Air Plan Approval; South Carolina: Minor Source Permit Program Revisions, 39083-39090 [2017-17345]
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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
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SUMMARY:
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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.
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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.
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Regulation 61–62.5, Standard No. 5—
‘‘Volatile Organic Compounds.’’
Additionally, EPA is not acting on the
changes included in the August 8, 2014,
submittal to the following regulations:
Regulation 61–62.1, Section I—
‘‘Definitions’’; 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 Equipment’’; and Regulation
61–62.5, Standard No. 4—‘‘Emissions
from Process Industries.’’ EPA approved
the changes to Regulation 61–62.1,
Section III—‘‘Emissions Inventory and
Emissions Statement,’’ included in the
August 8, 2014, submittal, on June 12,
2015 (80 FR 33413) and May 31, 2017
(82 FR 24851).
EPA is also not acting on the changes
included in the January 20, 2016,
submittal to the following regulations:
Regulation 61–62.5, Standard No. 5—
‘‘Volatile Organic Compounds’’;
Regulation 61–62.5, Standard No. 7.1—
‘‘Nonattainment New Source Review’’;
and Regulation 61–62.6—‘‘Control of
Fugitive Particulate Matter.’’
Finally, EPA is not acting on the
changes included in the July 27, 2016,
submittal to the following regulations:
Regulation 61–62.1, Section I—
‘‘Definitions’’; 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 will
address these remaining changes to the
South Carolina SIP in separate actions.
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II. Analysis of State’s Submittal
A. Overview of Changes to Section II—
‘‘Permit Requirements’’
South Carolina has a SIP-approved
minor source permitting program at
Regulation 61–62.1, Section II—‘‘Permit
Requirements.’’ These regulations
include requirements for obtaining
preconstruction and operating permits
for different types of minor sources. The
program covers ‘‘true minor’’ sources,
which have the potential to emit (PTE)
of certain pollutants below major
sources thresholds for new sources and
modifications. The SIP-approved minor
source permitting program also includes
provisions for issuing permits that
establish federally enforceable emission
limits to restrict the PTE of certain
pollutants below major source and
major modification applicability
thresholds: ‘‘synthetic minor’’ permits
establish these limits for sources
obtaining construction permits, and
‘‘conditional major’’ permits establish
these emission limits in the
corresponding operating permits. South
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Carolina initially revised its minor NSR
and FESOP rules in the October 1, 2007,
submittal to clarify and streamline
requirements for obtaining minor source
construction and operating permits. The
July 18, 2011, June 17, 2013, August 8,
2014, January 20, 2016, and July 27,
2017, submittals make other clarifying
and administrative changes, which are
discussed for each subsection of the
regulation below.
EPA has reviewed the proposed
changes to the minor source
construction and operating permitting
regulations and preliminarily finds
them to be consistent with CAA sections
110(a)(2)(C) and 110(l), EPA’s minor
NSR regulations found at 40 CFR
51.160—164, and the criteria applicable
to an approvable State FESOP program.
B. Analysis of Changes to Each Section
1. Section II.A.—‘‘Construction Permits’’
Regulation 61–62.1, Section II.A—
‘‘Construction Permits’’ specifies
applicability and certain requirements
for obtaining permits for sources seeking
to construct or modify emissions units.
The October 1, 2007, submittal makes
several changes to paragraph A. as
follows: (1) Adds allowed
preconstruction activities at
subparagraph A.1.d. for true minor
sources (i.e., minor sources that are not
synthetic minor sources); (2) adds the
requirement that written notification be
provided to the Department marking the
commencement of construction and
initial startup; (3) adds language
requiring compliance with all terms,
limits, and conditions of Departmentissued construction permits; (4) adds
time constraints for the validity of
issued construction permits; and (5)
removes the descriptions of permit
application requirements from former
paragraph A.2. to create a standalone
subsection C. for construction permits,
and to detail more specific requirements
for other types of permits in other
paragraphs.
The July 18, 2011, submittal makes
subsequent clarifying and
administrative changes to Section II.A.,
consolidating former subparagraph
A.1.a. and paragraph A.5. into an
introductory paragraph applicable to the
entirety of Regulation 61–62.1, Section
II. The submittal also makes other
renumbering and administrative edits to
the remaining subparagraphs.
The language moved to an
introductory paragraph for Section II
states: (1) The regulation will not
supersede any state or federal
requirements nor special permit
conditions unless it imposes a more
restrictive limit; (2) sources must
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comply with all terms, conditions, and
limitations of any permit issued by SC
DHEC for sources or activities at its
facility; and (3) a source’s permit status
may change if new regulatory
requirements become applicable. The
effect of moving this language from
subsection A. is to clarify that it is
applicable to all of Section II—meaning
it applies to any types of permits issued
by the SC DHEC rather than only
construction permits.
