Air Plan Approval; South Carolina: Air Emissions Reporting, 24851-24853 [2017-10920]
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p.m. on May 16, 2017, through 5 p.m.
July 14, 2017.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.10,
165.11, and 165.13 as well as the
following regulations, apply.
(2) During periods of enforcement, all
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(3) During periods of enforcement,
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other means, the operator of the vessel
must proceed as directed.
Dated: May 16, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2017–11212 Filed 5–30–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0217; FRL–9962–30–
Region 4]
Air Plan Approval; South Carolina: Air
Emissions Reporting
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve changes to the South
Carolina State Implementation Plan
(SIP) to address requirements for the
reporting of emissions of criteria air
pollutants (CAPs) and their precursors.
EPA is approving a SIP revision
submitted on June 14, 2010, by the State
of South Carolina, through the South
Carolina Department of Health and
Environmental Control (SC DHEC), and
portions of subsequent SIP revisions
submitted on August 8, 2014 and
November 4, 2016, which further revise
the regulations concerning the reporting
of emissions. This action is being taken
pursuant to the Clean Air Act (CAA or
Act).
DATES: This direct final rule is effective
July 31, 2017 without further notice,
unless EPA receives adverse comment
by June 30, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0217 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: D.
Brad Akers, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr. Akers
can be reached via telephone at (404)
562–9089 or via electronic mail at
akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
The Air Emissions Reporting
Requirements (AERR), set forth at 40
CFR part 51, subpart A, are
requirements for the reporting of CAPs
and precursors for all point sources,
mobile sources, and nonpoint sources.
The requirements for reporting of point
source emissions from states to the
emissions inventory system (EIS) is
outlined in Appendix A to subpart A,
which sets an annual or triennial
reporting period based on thresholds of
potential to emit. This set of reporting
requirements and schedules,
promulgated October 17, 2008 (73 FR
76539), replaced the Consolidated
Emissions Reporting Requirements
(CERR) established on June 10, 2002 (67
FR 39602). The CERR replaced prior
reporting requirements under 40 CFR
part 51, subpart Q. It expanded the
pollutants covered and geographic areas
reporting, and served as the basis for
data collection in the EIS, which is used
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
24851
to develop the national emissions
inventory (NEI). The AERR rulemaking
was promulgated in an effort to
harmonize various reporting
requirements for the states, including
those previously established with the
CERR, additional reporting required for
ozone and carbon monoxide
nonattainment areas, and reporting
requirements under the oxides of
nitrogen (NOX) SIP Call. The AERR was
later revised on February 19, 2015, to
make those reporting requirements for
nonattainment areas and the NOX SIP
Call optional under 40 CFR part 51,
subpart A, among other changes. See 80
FR 8787.
II. Analysis of State’s Submittal
This SIP revision, submitted first in
the June 14, 2010, submittal, and later
updated in the August 8, 2014, and
November 4, 2016, submittals, clarifies
federal requirements for reporting of
point source emissions as revised in the
AERR at South Carolina Regulation 61–
62.1, Section III—‘‘Emissions Inventory
and Emissions Statements.’’ South
Carolina previously adopted the CERR
provisions for major source reporting,
which were approved into the SIP on
December 7, 2006 (71 FR 70880). The
June 14, 2010, submittal and the
portions of the August 8, 2014, and
November 4, 2016, submittals addressed
in this action update those requirements
to be consistent with the AERR. EPA is
not acting on the portion of the August
8, 2014, submittal that formally adopted
the emissions statement requirement in
South Carolina’s SIP for sources of NOX
and volatile organic compounds (VOC)
pursuant to CAA section 182(a)(3)(B),
covering nonattainment areas for the
ozone national ambient air quality
standards (NAAQS). This portion of the
August 8, 2014, submittal was approved
on June 12, 2015 (80 FR 33413). EPA is
also not acting on other portions of the
August 8, 2014, and November 4, 2016,
submittals revising other South Carolina
regulations.1
1 EPA is not acting on the additional changes
made in the August 8, 2014, submittal to the
following rules: Regulation 61–62.1, Section I—
‘‘Definitions;’’ Regulation 61–62.1, Section II—
‘‘Permit Requirements;’’ Regulation 61–62.1,
Section IV—‘‘Source Tests;’’ Regulation 61–62.1,
Section V—‘‘Credible Evidence;’’ Regulation 61–
62.5, Standard No. 1—‘‘Emissions from Fuel
Burning Operations;’’ or Regulation 61–62.5,
Standard No. 4—‘‘Emissions from Process
Industries.’’ EPA is also not acting on the additional
changes made in the November 4, 2016, submittal
to the following rules: Regulation 61–62.1, Section
II—‘‘Permit Requirements;’’ Regulation 61–62.5,
Standard No. 1—‘‘Emissions from Fuel Burning
Operations;’’ Regulation 61–62.5, Standard No. 2—
‘‘Ambient Air Quality Standards;’’ or Regulation
61–62.5, Standard No. 4—‘‘Emissions from Process
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31MYR1
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24852
Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
The three submittals from SC DHEC
addressed in this action formally adopt
the federal AERR provisions and
thresholds for point sources into the
SIP, thereby providing a mechanism for
the state to collect emissions from
sources and report those to EPA. The
point source reporting in the AERR
generally applies to major sources, as
defined in 40 CFR part 70, the title V
regulations. These types of sources are
required to report annual emissions in
a triennial period. For certain larger
point sources, emissions are required to
be reported annually through the EIS.
