Approval and Promulgation of Implementation Plans; South Carolina: Prevention of Significant Deterioration and Nonattainment New Source Review; Fine Particulate Matter and Nitrogen Oxides as a Precursor to Ozone, 36875-36879 [2011-15633]

Download as PDF Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations circuit by August 22, 2011. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart L—Georgia 2. Section 52.582 is amended by adding paragraph (d) to read as follows: ■ Control strategy: Ozone. * * * * (d) Determination of attaining data. EPA has determined, as of June 23, 2011, the Atlanta, Georgia nonattainment area has attaining data for the 1997 8-hour ozone NAAQS. This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 8-hour ozone NAAQS. erowe on DSK5CLS3C1PROD with RULES BILLING CODE 6560–50–P VerDate Mar<15>2010 15:03 Jun 22, 2011 Jkt 223001 Approval and Promulgation of Implementation Plans; South Carolina: Prevention of Significant Deterioration and Nonattainment New Source Review; Fine Particulate Matter and Nitrogen Oxides as a Precursor to Ozone EPA is taking final action to approve three revisions to the South Carolina State Implementation Plan (SIP), submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), to EPA on December 2, 2010, (for parallel processing) and April 14, 2009, and March 16, 2011. South Carolina provided the final version of the December 2, 2010, parallel processing submittal on March 16, 2011. The SIP revisions approved by this action incorporate updates to South Carolina’s air quality regulations under South Carolina’s New Source Review (NSR) Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) programs. First, the revisions incorporate a PSD permitting requirement promulgated in the 1997 8Hour Ozone National Ambient Air Quality Standards (NAAQS) Implementation Rule NSR Update Phase II (hereafter referred to as the ‘‘Ozone Implementation NSR Update or ‘‘Phase II Rule’’). Second, the revisions incorporate NSR provisions relating to the fine particulate matter (PM2.5) NAAQS as amended in EPA’s 2008 NSR PM2.5 Implementation Rule (hereafter referred to as the ‘‘NSR PM2.5 Rule’’). Third, the revisions incorporate NNSR requirements for calculating emissions reductions that will be used as emission offsets and ensures that those reductions are surplus to other federal requirements. As a result of the third revision, EPA also is taking final action to convert its conditional approval of South Carolina’s NNSR permitting program to full approval. EPA is approving South Carolina’s March 16, 2011, and April 14, 2009, SIP revisions because they are in accordance with the Clean Air Act (CAA or Act). Additionally, EPA is responding to adverse comments received on EPA’s March 15, 2011, proposed approval of SUMMARY: 40 CFR part 52 is amended as follows: [FR Doc. 2011–15616 Filed 6–22–11; 8:45 am] [EPA–R04–OAR–2005–0004–201119; EPA– R04–OAR–2010–0958–201119; FRL–9322–6] Environmental Protection Agency (EPA). ACTION: Final rule. Dated: June 9, 2011. A. Stanley Meiburg, Acting Regional Administrator, Region 4. * 40 CFR Part 52 AGENCY: Environmental protection, Air pollution control, Intergovernmental relations, Incorporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds, Oxides of nitrogen. § 52.582 ENVIRONMENTAL PROTECTION AGENCY PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 36875 South Carolina’s December 2, 2010, proposed SIP revision. DATES: Effective Date: This rule will be effective July 25, 2011. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2005–0004 and EPA–R04–OAR–2010– 0958. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https://www.regulations.gov or in hard copy at the 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. 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 to 4:30, excluding federal holidays. FOR FURTHER INFORMATION CONTACT: For information regarding the South Carolina SIP, contact Ms. Twunjala Bradley, 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. Ms. Bradley’s telephone number is (404) 562–9352; e-mail address: bradley.twunjala@epa.gov. For information regarding NSR, contact Ms. Yolanda Adams, Air Permits Section, at the same address above. Ms. Adams’ telephone number is (404) 562–9214; email address: adams.yolanda@epa.gov. For information regarding the Phase II Rule, contact Ms. Jane Spann, Regulatory Development Section, at the same address above. Ms. Spann’s telephone number is (404) 562–9029; e-mail address: spann.jane@epa.gov. For information regarding the PM2.5 NAAQS, contact Mr. Joel Huey, Regulatory Development Section, at the same address above. Mr. Huey’s telephone number is (404) 562–9104; e-mail address: huey.joel@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background E:\FR\FM\23JNR1.SGM 23JNR1 36876 Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations II. This Action III. EPA’s Response to Comments IV. Final Action V. Statutory and Executive Order Reviews erowe on DSK5CLS3C1PROD with RULES I. Background EPA is taking final action on three separate but related revisions to South Carolina’s SIP—all pertaining to NSR. South Carolina submitted the first two proposed revisions to EPA for parallel processing on December 2, 2010. Specifically, South Carolina’s December 2, 2010, SIP submittal proposed to: (1) Revise South Carolina’s PSD regulations at Regulation 61–62.5, Standard No. 7— Prevention of Significant Deterioration to address a PSD permitting requirement promulgated in the Phase II Rule, 70 FR 71612 (November 29, 2005); and (2) incorporate NSR provisions at South Carolina Regulation 61–62.5, Standard No. 7—Prevention of Significant Deterioration and 7.1—Nonattainment New Source Review for PM2.5 as amended in EPA’s NSR PM2.5 Rule, 73 FR 28321 (May 16, 2008). On March 15, 2011, EPA proposed approval of South Carolina’s proposed December 2, 2010, submission. See 76 FR 13962. This action includes EPA’s response to adverse comments received on the portion of EPA’s March 15, 2011, proposal pertaining to approval of South Carolina’s proposed PM2.5 revisions. South Carolina submitted the December 2, 2010, parallel processing SIP revision in final form on March 16, 2011. Additionally, South Carolina submitted a third SIP revision on April 14, 2009, to address EPA’s conditional approval of South Carolina’s NNSR program. See 73 FR 31368 (June 2, 2008). On March 24, 2011, EPA published a proposed rulemaking notice to approve a portion of the changes included in South Carolina’s April 14, 2009, submission, and to convert EPA’s previous conditional approval of South Carolina’s NNSR program to full approval. See 76 FR 16593. EPA is now taking final action to approve the changes to South Carolina’s NSR programs as noted in EPA’s March 15, 2011, and March 24, 2011, proposed rulemakings. A summary of the background for today’s final actions is provided below. For more detail, please refer to EPA’s proposed rulemakings at 76 FR 13962 (March 15, 2011), and 76 FR 16593 (March 