Approval and Promulgation of Implementation Plans; South Carolina; Regional Haze State Implementation Plan, 39079-39083 [2017-17222]
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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9222.
Ms. Sheckler can also be reached via
electronic mail at sheckler.kelly@
epa.gov.
In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
implementation plan revision as a direct
final rule without prior proposal
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this rule, no further activity
is contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period on this
document. Any parties interested in
commenting on this document should
do so at this time.
SUPPLEMENTARY INFORMATION:
Dated: August 4, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017–17239 Filed 8–16–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2013–0389; FRL–9966–16–
Region 4]
Approval and Promulgation of
Implementation Plans; South Carolina;
Regional Haze State Implementation
Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; supplemental.
AGENCY:
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Comments must be received on
or before September 18, 2017.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2013–0389 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is issuing a supplement to
its proposed approval of a revision 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)
on December 28, 2012. South Carolina’s
SIP revision (Progress Report) addresses
requirements of the Clean Air Act (CAA
or Act) and EPA’s rules that require
each state to submit periodic reports
describing progress towards reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of the state’s existing SIP
addressing regional haze (regional haze
SUMMARY:
plan). EPA’s proposed approval of
South Carolina’s Progress Report was
published in the Federal Register on
January 17, 2014. This supplemental
proposal addresses the potential effects
on EPA’s proposed approval from the
April 29, 2014, decision of the United
States Supreme Court (Supreme Court)
remanding to the United States Court of
Appeals for the District of Columbia
Circuit (D.C. Circuit) EPA’s Cross-State
Air Pollution Rule (CSAPR) for further
proceedings and the D.C. Circuit’s July
28, 2015, decision on remand.
Michele Notarianni, 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. Ms.
Notarianni can be reached via telephone
at (404) 562–9031 and via electronic
mail at notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Each state is required to submit a
progress report in the form of a SIP
revision during the first implementation
period that evaluates progress towards
the RPGs for each mandatory Class I
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39079
federal area (Class I area) 1 within the
state and in each mandatory Class I area
outside the state that may be affected by
emissions from within the state. See 40
CFR 51.308(g). In addition, the
provisions under 40 CFR 51.308(h)
require states to submit, at the same
time as the progress report, a
determination of the adequacy of the
state’s existing regional haze plan. The
first progress report is due five years
after submittal of the initial regional
haze plan.
SC DHEC submitted its first regional
haze plan on December 17, 2007, and
submitted its Progress Report on
December 28, 2012. The Progress Report
and accompanying cover letter included
a determination that South Carolina’s
existing regional haze plan requires no
substantive revision to achieve the
established regional haze visibility
improvement and emissions reduction
goals for 2018. EPA proposed to find
that the State’s Progress Report satisfied
the requirements of 40 CFR 51.308(g)
and (h) in a notice of proposed
rulemaking (NPRM) published on
January 17, 2014 (79 FR 3147). Today’s
notice supplements that 2014 NPRM by
more fully explaining and soliciting
comment on the basis for the Agency’s
proposed approval as it relates to the
Clean Air Interstate Rule (CAIR) and
CSAPR.
II. Summary of South Carolina’s
Progress Report and EPA’s 2014 NPRM
In accordance with requirements in
EPA’s Regional Haze Rule (RHR), South
Carolina’s Progress Report describes the
progress made towards the RPGs of
Class I areas in and outside South
Carolina that are affected by emissions
from South Carolina’s sources.2 See 40
CFR 51.308(g). This Progress Report also
included an assessment of whether
South Carolina’s existing regional haze
plan is sufficient to allow it and other
nearby states with Class I areas to
achieve their RPGs by the end of the
first implementation period. See 40 CFR
51.308(h). In the 2014 NPRM, EPA
proposed to approve the State’s Progress
Report as adequately addressing 40 CFR
1 Areas designated as mandatory Class I federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977. 42 U.S.C.
7472(a). These areas are listed at 40 CFR part 81,
subpart D.
2 EPA promulgated a rule to address regional
haze, the RHR, on July 1, 1999. See 64 FR 35713.
The RHR revised the existing visibility regulations
to integrate into the regulation provisions
addressing regional haze impairment and
established a comprehensive visibility protection
program for Class I areas. See 40 CFR 51.308 and
51.309. EPA revised the RHR on January 10, 2017.
See 82 FR 3078.
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51.308(g) and (h). EPA’s proposed
conclusions in the 2014 NPRM
regarding South Carolina’s Progress
Report are briefly summarized below.
South Carolina’s Progress Report
included a description of the status of
measures in its regional haze plan; a
summary of the emissions reductions
achieved; an assessment of the visibility
conditions for Cape Romain Wilderness
Area, the only Class I area in the State;
an analysis of the changes in emissions
from sources and activities within the
State; an assessment of any significant
changes in anthropogenic emissions
within or outside the State that have
limited or impeded visibility
improvement progress in Class I areas
impacted by the State’s sources; an
assessment of the sufficiency of the
regional haze plan to enable South
Carolina and states affected by South
Carolina’s sources to meet the RPGs for
their Class I areas; and a review of the
State’s visibility monitoring strategy. As
explained in the 2014 NPRM, EPA
proposed to find that South Carolina’s
Progress Report adequately addressed
the applicable provisions under 40 CFR
51.308(g).
In addition, South Carolina
simultaneously submitted a
determination pursuant to 40 CFR
51.308(h) that its regional haze plan is
sufficient to enable the State and states
affected by South Carolina’s sources to
achieve the RPGs for Class I areas
affected by South Carolina’s sources.
The State also declared that further
revision of the existing regional haze
plan was not needed at that time. As
explained in detail in the 2014 NPRM,
EPA proposed to determine that South
Carolina had adequately addressed 40
CFR 51.308(h) because visibility has
improved at Cape Romain; sulfur
dioxide (SO2) emissions from the State’s
sources have decreased beyond original
projections; 3 additional electric
generating unit (EGU) control measures
not relied upon in the State’s regional
haze plan have occurred or will occur
in the implementation period; and the
SO2 emissions from EGUs in South
Carolina are already below the levels
projected for 2018 in the regional haze
plan and are expected to continue to
3 In its regional haze plan and Progress Report,
South Carolina focused its assessment on SO2
emissions from EGUs because the regional planning
organization, the Visibility Improvement State and
Tribal Association of the Southeast (VISTAS),
determined that sulfates accounted for more than 70
percent of the visibility-impairing pollution in the
Southeast and that SO2 point source emissions in
2018 represent more than 95 percent of the total
SO2 emissions inventory. In its Progress Report,
South Carolina states that sulfates continue to be
the biggest single contributor to regional haze at
Cape Romain.