The August 8, 2014, submittal further
modifies Section II.A. by making
administrative edits and adding
additional allowed preconstruction
activities for true minor sources at
subparagraph A.1.c, originally added in
the October 1, 2007, submittal as
subparagraph A.1.d.
The revision to subparagraph A.1.c.—
added to the Regulation as A.1.d. in the
October 1, 2007, submittal, renumbered
in the July 18, 2011, submittal, and
updated in the August 8, 2014,
submittal—allows certain
preconstruction activities prior to
obtaining a final construction permit,
provided that specific conditions are
met. EPA has preliminarily determined
that the preconstruction activities
provision is consistent with the
requirements of CAA sections
110(a)(2)(C) and 110(l), and federal
regulations at 40 CFR 51.160—51.164.
Section 110(a)(2)(C) of the CAA
requires that state SIPs include a
program for regulating the construction
and modification of stationary sources
as necessary to ensure that the NAAQS
are maintained. Federal regulations at
40 CFR 51.160(b) require states to have
legally enforceable procedures to
prevent construction or modification of
a source if it would violate any SIP
control strategies or interfere with
attainment or maintenance of the
NAAQS. Federal regulations limit the
types of allowed preconstruction
activities for new and modified major
sources at 40 CFR 51.165(a)(1)(xv),
51.166(b)(11), and 52.21(b)(11) and, as
discussed below, South Carolina has
adopted these provisions into its SIP.
But federal regulations do not impose a
corresponding limitation on
preconstruction activities for minor
sources. SC DHEC provided additional
clarification of its allowed minor source
preconstruction activities in a December
30, 2016, letter, which is included in the
Docket for this proposed action. In this
letter, SC DHEC first explains that
‘‘[a]llowed preconstruction activities are
extremely limited in nature and do not
include construction of that actual
process unit itself.’’ The State also
points to a requirement under Section
II.C.3.n. that sources applying for
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construction permits demonstrate
emissions will not interfere with
attainment or maintenance of the
NAAQS. This requirement corresponds
to Section II.A.2. of the Regulation,
which states that permits will not be
issued if emissions interfere with any
state or federal standard.
SC DHEC also points to its
memorandum regarding allowed
preconstruction activities for major
sources prior to obtaining PSD permits.3
SC DHEC notes that its minor source
preconstruction activities provisions
mirror the federal limits on major source
preconstruction activities, with the
exception of one additional activity:
Allowing a facility to pour concrete
foundation prior to obtaining a
construction permit. This activity is
only prohibited for major sources or
major modifications prior to obtaining a
permit in accordance with the definition
of ‘‘begin actual construction’’ in the
federal PSD regulations at 40 CFR
51.166(b)(11) and 52.21(b)(11), and the
NNSR regulations at 51.165(a)(1)(xv). As
SC DHEC explains in its clarifying
letter, Section II.A.1.c.—which specifies
which sources may engage in
preconstruction activities—explicitly
excludes ‘‘sources not requesting to use
federally enforceable construction
permit conditions to limit potential to
emit, sources not subject to regulations
with more stringent start of construction
limitations, or sources not otherwise
exempt from permit requirements.’’ In
other words, the regulation excludes,
among other sources, major sources
subject to PSD regulations or CAA
section 112 requirements for hazardous
air pollutants (i.e., major sources and
modifications).
In its December 30, 2016 letter, SC
DHEC references Section II.A.1.d.,
which clearly states that the owners or
operators of any sources that would not
qualify for the issuance of a
construction permit assume the
financial risk of commencing the
preconstruction activities listed in
Section II.A.1.c. SC DHEC also notes
that a source could be subject to an
enforcement action under Section II.F.2.
and Section II.J.1.e.—or subject to
permit revocation under Section
II.J.1.b—if the source either did not
comply with the regulations during
construction or would not have
qualified for the preconstruction
activities undertaken.
Because SC DHEC does not allow for
the construction of process units, there
are no increased emissions associated
with any of the preconstruction
3 This memorandum is also included in the
Docket for this proposed action.
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activities allowed at Section II.A.1.c.i.–
xvii. The gatekeeping applicability
language at Section II.A.1.c. and major
NSR applicability provisions at
Regulation 61–62.5, Standard No. 7(a)(2)
and Standard No. 7.1(a)(1), provide that
no major sources or modifications may
engage in the preconstruction activities
allowed under Section II.A.1.c.i.–xvii.
Additionally, SC DHEC does not allow
synthetic minor sources to conduct the
preconstruction activities. Finally, SC
DHEC has legally enforceable
procedures to prevent construction or
modification of a source if it would
violate SIP control strategies or interfere
with attainment or maintenance of the
NAAQS, as required by 40 CFR
51.160(b).