24, 2011). a. Phase II Rule With regard to the 1997 8-hour ozone NAAQS,1 EPA’s Phase II Rule, finalized 1 On July 18, 1997, EPA promulgated a revised 8hour ozone NAAQS of 0.08 parts per million—also referred to as the 1997 8-hour ozone NAAQS. On April 30, 2004, EPA designated areas as attainment, VerDate Mar<15>2010 15:03 Jun 22, 2011 Jkt 223001 on November 29, 2005, addressed NSR permitting requirements and specifically identified nitrogen oxides (NOX) as an ozone precursor under the NSR program. See 70 FR 71612. States were required to provide SIP submissions to address the Phase II Rule requirements by June 15, 2007. On July 1, 2005, South Carolina submitted a SIP revision to adopt the PSD and NNSR provisions amended in the 2002 NSR Reform rules.2 The SIP revision became state-effective on June 24, 2005, and adopted PSD and applicable NNSR provisions at 40 CFR 51.165 and 51.166, respectively. Also in the July 1, 2005 submittal, South Carolina recognized NOX as an ozone precursor for NSR permitting purposes by adopting provisions into its SIP. At the time of South Carolina’s NSR Reform SIP submittal, the Phase II Rule had not been finalized by EPA. However, South Carolina had recognized NOX emissions as an ozone precursor in its PSD permitting practice. EPA took final action to approve South Carolina’s NSR Reform SIP revision as well as NOX as a precursor provisions into the South Carolina SIP on June 2, 2008. See 73 FR 31368. To be consistent with federal NSR permitting regulations, South Carolina’s March 16, 2011, SIP revision incorporates a NOX as ozone precursor requirement for PSD that was not included in South Carolina’s July 1, 2005, SIP submittal at Regulation 61– 62–5 Standard No. 7. Specifically, the change addresses the inclusion of ‘‘nitrogen oxides’’ in the footnote at 61– 62.5(i)(5)(i) as amended at 40 CFR 51.166(i)(5)(i)(e). The provision at 40 CFR 51.166(i)(5)(i)(e) requires sources with a net increase of 100 tons per year or more of NOX to perform an ambient impact analysis. Together, South Carolina’s previously approved July 1, 2005, SIP revision (73 FR 31368) and the March 16, 2011, SIP revision addressed by this rulemaking incorporate the Phase II Rule permitting requirements pertaining to NOX as an nonattainment and unclassifiable for the 1997 8hour ozone NAAQS. In addition, on April 30, 2004 as part of the framework to implement the 1997 8hour ozone NAAQS, EPA promulgated an implementation rule in two phases (Phase I and II). The Phase I Rule (effective on June 15, 2004), provided the implementation requirements for designating areas under subpart 1 and subpart 2 of the CAA. See 69 FR 23857. 2 On December 31, 2002 (67 FR 80186), EPA published final rule changes to 40 CFR parts 51 and 52, regarding the CAA’s PSD and NNSR programs. On November 7, 2003 (68 FR 63021), EPA published a notice of final action on the reconsideration of the December 31, 2002, final rule changes. The December 31, 2002, and the November 7, 2003, final actions are collectively referred to as the ‘‘2002 NSR Reform Rules.’’ PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 ozone precursor into the South Carolina SIP. b. NSR PM2.5 Rule With regard to the 1997 PM2.5 NAAQS, EPA finalized a rule on May 16, 2008, including changes to the NSR program. See 73 FR 28321. The 2008 NSR PM2.5 Rule revised the NSR program requirements to establish the framework for implementing preconstruction permit review for the PM2.5 NAAQS in both attainment and nonattainment areas. States are required to provide SIP submissions to address the requirements for the 2008 NSR PM2.5 Rule by May 16, 2011. South Carolina’s March 16, 2011, SIP revision addresses these requirements. c. Conversion of EPA’s Conditional Approval of South Carolina’s NNSR Program In addition to approving South Carolina’s NSR Reform SIP revision and NOX as an ozone precursor provisions, as mentioned in Section I.a. above, EPA’s June 2, 2008 (73 FR 31368), action conditionally approved South Carolina Regulation 61–62.5, Standard No. 7.1—Nonattainment New Source Review for inclusion in the South Carolina SIP. This regulation relates to South Carolina’s NNSR permit program. As part of the conditional approval, South Carolina had twelve months from the June 2, 2008, final conditional approval to submit changes to its NNSR program as described herein to be consistent with EPA federal regulations. On April 14, 2009, SC DHEC submitted a revision to the SIP, incorporating the corrections required by EPA in the conditional approval. Specifically, South Carolina revised Regulation 61–62.5, Standard No. 7.1 to include baseline provisions for calculating emission reductions to be used as offsets to meet the requirements set out in 40 CFR 51.165(a)(3)(i) and Appendix S, section IV.C. This revision affects major stationary sources in South Carolina that are subject to or potentially subject to the NNSR construction permit program. The emission offsets provisions also specify that the reductions must be surplus and cannot be used for offsets if they are otherwise required by the South Carolina SIP or other federal standards, such as New Source Performance Standards and National Emissions Standards for Hazardous Air Pollutants, including the Maximum Achievable Control Technology standards. Both of these issues, which were specifically identified in EPA’s June 2, 2008, final conditional approval, were addressed in E:\FR\FM\23JNR1.SGM 23JNR1 Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations South Carolina’s April 14, 2009, SIP revision. erowe on DSK5CLS3C1PROD with RULES II. This Action In two separate rulemakings, EPA proposed action to approve changes to South Carolina’s NSR program. First, EPA proposed to approve South Carolina’s March 16, 2011, SIP revision addressing PSD and NNSR requirements related to the implementation of the PM2.5 NAAQS as well as adding a provision of the PSD NOX as a precursor requirements established in the Phase II Rule (at 40 CFR 51.165 and 51.166). See 76 FR 13962 (March 15, 2011). These revisions were necessary to update South Carolina’s existing NSR program at Regulation 61–62.5 Standards No. 7 and 7.1 to be consistent with current federal NSR regulations. EPA has determined that South Carolina’s March 16, 2011 SIP revision, which became state-effective on February 25, 2011, meets the requirements of the 2008 NSR PM2.5 Rule and the Phase II Rule. Further, EPA has determined that South Carolina’s March 16, 2011, SIP revision is consistent with section 110 of the CAA. Second, EPA proposed to approve South Carolina’s April 14, 2009, SIP revision 3 which consists of changes to South Carolina Regulation 61–62.5, Standard No. 7.1 entitled ‘‘Nonattainment New Source Review.’’ See 76 FR 16593 (March 24, 2011). EPA received no comments on that proposal. SC DHEC submitted this SIP revision in response to EPA’s June 2, 2008 (73 FR 31368), final rule, which conditionally approved South Carolina’s NNSR program. EPA has determined that South Carolina’s April 14, 2009, SIP revision satisfies the conditions listed in EPA’s June 2, 2008, conditional approval, and today is taking final action to convert its prior conditional approval to full approval. South Carolina’s April 14, 2009, SIP revision also includes the removal of provisions which existed in South Carolina regulations that relate to requirements that were vacated from the federal program by the United States Court of Appeals for the District of Columbia Circuit on June 24, 2005. The 3 In addition to changes to address the conditional approval of South Carolina’s NNSR program and minor administrative changes, South Carolina’s April 14, 2009, SIP revision also includes provisions in Regulation 61–62.5, Standards No. 7 and 7.1 to exclude facilities that produce ethanol through a natural fermentation process (hereafter referred to as the ‘‘Ethanol Rule’’) from the definition of ‘‘chemical process plants’’ in the major NSR permitting program. See 72 FR 24060 (May 1, 2007). At this time, EPA is not taking action on South Carolina’s changes to its NSR program to incorporate the provisions of the Ethanol Rule. VerDate Mar<15>2010 15:03 Jun 22, 2011 Jkt 223001 provisions vacated from the federal rules pertain to pollution control projects (PCPs) and clean units (CUs). Since these provisions were not approved into South Carolina’s SIP, no action is required by EPA.4 As a result of the removal of the PCP and CU provisions, South Carolina’s April 14, 2009, SIP revision also includes minor administrative reference changes at Regulation 61–62.5, Standard No. 7— Prevention of Significant Deterioration and Standard No. 7.1 Nonattainment New Source Review for which EPA is now taking final action today to include in the South Carolina SIP. Given that South Carolina’s April 14, 2009, SIP revision satisfies the conditional approval requirements for conversion to a full approval, the conditional approval language at section 52.2119 of 40 CFR part 52, included in EPA’s final conditional approval published June 2, 2008 (73 FR 31368), is no longer necessary. This action removes the conditional approval language relating to South Carolina’s NNSR program from the CFR to reflect that the program has been fully approved. EPA is publishing this rulemaking to remove § 52.2119 of 40 CFR part 52. As a consequence of the changes to § 52.2119 of 40 CFR part 52, this action also moves the existing disapproval language pertaining to PCPs and CUs at § 52.2119(c) to § 52.2122(e) of 40 CFR part 52. In addition, this action moves footnote 1 in § 52.2120(c) to section 52.2122(d). Lastly, today’s action corrects an inadvertent error regarding the omission of Standard No. 7.1 entry from the table at § 52.2120(c). EPA has determined that this last change qualifies for the ‘‘good cause’’ exemption from public notice requirements pursuant to section 553(b)(3)(B) of the Administrative Procedure Act. Specifically, public notice and opportunity to comment on EPA’s correction of the CFR table is unnecessary because it neither alters the meaning of the regulations at issue nor otherwise affects EPA’s analysis of South Carolina’s NSR and NNSR SIP revisions. III. EPA’s Response to Comments EPA received one set of comments on the March 15, 2011, proposed rulemaking to approve South Carolina’s proposed December 2, 2010, SIP revision to adopt federal requirements for NSR permitting set forth in the NSR PM2.5 Implementation Rule and the 4 On June 2, 2008 (73 FR 31368), EPA disapproved provisions in South Carolina’s PSD and NNSR programs relating to PCP and CUs. Therefore, these provisions were not approved into South Carolina’s SIP. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 36877 Phase II Rule. A full set of the comments provided by a single commenter is provided in the Docket No. EPA–R04– OAR–2010–0958 for this final action. A summary of the comment and EPA’s response is provided below. Comment: The Commenter provided EPA with an electronic copy of the EPA final rulemaking entitled ‘‘Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5)—Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC); Final Rule,’’ (hereafter referred to as the PM2.5 Increments, SILs and SMC Rule). See 75 FR 64864 (October 20, 2010). The Commenter states ‘‘the South Carolina’s SIP should also include the increment and significant impact level and significant monitoring concentrations in the attached final rule.’’ Response: The requirements outlined in EPA’s PM2.5 Increments, SILs and SMC Rule are not relevant to EPA’s March 15, 2011, proposed action and today’s final action. Furthermore, the deadline for South Carolina to submit a SIP revision to adopt the requirements set forth in EPA’s PM2.5 Increments, SILs and SMC Rule has not yet passed. Specifically, as promulgated in the PM2.5 Increments, SILs and SMC Rule and in accordance with section 166(b) of the CAA, states are required to submit a SIP revision to adopt the PM2.5 increments no later than 21 months from the promulgation of the Rule, that is, by July 20, 2012. See 75 FR at 64898. EPA notes that while the PM2.5 increments are mandatory, the SILs and SMC provisions are not mandatory but in fact are elective tools that a state may incorporate into its SIP at the state’s discretion. Therefore, South Carolina has additional time to revise its SIP to incorporate the required PM2.5 PSD increments and the elective SIL and SMC provisions. IV. Final Action Pursuant to section 110 of the CAA, EPA is taking final action to approve South Carolina’s March 16, 2011, SIP revisions adopting federal regulations amended in the NSR PM2.5 Rule and the Phase II Rule (recognizing NOX as an ozone precursor) into the South Carolina SIP. EPA is approving these revisions into the South Carolina SIP because they are consistent with section 110 of the CAA and its implementing regulations. In addition, EPA is also taking final action to approve South Carolina’s April 14, 2009, SIP revision, which consists of changes to South Carolina Regulation 61–62.5, Standard No. 7.1 entitled E:\FR\FM\23JNR1.SGM 23JNR1 36878 Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations erowe on DSK5CLS3C1PROD with RULES ‘‘Nonattainment New Source Review.’’ SC DHEC submitted the April 14, 2009, SIP revision in response to EPA’s June 2, 2008, rule (73 FR 31368), which conditionally approved South Carolina’s NNSR program as provided in the State’s July 1, 2005, SIP revision. SC DHEC has now satisfied the conditions listed in EPA’s conditional approval. Therefore, today’s final action also converts EPA’s conditional approval of South Carolina’s NNSR program to a full approval. The April 14, 2009, SIP revision is consistent with federal regulations and in accordance with the CAA. In addition, EPA is taking final action to approve minor administrative reference changes at South Carolina Regulation 61–62.5 Standards No. 7 and 7.1 as a result of the removal of PCP and CU provisions. As mentioned above in Section II and as a result of final approval of today’s actions, this rulemaking makes the following administrative corrections to 40 CFR part 52: (1) Removes the conditional approval language at section 52.2119 to reflect that South Carolina’s NNSR program has been fully approved; (2) relocates the existing disapproval language at section 52.2119(c) to section 52.2122(e) of 40 CFR part 52; and (3) moves footnote 1 in section 52.2120(c) to section 52.2122(d). Lastly, today’s action also corrects an inadvertent error regarding the omission of Standard No. 7.1 entry from the table at section 52.2120(c). