Approval and Promulgation of Air Quality Implementation Plans; South Carolina; Update to Materials Incorporated by Reference; Correction, 64017-64020 [2011-26772]
Download as PDF
<![CDATA[
64017
Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations
C. Petitions for Judicial Review
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 December 16, 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
concerning Maryland’s adoption of CTG
standards for drum and pail coatings
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entry for
COMAR 26.11.19.13 to read as follows:
■
Dated: October 5, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
§ 52.1070
*
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
administrative
regulations (COMAR)
citation
*
*
26.11.19
*
26.11.19.13 ...............
*
*
*
*
*
*
[FR Doc. 2011–26639 Filed 10–14–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[SC–201152; FRL–9480–3]
Approval and Promulgation of Air
Quality Implementation Plans; South
Carolina; Update to Materials
Incorporated by Reference; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
On April 25, 2011, EPA
published a final rule providing the
public with notice of the update to the
South Carolina State Implementation
Plan (SIP) compilation. This action
corrects typographical errors in the
regulatory language in EPA’s April 25,
2011, final rule.
DATES: This action is effective October
17, 2011.
ADDRESSES: Copies of the
documentation used in the action being
rmajette on DSK29S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
12:28 Oct 14, 2011
Jkt 226001
EPA approval date
*
*
*
Volatile Organic Compounds from Specific Processes
*
*
*
Drum and Pail Coating ..........................................
*
*
State effective
date
Title/subject
5/16/11
*
*
*
10/17/11 [Insert page
number where the
document begins].
*
corrected are available for inspection
during normal business hours at the
following location: U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303–
8960. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Ms.
Lynorae Benjamin, Chief, 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.
Benjamin can be reached at 404–562–
9040, or via electronic mail at
benjamin.lynorae@epa.gov.
SUPPLEMENTARY INFORMATION: This
action corrects typographical errors in
the regulatory language for several
entries that appear in paragraphs (c) and
(e) of South Carolina’s Identification of
Plan at 40 CFR 52.2120. The final
action, which provided the public with
notice of the update to the South
Carolina SIP compilation, was approved
by EPA on April 25, 2011 (76 FR 22817).
However, EPA inadvertently cited,
incorrect State effective dates, EPA
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
*
*
Additional explanation/
citation at 40 CFR
52.1100
*
*
Revisions to Section title
and Sections .13A,
.13B, and .13C and
addition of new Section .13D.
*
approval dates, and Federal Register
notice citations. Therefore, EPA is
correcting these typographical errors by
inserting the correct entries into
paragraphs (c) and (e) of 40 CFR
52.2120.
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action are unnecessary
because today’s action to correct
inadvertent errors contained in
paragraphs (c) and (e) of 40 CFR 52.2120
of the rulemaking and has no
substantive impact on EPA’s April 25,
2011, approval. In addition, EPA can
identify no particular reason why the
public would be interested in being
notified of the correction, or in having
the opportunity to comment on the
correction prior to this action being
finalized, since this correction action
does not change the meaning of EPA’s
action to approve the changes to
E:\FR\FM\17OCR1.SGM
17OCR1
64018
Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations
rmajette on DSK29S0YB1PROD with RULES
paragraphs (c) and (e) of 40 CFR
52.2120.
EPA also finds that there is good
cause under APA section 553(d)(3) for
this correction to become effective on
the date of publication of this action.