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trend downward, as will the SO2
emissions from EGUs in the other
VISTAS states. In the 2014 NPRM, EPA
proposed to approve South Carolina’s
Progress Report SIP as meeting the
requirements of 40 CFR 51.308(g) and
(h).
III. Impact of CAIR and CSAPR on
South Carolina’s Progress Report
Decisions by the courts regarding EPA
rules addressing the interstate transport
of pollutants have had a substantial
impact on EPA’s review of the regional
haze plans of many states. In 2005, EPA
issued regulations allowing states to rely
on CAIR to meet certain requirements of
the RHR. See 70 FR 39104 (July 6,
2005).4 Like many other states subject to
CAIR, South Carolina relied on CAIR in
its regional haze plan to meet certain
requirements of the RHR, including the
criteria for alternatives to the best
available retrofit technology (BART)
requirements for emissions of SO2 and
nitrogen oxides (NOX) from certain
EGUs in the State. This reliance was
consistent with EPA’s regulations. See
70 FR 39104 (July 6, 2005). However, in
2008, the D.C. Circuit remanded CAIR to
EPA without vacatur to preserve the
environmental benefits provided by the
rule. North Carolina v. EPA, 550 F.3d
1176, 1178 (D.C. Cir. 2008). On August
8, 2011 (76 FR 48208), acting on the
D.C. Circuit’s remand, EPA promulgated
CSAPR to replace CAIR and issued
Federal Implementation Plans (FIPs) to
implement the rule in CSAPR-subject
states.5 Implementation of CSAPR was
scheduled to begin on January 1, 2012,
when CSAPR would have superseded
the CAIR program. However, numerous
parties filed petitions for review of
CSAPR, and at the end of 2011, the D.C.
Circuit issued an order staying CSAPR
pending resolution of the petitions and
directing EPA to continue to administer
CAIR. Order of December 30, 2011, in
EME Homer City Generation, L.P. v.
EPA, D.C. Cir. No. 11–1302.
4 CAIR created regional cap-and-trade programs to
reduce SO2 and NOX emissions in 27 eastern states,
including South Carolina, that contributed to
downwind nonattainment and maintenance of the
1997 8-hour ozone National Ambient Air Quality
Standards (NAAQS) and/or the 1997 fine
particulate matter (PM2.5) NAAQS. See 70 FR 25162
(May 12, 2005).
5 CSAPR requires 27 Eastern states to limit their
statewide emissions of SO2 and/or NOX in order to
mitigate transported air pollution unlawfully
impacting other states’ ability to attain or maintain
four NAAQS: The 1997 ozone NAAQS, the 1997
annual PM2.5 NAAQS, the 2006 24-hour PM2.5
NAAQS, and the 2008 8-hour ozone NAAQS. The
CSAPR emissions limitations are defined in terms
of maximum statewide budgets for emissions of
annual SO2, annual NOX, and/or ozone-season NOx
by each covered state’s large EGUs.
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On June 28, 2012 (77 FR 38509), EPA
finalized a limited approval of South
Carolina’s regional haze plan addressing
the first implementation period for
regional haze. In a separate action,
published on June 7, 2012 (77 FR
33642), EPA finalized a limited
disapproval of regional haze plans from
South Carolina and several other states
because these plans relied on CAIR to
meet certain regional haze requirements,
and also amended the Regional Haze
Rule to provide that participation by a
state’s EGUs in a CSAPR trading
program for a given pollutant—either a
CSAPR federal trading program
implemented through a CSAPR FIP or
an integrated CSAPR state trading
program implemented through an
approved CSAPR SIP revision—
qualifies as a BART alternative for those
EGUs for that pollutant.6 See 40 CFR
51.308(e)(4). In that same June 7, 2012,
action, EPA also finalized FIPs to
replace reliance on CAIR with reliance
on CSAPR to address deficiencies in
CAIR-dependent regional haze plans of
several states, including South
Carolina’s regional haze plan.
Following these EPA actions,
however, the D.C. Circuit issued a
decision in EME Homer City Generation,
L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012),
vacating and remanding CSAPR to EPA
and ordering continued implementation
of CAIR pending the promulgation of a
valid replacement. On April 29, 2014,
the Supreme Court reversed the D.C.
Circuit’s decision on CSAPR and
remanded the case to the D.C. Circuit to
resolve remaining issues in accordance
with the high court’s ruling.7 EPA v.
EME Homer City Generation, L.P., 134 S.
Ct. 1584 (2014). On remand, the D.C.
Circuit affirmed CSAPR in most
respects, but invalidated without
vacating some of the CSAPR budgets for
a number of states. EME Homer City
Generation, L.P. v. EPA, 795 F.3d 118
6 Legal challenges to the CSAPR Better-thanBART rule from state, industry, and other
petitioners are pending. Utility Air Regulatory
Group v. EPA, No. 12–1342 (D.C. Cir. filed August
6, 2012).
7 After the Supreme Court’s decision, EPA filed
a motion to lift the stay on CSAPR and asked the
D.C. Circuit to toll CSAPR’s compliance deadlines
by three years, so that the Phase 1 emissions
budgets apply in 2015 and 2016 (instead of 2012
and 2013), and the Phase 2 emissions budgets apply
in 2017 and beyond (instead of 2014 and beyond).
On October 23, 2014, the D.C. Circuit granted EPA’s
motion. Order of October 23, 2014, in EME Homer
City Generation, L.P. v. EPA, D.C. Cir. No. 11–1302.
EPA subsequently issued an interim final rule to
clarify how EPA would implement CSAPR
consistent with the D.C. Circuit’s order lifting the
stay and tolling the rule’s deadlines. See 79 FR
71663 (December 3, 2014) (interim final
rulemaking). Pursuant to the interim final
rulemaking, EPA began implementation of CSAPR
on January 1, 2015.
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(D.C. Cir. 2015). The remanded budgets
include the Phase 2 SO2 emissions
budget and ozone-season NOX budget
for South Carolina. The CSAPR
litigation ultimately delayed
implementation of the rule for three
years, from January 1, 2012, when
CSAPR’s cap-and-trade programs were
originally scheduled to replace the CAIR
cap-and-trade programs, to January 1,
2015. Thus, the rule’s Phase 2 budgets,
originally promulgated to begin on
January 1, 2014, took effect on January
1, 2017.