The AERR also provides for triennial
reporting of VOCs for minor sources in
‘‘serious,’’ ‘‘severe,’’ and ‘‘extreme’’
ozone nonattainment areas for sources
that emit greater than or equal to 50 tpy,
25 tpy and 10 tpy, respectively. The
AERR also requires reporting of
emissions of particulate matter with a
diameter of 10 micrometers or less
(PM10) that are greater than or equal to
70 tpy in any area designated as
‘‘serious’’ nonattainment for PM10.
South Carolina’s June 14, 2010, August
8, 2014, and November 4, 2016,
submittals adopt these nonattainment
inventory reporting requirements in full.
In addition, the AERR was recently
updated on February 19, 2015, to
provide for a lower threshold for the
reporting of lead emissions,
independent of the designation with
respect to the lead NAAQS (80 FR
8787). The lead reporting requirement is
based on a threshold of 0.5 tpy of
monitored emissions, which means
reporting is triggered by actual
emissions rather than potential
emissions. South Carolina’s November
4, 2016, submittal, incorporates this
update to the AERR.
Finally, emissions other than CAPs
are at the state’s discretion to report to
the EIS, such as hazardous air pollutants
(HAPs) (40 CFR 51.15(a)(4)). South
Carolina originally included the
reporting of HAPs in its June 14, 2010,
adoption of AERR provisions, but
removed this requirement in its August
8, 2014, update to its rules. The net
effect of these revisions is that HAPs are
not required to be reported in this
format.
EPA is approving South Carolina’s
adoption of federal AERR provisions as
described above pursuant to the CAA.
Industries.’’ EPA will address these additional
changes to the South Carolina SIP in a separate
action. Finally, EPA is not acting on the change
made to Regulation 61–62.60—‘‘South Carolina
Designated Facility Plan and New Source
Performance Standards’’ because this is not part of
the federally approved SIP.
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III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate
by reference of SC DHEC Regulation 61–
62.1, Section III, entitled ‘‘Emissions
Inventory,’’ effective September 23,
2016. Therefore, these materials have
been approved by EPA for inclusion in
the State implementation plan, have
been incorporated by reference by EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of EPA’s approval, and
will be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.2
EPA has made, and will continue to
make, these documents generally
available electronically through https://
www.regulations.gov and/or in hard
copy at the EPA Region 4 office (see the
ADDRESSES section of this preamble for
more information).
IV. Final Action
EPA is approving changes to South
Carolina Regulation 61–62.1, Section III,
made on June 14, 2010, and later revised
on August 8, 2014, and November 4,
2016. These changes revise South
Carolina’s emissions reporting
requirements for point sources in its SIP
to be consistent with federal regulations.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective July 31, 2017
without further notice unless the
Agency receives adverse comments by
June 30, 2017.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on July 31, 2017
and no further action will be taken on
the proposed rule.
2 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00028
Fmt 4700
Sfmt 4700
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.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this direct final rule for
South Carolina does not have Tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because it does not have
substantial direct effects on an Indian
Tribe. The Catawba Indian Nation
Reservation is located within York
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24853
Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
County in South Carolina. Pursuant to
the Catawba Indian Claims Settlement
Act, S.C. Code Ann. 27–16–120, ‘‘all
state and local environmental laws and
regulations apply to the [Catawba Indian
Nation] and Reservation and are fully
enforceable by all relevant state and
local agencies and authorities.’’ EPA
notes that today’s action will not impose
substantial direct costs on Tribal
governments or preempt Tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 31, 2017. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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
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: April 27, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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(c) is amended by
revising an entry under ‘‘Regulation No.
62.1’’ entitled ‘‘Section III’’ to read as
follows:
■
§ 52.2120
*
Identification of plan.
*
*
(c) * * *
*
*
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State effective
date
State citation
Title/subject
*
*
Section III ........................................
*
*
Emission Inventory and Emissions
Statement.
