Approval of Implementation Plans; South Carolina: Clean Air Interstate Rule, 57257-57258 [E7-19648]

Download as PDF pwalker on PROD1PC71 with PROPOSALS Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Proposed Rules trigger certain SPW requirements that are deemed appropriate in connection with capital investment projects. For projects involving existing facilities discharging to SPW—whether in the upper, middle or lower portion of the Delaware River—only substantial additions or alterations as defined by the rule will trigger the requirements that no such project may be approved until (1) all non-discharge load reduction alternatives have been fully evaluated and rejected because of technical or financial infeasibility (section 3.10.3.A.2.c.1.) (OBW and SRW discharges); (2) the applicant has demonstrated the technical and/or financial infeasibility of using natural wastewater treatment technologies for all or a portion of the incremental load (section 3.10.3.A.2.d.5.) (OBW, SRW and tributary discharges); (3) the Commission has determined that the project is demonstrably in the public interest as defined by the rule (section 3.10.3.A.2.c.3.) (SRW discharges); and (4) the minimum level of treatment to be provided for such projects is Best Demonstrable Technology as defined by the rule (section 3.10.3.A.2.d.6.) (direct OBW and SRW discharges). The proposed amendments further clarify that alterations limited to changes in the method of disinfection and/or the addition of treatment works for nutrient removal at existing facilities are not deemed to be ‘‘substantial alterations or additions’’ triggering the foregoing requirements. In addition, the proposed amendments more clearly define the baseline to be used in measuring predicted changes to existing water quality and in evaluating the effect of discharge/load reduction alternatives and/or natural treatment alternatives for projects that involve substantial alterations or additions to existing facilities. Also noteworthy, a new paragraph is proposed to expressly authorize effluent trading between point sources to satisfy the requirement for no measurable change to existing water quality under certain circumstances. Previous Federal Register notices concerning designation of the Lower Delaware River as Special Protection Waters include notices published on September 23, 2004 (69 FR 57008) (proposed designation), August 22, 2005 (70 FR 48923) (proposed extension), August 21, 2006 (71 FR 48497) (proposed extension), and August 22, 2007 (72 FR 46931) (proposed extension). The proposed and final versions of the initial designation and the subsequent extensions also were published on the Commission’s Web site, https://www.drbc.net. VerDate Aug<31>2005 17:36 Oct 05, 2007 Jkt 214001 Dated: October 2, 2007. Pamela M. Bush, Commission Secretary. [FR Doc. E7–19799 Filed 10–5–07; 8:45 am] BILLING CODE 6360–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 57257 received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time. Written comments must be received on or before November 8, 2007. [EPA–R04–OAR–2007–0424–200746(b); FRL–8478–2] DATES: Approval of Implementation Plans; South Carolina: Clean Air Interstate Rule Submit your comments, identified by Docket ID No. EPA–R04– OAR–2007–0424, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: ward.nacosta@epa.gov. 3. Fax: (404) 562–9019. 4. Mail: EPA–R04–OAR–2007–0424, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Nacosta C. Ward, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays. Please see the direct final rule which is located in the Final Rules section of this Federal Register for detailed instructions on how to submit comments. Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve revisions to the South Carolina State Implementation Plan (SIP) submitted on August 14, 2007. These revisions will incorporate provisions related to the implementation of EPA’s Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005 and subsequently revised on April 28, 2006 and December 13, 2006, and the CAIR Federal Implementation Plans (FIPs) concerning sulfur dioxide (SO2), nitrogen oxides (NOX) annual, and NOX ozone season emissions for the State of South Carolina, promulgated on April 28, 2006 and subsequently revised December 13, 2006. EPA is not proposing to make any changes to the CAIR FIPs, but is amending, to the extent EPA approves South Carolina’s SIP revisions, the appropriate appendices in the CAIR FIP trading rules simply to note that approval. On September 19, 2007, South Carolina requested that EPA only act on a portion of the August 14, 2007, submittal as an abbreviated SIP. Consequently, EPA is proposing to approve the abbreviated SIP revisions that address the methodology to be used to allocate annual and ozone season NOX allowances under the CAIR FIPs as well as opt-in provisions for the SO2, NOX annual, and NOX ozone season trading programs. South Carolina also requested that EPA approve compliance supplement pool provisions for the NOX annual trading program. In the Final Rules Section of this Federal Register, EPA is approving the State’s SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 ADDRESSES: FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory Development Section, Air Planning 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) 562–9140. Ms. Ward can also be reached via electronic mail at ward.nacosta@epa.gov. For additional information see the direct final rule which is published in the Final Rules Section of this Federal Register. SUPPLEMENTARY INFORMATION: E:\FR\FM\09OCP1.SGM 09OCP1 57258 Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Proposed Rules Dated: September 26, 2007. J.I. Palmer, Jr., Regional Administrator, Region 4. [FR Doc. E7–19648 Filed 10–5–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA–RO5–RCRA–2007–0722; FRL–8478–4] Michigan: Final Authorization of State Hazardous Waste Management Program Revision Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: Michigan has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Michigan’s application and has preliminarily determined that these changes satisfy all requirements needed to qualify for final authorization, and is proposing to authorize the State’s changes. Comments on this proposed rule must be received on or before November 8, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– RCRA–2007–0722 by one of the following methods: https://www.regulations.gov: Follow the on-line instructions for submitting comments. E-mail: feigler.judith@epa.gov. Mail: Ms. Judith Feigler, Michigan Regulatory Specialist, RCRA Programs Section, Land and Chemicals Division, U.S. Environmental Protection Agency, 77 West Jackson Blvd., Chicago, Illinois 60604. Instructions: Direct your comments to Docket ID Number EPA–R05–RCRA– 2007–0722. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity pwalker on PROD1PC71 with PROPOSALS DATES: VerDate Aug<31>2005 17:36 Oct 05, 2007 Jkt 214001 or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters or any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at www.epagov/epahome/dockets.htm. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some of the information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy. You may view and copy Michigan’s application from 9 a.m. to 4 p.m. at the following addresses: U.S. EPA Region 5, 77 West Jackson Blvd., Chicago, Illinois, contact: Judith Feigler (312) 886–4179; or Michigan Department of Environmental Quality, Constitution Hall, 525 W. Allegan St., Lansing, Michigan (mailing address P.O. Box 30241, Lansing, Michigan 48909), contact Ronda Blayer (517) 353–9548. FOR FURTHER INFORMATION CONTACT: Ms. Judith Feigler, Michigan Regulatory Specialist, RCRA Programs Section, Land and Chemicals Division, U.S. Environmental Protection Agency, 77 West Jackson Blvd., Chicago, Illinois 60604, (312) 886–4179, e-mail feigler.judith@epa.gov. SUPPLEMENTARY INFORMATION: A. Why Are Revisions to State Programs Necessary? States which have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the federal program. As the federal program PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 changes, states must change their programs and ask EPA to authorize the changes. Changes to state programs may be necessary when federal or state statutory or regulatory authority is modified or when certain other changes occur. Most commonly, states must change their programs because of changes to EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279. B. What Decisions Have We Made in This Rule? We have preliminarily determined that Michigan’s application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we propose to grant Michigan final authorization to operate its hazardous waste program with the changes described in the authorization application. Michigan will have responsibility for permitting treatment, storage, and disposal facilities (TSDFs) within its borders (except in Indian Country) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New federal requirements and prohibitions imposed by federal regulations that EPA promulgates under the authority of HSWA take effect in authorized states before they are authorized for the requirements. Thus, EPA will implement those requirements and prohibitions in Michigan, including issuing permits, until the state is granted authorization to do so. C. What Will Be the Effect if Michigan Is Authorized for These Changes? If Michigan is authorized for these changes, a facility in Michigan subject to RCRA will have to comply with the authorized state requirements instead of the equivalent federal requirements in order to comply with RCRA. Additionally, such persons will have to comply with any applicable federal requirements, such as HSWA regulations issued by EPA for which the state has not received authorization, and RCRA requirements that are not supplanted by authorized state-issued requirements. Michigan has enforcement responsibilities under its state hazardous waste program for violations of such program, but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to: 1. Do inspections, and require monitoring, tests, analyses or reports; E:\FR\FM\09OCP1.SGM 09OCP1