The changes to South Carolina’s
minor NSR program are not inconsistent
with the requirements of the CAA and
EPA’s regulations, and are therefore
approvable as part of the SIP. EPA is
therefore proposing to approve the
aforementioned changes to subsection
A. and the introductory portion of
Section II pursuant to the CAA and 40
CFR 51.160–164.
2. Section II.B.—‘‘Exemptions From the
Requirement To Obtain a Construction
Permit’’
Regulation 61–62.1, Section II.B.—
‘‘Exemptions from the Requirement to
Obtain a Construction Permit’’ specifies
which types of minor sources are
exempt from obtaining minor source
construction permits. The October 1,
2007, submittal makes several changes
to subsection II.B. as follows: (1)
Renumbers existing Section II.F. to
Section II.B. and modifies the title to
clarify that the paragraph applies only
to construction permits; (2) adds
language specifying that future source
modifications or new regulatory
requirements may trigger the need to
obtain a permit for exempted facilities;
(3) clarifies that the exemption for
boilers and space heaters applies to
those firing virgin solid and liquid fuels;
(4) adds an exemption for boilers and
space heaters firing only virgin gas fuels
rated 10 million British thermal units
per hour or less; (5) modifies the
number of hours for testing and
maintenance for exempted emergency
generators; (6) modifies subparagraph
B.2.h. to exempt additional sources with
emissions less than the threshold of 1
pound per hour (lb/hr) PTE of sulfur
dioxide, nitrogen oxides, and carbon
monoxide; (7) adds the requirement for
SC DHEC to periodically publish a list
of sources exempted from the
construction permit requirement under
subparagraphs B.2.a.–g.—and any other
sources determined to qualify for permit
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39085
exemptions based on subparagraph
B.2.h.—in the South Carolina State
Register; (8) adds procedures for sources
requesting exemption from obtaining a
construction permit under paragraph
B.2. or paragraph B.4.; (9) adds
paragraph B.6. to provide that
exemptions under Section II.B. do not
relieve the owner or operator of any
source from any obligation to comply
with any other applicable requirements;
and (10) makes other administrative
changes and adds references throughout
subsection B.
The July 18, 2011, submittal makes
subsequent revisions to clarify
requirements and qualifications at
Section II.B., as follows: (1) Adds
language to subparagraph B.2.h. to
require that emissions calculations or
other information necessary to
demonstrate a source qualifies for the
exemption must be kept on site and
provided to SC DHEC upon request; (2)
revises language in paragraph B.3. to
clarify that source types which are
added to the list of exempted sources
will be determined not to interfere with
attainment or maintenance of any state
or federal standard; (3) adds language
stating that SC DHEC reserves the right
to require a construction permit on a
case-by-case basis, and that case-by-case
determinations will consider, but not be
limited to, ‘‘the nature and amount of
the pollutants, location, proximity to
residences and commercial
establishments, etc.’’; and (4) makes
administrative edits to existing
language.
Finally, the August 8, 2014, submittal
makes additional changes to paragraph
II.B., including: (1) Administrative edits
to the title of the paragraph and to
references and subparagraphs
throughout; (2) revises the PTE criteria
in subparagraph B.2.h. to a 5 ton per
year (tpy) threshold rather than 1 lb/hr,
and adds language to state that sources
with higher PTE may be exempted
under this subparagraph if they
demonstrate that they are not subject to
any applicable state or federal limits or
requirements; (3) amends paragraph B.3.
to include language asserting that SC
DHEC may develop emission thresholds
for exemption that are determined will
not interfere with attainment or
maintenance of state or federal
standards to include in the list
maintained pursuant to this paragraph,
and that SC DHEC could be petitioned
to consider adding additional sources to
this list; and (4) adds paragraph B.5.
stating that sources of volatile organic
compounds (VOCs) with a PTE greater
than the emission threshold listed in
subparagraph B.2.h. may be exempted
from the requirement to obtain a
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construction permit on a case-by-case
basis, and that exempt sources may later
be required to be included in
construction or operating permits.
Section 110(a)(2)(C) of the CAA
requires that SIPs include a program for
regulating the construction and
modification of stationary sources as
necessary to ensure that the NAAQS are
maintained. Federal regulations at 40
CFR 51.160(e) require that states
identify the types and sizes of sources
subject to review and the basis for
determining which sources are subject.
Additionally, CAA section 110(l)
provides that EPA shall not approve a
revision to a plan if the revision would
interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in CAA section 171), or any other
applicable requirement of the CAA. SC
DHEC has determined that specific
sources listed at paragraphs B.1. and
B.2. do not require permits because their
size is not such that they are expected
to interfere with attainment or
maintenance of state or federal
standards, including reasonable further
progress.