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • 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 VerDate Mar<15>2010 15:03 Jun 22, 2011 Jkt 223001 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). EPA has also determined that this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because there are no ‘‘substantial direct effects’’ on an Indian Tribe as a result of this action. The Catawba Indian Nation Reservation is located within the South Carolina portion of the bi-state Charlotte nonattainment area. EPA notes that the proposal for this rule incorrectly stated that the South Carolina SIP is not approved to apply in Indian country located in the state. However, 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 does apply to the Catawba Reservation. While this action revises South Carolina’s existing NSR permitting regulations in the SIP, EPA has determined that these revisions will not impose any 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 22, 2011. 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).) For purposes of judicial review, each of the three SIP revisions approved by today’s action are severable from one another. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter, Reporting and recordkeeping requirements and Volatile organic compounds. Dated: June 9, 2011. A. Stanley Meiburg, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42.U.S.C. 7401 et seq. Subpart PP—South Carolina § 52.2119 [Removed] 2. Section 52.2119 is removed. 3. Section 52.2120 (c) is amended under Regulation No. 62.5 by revising the entry for ‘‘Standard No. 7’’ and adding an entry for ‘‘Standard No. 7.1’’ to read as follows: ■ ■ § * 52.2120 Identification of plan. * * (c) * * * E:\FR\FM\23JNR1.SGM 23JNR1 * * 36879 Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA State citation State effective date Title/subject * Regulation No. 62.5 ......... * * Air Pollution Control Standards * Standard No. 7 ................. * * * Prevention of Significant Deterioration1 ..................... * 2/25/2011 * 6/23/2011 Standard No. 7.1 .............. Nonattainment New Source Review1 ......................... 2/25/2011 6/23/2011 * * * EPA approval date * * * * * * Federal Register notice * * [Insert citation of publication]. [Insert citation of publication]. * 1 This EPA action is approving revisions to the South Carolina SIP with the exception of 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. See 72 FR 24060 (May 1, 2007). * * * * * 4. Section 52.2122 is amended by adding paragraphs (d) and (e) to read as follows: ■ erowe on DSK5CLS3C1PROD with RULES § 52.2122 Approval status. (d) Regulation 61–62.5 Standard No. 7—This regulation (submitted on July 1, 2005) includes two portions of EPA’s 2002 NSR Reform Rules that were vacated by the D.C. Circuit Court— Pollution Control Projects (PCPs) and clean units. As a result, EPA is disapproving all rules and/or rule sections in the South Carolina PSD rules referencing clean units or PCPs. Specifically, the following South Carolina rules are being disapproved: (a)(2)(iv)(e); (a)(2)(iv)(f) (second sentence only); (a)(2)(vi); (b)(12); (b)(30)(iii)(h); (b)(34)(iii)(b); (b)(34)(vi)(d); (b)(35); (r)(6)—only the reference to the term ‘‘clean unit’’ is being disapproved. The remainder of this regulatory provision is being approved); (r)(7)—only the reference to the term ‘‘clean unit’’ is being disapproved. The remainder of this regulatory provision is being approved); (x); (y) and (z). (e) Regulation 61–62.5 Standard No. 7.1—EPA is disapproving two provisions of South Carolina’s NNSR program (submitted on July 1, 2005) that relate to provisions that were vacated from the federal program by the United States Court of Appeals for the District of Columbia Circuit on June 24, 2005. The two provisions vacated from the federal rules pertain to Pollution Control Projects (PCPs) and clean units. The PCP and clean unit references are severable from the remainder of the NNSR program. Specifically, the following sections of South Carolina Regulation 61–62.5 Standard No. 7.1 are being disapproved: (b)(5); (b)(6)— Second sentence only; (b)(8); (c)(4); (c)(6)(C)(viii); (c)(8)(C)(iii); (c)(8)(E)(v); VerDate Mar<15>2010 15:03 Jun 22, 2011 Jkt 223001 (c)(10); (d)(1)(C)(ix); (d)(1)(C)(x); (d)(3)— Only the reference to the term ‘‘clean unit’’ is being disapproved. The remainder of this regulatory provision is being approved; (d)(4)—Only the reference to the term ‘‘clean unit’’ is being disapproved. The remainder of this regulatory provision is being approved; (f); (g) and (h). These disapprovals were amended in 73 FR 31371, (June 2, 2008). [FR Doc. 2011–15633 Filed 6–22–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL–9323–4] Minnesota: Final Authorization of State Hazardous Waste Management Program Revision Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is granting Minnesota final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The agency published a proposed rule on January 14, 2011 and provided for public comment. The public comment period ended on February 14, 2011. We received no comments. No further opportunity for comment will be provided. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization. We now make a final decision to authorize Minnesota’s changes through this final action. DATES: The final authorization will be effective on June 23, 2011. ADDRESSES: EPA has established a docket for this action under Docket SUMMARY: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 Identification No. EPA–R05–RCRA– 2010–0738. 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 at https://www.regulations.gov or in hard copy. You may view and copy Minnesota’s application from 9:00 a.m. to 4:00 p.m. at the following addresses: U.S. EPA Region 5, LR–8J, 77 West Jackson Boulevard, Chicago, Illinois, contact: Gary Westefer (312) 886–7450; or Minnesota Pollution Control Agency, 520 Lafayette Road, North, St. Paul, Minnesota 55515, contact: Nathan Cooley (651) 757–2290. FOR FURTHER INFORMATION CONTACT: Gary Westefer, Minnesota Regulatory Specialist, U.S. EPA Region 5, LR–8J, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–7450, e-mail westefer.gary@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 changes, States must change their programs and request 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 E:\FR\FM\23JNR1.SGM 23JNR1