On May 26, 2017, South Carolina
submitted a draft SIP revision for
parallel processing that adopts
provisions for participation in the
CSAPR annual NOX and annual SO2
trading programs, including annual NOX
and annual SO2 budgets that are equal
to the budgets for South Carolina in
EPA’s CSAPR FIP. EPA signed a NPRM
on July 28, 2017 proposing to approve
the SIP revision. As approval of that SIP
revision would eliminate South
Carolina’s remanded federallyestablished Phase 2 SO2 budget, it is
EPA’s opinion that finalization of
approval of that action would address
the judicial remand of South Carolina’s
federally-established Phase 2 SO2
budget.8
CAIR was in effect at the time that
South Carolina submitted its Progress
Report on December 28, 2012, and the
State included an assessment of the
emission reductions from the
implementation of CAIR in its report.
South Carolina’s Progress Report
discussed the status of the litigation
concerning CAIR and CSAPR, but
because CSAPR was not at that time in
effect, South Carolina did not take
actual emissions reductions from
CSAPR into account in assessing its
regional haze plan. For the same reason,
in the 2014 NPRM, EPA did not assess
at that time the impact of CSAPR nor
the CSAPR FIP on the abilities of South
Carolina and its neighbors to meet their
RPGs.
The purpose of this supplemental
proposal is to seek comment on the
effect of the D.C. Circuit’s 2015 decision
on the Agency’s assessment of South
8 On September 7, 2016, EPA finalized an update
to the CSAPR ozone-season program. See 81 FR
74504 (October 26, 2016). The update addresses
summertime transport of ozone pollution in the
eastern United States that crosses state lines to help
downwind states and communities meet and
maintain the 2008 8-hour ozone NAAQS and
addresses the remanded Phase 2 ozone season NOX
budgets. The update withdraws the remanded
ozone-season NOX budgets, sets new Phase 2
CSAPR ozone season NOX emissions budgets for
eight of the eleven states with remanded budgets,
and removes the other three states from the CSAPR
ozone season NOX trading program.
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Carolina’s Progress Report and the
State’s determination that its existing
regional haze plan need not be revised
at this time. Given the complex
background summarized above, EPA is
proposing to determine that South
Carolina appropriately took CAIR into
account in its Progress Report. CAIR
was in effect during the 2007–2011
period addressed by South Carolina’s
Progress Report. EPA approved South
Carolina’s regulations implementing
CAIR as part of the South Carolina SIP
on October 16, 2009 (74 FR 53167), and
at the time of submission of its Progress
Report, neither South Carolina nor EPA
had taken any action to remove CAIR
from the South Carolina SIP. See 40 CFR
52.2120(c). Therefore, EPA proposes to
find that South Carolina appropriately
evaluated and relied on CAIR
reductions to demonstrate the State’s
progress towards meeting its RPGs.
The State’s Progress Report also
demonstrated that Class I areas in other
states impacted by South Carolina
sources were on track to meet their
RPGs as discussed in the 2014 NPRM.
See 79 FR 3151. EPA’s intention in
requiring the progress reports pursuant
to 40 CFR 51.308(g) was to ensure that
emission management measures in the
regional haze plans are being
implemented on schedule and that
visibility improvement appears to be
consistent with the RPGs. See 64 FR
35713, 35747 (July 1, 1999). CAIR was
in effect in South Carolina through
2014, providing the emission reductions
relied upon in South Carolina’s regional
haze plan. Thus, EPA is proposing to
determine that South Carolina
appropriately took into account CAIR
reductions in assessing the
implementation of measures in the
regional haze plan for the 2007–2011
timeframe, and EPA believes that it is
appropriate to rely on CAIR emission
reductions for purposes of assessing the
adequacy of South Carolina’s Progress
Report demonstrating progress during
this timeframe because CAIR remained
effective and provided the requisite
emission reductions.
In addition, EPA also believes that
reliance upon CAIR reductions to show
South Carolina’s progress towards
meeting its RPGs from 2007–2011 is
consistent with the Agency’s prior
actions. During the continued
implementation of CAIR per the
direction of the D.C. Circuit through
October 2014, EPA approved
redesignations of areas to attainment of
the 1997 PM2.5 NAAQS in which states
relied on CAIR as an ‘‘enforceable
measure.’’ See 77 FR 76415 (December
28, 2012) (redesignation of HuntingdonAshland, West Virginia); 78 FR 59841
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(September 30, 2013) (redesignation of
Wheeling, West Virginia); and 78 FR
56168 (September 12, 2013)
(redesignation of Parkersburg, West
Virginia). While EPA did previously
state in a rulemaking action on the
Florida regional haze plan that a fiveyear progress report may be the
appropriate time to address changes, if
necessary, for RPG demonstrations and
long term strategies, EPA does not
believe that the implementation of
CSAPR impacts the adequacy of the
South Carolina regional haze plan to
address reasonable progress from 2007
through 2011 or to meet requirements in
40 CFR 51.308(g) and (h) because CAIR
was implemented during the time
period evaluated by South Carolina for
its Progress Report. See generally 77 FR
73369, 73371 (December 10, 2012)
(proposed action on the Florida regional
haze plan).
EPA’s December 3, 2014, interim final
rule sunset CAIR compliance
requirements on a schedule coordinated
with the implementation of CSAPR
compliance requirements. Because
CSAPR should result in greater
emissions reductions of SO2 and NOX
than CAIR throughout the affected
region, including in South Carolina and
neighboring states, EPA expects South
Carolina to maintain and continue its
progress towards its RPGs for 2018
through continued, and additional, SO2
and NOX reductions. See generally
August 8, 2011 (76 FR 48208)
(promulgating CSAPR). Although the
implementation of CSAPR was tolled for
three years, the Rule is now being
implemented, and by 2018, the
endpoint for calculating RPGs for the
first regional haze implementation
period, CSAPR will reduce emissions of
SO2 and NOX from EGUs in South
Carolina by the same amount assumed
by EPA when it issued the CSAPR FIP
for South Carolina in June 2012. See 76
FR 48208 (CSAPR promulgation), and
77 FR 33642 (limited disapproval of
South Carolina regional haze plan and
FIP for South Carolina for certain
regional haze requirements).
At the present time, the requirements
of CSAPR apply to sources in South
Carolina under the terms of a FIP. If
EPA approves South Carolina’s May 26,
2017, SIP revision that incorporates the
CSAPR requirements into its SIP, the
requirements of CSAPR for annual NOX
and SO2 emissions will apply to sources
in the State through its SIP at budget
levels equal to those in the CSAPR FIP.