SC DHEC’s December 30, 2016, letter
provides additional clarification for
certain changes made to Section II.B.
Subparagraph B.2.f. extends the testing
and maintenance operation threshold
for exempting emergency generators
from 250 hours to 500 hours per year.
SC DHEC considered CAA section
110(l), and asserts that the state expects
no increase in actual emissions as a
result of raising this exemption
threshold. SC DHEC explains that the
500 hours per year threshold is
commonly used to determine the PTE
for title V and other major source
applicability determinations, consistent
with an EPA guidance memorandum.4
These sources are still restricted to
emergency conditions, meaning that
other types of non-emergency
activities—such as peak shaving—
would not qualify for the exemption
under paragraph II.B. Additionally, SC
DHEC points to applicable federal
requirements for emergency generators
at 40 CFR part 63 at subpart ZZZZ and
40 CFR part 60 at subparts IIII and JJJJ
to restrict non-emergency use of these
sources to 100 hours per year.
Therefore, this change to subparagraph
B.2.f. will not result in any real increase
in emissions and therefore will not
affect the state’s ability to attain or
maintain state or federal standards or
4 Seitz, John S. ‘‘Calculating Potential to Emit
(PTE) for Emergency Generators.’’ Memorandum to
Program Directors in EPA Regional Offices, Office
of Air Quality Planning and Standards, Research
Triangle Park, NC (September 6, 1995).
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reasonable further progress. The State
also has the discretion to define the
scope of its minor NSR program
pursuant to 40 CFR 51.160(e).
SC DHEC in its letter also addresses
changes made to subparagraph II.B.h.
potentially allowing certain sources
with PTE exceeding the thresholds of
this subparagraph to be exempt from the
requirement to obtain a construction
permit. SC DHEC asserts that this
provision is primarily intended to apply
to sources with PTE only slightly above
the thresholds in subparagraph II.B.h.
SC DHEC notes the safeguards built into
the language that sources subject to any
applicable requirements are not exempt
from obtaining construction permits.
The letter then steps through an
example of the process that small
sources of VOC emissions would
undergo, including an assessment of any
potentially applicable requirements
related to NAAQS, toxics, or hazardous
air pollutants; consideration of the PTE
relative to major source thresholds; and
any other special considerations. SC
DHEC determines the applicability of
construction permits for these sources
under close scrutiny on a case-by-case
basis. This process in determining
which types and sizes of sources need
to undergo preconstruction review and
permitting, afforded the State pursuant
40 CFR 51.160(e), is sufficient to protect
the NAAQS and prevent interference
with reasonable further progress,
consistent with CAA sections
110(a)(2)(C) and 110(l).
SC DHEC’s change to paragraph II.B.3.
notes that SC DHEC may develop
emission thresholds for exemptions that
are not determined not to interfere with
attainment or maintenance or any state
or federal standard. EPA understands
this language to reflect SC DHEC’s
flexibility for determining which types
and sizes of sources need to undergo
preconstruction review and permitting
pursuant 40 CFR 51.160(e), and
understands that these thresholds
would need to be in the SIP, similar to
Subparagraph II.B.h. The compiled list
is available on SC DHEC’s Web site.5
EPA preliminarily agrees that SC DHEC
clearly lays out the types and sizes of
sources of interest for preconstruction
review, and also the reasonable process
by which case-by-case determinations
are made to exempt sources with
emissions above the thresholds in
subparagraph B.2.h., but less than any
thresholds for other applicable
requirements like major NSR. EPA also
5 The latest compiled list of exempted sources
was updated as of December 2016: https://
www.scdhec.gov/Environment/docs/New
Exemptions.pdf.
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preliminarily agrees that this portion of
South Carolina’s minor NSR program
does not interfere with attainment or
maintenance of the NAAQS, reasonable
further progress, or other applicable
CAA requirements. Therefore, we are
proposing to approve changes to the SIP
made to Section II.B. pursuant to CAA
sections 110(a)(2)(C) and 110(l), as well
as 40 CFR 51.160–164.
3. Section II.C.—‘‘Construction Permit
Applications’’
Regulation 61–62.1, Section II.C—
‘‘Construction Permit Applications,’’
specifies the requirements for sources
applying for and obtaining construction
permits. The October 1, 2007, submittal
makes several changes to subsection C.
as follows: (1) Renumbers former
paragraph A.2. to standalone subsection
C and changes the title to specify that
the requirements apply to construction
permit applications; (2) makes
administrative edits, including
renumbering; (3) adds paragraph C.3. to
reference SC DHEC forms which were
created to ease the permit application
process; and (4) renumbers former
subparagraphs B.2.a.–g. to C.3.a.–p.,
reformatting and clarifying what
information may be required in addition
to the SC DHEC forms, including more
specific process, chemical, and
emissions information used to
determine PTE, an air quality analysis
demonstrating protection of the
NAAQS, and a regulatory applicability
determination.