Agencies

[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Rules and Regulations]
[Pages 36875-36879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15633]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-0004-201119; EPA-R04-OAR-2010-0958-201119; FRL-9322-
6]


Approval and Promulgation of Implementation Plans; South 
Carolina: Prevention of Significant Deterioration and Nonattainment New 
Source Review; Fine Particulate Matter and Nitrogen Oxides as a 
Precursor to Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve three revisions to the 
South Carolina State Implementation Plan (SIP), submitted by the State 
of South Carolina, through the South Carolina Department of Health and 
Environmental Control (SC DHEC), to EPA on December 2, 2010, (for 
parallel processing) and April 14, 2009, and March 16, 2011. South 
Carolina provided the final version of the December 2, 2010, parallel 
processing submittal on March 16, 2011. The SIP revisions approved by 
this action incorporate updates to South Carolina's air quality 
regulations under South Carolina's New Source Review (NSR) Prevention 
of Significant Deterioration (PSD) and Nonattainment New Source Review 
(NNSR) programs. First, the revisions incorporate a PSD permitting 
requirement promulgated in the 1997 8-Hour Ozone National Ambient Air 
Quality Standards (NAAQS) Implementation Rule NSR Update Phase II 
(hereafter referred to as the ``Ozone Implementation NSR Update or 
``Phase II Rule''). Second, the revisions incorporate NSR provisions 
relating to the fine particulate matter (PM2.5) NAAQS as 
amended in EPA's 2008 NSR PM2.5 Implementation Rule 
(hereafter referred to as the ``NSR PM2.5 Rule''). Third, 
the revisions incorporate NNSR requirements for calculating emissions 
reductions that will be used as emission offsets and ensures that those 
reductions are surplus to other federal requirements. As a result of 
the third revision, EPA also is taking final action to convert its 
conditional approval of South Carolina's NNSR permitting program to 
full approval. EPA is approving South Carolina's March 16, 2011, and 
April 14, 2009, SIP revisions because they are in accordance with the 
Clean Air Act (CAA or Act). Additionally, EPA is responding to adverse 
comments received on EPA's March 15, 2011, proposed approval of South 
Carolina's December 2, 2010, proposed SIP revision.

DATES: Effective Date: This rule will be effective July 25, 2011.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2005-0004 and EPA-R04-OAR-2010-0958. All 
documents in the docket are listed on the https://www.regulations.gov 
Web site. Although listed in the index, some information is not 
publicly available, i.e., Confidential Business Information or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
https://www.regulations.gov or in hard copy at the 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. 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 to 
4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the South 
Carolina SIP, contact Ms. Twunjala Bradley, 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. Ms. Bradley's telephone 
number is (404) 562-9352; e-mail address: bradley.twunjala@epa.gov. For 
information regarding NSR, contact Ms. Yolanda Adams, Air Permits 
Section, at the same address above. Ms. Adams' telephone number is 
(404) 562-9214; e-mail address: adams.yolanda@epa.gov. For information 
regarding the Phase II Rule, contact Ms. Jane Spann, Regulatory 
Development Section, at the same address above. Ms. Spann's telephone 
number is (404) 562-9029; e-mail address: spann.jane@epa.gov. For 
information regarding the PM2.5 NAAQS, contact Mr. Joel 
Huey, Regulatory Development Section, at the same address above. Mr. 
Huey's telephone number is (404) 562-9104; e-mail address: 
huey.joel@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

[[Page 36876]]

II. This Action
III. EPA's Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    EPA is taking final action on three separate but related revisions 
to South Carolina's SIP--all pertaining to NSR. South Carolina 
submitted the first two proposed revisions to EPA for parallel 
processing on December 2, 2010. Specifically, South Carolina's December 
2, 2010, SIP submittal proposed to: (1) Revise South Carolina's PSD 
regulations at Regulation 61-62.5, Standard No. 7--Prevention of 
Significant Deterioration to address a PSD permitting requirement 
promulgated in the Phase II Rule, 70 FR 71612 (November 29, 2005); and 
(2) incorporate NSR provisions at South Carolina Regulation 61-62.5, 
Standard No. 7--Prevention of Significant Deterioration and 7.1--
Nonattainment New Source Review for PM2.5 as amended in 
EPA's NSR PM2.5 Rule, 73 FR 28321 (May 16, 2008). On March 
15, 2011, EPA proposed approval of South Carolina's proposed December 
2, 2010, submission. See 76 FR 13962. This action includes EPA's 
response to adverse comments received on the portion of EPA's March 15, 
2011, proposal pertaining to approval of South Carolina's proposed 
PM2.5 revisions. South Carolina submitted the December 2, 
2010, parallel processing SIP revision in final form on March 16, 2011.
    Additionally, South Carolina submitted a third SIP revision on 
April 14, 2009, to address EPA's conditional approval of South 
Carolina's NNSR program. See 73 FR 31368 (June 2, 2008). On March 24, 
2011, EPA published a proposed rulemaking notice to approve a portion 
of the changes included in South Carolina's April 14, 2009, submission, 
and to convert EPA's previous conditional approval of South Carolina's 
NNSR program to full approval. See 76 FR 16593.
    EPA is now taking final action to approve the changes to South 
Carolina's NSR programs as noted in EPA's March 15, 2011, and March 24, 
2011, proposed rulemakings. A summary of the background for today's 
final actions is provided below. For more detail, please refer to EPA's 
proposed rulemakings at 76 FR 13962 (March 15, 2011), and 76 FR 16593 
(March 24, 2011).