Section 553(d)(3) of the APA allows an
effective date less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. Today’s rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, today’s action
merely corrects typographical errors in
paragraphs (c) and (e) of a prior
rulemaking by correcting the State
effective dates, EPA approval dates, and
Federal Register notice citations as
identified above in 40 CFR 52.2120 in
a revision, which EPA approved on
April 25, 2011. For these reasons, EPA
finds good cause under APA section
553(d)(3) for this correction to become
effective on the date of publication of
this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely corrects
typographical errors in paragraphs (c)
and (e) of a prior rulemaking by
correcting the citation as identified
above in 40 CFR 52.2120, which EPA
approved on April 25, 2011, and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this rule merely
corrects inadvertent errors in paragraphs
(c) and (e) of a prior rule, and does not
impose any additional enforceable duty
beyond that required by state law, it
does not contain any unfunded mandate
VerDate Mar<15>2010
12:28 Oct 14, 2011
Jkt 226001
or significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
rule also does not have Federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule merely
corrects typographical errors in
paragraphs (c) and (e) of a prior
rulemaking by correcting citations as
identified above in 40 CFR 52.2120 in
a revision which EPA approved on
April 25, 2011, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act (CAA). This rule also is
not subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant. In addition, this rule does
not involve technical standards, thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule also
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
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 rule 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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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 December 16, 2011. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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 CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 6, 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
2. Section 52.2120 is amended as
follows:
■ a. In paragraph (c), revise the entries
for:
■ i. Section V;
■ ii. Standard No. 4, Sections IX and X;
■ iii. Standard No. 5, Section II, Parts B
through D, G, H, O through R, and T;
■ iv. Standard No. 7 heading;
■ v. Standard No. 7, Regulation No.
62.7, Sections I through IV; and
■ vi. Standard No. 7, Regulation No.
62.96.
■ b. In paragraph (e), revise the first,
fourth, and fifth entries.
■
§ 52.2120
*
Identification of plan.
*
*
*
*
(c) EPA approved regulations.
E:\FR\FM\17OCR1.SGM
17OCR1
64019
Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State effective
date
State citation
Title/subject
*
*
Section V ...................................................
*
*
*
Credible Evidence ..................................................
*
*
Standard No. 4 ..........................................
*
*
*
Emissions From Process Industries .......................
*
*
Section IX ..................................................
Section X ...................................................
*
*
*
Visible Emissions ....................................................
Non-Enclosed Operations ......................................
*
*
Standard No. 5 ..........................................
*
*
Volatile Organic Compounds.
*
*
Section II ...................................................
Part B ........................................................
Part C ........................................................
Part D ........................................................
*
*
*
Provisions for Specific Sources.
Surface Coating of Coils ........................................
Surface Coating of Paper, Vinyl, and Fabric .........
Surface Coating of Metal Furniture and Large Appliances.
8/24/1990
8/24/1990
8/24/1990
*
*
Part G ........................................................
Part H ........................................................
*
*
*
Surface Coating of Flat Wood Paneling .................
Graphic Arts—Rotogravure Flexography ...............
2/25/1983
2/25/1983
*
*
Part O ........................................................
Part P ........................................................
*
*
*
Petroleum Liquid Storage in Fixed Roof Tanks .....
Petroleum Liquid Storage in External Floating
Roof Tanks.
Manufacture of Synthesized Pharmaceutical Products.
Manufacture of Pneumatic Rubber Tires ...............
EPA approval
date
Part Q ........................................................
Part R ........................................................
*
7/27/2001
11/13/2002
*
7/2/1990
7/2/1990
*
*
*
2/4/1992
2/4/1992
2/4/1992
*
57 FR 4158
57 FR 4158
57 FR 4158
10/31/1983
10/31/1983
*
48 FR 50078
48 FR 50078
2/25/1983
2/25/1983
10/31/1983
10/31/1983
*
48 FR 50078
48 FR 50078
2/25/1983
10/31/1983
48 FR 50078
2/25/1983
10/31/1983
48 FR 50078
10/31/1983
*
48 FR 50078
6/2/2008
*
73 FR 31378
*
*
*
Standard No. 7 ..........................................
*
*
*
Prevention of Significant Deterioration1 .................
6/24/2005
*
*
Regulation No. 62.7 ..................................
Section I ....................................................
Section II ...................................................
Section III ..................................................
Section IV ..................................................
Regulation No. 62.96 ................................
*
*
*
Good Engineering Practice Stack Height ...............
General ...................................................................
Applicability .............................................................
Definitions and Conditions ......................................
Public Participation .................................................
Nitrogen Oxides (NOX) and Sulfur Dioxide (SO2)
Budget Trading Program General Provisions.
5/23/1986
5/23/1986
5/23/1986
5/23/1986
5/23/1986
10/24/2008
*
*
55 FR 27226
55 FR 27226
*
2/25/1983
*
*
*
4/22/1988
4/22/1988
*
*
*
Bulk Gasoline Terminals and Vapor Collection
Systems.