The July 18, 2011, submittal further
modifies Section II.C. at subparagraphs
C.3.c.–d. to make administrative edits.
South Carolina’s August 8, 2014,
submittal makes additional
administrative and clarifying edits. The
January 20, 2016, submittal also makes
minor administrative edits. Finally, the
July 27, 2016, submittal makes one
change to subparagraph C.2.m. to clarify
that scale drawings of the facility must
include buildings that might affect
dispersion of emissions.
EPA has reviewed the changes made
to the construction permit application
requirements and is proposing to
approve them into the SIP, pursuant to
CAA sections 110(a)(2)(C) and 110(l).
4. Section II.D.—‘‘General Construction
Permits’’
Regulation 61–62.1, Section II.D.—
‘‘General Construction Permits’’
provides regulations by which SC DHEC
can issue general construction permits
for similar sources. South Carolina’s
October 1, 2007, submittal adds these
provisions to the minor NSR program
for construction permits to facilitate the
permitting process for similar sources
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qualifying for and applying for coverage
under permits with general terms and
conditions. The purpose of this general
permitting minor NSR program is to
protect the NAAQS while simplifying
the permitting process for similar
sources. The general construction
permits paragraph provides for the
following: (1) General permits will
incorporate all applicable requirements
for construction of similar sources and
identify the criteria by which sources
can qualify for the permit; (2) sources
can submit construction permit
applications to SC DHEC that include
requests for coverage under the general
permit, and sources later determined
not to qualify for the general permit are
subject to enforcement; (3) approval to
operate under a permit is a final permit
action for the purposes of judicial
review; (4) the permit application can
deviate from the provisions of Section
II.C. if enough information is included
to determine the source’s qualification
for the general permit; and (5) sources
qualifying for general permits are able to
apply for individual construction
permits in lieu of coverage under the
general permit.
The August 8, 2014, submittal makes
administrative and clarifying edits to
subsection II.D. throughout. EPA has
reviewed the changes made to the minor
NSR permitting program and is
proposing to approve them into the SIP,
pursuant to CAA sections 110(a)(2)(C)
and 110(l).
6. Section II.E.—‘‘Synthetic Minor
Construction Permits’’
Regulation 61–62.1, Section II.E.—
‘‘Synthetic Minor Construction Permits’’
specifies requirements for obtaining
construction permits with federally
enforceable emissions limits to restrict
PTE for sources. South Carolina’s
October 1, 2007, submittal revises the
paragraph for synthetic minor sources as
follows: (1) Renumbers subsection II.H.
to subsection II.E.; (2) makes
administrative and clarifying
amendments to the title and throughout
the paragraph to clearly indicate that
this paragraph pertains to construction
permits and to update references; (3)
removes former subparagraphs II.2.c.–f.
as these requirements are now
redundant and covered by other
portions of subsection E. or Section II;
(4) adds paragraph E.3. to list required
synthetic minor permit conditions; (5)
adds administrative language to make
applications for general synthetic minor
construction permits consistent with
other construction permit applications;
and (6) adds paragraph E.5. to list
additional requirements for synthetic
minor construction permit applications
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relative to other minor construction
permit applications.
The August 8, 2014, submittal makes
changes to subsection II.E. to update
administrative language and references
throughout the paragraph. The July 27,
2016, submittal also makes
administrative edits to subparagraph
E.2.b. EPA has reviewed the changes
made to the requirements covering
synthetic minor construction permits
and is proposing to approve them into
the SIP, pursuant to CAA sections
110(a)(2)(C) and 110(l), and 40 CFR
51.160–164.
7. Section II.F.—‘‘Operating Permits’’
Regulation 61–62.1, Section II.F.—
‘‘Operating Permits’’ specifies
requirements for obtaining minor source
operating permits. South Carolina’s
October 1, 2007, submittal makes
several changes to subsection II.F. to
clarify and add requirements, including:
(1) Renumbering subsection II.B. to II.F.;
(2) adding paragraph F.1. to require
sources to record the actual date of
initial startup and submit it to SC
DHEC; (3) adding paragraph F.2. to
require certification that construction
was completed in accordance with the
specifications of the construction
permit, to require any variances from
the construction permit to be addressed,
and to assert that construction variances
which would trigger new requirements
will be considered construction without
a permit; (4) adding language to clarify
that title V sources may comply with the
Section II.F operating permit
requirements by submitting a permit
modification request under 61–
62.70.7(e) ; (5) adding language to
clarify that the existing requirement to
provide a written request to SC DHEC
for a new or revised operating permit
applies to minor sources and those
major sources not yet covered by a title
V permit; (6) adding subparagraph F.3.c.
to specify that the written request for a
new or revised operating permit must
include a list of sources put into
operation and the actual initial startup
dates for those sources; (7) making other
administrative edits throughout the
paragraph; and (8) moving paragraph
B.2. regarding permit renewals to a
standalone subsection II.H.