a. Phase II Rule

    With regard to the 1997 8-hour ozone NAAQS,\1\ EPA's Phase II Rule, 
finalized on November 29, 2005, addressed NSR permitting requirements 
and specifically identified nitrogen oxides (NOX) as an 
ozone precursor under the NSR program. See 70 FR 71612. States were 
required to provide SIP submissions to address the Phase II Rule 
requirements by June 15, 2007. On July 1, 2005, South Carolina 
submitted a SIP revision to adopt the PSD and NNSR provisions amended 
in the 2002 NSR Reform rules.\2\ The SIP revision became state-
effective on June 24, 2005, and adopted PSD and applicable NNSR 
provisions at 40 CFR 51.165 and 51.166, respectively. Also in the July 
1, 2005 submittal, South Carolina recognized NOX as an ozone 
precursor for NSR permitting purposes by adopting provisions into its 
SIP. At the time of South Carolina's NSR Reform SIP submittal, the 
Phase II Rule had not been finalized by EPA. However, South Carolina 
had recognized NOX emissions as an ozone precursor in its 
PSD permitting practice. EPA took final action to approve South 
Carolina's NSR Reform SIP revision as well as NOX as a 
precursor provisions into the South Carolina SIP on June 2, 2008. See 
73 FR 31368.
---------------------------------------------------------------------------

    \1\ On July 18, 1997, EPA promulgated a revised 8-hour ozone 
NAAQS of 0.08 parts per million--also referred to as the 1997 8-hour 
ozone NAAQS. On April 30, 2004, EPA designated areas as attainment, 
nonattainment and unclassifiable for the 1997 8-hour ozone NAAQS. In 
addition, on April 30, 2004 as part of the framework to implement 
the 1997 8-hour ozone NAAQS, EPA promulgated an implementation rule 
in two phases (Phase I and II). The Phase I Rule (effective on June 
15, 2004), provided the implementation requirements for designating 
areas under subpart 1 and subpart 2 of the CAA. See 69 FR 23857.
    \2\ On December 31, 2002 (67 FR 80186), EPA published final rule 
changes to 40 CFR parts 51 and 52, regarding the CAA's PSD and NNSR 
programs. On November 7, 2003 (68 FR 63021), EPA published a notice 
of final action on the reconsideration of the December 31, 2002, 
final rule changes. The December 31, 2002, and the November 7, 2003, 
final actions are collectively referred to as the ``2002 NSR Reform 
Rules.''
---------------------------------------------------------------------------

    To be consistent with federal NSR permitting regulations, South 
Carolina's March 16, 2011, SIP revision incorporates a NOX 
as ozone precursor requirement for PSD that was not included in South 
Carolina's July 1, 2005, SIP submittal at Regulation 61-62-5 Standard 
No. 7. Specifically, the change addresses the inclusion of ``nitrogen 
oxides'' in the footnote at 61-62.5(i)(5)(i) as amended at 40 CFR 
51.166(i)(5)(i)(e). The provision at 40 CFR 51.166(i)(5)(i)(e) requires 
sources with a net increase of 100 tons per year or more of 
NOX to perform an ambient impact analysis. Together, South 
Carolina's previously approved July 1, 2005, SIP revision (73 FR 31368) 
and the March 16, 2011, SIP revision addressed by this rulemaking 
incorporate the Phase II Rule permitting requirements pertaining to 
NOX as an ozone precursor into the South Carolina SIP.

b. NSR PM2.5 Rule

    With regard to the 1997 PM2.5 NAAQS, EPA finalized a 
rule on May 16, 2008, including changes to the NSR program. See 73 FR 
28321. The 2008 NSR PM2.5 Rule revised the NSR program 
requirements to establish the framework for implementing 
preconstruction permit review for the PM2.5 NAAQS in both 
attainment and nonattainment areas. States are required to provide SIP 
submissions to address the requirements for the 2008 NSR 
PM2.5 Rule by May 16, 2011. South Carolina's March 16, 2011, 
SIP revision addresses these requirements.

c. Conversion of EPA's Conditional Approval of South Carolina's NNSR 
Program

    In addition to approving South Carolina's NSR Reform SIP revision 
and NOX as an ozone precursor provisions, as mentioned in 
Section I.a. above, EPA's June 2, 2008 (73 FR 31368), action 
conditionally approved South Carolina Regulation 61-62.5, Standard No. 
7.1--Nonattainment New Source Review for inclusion in the South 
Carolina SIP. This regulation relates to South Carolina's NNSR permit 
program. As part of the conditional approval, South Carolina had twelve 
months from the June 2, 2008, final conditional approval to submit 
changes to its NNSR program as described herein to be consistent with 
EPA federal regulations.
    On April 14, 2009, SC DHEC submitted a revision to the SIP, 
incorporating the corrections required by EPA in the conditional 
approval. Specifically, South Carolina revised Regulation 61-62.5, 
Standard No. 7.1 to include baseline provisions for calculating 
emission reductions to be used as offsets to meet the requirements set 
out in 40 CFR 51.165(a)(3)(i) and Appendix S, section IV.C. This 
revision affects major stationary sources in South Carolina that are 
subject to or potentially subject to the NNSR construction permit 
program. The emission offsets provisions also specify that the 
reductions must be surplus and cannot be used for offsets if they are 
otherwise required by the South Carolina SIP or other federal 
standards, such as New Source Performance Standards and National 
Emissions Standards for Hazardous Air Pollutants, including the Maximum 
Achievable Control Technology standards. Both of these issues, which 
were specifically identified in EPA's June 2, 2008, final conditional 
approval, were addressed in

[[Page 36877]]

South Carolina's April 14, 2009, SIP revision.