The RHR requires an assessment of
whether the current ‘‘implementation
plan’’ is sufficient to enable the states to
meet all established RPGs under 40 CFR
51.308(g). The term ‘‘implementation
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plan’’ is defined for purposes of the
RHR to mean ‘‘any [SIP], [FIP], or Tribal
Implementation Plan.’’ See 40 CFR
51.301. EPA is, therefore, proposing to
determine that the Agency may consider
measures in any issued FIP as well as
those in a state’s regional haze plan in
assessing the adequacy of the ‘‘existing
implementation plan’’ under 40 CFR
51.308(g)(6) and (h). Because CSAPR
will ensure the control of SO2 and NOX
emissions reductions relied upon by
South Carolina and other states in
setting their RPGs beginning in January
2015 at least through the remainder of
the first implementation period in 2018,
EPA is proposing to approve South
Carolina’s finding that there is no need
for revision of the existing
implementation plan for South Carolina
to achieve the RPGs for Cape Romain
and the Class I areas impacted by South
Carolina sources.
EPA notes that the RHR provides for
periodic evaluation and assessment of a
state’s reasonable progress towards
achieving the national goal of natural
visibility conditions under the CAA
section 169A(b). The regional haze
regulations at 40 CFR 51.308 required
states to submit initial SIPs in 2007
providing for reasonable progress
towards the national goal for the first
implementation period from 2008
through 2018. See 40 CFR 51.308(b).
Pursuant to 40 CFR 51.308(f), SIP
revisions reassessing each state’s
reasonable progress towards the
national visibility goal are due by July
31, 2021, July 31, 2028, and every ten
years thereafter. For such subsequent
regional haze plans, 40 CFR 51.308(f)
requires each state to reassess its
reasonable progress and all the elements
of its regional haze plan required by 40
CFR 51.308(d), taking into account
improvements in monitors and control
technology, assessing the state’s actual
progress and effectiveness of its long
term strategy, and revising RPGs as
necessary. See 40 CFR 51.308(f)(1)–(3).
Therefore, South Carolina has the
opportunity to reassess its RPGs and the
adequacy of its regional haze plan,
including its reliance first upon CAIR
and now upon CSAPR for emission
reductions from EGUs, when it prepares
and submits its second regional haze
plan to cover the implementation period
from 2018 through 2028. As discussed
in the 2014 NPRM and in South
Carolina’s Progress Report, emissions of
SO2 from EGUs are below original
projections for 2018. In addition, the
visibility data provided by South
Carolina show that Cape Romain is
currently on track to achieve its RPGs.
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IV. Summary of Reproposal
In summary, EPA proposes to approve
South Carolina’s Progress Report. EPA
solicits comments on this supplemental
proposal, but only with respect to the
specific issues raised in this notice
concerning the Agency’s interpretation
of the term ‘‘implementation plan’’ in
the RHR, and EPA’s proposed agreement
with South Carolina’s assessment that
the current regional haze plan for South
Carolina, in combination with EPA’s
CSAPR FIP or an approved CSAPR SIP,
need not be revised at this time to
achieve the established RPGs for South
Carolina and other impacted states in
light of the status of CAIR through 2014
and CSAPR starting in 2015. EPA is not
reopening the comment period on any
other aspect of the January 17, 2014,
NPRM as an adequate opportunity to
comment on those issues has already
been provided. The purpose of this
supplemental proposal is limited to
review of South Carolina’s Progress
Report in light of the D.C. Circuit’s 2015
ruling on CSAPR. This supplemental
proposal reflects EPA’s desire for public
input into how it should proceed in
light of this decision when acting on the
State’s pending Progress Report, in
particular the requirements that the
State assess whether the current
implementation plan is sufficient to
ensure that RPGs are met. See 40 CFR
51.308(g) and (h).9
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 Act. Accordingly, this proposed
action merely proposes to approve state
law as meeting federal requirements and
does not impose additional
requirements beyond those imposed by
state law. For that reason, this proposed
action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
9 EPA
previously determined that CSAPR (like
CAIR before it) was ‘‘better than BART’’ because it
would achieve greater reasonable progress toward
the national goal than would source-specific BART.
See 77 FR 33642 (June 7, 2012). EPA is not taking
comment in this supplemental proposal on whether
the South Carolina regional haze plan meets the
BART requirements or whether CSAPR is an
alternative measure to source-specific BART in
accordance with 40 CFR 52.301(e)(2).
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
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
mandates 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 Act; 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 proposed 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 the state of
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 this action will not impose
substantial direct costs on Tribal
governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
E:\FR\FM\17AUP1.SGM
17AUP1
Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules
Dated: August 4, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017–17222 Filed 8–16–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0359; FRL–9966–48–
Region 4]
Air Plan Approval; South Carolina:
Minor Source Permit Program
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
changes to South Carolina’s State
Implementation Plan (SIP) to revise
minor new source review (NSR)
regulations. EPA is proposing to
approve portions of SIP revisions
modifying these regulations as
submitted by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (SC DHEC), on
the following dates: October 1, 2007,
July 18, 2011, June 17, 2013, August 8,
2014, January 20, 2016, and July 27,
2016. This action is being proposed
pursuant to the Clean Air Act (CAA or
Act).
DATES: Comments must be received on
or before September 18, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0359 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
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:29 Aug 16, 2017
Jkt 241001
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. What action is EPA proposing?
On October 1, 2007, July 18, 2011,
June 17, 2013, August 8, 2014, January
20, 2016, and July 27, 2016, SC DHEC
submitted SIP revisions to EPA for
approval that involve changes to South
Carolina’s minor source permitting
regulations to clarify and streamline the
State’s federally-approved
preconstruction and operating
permitting program. This program
requires minor stationary sources
planning to construct or modify sources
of air pollutants to first obtain a
construction permit and to obtain and
maintain operating permits in
accordance with the South Carolina
Code of Regulations Annotated (S.C.
Code Ann. Regs.) at Regulation 61–62.1,
Section II—‘‘Permit Requirements.’’ The
portion of the SIP-approved permitting
program covering construction permits
is generally referred to as the minor
source permitting program or the minor
NSR program to distinguish it from
additional permitting requirements for
major sources of air pollutants.1 The
portion of the SIP-approved permitting
program covering minor source
operating permits is referred to as the
federally enforceable state operating
permit (FESOP) program. The changes
made in these submittals clarify the
applicability, streamline the permitting
process, provide more options for the
1 EPA’s regulations governing the implementation
of NSR permitting programs are contained in 40
CFR 51.160–.166; 52.21, .24; and part 51, Appendix
S. The CAA NSR program is composed of three
separate programs: prevention of significant
deterioration (PSD), nonattainment new source
review (NNSR), and Minor NSR. PSD is established
in part C of title I of the CAA and applies to major
stationary sources in areas that meet the national
ambient air quality standards (NAAQS)—
‘‘attainment areas’’—as well as areas where there is
insufficient information to determine if the area
meets the NAAQS—‘‘unclassifiable areas.’’ The
NNSR program is established in part D of title I of
the CAA and applies to major stationary sources in
areas that are not in attainment of the NAAQS—
‘‘nonattainment areas.’’ The Minor NSR program
applies to stationary sources that do not require
PSD or NNSR permits. Together, these programs are
referred to as the NSR programs.