The August 8, 2014 and July 27, 2016,
submittals make administrative changes
to Section II.F.—‘‘Operating Permits.’’
EPA has reviewed the changes made to
the existing SIP requirements for
applying for an operating permit and is
proposing to approve them into the SIP,
pursuant to CAA sections 110(a)(2)(C)
and 110(l).
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38. Section II.G.—‘‘Conditional Major
Operating Permits’’
Regulation 61–62.1, Section II.G.—
‘‘Conditional Major Operating Permits’’
specifies requirements for obtaining
operating permits with federally
enforceable emissions limits to restrict
PTE for sources. South Carolina’s
October 1, 2007, submittal makes
several changes to subsection II.G. to
clarify applicability and requirements as
follows: (1) Adds language to specify
that paragraph II.G. applies to sources
requesting federally enforceable limits
to restrict PTE below major source
thresholds; (2) adds language to specify
that sources which received synthetic
minor construction permits and that are
not subject to title V will receive
conditional major operating permits; (3)
adds permit shield language to note that
if the renewal request is submitted
pursuant to paragraph II.H., conditional
major sources can operate under the
most recent conditional major permit
until SC DHEC processes the renewal
request; (4) adds language to note that
the written request provided by new
sources needs to include any additional
information specified in subparagraph
G.5.; (5) adds language and clarifies
existing language to note that the permit
conditions, including special conditions
to verify compliance with operational
and emissions limits, are located at
subsection II.J.; (6) modifies existing
language to specify additional
requirements for conditional major
operating permit applications only; (7)
removes requirements pertaining to
construction permit application
requirements because subsections II.C.
and II.E. otherwise cover these
requirements; (8) removes requirements
pertaining to standard operating permit
applications because those are
otherwise covered by subsection II.F.;
(9) adds language to specify that the
general information requirements in
construction permit applications at
paragraph C.3. also apply to conditional
major operating permits; and (10) makes
other administrative language changes
throughout the paragraph.
The July 18, 2011, August 8, 2014,
and July 27, 2016, submittals make
additional administrative changes to
subsection II.G. EPA has reviewed the
changes made to SC DHEC’s conditional
major source program, which is a
portion of the FESOP minor source
program, and agrees that the revisions
made to subsection II.G. clarify the
requirements for obtaining conditional
major operating permits. Further, EPA
has determined that the conditional
operating permit program remains
consistent with the criteria for
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approving FESOP programs.6 Therefore,
EPA is proposing to approve these
changes into the SIP pursuant to CAA
sections 110(a)(2)(C) and 110(l).
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9. Section II.H.—‘‘Operating Permit
Renewal Request’’
Regulation 61–62.1, Section II.H.—
‘‘Operating Permit Renewal Request’’
specifies requirements for renewing
operating permits for minor sources.
South Carolina’s October 1, 2007,
submittal makes several changes to
subsection II.H. to clarify applicability
and requirements as follows: (1)
Renumbers former paragraph B.2. to
make a standalone subsection at II.H.;
(2) adds paragraph H.1. to clarify that
operating permits must be renewed
through a written request; (3) adds
paragraph H.2. to clarify that subsection
II.H does not apply to title V sources; (4)
adds language to specify that sources
must submit permit renewal requests no
later than 90 days prior to expiration of
the existing operating permit; (5) revises
language to expand the type of
information needed to verify special
permit conditions; (6) adds language to
require more specific information in the
renewal request, including changes in
the source information required for
construction permits under paragraph
C.3.; and (7) makes administrative
language changes throughout the
paragraph.
The July 18, 2011, June 17, 2013,
August 8, 2014, and July 27, 2016,
submittals make several administrative
edits and correct typographical errors
throughout subsection II.H. EPA has
reviewed the changes made to the
operating permit renewal requirements
and believes these changes are more
specific and help to ensure SC DHEC
has the best information possible when
evaluating renewal requests. EPA has
also preliminarily determined that the
changes will not interfere with
attainment or maintenance of the
NAAQS, reasonable further progress, or
other applicable CAA requirements.
EPA is therefore proposing to approve
these changes into the SIP, pursuant to
CAA sections 110(a)(2)(C) and 110(l).