*
*
67 FR 68767
*
*
*
Part T .........................................................
*
Federal
Register
notice
*
*
*
*
5/28/1987
5/28/1987
5/28/1987
5/28/1987
5/28/1987
10/16/2009
*
1 This
52
52
52
52
52
74
*
FR
FR
FR
FR
FR
FR
19858
19858
19858
19858
19858
53167
*
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).
rmajette on DSK29S0YB1PROD with RULES
*
*
*
VerDate Mar<15>2010
*
*
12:28 Oct 14, 2011
(e) EPA-approved South Carolina nonregulatory provisions.
Jkt 226001
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
E:\FR\FM\17OCR1.SGM
17OCR1
64020
Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations
State effective
date
Provision
Cherokee County Ozone Attainment Demonstration and Ten-year Maintenance Plan.
*
*
*
*
Attainment Demonstration for the Appalachian, Catawba, Pee Dee,
Waccamaw, Santee Lynches, Berkeley-Charleston-Dorchester, Low
Country, Lower Savannah, Central Midlands, and Upper Savannah
Early Action Compact Areas.
South Carolina Transportation Conformity Air Quality Implementation
Plan.
*
*
*
[FR Doc. 2011–26772 Filed 10–14–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0600; FRL–9479–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Adoption of Control
Techniques Guidelines for Plastic
Parts and Business Machines Coatings
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maryland.
This SIP revision includes amendments
to the Code of Maryland (COMAR)
26.11.19.07, Volatile Organic
Compounds from Specific Processes,
Paper, Fabric, Film and Foil Coating,
and adds new COMAR 26.11.19.07–2,
Plastic Parts and Business Machines
Coating. Maryland’s SIP revision meets
the requirement to adopt Reasonably
Available Control Technology (RACT)
for sources covered by EPA’s Control
Techniques Guidelines (CTG) standards
for plastic parts and business machines
coatings and will help Maryland attain
and maintain the National Ambient Air
Quality Standard (NAAQS) for ozone.
EPA is approving this revision
concerning the adoption of the CTG
requirements for plastic parts and
business machines coatings in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on November 16, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
rmajette on DSK29S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
12:28 Oct 14, 2011
Jkt 226001
EPA approval date
6/26/1998
12/18/1998, 63 FR
70019.
6/25/2004
*
*
8/26/2005, 70 FR 50195
11/19/2008
7/28/2009, 74 FR 37168
*
*
Number EPA–R03–OAR–2011–0600. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) 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 for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(2) of the CAA, 42
U.S.C. 7511a(b)(2), requires that states
having moderate nonattainment areas
for ozone revise their SIP to include
provisions requiring the implementation
of RACT for certain sources, including
categories of volatile organic compound
(VOC) sources covered by a CTG
document issued by the Administrator
between November 15, 1990 and the
date of attainment. EPA originally
developed CTG standards for
miscellaneous metal and plastic
products, which includes plastic parts
and business machines coating, in 1978
and revised them in 2008. Maryland
subsequently made changes to its SIP
PO 00000
Frm 00020
Fmt 4700
Explanation
Sfmt 4700
*
*
*
which adopted EPA’s CTG standards for
plastic parts and business machines
coatings. The formal SIP revision was
submitted by Maryland to EPA on June
22, 2011. On August 19, 2011 (76 FR
51922), EPA published a notice of
proposed rulemaking (NPR) for
Maryland. The NPR proposed approval
of Maryland’s SIP revision for adoption
of the CTG standards for plastic parts
and business machines coatings. No
comments were received on the NPR.
II. Summary of SIP Revision
On June 22, 2011, the Maryland
Department of the Environment (MDE)
submitted to EPA a SIP revision (#11–
03) concerning the adoption of the
emission limits for plastic parts and
business machines coatings, part of the
EPA miscellaneous metal and plastic
parts coatings CTG. EPA develops CTGs
as guidance on control requirements for
source categories. States can follow the
CTGs or adopt more restrictive
standards. The State of Maryland has
adopted EPA’s CTG standards for plastic
parts and business machine coating
processes. These regulations are in
COMAR 26.11.19, Volatile Organic
Compounds from Specific Processes.
