although listed in the index, some CFR 261.11 and the background
South Carolina information is not publicly available, document for the waste. In addition, a
* * * * * e.g., Confidential Business Information petitioner must demonstrate that the
(d) Revisions to South Carolina Regulation (CBI) or other information whose waste does not exhibit any of the
61–62.70, submitted on September 5, 2017, to disclosure is restricted by statute. hazardous waste characteristics (that is,
allow for electronic noticing of operating Certain other material, such as
permits, are approved on November 15, 2018. ignitability, reactivity, corrosivity, and
copyrighted material, is not placed on toxicity) and must present sufficient
* * * * * the internet and will be publicly information for us to decide whether
[FR Doc. 2018–26247 Filed 12–13–18; 8:45 am] available only in hard copy form. factors other than those for which the
BILLING CODE 6560–50–P Publicly available docket materials are waste was listed warrant retaining it as
available electronically through a hazardous waste. See 40 CFR 260.22,
www.regulations.gov or in hard copy at Section 3001(f) of RCRA, 42 U.S.C.
ENVIRONMENTAL PROTECTION the RCRA Records Center, 16th floor,
AGENCY 6921(f) and the background documents
U.S. EPA, Region 10, 1200 6th Avenue, for a listed waste.
Suite 155, OAW–150, Seattle, A generator of a waste excluded from
40 CFR Part 261
Washington 98101. This facility is open the hazardous waste lists of 40 CFR part
[EPA–R10–RCRA–2018–0538; FRL–9987– from 8:30 a.m. to 4 p.m., Monday 261 subpart D remains obligated under
68–Region 10] through Friday, excluding legal RCRA to confirm that its waste remains
holidays. The EPA recommends you nonhazardous based on the hazardous
Hazardous Waste Management telephone Dr. David Bartus at (206) 553–
System; Identifying and Listing waste characteristics in order to
2804 before visiting the Region 10 continue to manage the waste as non-
Hazardous Waste Exclusion office. The public may copy material hazardous. See 40 CFR 260.22(c)(4).
AGENCY: Environmental Protection from the regulatory docket at 15 cents
per page. B. What regulations allow a waste to be
Agency (EPA).
FOR FURTHER INFORMATION CONTACT: Dr.
delisted?
ACTION: Final rule.
David Bartus, EPA, Region 10, 1200 6th Under 40 CFR 260.20, 260.22, and 42
SUMMARY: The Environmental Protection Avenue, Suite 155, OAW–150, Seattle, U.S.C. 6921(f), facilities may petition
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Agency (EPA) (also, ‘‘the Agency’’ in Washington 98070; telephone number: the EPA to remove their wastes from
this preamble) is granting a petition (206) 553–2804; email address: hazardous waste storage and treatment
submitted by Sandvik Special Metals bartus.dave@epa.gov. requirements by excluding them from
(Sandvik), in Kennewick, Washington to As discussed in Section V below, the the lists of hazardous wastes contained
exclude (or ‘‘delist’’) up to 1,500 cubic Washington State Department of in 40 CFR 261.31 and 261.32.
yards of F006 wastewater treatment Ecology is evaluating Sandvik’s petition Specifically, 40 CFR 260.20 allows any
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Document Created: 2018-12-14 03:50:19
Document Modified: 2018-12-14 03:50:19
| 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 is effective January 14, 2019. | |
| Contact | Ms. Kelly Fortin of the Air Permitting 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. Ms. Fortin can be reached by telephone at (404) 562-9117 or via electronic mail at [email protected] | |
| FR Citation | 83 FR 64285 | |
| CFR Citation | 40
CFR
52 40 CFR 70 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Operating Permits |
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