*
*
*
*
*
*
*
*
[FR Doc. 2017–10920 Filed 5–30–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0020; FRL–9963–15–
Region 8]
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Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to the
Administrative Rules of Montana
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve State Implementation
Plan (SIP) revisions submitted by the
SUMMARY:
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EPA approval
date
*
9/23/2016
*
5/31/2017
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2017–0020 at https://
www.regulations.gov. Follow the online
ADDRESSES:
Frm 00029
Fmt 4700
*
*
[Insert Federal Register page citation]
*
state of Montana on September 8, 2016.
The revisions are to the Administrative
Rules of Montana (ARM) and include
updates to the citations and references
to federal and state laws and
regulations, updated links to sources of
information, and provides clarity on
how copies of federal regulations may
be obtained. This action is being taken
in accordance with section 110 of the
Clean Air Act (CAA).
DATES: This rule is effective on August
29, 2017 without further notice, unless
the EPA receives adverse comment by
June 30, 2017. If the EPA receives
adverse comment, we will publish a
timely withdrawal of the direct final
rule in the Federal Register informing
the public that the rule will not take
effect.
PO 00000
Federal Register notice
Sfmt 4700
*
*
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system).
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Publicly available docket
materials are available either
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31MYR1
Agencies
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24851-24853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10920]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0217; FRL-9962-30-Region 4]
Air Plan Approval; South Carolina: Air Emissions Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve changes to the South Carolina State
Implementation Plan (SIP) to address requirements for the reporting of
emissions of criteria air pollutants (CAPs) and their precursors. EPA
is approving a SIP revision submitted on June 14, 2010, by the State of
South Carolina, through the South Carolina Department of Health and
Environmental Control (SC DHEC), and portions of subsequent SIP
revisions submitted on August 8, 2014 and November 4, 2016, which
further revise the regulations concerning the reporting of emissions.
This action is being taken pursuant to the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective July 31, 2017 without
further notice, unless EPA receives adverse comment by June 30, 2017.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0217 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or
via electronic mail at akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Air Emissions Reporting Requirements (AERR), set forth at 40
CFR part 51, subpart A, are requirements for the reporting of CAPs and
precursors for all point sources, mobile sources, and nonpoint sources.
The requirements for reporting of point source emissions from states to
the emissions inventory system (EIS) is outlined in Appendix A to
subpart A, which sets an annual or triennial reporting period based on
thresholds of potential to emit. This set of reporting requirements and
schedules, promulgated October 17, 2008 (73 FR 76539), replaced the
Consolidated Emissions Reporting Requirements (CERR) established on
June 10, 2002 (67 FR 39602). The CERR replaced prior reporting
requirements under 40 CFR part 51, subpart Q. It expanded the
pollutants covered and geographic areas reporting, and served as the
basis for data collection in the EIS, which is used to develop the
national emissions inventory (NEI). The AERR rulemaking was promulgated
in an effort to harmonize various reporting requirements for the
states, including those previously established with the CERR,
additional reporting required for ozone and carbon monoxide
nonattainment areas, and reporting requirements under the oxides of
nitrogen (NOX) SIP Call. The AERR was later revised on
February 19, 2015, to make those reporting requirements for
nonattainment areas and the NOX SIP Call optional under 40
CFR part 51, subpart A, among other changes. See 80 FR 8787.
II. Analysis of State's Submittal
This SIP revision, submitted first in the June 14, 2010, submittal,
and later updated in the August 8, 2014, and November 4, 2016,
submittals, clarifies federal requirements for reporting of point
source emissions as revised in the AERR at South Carolina Regulation
61-62.1, Section III--``Emissions Inventory and Emissions Statements.''
South Carolina previously adopted the CERR provisions for major source
reporting, which were approved into the SIP on December 7, 2006 (71 FR
70880). The June 14, 2010, submittal and the portions of the August 8,
2014, and November 4, 2016, submittals addressed in this action update
those requirements to be consistent with the AERR. EPA is not acting on
the portion of the August 8, 2014, submittal that formally adopted the
emissions statement requirement in South Carolina's SIP for sources of
NOX and volatile organic compounds (VOC) pursuant to CAA
section 182(a)(3)(B), covering nonattainment areas for the ozone
national ambient air quality standards (NAAQS). This portion of the
August 8, 2014, submittal was approved on June 12, 2015 (80 FR 33413).