II. This Action

    In two separate rulemakings, EPA proposed action to approve changes 
to South Carolina's NSR program. First, EPA proposed to approve South 
Carolina's March 16, 2011, SIP revision addressing PSD and NNSR 
requirements related to the implementation of the PM2.5 
NAAQS as well as adding a provision of the PSD NOX as a 
precursor requirements established in the Phase II Rule (at 40 CFR 
51.165 and 51.166). See 76 FR 13962 (March 15, 2011). These revisions 
were necessary to update South Carolina's existing NSR program at 
Regulation 61-62.5 Standards No. 7 and 7.1 to be consistent with 
current federal NSR regulations. EPA has determined that South 
Carolina's March 16, 2011 SIP revision, which became state-effective on 
February 25, 2011, meets the requirements of the 2008 NSR 
PM2.5 Rule and the Phase II Rule. Further, EPA has 
determined that South Carolina's March 16, 2011, SIP revision is 
consistent with section 110 of the CAA.
    Second, EPA proposed to approve South Carolina's April 14, 2009, 
SIP revision \3\ which consists of changes to South Carolina Regulation 
61-62.5, Standard No. 7.1 entitled ``Nonattainment New Source Review.'' 
See 76 FR 16593 (March 24, 2011). EPA received no comments on that 
proposal. SC DHEC submitted this SIP revision in response to EPA's June 
2, 2008 (73 FR 31368), final rule, which conditionally approved South 
Carolina's NNSR program. EPA has determined that South Carolina's April 
14, 2009, SIP revision satisfies the conditions listed in EPA's June 2, 
2008, conditional approval, and today is taking final action to convert 
its prior conditional approval to full approval.
---------------------------------------------------------------------------

    \3\ In addition to changes to address the conditional approval 
of South Carolina's NNSR program and minor administrative changes, 
South Carolina's April 14, 2009, SIP revision also includes 
provisions in Regulation 61-62.5, Standards No. 7 and 7.1 to exclude 
facilities that produce ethanol through a natural fermentation 
process (hereafter referred to as the ``Ethanol Rule'') from the 
definition of ``chemical process plants'' in the major NSR 
permitting program. See 72 FR 24060 (May 1, 2007). At this time, EPA 
is not taking action on South Carolina's changes to its NSR program 
to incorporate the provisions of the Ethanol Rule.
---------------------------------------------------------------------------

    South Carolina's April 14, 2009, SIP revision also includes the 
removal of provisions which existed in South Carolina regulations that 
relate to requirements that were vacated from the federal program by 
the United States Court of Appeals for the District of Columbia Circuit 
on June 24, 2005. The provisions vacated from the federal rules pertain 
to pollution control projects (PCPs) and clean units (CUs). Since these 
provisions were not approved into South Carolina's SIP, no action is 
required by EPA.\4\ As a result of the removal of the PCP and CU 
provisions, South Carolina's April 14, 2009, SIP revision also includes 
minor administrative reference changes at Regulation 61-62.5, Standard 
No. 7--Prevention of Significant Deterioration and Standard No. 7.1 
Nonattainment New Source Review for which EPA is now taking final 
action today to include in the South Carolina SIP.
---------------------------------------------------------------------------

    \4\ On June 2, 2008 (73 FR 31368), EPA disapproved provisions in 
South Carolina's PSD and NNSR programs relating to PCP and CUs. 
Therefore, these provisions were not approved into South Carolina's 
SIP.
---------------------------------------------------------------------------

    Given that South Carolina's April 14, 2009, SIP revision satisfies 
the conditional approval requirements for conversion to a full 
approval, the conditional approval language at section 52.2119 of 40 
CFR part 52, included in EPA's final conditional approval published 
June 2, 2008 (73 FR 31368), is no longer necessary. This action removes 
the conditional approval language relating to South Carolina's NNSR 
program from the CFR to reflect that the program has been fully 
approved. EPA is publishing this rulemaking to remove Sec.  52.2119 of 
40 CFR part 52. As a consequence of the changes to Sec.  52.2119 of 40 
CFR part 52, this action also moves the existing disapproval language 
pertaining to PCPs and CUs at Sec.  52.2119(c) to Sec.  52.2122(e) of 
40 CFR part 52. In addition, this action moves footnote 1 in Sec.  
52.2120(c) to section 52.2122(d). Lastly, today's action corrects an 
inadvertent error regarding the omission of Standard No. 7.1 entry from 
the table at Sec.  52.2120(c). EPA has determined that this last change 
qualifies for the ``good cause'' exemption from public notice 
requirements pursuant to section 553(b)(3)(B) of the Administrative 
Procedure Act. Specifically, public notice and opportunity to comment 
on EPA's correction of the CFR table is unnecessary because it neither 
alters the meaning of the regulations at issue nor otherwise affects 
EPA's analysis of South Carolina's NSR and NNSR SIP revisions.

III. EPA's Response to Comments

    EPA received one set of comments on the March 15, 2011, proposed 
rulemaking to approve South Carolina's proposed December 2, 2010, SIP 
revision to adopt federal requirements for NSR permitting set forth in 
the NSR PM2.5 Implementation Rule and the Phase II Rule. A 
full set of the comments provided by a single commenter is provided in 
the Docket No. EPA-R04-OAR-2010-0958 for this final action. A summary 
of the comment and EPA's response is provided below.
    Comment: The Commenter provided EPA with an electronic copy of the 
EPA final rulemaking entitled ``Prevention of Significant Deterioration 
(PSD) for Particulate Matter Less Than 2.5 Micrometers 
(PM2.5)--Increments, Significant Impact Levels (SILs) and 
Significant Monitoring Concentration (SMC); Final Rule,'' (hereafter 
referred to as the PM2.5 Increments, SILs and SMC Rule). See 
75 FR 64864 (October 20, 2010). The Commenter states ``the South 
Carolina's SIP should also include the increment and significant impact 
level and significant monitoring concentrations in the attached final 
rule.''
    Response: The requirements outlined in EPA's PM2.5 
Increments, SILs and SMC Rule are not relevant to EPA's March 15, 2011, 
proposed action and today's final action. Furthermore, the deadline for 
South Carolina to submit a SIP revision to adopt the requirements set 
forth in EPA's PM2.5 Increments, SILs and SMC Rule has not 
yet passed. Specifically, as promulgated in the PM2.5 
Increments, SILs and SMC Rule and in accordance with section 166(b) of 
the CAA, states are required to submit a SIP revision to adopt the 
PM2.5 increments no later than 21 months from the 
promulgation of the Rule, that is, by July 20, 2012. See 75 FR at 
64898. EPA notes that while the PM2.5 increments are 
mandatory, the SILs and SMC provisions are not mandatory but in fact 
are elective tools that a state may incorporate into its SIP at the 
state's discretion. Therefore, South Carolina has additional time to 
revise its SIP to incorporate the required PM2.5 PSD 
increments and the elective SIL and SMC provisions.