Agencies

[Federal Register Volume 72, Number 194 (Tuesday, October 9, 2007)]
[Proposed Rules]
[Pages 57257-57258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19648]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0424-200746(b); FRL-8478-2]


Approval of Implementation Plans; South Carolina: Clean Air 
Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve revisions to the South Carolina 
State Implementation Plan (SIP) submitted on August 14, 2007. These 
revisions will incorporate provisions related to the implementation of 
EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005 and 
subsequently revised on April 28, 2006 and December 13, 2006, and the 
CAIR Federal Implementation Plans (FIPs) concerning sulfur dioxide 
(SO2), nitrogen oxides (NOX) annual, and 
NOX ozone season emissions for the State of South Carolina, 
promulgated on April 28, 2006 and subsequently revised December 13, 
2006. EPA is not proposing to make any changes to the CAIR FIPs, but is 
amending, to the extent EPA approves South Carolina's SIP revisions, 
the appropriate appendices in the CAIR FIP trading rules simply to note 
that approval.
    On September 19, 2007, South Carolina requested that EPA only act 
on a portion of the August 14, 2007, submittal as an abbreviated SIP. 
Consequently, EPA is proposing to approve the abbreviated SIP revisions 
that address the methodology to be used to allocate annual and ozone 
season NOX allowances under the CAIR FIPs as well as opt-in 
provisions for the SO2, NOX annual, and 
NOX ozone season trading programs. South Carolina also 
requested that EPA approve compliance supplement pool provisions for 
the NOX annual trading program.
    In the Final Rules Section of this Federal Register, EPA is 
approving the State's SIP revision as a direct final rule without prior 
proposal because the Agency views this as a noncontroversial submittal 
and anticipates no adverse comments. A detailed rationale for the 
approval is set forth in the direct final rule. If no adverse comments 
are received in response to this rule, no further activity is 
contemplated. If EPA receives adverse comments, the direct final rule 
will be withdrawn and all public comments received will be addressed in 
a subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period on this document. Any parties 
interested in commenting on this document should do so at this time.

DATES: Written comments must be received on or before November 8, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0424, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: ward.nacosta@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2007-0424, Regulatory Development Section, Air 
Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Nacosta C. Ward, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.
    Please see the direct final rule which is located in the Final 
Rules section of this Federal Register for detailed instructions on how 
to submit comments.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory 
Development Section, Air Planning 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) 562-9140. Ms. Ward can also be reached via electronic mail at 
ward.nacosta@epa.gov.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule which is published in the Final Rules Section of this 
Federal Register.


[[Page 57258]]


    Dated: September 26, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
 [FR Doc. E7-19648 Filed 10-5-07; 8:45 am]
BILLING CODE 6560-50-P
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