Specifically, this revision amends the
existing regulation at section
26.11.19.07 by moving existing VOC
coating standards for plastic parts and
vinyl from this section to a new section,
COMAR 26.11.19.07–2, Plastic Parts and
Business Machines Coating.
Additionally, coating standards for
plastic parts and business machines
from EPA’s CTG are being adopted into
COMAR 26.11.19.07–2, as well as new
definitions and application methods.
Tables 1–3 below outline the emission
standards adopted by Maryland for
plastic parts coatings, business
machines coatings, and printing
standards.
E:\FR\FM\17OCR1.SGM
17OCR1
]]>Agencies
[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Rules and Regulations]
[Pages 64017-64020]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26772]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SC-201152; FRL-9480-3]
Approval and Promulgation of Air Quality Implementation Plans;
South Carolina; Update to Materials Incorporated by Reference;
Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On April 25, 2011, EPA published a final rule providing the
public with notice of the update to the South Carolina State
Implementation Plan (SIP) compilation. This action corrects
typographical errors in the regulatory language in EPA's April 25,
2011, final rule.
DATES: This action is effective October 17, 2011.
ADDRESSES: Copies of the documentation used in the action being
corrected are available for inspection during normal business hours at
the following location: U.S. Environmental Protection Agency, Region 4,
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Lynorae Benjamin, Chief,
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.
Benjamin can be reached at 404-562-9040, or via electronic mail at
benjamin.lynorae@epa.gov.
SUPPLEMENTARY INFORMATION: This action corrects typographical errors in
the regulatory language for several entries that appear in paragraphs
(c) and (e) of South Carolina's Identification of Plan at 40 CFR
52.2120. The final action, which provided the public with notice of the
update to the South Carolina SIP compilation, was approved by EPA on
April 25, 2011 (76 FR 22817). However, EPA inadvertently cited,
incorrect State effective dates, EPA approval dates, and Federal
Register notice citations. Therefore, EPA is correcting these
typographical errors by inserting the correct entries into paragraphs
(c) and (e) of 40 CFR 52.2120.
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action are
unnecessary because today's action to correct inadvertent errors
contained in paragraphs (c) and (e) of 40 CFR 52.2120 of the rulemaking
and has no substantive impact on EPA's April 25, 2011, approval. In
addition, EPA can identify no particular reason why the public would be
interested in being notified of the correction, or in having the
opportunity to comment on the correction prior to this action being
finalized, since this correction action does not change the meaning of
EPA's action to approve the changes to
[[Page 64018]]
paragraphs (c) and (e) of 40 CFR 52.2120.
EPA also finds that there is good cause under APA section 553(d)(3)
for this correction to become effective on the date of publication of
this action. Section 553(d)(3) of the APA allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3).
The purpose of the 30-day waiting period prescribed in APA section
553(d)(3) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's action merely corrects typographical errors in
paragraphs (c) and (e) of a prior rulemaking by correcting the State
effective dates, EPA approval dates, and Federal Register notice
citations as identified above in 40 CFR 52.2120 in a revision, which
EPA approved on April 25, 2011. For these reasons, EPA finds good cause
under APA section 553(d)(3) for this correction to become effective on
the date of publication of this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely corrects typographical errors in paragraphs (c) and (e) of a
prior rulemaking by correcting the citation as identified above in 40
CFR 52.2120, which EPA approved on April 25, 2011, and imposes no
additional requirements beyond those imposed by state law. Accordingly,
the Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
merely corrects inadvertent errors in paragraphs (c) and (e) of a prior
rule, and does not impose any additional enforceable duty beyond that
required by state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This rule also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This rule merely corrects typographical
errors in paragraphs (c) and (e) of a prior rulemaking by correcting
citations as identified above in 40 CFR 52.2120 in a revision which EPA
approved on April 25, 2011, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act (CAA). This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant. In addition, this rule does not involve technical
standards, thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This rule also does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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 rule 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 December 16, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 6, 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
0
2. Section 52.2120 is amended as follows:
0
a. In paragraph (c), revise the entries for:
0
i. Section V;
0
ii. Standard No. 4, Sections IX and X;
0
iii. Standard No. 5, Section II, Parts B through D, G, H, O through R,
and T;
0
iv. Standard No. 7 heading;
0
v. Standard No. 7, Regulation No. 62.7, Sections I through IV; and
0
vi. Standard No. 7, Regulation No. 62.96.