10. Section II.I.—‘‘Registration Permits’’
Regulation 61–62.1, Section II.I.—
‘‘Registration Permits’’ provides
regulations by which SC DHEC can
issue registration permits, covering the
construction and operation of similar
sources. South Carolina’s October 1,
2007, submittal adds these provisions to
the minor source construction and
operating permitting program to
6 EPA approved SC DHEC’s FESOP program on
December 11, 1995 (60 FR 63434).
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facilitate the permitting process for
similar true minor sources qualifying for
and applying for coverage permits for
specific source categories. The purpose
of this registration permitting minor
source program is to protect the NAAQS
while simplifying the permitting
process for similar true minor sources.
The difference between registration
permits and general construction
permits or general operating permits is
that this program develops permits for
specific source categories exclusively
for true minor sources.
The October 1, 2007, submittal
provides the following requirements for
registration permits under paragraph
II.I: (1) Registration permits will be
developed by SC DHEC and will specify
all applicable requirements for
construction and operation of similar
true minor sources; (2) registration
permits will be developed only for true
minor sources; (3) sources can submit
applications for coverage by certifying
qualification for, and agreeing to the
conditions of, registration permits, and
sources later determined not to qualify
for the registration permit are subject to
enforcement; (4) approval to operate
under a permit is a final permit action
for the purposes of judicial review; and
(5) sources will adhere to general
requirements under paragraph II.J.1.,
and any other special permit conditions
necessary to verify compliance with
operational and emission limits.
The July 18, 2011, submittal makes
subsequent changes to subsection II.I. as
follows: (1) Makes administrative edits;
(2) adds language to assert that
regardless of qualification for
registration permits, SC DHEC reserves
the right to require construction and
operating permits, as determined on a
case-by-case basis; and (3) changes
language to clarify that registration
permits shall contain any applicable
permit conditions under subsection II.J.,
rather than all permit conditions listed
in paragraph II.J., as SC DHEC finds
appropriate.
The August 8, 2014, submittal
includes other changes to paragraph
II.I., including administrative edits
throughout and adding language to
assert that SC DHEC can reopen
registration permits for cause or to
include new standards or regulations
that become applicable during the
lifetime of the permit. The August 8,
2014, submittal also removes language
at subparagraph I.1.a. requiring SC
DHEC to provide notice and opportunity
for public participation prior to
developing new registration permits.
However, the State withdrew this
change from EPA’s consideration in a
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letter dated August 7, 2017.7 In the
letter, SC DHEC explained that its intent
in withdrawing the change was to
require the Department to comply with
the public participation procedures at
subsection II.N. when developing
registration permits.
EPA has reviewed the changes made
to the registration permit requirements,
as clarified by the State’s August 7,
2017, letter, and is proposing to approve
them into the SIP, pursuant to CAA
sections 110(a)(2)(C) and 110(l), and 40
CFR part 51, subpart I.
11. Section II.J.—‘‘Permit Conditions’’
Regulation 61–62.1, Section II.J.—
‘‘Permit Conditions’’ specifies required
standard and special permit conditions.
The October 1, 2007, submittal
combines the standard and special
permit conditions into a standalone
section for required permit conditions.
This submittal makes the following
changes at paragraph J.: (1) Renumbers
former subsection II.C. to II.J. and
modifies the title to reflect that the
subsection applies to all permit types;
(2) requires sources to submit reports as
specified in applicable permits, laws,
regulations, or standards; (3) adds
language to assert that a source may be
subject to enforcement if it fails to
construct in accordance with the
application and any issued construction
permit, or constructs without applying
for approval; (4) adds language to clarify
the time period over which construction
permits are valid; (5) renumbers
paragraph G.4. to paragraph J.2. and
modifies the title to clarify that what
follows are special permit conditions;
(6) adds language stating that SC DHEC
will require special permit conditions as
it finds appropriate, such as operational
limits or reporting and recordkeeping
requirements; (7) removes former
subparagraph G.4.g., which states
conditions to limit PTE must be
federally enforceable, because the State
otherwise imposes this requirement for
synthetic minor construction permits at
subparagraph E.3. and conditional major
operating permits at subparagraph G.5.;
and (8) makes administrative language
changes throughout subsection II.J.
One change made to subparagraph
J.1.d., formerly C.4., in the October 1,
2007, submittal regards when emissions
reports need to be made. In the place of
a specific quarterly timeframe, the
change directs sources to comply with
reporting requirements derived from
applicable permit requirements, laws
and regulations, or standards. There are
no specific reporting requirements for
7 The August 7, 2017, letter has been included in
the docket for this action.