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
39083
minor source permitting program, and
generally reduce the overall burden on
the state permitting program and the
regulated community. The changes
addressed in this proposed rulemaking
also correct typographical errors, make
internal references consistent, and
recodify sections of the existing rules. In
this action, EPA is proposing to approve
certain portions of these SIP
submissions that make changes to South
Carolina’s minor NSR regulations and
FESOP requirements.
EPA is not acting on a portion of the
revisions to Regulation 61–62.1, Section
II—‘‘Permit Requirements.’’
Specifically, EPA is not acting on the
renumbering and minor administrative
language changes to paragraph G.6.—
‘‘Emergency Provisions,’’ in the October
1, 2007, submittal, nor the minor
additional language changes to this
portion of the minor source permitting
regulations included in the August 8,
2014, submittal.2
At this time, EPA is not acting on the
following changes included in the
October 1, 2007, submittal: Regulation
61–62.5, Standard No. 4—‘‘Emissions
from Process Industries’’; and
Regulation 61–62.5, Standard No. 5.2—
‘‘Control of Oxides of Nitrogen (NOX).’’
EPA is also not acting on changes in
the July 18, 2011, submittal to the
following regulations in South
Carolina’s SIP: Regulation 61–62.1,
Section I—‘‘Definitions’’; Regulation
61–62.3—‘‘Air Pollution Episodes’’;
Regulation 61–62.5, Standard No. 1—
‘‘Emissions from Fuel Burning
Operations’’; Regulation 61–62.5,
Standard No. 4—‘‘Emissions from
Process Industries’’; Regulation 61–62.5,
Standard No. 6—‘‘Alternative Emission
Limitation Options (Bubble)’’;
Regulation 61–62.5, Standard No. 7—
‘‘Prevention of Significant
Deterioration’’; and Regulation 61–62.5,
Standard No. 7.1—‘‘Nonattainment New
Source Review.’’ EPA approved the
changes to Regulation 61–62.5, Standard
No. 2—‘‘Ambient Air Quality
Standards,’’ included in the July 18,
2011, submittal, on April 3, 2013 (78 FR
19994).
EPA is not acting on the changes
included in the June 17, 2013, submittal
to the following regulations: Regulation
61–62.1, Section I—‘‘Definitions’’;
Regulation 61–62.1, Section IV—
‘‘Source Tests’’; Regulation 61–62.3—
‘‘Air Pollution Episodes’’; Regulation
61–62.5, Standard No. 4—‘‘Emissions
from Process Industries’’; and
2 In this action, EPA is not proposing to approve
or disapprove revisions to any existing emission
limitations that apply during start up, shut down
and malfunction events.
E:\FR\FM\17AUP1.SGM
17AUP1
Agencies
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39079-39083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17222]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0389; FRL-9966-16-Region 4]
Approval and Promulgation of Implementation Plans; South
Carolina; Regional Haze State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; supplemental.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is issuing a
supplement to its proposed approval of a revision 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) on December 28, 2012. South Carolina's
SIP revision (Progress Report) addresses requirements of the Clean Air
Act (CAA or Act) and EPA's rules that require each state to submit
periodic reports describing progress towards reasonable progress goals
(RPGs) established for regional haze and a determination of the
adequacy of the state's existing SIP addressing regional haze (regional
haze plan). EPA's proposed approval of South Carolina's Progress Report
was published in the Federal Register on January 17, 2014. This
supplemental proposal addresses the potential effects on EPA's proposed
approval from the April 29, 2014, decision of the United States Supreme
Court (Supreme Court) remanding to the United States Court of Appeals
for the District of Columbia Circuit (D.C. Circuit) EPA's Cross-State
Air Pollution Rule (CSAPR) for further proceedings and the D.C.
Circuit's July 28, 2015, decision on remand.
DATES: Comments must be received on or before September 18, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0389 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: Michele Notarianni, 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. Ms. Notarianni can be reached via telephone at (404) 562-
9031 and via electronic mail at notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Each state is required to submit a progress report in the form of a
SIP revision during the first implementation period that evaluates
progress towards the RPGs for each mandatory Class I federal area
(Class I area) \1\ within the state and in each mandatory Class I area
outside the state that may be affected by emissions from within the
state. See 40 CFR 51.308(g). In addition, the provisions under 40 CFR
51.308(h) require states to submit, at the same time as the progress
report, a determination of the adequacy of the state's existing
regional haze plan. The first progress report is due five years after
submittal of the initial regional haze plan.
---------------------------------------------------------------------------
\1\ Areas designated as mandatory Class I federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977. 42 U.S.C. 7472(a).
These areas are listed at 40 CFR part 81, subpart D.
---------------------------------------------------------------------------
SC DHEC submitted its first regional haze plan on December 17,
2007, and submitted its Progress Report on December 28, 2012. The
Progress Report and accompanying cover letter included a determination
that South Carolina's existing regional haze plan requires no
substantive revision to achieve the established regional haze
visibility improvement and emissions reduction goals for 2018. EPA
proposed to find that the State's Progress Report satisfied the
requirements of 40 CFR 51.308(g) and (h) in a notice of proposed
rulemaking (NPRM) published on January 17, 2014 (79 FR 3147). Today's
notice supplements that 2014 NPRM by more fully explaining and
soliciting comment on the basis for the Agency's proposed approval as
it relates to the Clean Air Interstate Rule (CAIR) and CSAPR.
II. Summary of South Carolina's Progress Report and EPA's 2014 NPRM
In accordance with requirements in EPA's Regional Haze Rule (RHR),
South Carolina's Progress Report describes the progress made towards
the RPGs of Class I areas in and outside South Carolina that are
affected by emissions from South Carolina's sources.\2\ See 40 CFR
51.308(g). This Progress Report also included an assessment of whether
South Carolina's existing regional haze plan is sufficient to allow it
and other nearby states with Class I areas to achieve their RPGs by the
end of the first implementation period. See 40 CFR 51.308(h). In the
2014 NPRM, EPA proposed to approve the State's Progress Report as
adequately addressing 40 CFR
[[Page 39080]]
51.308(g) and (h). EPA's proposed conclusions in the 2014 NPRM
regarding South Carolina's Progress Report are briefly summarized
below.