0
b. In paragraph (e), revise the first, fourth, and fifth entries.
Sec. 52.2120 Identification of plan.
* * * * *
(c) EPA approved regulations.
[[Page 64019]]
Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
State citation Title/subject effective date date notice
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section V......................... Credible Evidence.... 7/27/2001 11/13/2002 67 FR 68767
* * * * * * *
Standard No. 4.................... Emissions From .............. .............. .....................
Process Industries.
* * * * * * *
Section IX........................ Visible Emissions.... 4/22/1988 7/2/1990 55 FR 27226
Section X......................... Non-Enclosed 4/22/1988 7/2/1990 55 FR 27226
Operations.
* * * * * * *
Standard No. 5.................... Volatile Organic
Compounds.
* * * * * * *
Section II........................ Provisions for
Specific Sources.
Part B............................ Surface Coating of 8/24/1990 2/4/1992 57 FR 4158
Coils.
Part C............................ Surface Coating of 8/24/1990 2/4/1992 57 FR 4158
Paper, Vinyl, and
Fabric.
Part D............................ Surface Coating of 8/24/1990 2/4/1992 57 FR 4158
Metal Furniture and
Large Appliances.
* * * * * * *
Part G............................ Surface Coating of 2/25/1983 10/31/1983 48 FR 50078
Flat Wood Paneling.
Part H............................ Graphic Arts-- 2/25/1983 10/31/1983 48 FR 50078
Rotogravure
Flexography.
* * * * * * *
Part O............................ Petroleum Liquid 2/25/1983 10/31/1983 48 FR 50078
Storage in Fixed
Roof Tanks.
Part P............................ Petroleum Liquid 2/25/1983 10/31/1983 48 FR 50078
Storage in External
Floating Roof Tanks.
Part Q............................ Manufacture of 2/25/1983 10/31/1983 48 FR 50078
Synthesized
Pharmaceutical
Products.
Part R............................ Manufacture of 2/25/1983 10/31/1983 48 FR 50078
Pneumatic Rubber
Tires.
* * * * * * *
Part T............................ Bulk Gasoline 2/25/1983 10/31/1983 48 FR 50078
Terminals and Vapor
Collection Systems.
* * * * * * *
Standard No. 7.................... Prevention of 6/24/2005 6/2/2008 73 FR 31378
Significant
Deterioration\1\.
* * * * * * *
Regulation No. 62.7............... Good Engineering 5/23/1986 5/28/1987 52 FR 19858
Practice Stack
Height.
Section I......................... General.............. 5/23/1986 5/28/1987 52 FR 19858
Section II........................ Applicability........ 5/23/1986 5/28/1987 52 FR 19858
Section III....................... Definitions and 5/23/1986 5/28/1987 52 FR 19858
Conditions.
Section IV........................ Public Participation. 5/23/1986 5/28/1987 52 FR 19858
Regulation No. 62.96.............. Nitrogen Oxides (NOX) 10/24/2008 10/16/2009 74 FR 53167
and Sulfur Dioxide
(SO2) Budget Trading
Program General
Provisions.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ 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) EPA-approved South Carolina non-regulatory provisions.
[[Page 64020]]
----------------------------------------------------------------------------------------------------------------
State
Provision effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Cherokee County Ozone 6/26/1998 12/18/1998, 63 FR 70019........ ...............................
Attainment Demonstration and
Ten-year Maintenance Plan.
* * * * * * *
Attainment Demonstration for 6/25/2004 8/26/2005, 70 FR 50195......... ...............................
the Appalachian, Catawba, Pee
Dee, Waccamaw, Santee
Lynches, Berkeley-Charleston-
Dorchester, Low Country,
Lower Savannah, Central
Midlands, and Upper Savannah
Early Action Compact Areas.
South Carolina Transportation 11/19/2008 7/28/2009, 74 FR 37168......... ...............................
Conformity Air Quality
Implementation Plan.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2011-26772 Filed 10-14-11; 8:45 am]
BILLING CODE 6560-50-P