IV. Final Action

    Pursuant to section 110 of the CAA, EPA is taking final action to 
approve South Carolina's March 16, 2011, SIP revisions adopting federal 
regulations amended in the NSR PM2.5 Rule and the Phase II 
Rule (recognizing NOX as an ozone precursor) into the South 
Carolina SIP. EPA is approving these revisions into the South Carolina 
SIP because they are consistent with section 110 of the CAA and its 
implementing regulations.
    In addition, EPA is also taking final action to approve South 
Carolina's April 14, 2009, SIP revision, which consists of changes to 
South Carolina Regulation 61-62.5, Standard No. 7.1 entitled

[[Page 36878]]

``Nonattainment New Source Review.'' SC DHEC submitted the April 14, 
2009, SIP revision in response to EPA's June 2, 2008, rule (73 FR 
31368), which conditionally approved South Carolina's NNSR program as 
provided in the State's July 1, 2005, SIP revision. SC DHEC has now 
satisfied the conditions listed in EPA's conditional approval. 
Therefore, today's final action also converts EPA's conditional 
approval of South Carolina's NNSR program to a full approval. The April 
14, 2009, SIP revision is consistent with federal regulations and in 
accordance with the CAA. In addition, EPA is taking final action to 
approve minor administrative reference changes at South Carolina 
Regulation 61-62.5 Standards No. 7 and 7.1 as a result of the removal 
of PCP and CU provisions.
    As mentioned above in Section II and as a result of final approval 
of today's actions, this rulemaking makes the following administrative 
corrections to 40 CFR part 52: (1) Removes the conditional approval 
language at section 52.2119 to reflect that South Carolina's NNSR 
program has been fully approved; (2) relocates the existing disapproval 
language at section 52.2119(c) to section 52.2122(e) of 40 CFR part 52; 
and (3) moves footnote 1 in section 52.2120(c) to section 52.2122(d). 
Lastly, today's action also corrects an inadvertent error regarding the 
omission of Standard No. 7.1 entry from the table at section 
52.2120(c).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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).
    EPA has also determined that this rule does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because there are no ``substantial direct effects'' 
on an Indian Tribe as a result of this action. The Catawba Indian 
Nation Reservation is located within the South Carolina portion of the 
bi-state Charlotte nonattainment area. EPA notes that the proposal for 
this rule incorrectly stated that the South Carolina SIP is not 
approved to apply in Indian country located in the state. However, 
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 does apply to the Catawba Reservation. 
While this action revises South Carolina's existing NSR permitting 
regulations in the SIP, EPA has determined that these revisions will 
not impose any substantial direct costs on tribal governments or 
preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 22, 2011. 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).) For purposes of 
judicial review, each of the three SIP revisions approved by today's 
action are severable from one another.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements and Volatile organic 
compounds.

    Dated: June 9, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart PP--South Carolina


Sec.  52.2119  [Removed]

0
2. Section 52.2119 is removed.
0
3. Section 52.2120 (c) is amended under Regulation No. 62.5 by revising 
the entry for ``Standard No. 7'' and adding an entry for ``Standard No. 
7.1'' to read as follows:


Sec.   52.2120 Identification of plan.

* * * * *
    (c) * * *

[[Page 36879]]



                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                                  State       EPA approval     Federal Register
          State citation                 Title/subject       effective date       date              notice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Regulation No. 62.5..............  Air Pollution Control
                                    Standards
 
                                                  * * * * * * *
Standard No. 7...................  Prevention of                  2/25/2011       6/23/2011  [Insert citation of
                                    Significant                                               publication].
                                    Deterioration\1\.
Standard No. 7.1.................  Nonattainment New Source       2/25/2011       6/23/2011  [Insert citation of
                                    Review\1\.                                                publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This EPA action is approving revisions to the South Carolina SIP with the exception of 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. See 72 FR 24060 (May
  1, 2007).

* * * * *

0
4. Section 52.2122 is amended by adding paragraphs (d) and (e) to read 
as follows:


Sec.  52.2122  Approval status.

    (d) Regulation 61-62.5 Standard No. 7--This regulation (submitted 
on July 1, 2005) includes two portions of EPA's 2002 NSR Reform Rules 
that were vacated by the D.C. Circuit Court--Pollution Control Projects 
(PCPs) and clean units. As a result, EPA is disapproving all rules and/
or rule sections in the South Carolina PSD rules referencing clean 
units or PCPs. Specifically, the following South Carolina rules are 
being disapproved: (a)(2)(iv)(e); (a)(2)(iv)(f) (second sentence only); 
(a)(2)(vi); (b)(12); (b)(30)(iii)(h); (b)(34)(iii)(b); (b)(34)(vi)(d); 
(b)(35); (r)(6)--only the reference to the term ``clean unit'' is being 
disapproved. The remainder of this regulatory provision is being 
approved); (r)(7)--only the reference to the term ``clean unit'' is 
being disapproved. The remainder of this regulatory provision is being 
approved); (x); (y) and (z).
    (e) Regulation 61-62.5 Standard No. 7.1--EPA is disapproving two 
provisions of South Carolina's NNSR program (submitted on July 1, 2005) 
that relate to provisions that were vacated from the federal program by 
the United States Court of Appeals for the District of Columbia Circuit 
on June 24, 2005. The two provisions vacated from the federal rules 
pertain to Pollution Control Projects (PCPs) and clean units. The PCP 
and clean unit references are severable from the remainder of the NNSR 
program. Specifically, the following sections of South Carolina 
Regulation 61-62.5 Standard No. 7.1 are being disapproved: (b)(5); 
(b)(6)--Second sentence only; (b)(8); (c)(4); (c)(6)(C)(viii); 
(c)(8)(C)(iii); (c)(8)(E)(v); (c)(10); (d)(1)(C)(ix); (d)(1)(C)(x); 
(d)(3)--Only the reference to the term ``clean unit'' is being 
disapproved. The remainder of this regulatory provision is being 
approved; (d)(4)--Only the reference to the term ``clean unit'' is 
being disapproved. The remainder of this regulatory provision is being 
approved; (f); (g) and (h). These disapprovals were amended in 73 FR 
31371, (June 2, 2008).

[FR Doc. 2011-15633 Filed 6-22-11; 8:45 am]
BILLING CODE 6560-50-P
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