EPA is also not acting on other portions of the August 8, 2014, and
November 4, 2016, submittals revising other South Carolina
regulations.\1\
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\1\ EPA is not acting on the additional changes made in the
August 8, 2014, submittal to the following rules: Regulation 61-
62.1, Section I--``Definitions;'' Regulation 61-62.1, Section II--
``Permit Requirements;'' Regulation 61-62.1, Section IV--``Source
Tests;'' Regulation 61-62.1, Section V--``Credible Evidence;''
Regulation 61-62.5, Standard No. 1--``Emissions from Fuel Burning
Operations;'' or Regulation 61-62.5, Standard No. 4--``Emissions
from Process Industries.'' EPA is also not acting on the additional
changes made in the November 4, 2016, submittal to the following
rules: Regulation 61-62.1, Section II--``Permit Requirements;''
Regulation 61-62.5, Standard No. 1--``Emissions from Fuel Burning
Operations;'' Regulation 61-62.5, Standard No. 2--``Ambient Air
Quality Standards;'' or Regulation 61-62.5, Standard No. 4--
``Emissions from Process Industries.'' EPA will address these
additional changes to the South Carolina SIP in a separate action.
Finally, EPA is not acting on the change made to Regulation 61-
62.60--``South Carolina Designated Facility Plan and New Source
Performance Standards'' because this is not part of the federally
approved SIP.
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[[Page 24852]]
The three submittals from SC DHEC addressed in this action formally
adopt the federal AERR provisions and thresholds for point sources into
the SIP, thereby providing a mechanism for the state to collect
emissions from sources and report those to EPA. The point source
reporting in the AERR generally applies to major sources, as defined in
40 CFR part 70, the title V regulations. These types of sources are
required to report annual emissions in a triennial period. For certain
larger point sources, emissions are required to be reported annually
through the EIS.
The AERR also provides for triennial reporting of VOCs for minor
sources in ``serious,'' ``severe,'' and ``extreme'' ozone nonattainment
areas for sources that emit greater than or equal to 50 tpy, 25 tpy and
10 tpy, respectively. The AERR also requires reporting of emissions of
particulate matter with a diameter of 10 micrometers or less
(PM10) that are greater than or equal to 70 tpy in any area
designated as ``serious'' nonattainment for PM10. South
Carolina's June 14, 2010, August 8, 2014, and November 4, 2016,
submittals adopt these nonattainment inventory reporting requirements
in full.
In addition, the AERR was recently updated on February 19, 2015, to
provide for a lower threshold for the reporting of lead emissions,
independent of the designation with respect to the lead NAAQS (80 FR
8787). The lead reporting requirement is based on a threshold of 0.5
tpy of monitored emissions, which means reporting is triggered by
actual emissions rather than potential emissions. South Carolina's
November 4, 2016, submittal, incorporates this update to the AERR.
Finally, emissions other than CAPs are at the state's discretion to
report to the EIS, such as hazardous air pollutants (HAPs) (40 CFR
51.15(a)(4)). South Carolina originally included the reporting of HAPs
in its June 14, 2010, adoption of AERR provisions, but removed this
requirement in its August 8, 2014, update to its rules. The net effect
of these revisions is that HAPs are not required to be reported in this
format.
EPA is approving South Carolina's adoption of federal AERR
provisions as described above pursuant to the CAA.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate by reference of SC DHEC
Regulation 61-62.1, Section III, entitled ``Emissions Inventory,''
effective September 23, 2016. Therefore, these materials have been
approved by EPA for inclusion in the State implementation plan, have
been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\2\ EPA has made, and will
continue to make, these documents generally available electronically
through https://www.regulations.gov and/or in hard copy at the EPA
Region 4 office (see the ADDRESSES section of this preamble for more
information).
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\2\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving changes to South Carolina Regulation 61-62.1,
Section III, made on June 14, 2010, and later revised on August 8,
2014, and November 4, 2016. These changes revise South Carolina's
emissions reporting requirements for point sources in its SIP to be
consistent with federal regulations.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective July 31, 2017
without further notice unless the Agency receives adverse comments by
June 30, 2017.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on July 31, 2017 and no
further action will be taken on the proposed rule.
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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this direct final rule for South Carolina does not
have Tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000), because it does not have substantial direct
effects on an Indian Tribe. The Catawba Indian Nation Reservation is
located within York
[[Page 24853]]
County in South Carolina. Pursuant to the Catawba Indian Claims
Settlement Act, S.C. Code Ann. 27-16-120, ``all state and local
environmental laws and regulations apply to the [Catawba Indian Nation]
and Reservation and are fully enforceable by all relevant state and
local agencies and authorities.'' EPA notes that today's action will
not impose substantial direct costs on Tribal governments or preempt
Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 31, 2017. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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
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: April 27, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PP--South Carolina
0
2. Section 52.2120(c) is amended by revising an entry under
``Regulation No. 62.1'' entitled ``Section III'' to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
State citation Title/subject effective date date notice
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* * * * * * *
Section III....................... Emission Inventory 9/23/2016 5/31/2017 [Insert Federal
and Emissions Register page
Statement. citation]
* * * * * * *
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* * * * *
[FR Doc. 2017-10920 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P