---------------------------------------------------------------------------
\2\ EPA promulgated a rule to address regional haze, the RHR, on
July 1, 1999. See 64 FR 35713. The RHR revised the existing
visibility regulations to integrate into the regulation provisions
addressing regional haze impairment and established a comprehensive
visibility protection program for Class I areas. See 40 CFR 51.308
and 51.309. EPA revised the RHR on January 10, 2017. See 82 FR 3078.
---------------------------------------------------------------------------
South Carolina's Progress Report included a description of the
status of measures in its regional haze plan; a summary of the
emissions reductions achieved; an assessment of the visibility
conditions for Cape Romain Wilderness Area, the only Class I area in
the State; an analysis of the changes in emissions from sources and
activities within the State; an assessment of any significant changes
in anthropogenic emissions within or outside the State that have
limited or impeded visibility improvement progress in Class I areas
impacted by the State's sources; an assessment of the sufficiency of
the regional haze plan to enable South Carolina and states affected by
South Carolina's sources to meet the RPGs for their Class I areas; and
a review of the State's visibility monitoring strategy. As explained in
the 2014 NPRM, EPA proposed to find that South Carolina's Progress
Report adequately addressed the applicable provisions under 40 CFR
51.308(g).
In addition, South Carolina simultaneously submitted a
determination pursuant to 40 CFR 51.308(h) that its regional haze plan
is sufficient to enable the State and states affected by South
Carolina's sources to achieve the RPGs for Class I areas affected by
South Carolina's sources. The State also declared that further revision
of the existing regional haze plan was not needed at that time. As
explained in detail in the 2014 NPRM, EPA proposed to determine that
South Carolina had adequately addressed 40 CFR 51.308(h) because
visibility has improved at Cape Romain; sulfur dioxide (SO2)
emissions from the State's sources have decreased beyond original
projections; \3\ additional electric generating unit (EGU) control
measures not relied upon in the State's regional haze plan have
occurred or will occur in the implementation period; and the
SO2 emissions from EGUs in South Carolina are already below
the levels projected for 2018 in the regional haze plan and are
expected to continue to trend downward, as will the SO2
emissions from EGUs in the other VISTAS states. In the 2014 NPRM, EPA
proposed to approve South Carolina's Progress Report SIP as meeting the
requirements of 40 CFR 51.308(g) and (h).
---------------------------------------------------------------------------
\3\ In its regional haze plan and Progress Report, South
Carolina focused its assessment on SO2 emissions from
EGUs because the regional planning organization, the Visibility
Improvement State and Tribal Association of the Southeast (VISTAS),
determined that sulfates accounted for more than 70 percent of the
visibility-impairing pollution in the Southeast and that
SO2 point source emissions in 2018 represent more than 95
percent of the total SO2 emissions inventory. In its
Progress Report, South Carolina states that sulfates continue to be
the biggest single contributor to regional haze at Cape Romain.
---------------------------------------------------------------------------
III. Impact of CAIR and CSAPR on South Carolina's Progress Report
Decisions by the courts regarding EPA rules addressing the
interstate transport of pollutants have had a substantial impact on
EPA's review of the regional haze plans of many states. In 2005, EPA
issued regulations allowing states to rely on CAIR to meet certain
requirements of the RHR. See 70 FR 39104 (July 6, 2005).\4\ Like many
other states subject to CAIR, South Carolina relied on CAIR in its
regional haze plan to meet certain requirements of the RHR, including
the criteria for alternatives to the best available retrofit technology
(BART) requirements for emissions of SO2 and nitrogen oxides
(NOX) from certain EGUs in the State. This reliance was
consistent with EPA's regulations. See 70 FR 39104 (July 6, 2005).
However, in 2008, the D.C. Circuit remanded CAIR to EPA without vacatur
to preserve the environmental benefits provided by the rule. North
Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8,
2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA
promulgated CSAPR to replace CAIR and issued Federal Implementation
Plans (FIPs) to implement the rule in CSAPR-subject states.\5\
Implementation of CSAPR was scheduled to begin on January 1, 2012, when
CSAPR would have superseded the CAIR program. However, numerous parties
filed petitions for review of CSAPR, and at the end of 2011, the D.C.
Circuit issued an order staying CSAPR pending resolution of the
petitions and directing EPA to continue to administer CAIR. Order of
December 30, 2011, in EME Homer City Generation, L.P. v. EPA, D.C. Cir.
No. 11-1302.
---------------------------------------------------------------------------
\4\ CAIR created regional cap-and-trade programs to reduce
SO2 and NOX emissions in 27 eastern states,
including South Carolina, that contributed to downwind nonattainment
and maintenance of the 1997 8-hour ozone National Ambient Air
Quality Standards (NAAQS) and/or the 1997 fine particulate matter
(PM2.5) NAAQS. See 70 FR 25162 (May 12, 2005).
\5\ CSAPR requires 27 Eastern states to limit their statewide
emissions of SO2 and/or NOX in order to
mitigate transported air pollution unlawfully impacting other
states' ability to attain or maintain four NAAQS: The 1997 ozone
NAAQS, the 1997 annual PM2.5 NAAQS, the 2006 24-hour
PM2.5 NAAQS, and the 2008 8-hour ozone NAAQS. The CSAPR
emissions limitations are defined in terms of maximum statewide
budgets for emissions of annual SO2, annual
NOX, and/or ozone-season NOx by each covered state's
large EGUs.
---------------------------------------------------------------------------
On June 28, 2012 (77 FR 38509), EPA finalized a limited approval of
South Carolina's regional haze plan addressing the first implementation
period for regional haze. In a separate action, published on June 7,
2012 (77 FR 33642), EPA finalized a limited disapproval of regional
haze plans from South Carolina and several other states because these
plans relied on CAIR to meet certain regional haze requirements, and
also amended the Regional Haze Rule to provide that participation by a
state's EGUs in a CSAPR trading program for a given pollutant--either a
CSAPR federal trading program implemented through a CSAPR FIP or an
integrated CSAPR state trading program implemented through an approved
CSAPR SIP revision--qualifies as a BART alternative for those EGUs for
that pollutant.\6\ See 40 CFR 51.308(e)(4). In that same June 7, 2012,
action, EPA also finalized FIPs to replace reliance on CAIR with
reliance on CSAPR to address deficiencies in CAIR-dependent regional
haze plans of several states, including South Carolina's regional haze
plan.
---------------------------------------------------------------------------
\6\ Legal challenges to the CSAPR Better-than-BART rule from
state, industry, and other petitioners are pending. Utility Air
Regulatory Group v. EPA, No. 12-1342 (D.C. Cir. filed August 6,
2012).
---------------------------------------------------------------------------
Following these EPA actions, however, the D.C. Circuit issued a
decision in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C.
Cir. 2012), vacating and remanding CSAPR to EPA and ordering continued
implementation of CAIR pending the promulgation of a valid replacement.
On April 29, 2014, the Supreme Court reversed the D.C. Circuit's
decision on CSAPR and remanded the case to the D.C. Circuit to resolve
remaining issues in accordance with the high court's ruling.\7\ EPA v.
EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the
D.C. Circuit affirmed CSAPR in most respects, but invalidated without
vacating some of the CSAPR budgets for a number of states. EME Homer
City Generation, L.P. v. EPA, 795 F.3d 118
[[Page 39081]]
(D.C. Cir. 2015). The remanded budgets include the Phase 2
SO2 emissions budget and ozone-season NOX budget
for South Carolina. The CSAPR litigation ultimately delayed
implementation of the rule for three years, from January 1, 2012, when
CSAPR's cap-and-trade programs were originally scheduled to replace the
CAIR cap-and-trade programs, to January 1, 2015. Thus, the rule's Phase
2 budgets, originally promulgated to begin on January 1, 2014, took
effect on January 1, 2017.
---------------------------------------------------------------------------
\7\ After the Supreme Court's decision, EPA filed a motion to
lift the stay on CSAPR and asked the D.C. Circuit to toll CSAPR's
compliance deadlines by three years, so that the Phase 1 emissions
budgets apply in 2015 and 2016 (instead of 2012 and 2013), and the
Phase 2 emissions budgets apply in 2017 and beyond (instead of 2014
and beyond). On October 23, 2014, the D.C. Circuit granted EPA's
motion. Order of October 23, 2014, in EME Homer City Generation,
L.P. v. EPA, D.C. Cir. No. 11-1302. EPA subsequently issued an
interim final rule to clarify how EPA would implement CSAPR
consistent with the D.C. Circuit's order lifting the stay and
tolling the rule's deadlines. See 79 FR 71663 (December 3, 2014)
(interim final rulemaking). Pursuant to the interim final
rulemaking, EPA began implementation of CSAPR on January 1, 2015.
---------------------------------------------------------------------------
On May 26, 2017, South Carolina submitted a draft SIP revision for
parallel processing that adopts provisions for participation in the
CSAPR annual NOX and annual SO2 trading programs,
including annual NOX and annual SO2 budgets that
are equal to the budgets for South Carolina in EPA's CSAPR FIP. EPA
signed a NPRM on July 28, 2017 proposing to approve the SIP revision.
As approval of that SIP revision would eliminate South Carolina's
remanded federally-established Phase 2 SO2 budget, it is
EPA's opinion that finalization of approval of that action would
address the judicial remand of South Carolina's federally-established
Phase 2 SO2 budget.\8\
---------------------------------------------------------------------------
\8\ On September 7, 2016, EPA finalized an update to the CSAPR
ozone-season program. See 81 FR 74504 (October 26, 2016). The update
addresses summertime transport of ozone pollution in the eastern
United States that crosses state lines to help downwind states and
communities meet and maintain the 2008 8-hour ozone NAAQS and
addresses the remanded Phase 2 ozone season NOX budgets.
The update withdraws the remanded ozone-season NOX
budgets, sets new Phase 2 CSAPR ozone season NOX
emissions budgets for eight of the eleven states with remanded
budgets, and removes the other three states from the CSAPR ozone
season NOX trading program.
---------------------------------------------------------------------------
CAIR was in effect at the time that South Carolina submitted its
Progress Report on December 28, 2012, and the State included an
assessment of the emission reductions from the implementation of CAIR
in its report. South Carolina's Progress Report discussed the status of
the litigation concerning CAIR and CSAPR, but because CSAPR was not at
that time in effect, South Carolina did not take actual emissions
reductions from CSAPR into account in assessing its regional haze plan.
For the same reason, in the 2014 NPRM, EPA did not assess at that time
the impact of CSAPR nor the CSAPR FIP on the abilities of South
Carolina and its neighbors to meet their RPGs.
The purpose of this supplemental proposal is to seek comment on the
effect of the D.C. Circuit's 2015 decision on the Agency's assessment
of South Carolina's Progress Report and the State's determination that
its existing regional haze plan need not be revised at this time. Given
the complex background summarized above, EPA is proposing to determine
that South Carolina appropriately took CAIR into account in its
Progress Report. CAIR was in effect during the 2007-2011 period
addressed by South Carolina's Progress Report. EPA approved South
Carolina's regulations implementing CAIR as part of the South Carolina
SIP on October 16, 2009 (74 FR 53167), and at the time of submission of
its Progress Report, neither South Carolina nor EPA had taken any
action to remove CAIR from the South Carolina SIP. See 40 CFR
52.2120(c). Therefore, EPA proposes to find that South Carolina
appropriately evaluated and relied on CAIR reductions to demonstrate
the State's progress towards meeting its RPGs.
The State's Progress Report also demonstrated that Class I areas in
other states impacted by South Carolina sources were on track to meet
their RPGs as discussed in the 2014 NPRM. See 79 FR 3151. EPA's
intention in requiring the progress reports pursuant to 40 CFR
51.308(g) was to ensure that emission management measures in the
regional haze plans are being implemented on schedule and that
visibility improvement appears to be consistent with the RPGs. See 64
FR 35713, 35747 (July 1, 1999). CAIR was in effect in South Carolina
through 2014, providing the emission reductions relied upon in South
Carolina's regional haze plan. Thus, EPA is proposing to determine that
South Carolina appropriately took into account CAIR reductions in
assessing the implementation of measures in the regional haze plan for
the 2007-2011 timeframe, and EPA believes that it is appropriate to
rely on CAIR emission reductions for purposes of assessing the adequacy
of South Carolina's Progress Report demonstrating progress during this
timeframe because CAIR remained effective and provided the requisite
emission reductions.
In addition, EPA also believes that reliance upon CAIR reductions
to show South Carolina's progress towards meeting its RPGs from 2007-
2011 is consistent with the Agency's prior actions. During the
continued implementation of CAIR per the direction of the D.C. Circuit
through October 2014, EPA approved redesignations of areas to
attainment of the 1997 PM2.5 NAAQS in which states relied on
CAIR as an ``enforceable measure.'' See 77 FR 76415 (December 28, 2012)
(redesignation of Huntingdon-Ashland, West Virginia); 78 FR 59841
(September 30, 2013) (redesignation of Wheeling, West Virginia); and 78
FR 56168 (September 12, 2013) (redesignation of Parkersburg, West
Virginia). While EPA did previously state in a rulemaking action on the
Florida regional haze plan that a five-year progress report may be the
appropriate time to address changes, if necessary, for RPG
demonstrations and long term strategies, EPA does not believe that the
implementation of CSAPR impacts the adequacy of the South Carolina
regional haze plan to address reasonable progress from 2007 through
2011 or to meet requirements in 40 CFR 51.308(g) and (h) because CAIR
was implemented during the time period evaluated by South Carolina for
its Progress Report. See generally 77 FR 73369, 73371 (December 10,
2012) (proposed action on the Florida regional haze plan).
EPA's December 3, 2014, interim final rule sunset CAIR compliance
requirements on a schedule coordinated with the implementation of CSAPR
compliance requirements. Because CSAPR should result in greater
emissions reductions of SO2 and NOX than CAIR
throughout the affected region, including in South Carolina and
neighboring states, EPA expects South Carolina to maintain and continue
its progress towards its RPGs for 2018 through continued, and
additional, SO2 and NOX reductions. See generally
August 8, 2011 (76 FR 48208) (promulgating CSAPR). Although the
implementation of CSAPR was tolled for three years, the Rule is now
being implemented, and by 2018, the endpoint for calculating RPGs for
the first regional haze implementation period, CSAPR will reduce
emissions of SO2 and NOX from EGUs in South
Carolina by the same amount assumed by EPA when it issued the CSAPR FIP
for South Carolina in June 2012. See 76 FR 48208 (CSAPR promulgation),
and 77 FR 33642 (limited disapproval of South Carolina regional haze
plan and FIP for South Carolina for certain regional haze
requirements).
At the present time, the requirements of CSAPR apply to sources in
South Carolina under the terms of a FIP. If EPA approves South
Carolina's May 26, 2017, SIP revision that incorporates the CSAPR
requirements into its SIP, the requirements of CSAPR for annual
NOX and SO2 emissions will apply to sources in
the State through its SIP at budget levels equal to those in the CSAPR
FIP. The RHR requires an assessment of whether the current
``implementation plan'' is sufficient to enable the states to meet all
established RPGs under 40 CFR 51.308(g). The term ``implementation
[[Page 39082]]
plan'' is defined for purposes of the RHR to mean ``any [SIP], [FIP],
or Tribal Implementation Plan.'' See 40 CFR 51.301. EPA is, therefore,
proposing to determine that the Agency may consider measures in any
issued FIP as well as those in a state's regional haze plan in
assessing the adequacy of the ``existing implementation plan'' under 40
CFR 51.308(g)(6) and (h). Because CSAPR will ensure the control of
SO2 and NOX emissions reductions relied upon by
South Carolina and other states in setting their RPGs beginning in
January 2015 at least through the remainder of the first implementation
period in 2018, EPA is proposing to approve South Carolina's finding
that there is no need for revision of the existing implementation plan
for South Carolina to achieve the RPGs for Cape Romain and the Class I
areas impacted by South Carolina sources.
EPA notes that the RHR provides for periodic evaluation and
assessment of a state's reasonable progress towards achieving the
national goal of natural visibility conditions under the CAA section
169A(b). The regional haze regulations at 40 CFR 51.308 required states
to submit initial SIPs in 2007 providing for reasonable progress
towards the national goal for the first implementation period from 2008
through 2018. See 40 CFR 51.308(b). Pursuant to 40 CFR 51.308(f), SIP
revisions reassessing each state's reasonable progress towards the
national visibility goal are due by July 31, 2021, July 31, 2028, and
every ten years thereafter. For such subsequent regional haze plans, 40
CFR 51.308(f) requires each state to reassess its reasonable progress
and all the elements of its regional haze plan required by 40 CFR
51.308(d), taking into account improvements in monitors and control
technology, assessing the state's actual progress and effectiveness of
its long term strategy, and revising RPGs as necessary. See 40 CFR
51.308(f)(1)-(3). Therefore, South Carolina has the opportunity to
reassess its RPGs and the adequacy of its regional haze plan, including
its reliance first upon CAIR and now upon CSAPR for emission reductions
from EGUs, when it prepares and submits its second regional haze plan
to cover the implementation period from 2018 through 2028. As discussed
in the 2014 NPRM and in South Carolina's Progress Report, emissions of
SO2 from EGUs are below original projections for 2018. In
addition, the visibility data provided by South Carolina show that Cape
Romain is currently on track to achieve its RPGs.
IV. Summary of Reproposal
In summary, EPA proposes to approve South Carolina's Progress
Report. EPA solicits comments on this supplemental proposal, but only
with respect to the specific issues raised in this notice concerning
the Agency's interpretation of the term ``implementation plan'' in the
RHR, and EPA's proposed agreement with South Carolina's assessment that
the current regional haze plan for South Carolina, in combination with
EPA's CSAPR FIP or an approved CSAPR SIP, need not be revised at this
time to achieve the established RPGs for South Carolina and other
impacted states in light of the status of CAIR through 2014 and CSAPR
starting in 2015. EPA is not reopening the comment period on any other
aspect of the January 17, 2014, NPRM as an adequate opportunity to
comment on those issues has already been provided. The purpose of this
supplemental proposal is limited to review of South Carolina's Progress
Report in light of the D.C. Circuit's 2015 ruling on CSAPR. This
supplemental proposal reflects EPA's desire for public input into how
it should proceed in light of this decision when acting on the State's
pending Progress Report, in particular the requirements that the State
assess whether the current implementation plan is sufficient to ensure
that RPGs are met. See 40 CFR 51.308(g) and (h).\9\
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\9\ EPA previously determined that CSAPR (like CAIR before it)
was ``better than BART'' because it would achieve greater reasonable
progress toward the national goal than would source-specific BART.
See 77 FR 33642 (June 7, 2012). EPA is not taking comment in this
supplemental proposal on whether the South Carolina regional haze
plan meets the BART requirements or whether CSAPR is an alternative
measure to source-specific BART in accordance with 40 CFR
52.301(e)(2).
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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 Act. Accordingly, this
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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 mandates 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 Act; 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 proposed 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 the state of 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 this action will not impose
substantial direct costs on Tribal governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
[[Page 39083]]
Dated: August 4, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-17222 Filed 8-16-17; 8:45 am]
BILLING CODE 6560-50-P