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minor sources specified in federal
regulations at 40 CFR 51.160–164, so
these reporting schedules can be
developed as SC DHEC deems
necessary.8 Moreover, subparagraph
J.1.a. states that ‘‘[n]o applicable law,
regulation or standard will be
contravened.’’ Thus, if there is a
prescriptive state or federal requirement
for reporting of emissions that applies to
any of these minor sources, the permits
will set the necessary reporting
schedule accordingly. Therefore, EPA
has determined that this change does
not interfere with attainment or
maintenance of the NAAQS, reasonable
further progress, or any other applicable
CAA requirements.
The July 18, 2011, submittal makes
further revisions to subsection II.J.,
including: (1) Adding language stating
that false information or
misrepresentation in a permit
application is grounds for permit
revocation; (2) adding language stating
that the issued construction or operating
permit must be kept at the facility and
that records must be kept as prescribed
on site for at least five years; and (3)
making administrative and clarifying
edits. The August 8, 2014, submittal
makes additional administrative
changes.
EPA has reviewed the changes to
standard and special permit
requirements for the minor source
construction and operating permit
program and is proposing to approve
them into the SIP pursuant to CAA
section 110(a)(2)(C) and 110(l).
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12. Section II.K.—‘‘Exceptions’’
Regulation 61–62.1, Section II.K.—
‘‘Exceptions’’ sets forth factors that SC
DHEC shall consider in determining
whether to impose alternative emissions
limits, compliance schedules, or other
restrictions. The October 1, 2007,
submittal makes non-substantive
changes to this subsection, including
renumbering this existing subsection
from II.D. to II.K., and making
administrative language changes. EPA is
therefore proposing to approve the
aforementioned changes into the SIP
pursuant to CAA sections 110(a)(2)(C)
and 110(l).
13. Section II.M.—‘‘Transfer of
Ownership/Operation’’
Regulation 61–62.1, Section II.M.—
‘‘Transfer of Ownership/Operation’’
specifies procedures for owners or
operators of sources to undertake if the
ownership or operation is transferred to
another party. The October 1, 2007,
8 40 CFR 70.6 generally requires semiannual
emissions and compliance reporting.
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submittal makes minor changes to this
regulation to renumber existing
subsection II.E. to subsection II.M. and
to add more specific requirements for
the written request to transfer
ownership or operation of a source. The
August 8, 2014, submittal makes only
administrative changes to language in
this subsection.
EPA has reviewed the changes to this
existing portion of the minor source
permitting regulations and is proposing
to approve the aforementioned changes
into the SIP pursuant to CAA section
110(a)(2)(C) and 110(l).
14. Section II.N.—‘‘Public Participation
Procedures’’
Regulation 61–62.1, Section II.N.—
‘‘Public Participation Procedures,’’
specifies the public participation
requirements for sources applying for
and obtaining federally enforceable
minor source construction and
operating permits. The October 1, 2007,
submittal makes several changes to
subsection N. as follows: (1) Renumbers
existing paragraph G.5. to create a
standalone paragraph for public
participation and clarify that these
procedures can apply to other types of
permit requests rather than only
conditional major source operating
permits; (2) adds language providing SC
DHEC with discretion to require notice
of permitting activity, even when not
otherwise required by the State’s
regulations; (3) adds language stating
that SC DHEC can use means other than
publishing in newspapers, the State
Register, and mailing lists to notify the
public of minor source permitting; and
(5) makes administrative language edits
for consistency.
The July 18, 2011, submittal makes
one clarifying edit to reflect that an
approved construction permit is
required prior to the commencement of
construction. The August 8, 2014,
submittal makes administrative and
clarifying edits to subsection II.N.,
including: (1) Adding language to
subparagraph N.1. to identify the SC
DHEC Web site as another method of
notifying the public of permitting
activity; (2) reformatting and revising
paragraph N.2. to list the required
elements of the public notice; (3)
revising language to identify how SC
DHEC will address and record
comments, and broadening the SC
DHEC procedures to note that the State
will respond to all comments rather
than only those received in writing or at
the public hearing; (4) removing
language requiring SC DEHC to respond
to all comments in writing; and (5)
making administrative edits.
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The changes in the October 1, 2007,
submittal to allow for other methods of
public notice, and in the August 8,
2014, submittal to explicitly list the SC
DHEC Web site as a possible method of
public notice are consistent with the
minor source permitting regulations at
40 CFR 51.161. EPA has existing policy
asserting that the public notice
requirement for minor source permitting
activities at 40 CFR 51.161(b)(3) is
media-neutral, meaning that the public
notice requirement can be met as long
as the State interprets the method to be
‘‘prominent advertising.’’ 9 SC DHEC
can therefore make use of its Web site,
mailing lists, and other methods in lieu
of publication in a newspaper. The
provisions at subsection II.N. pertain
only to minor sources, and any major
source public notice requirements are
contained in the major source PSD,
NNSR, and title V regulations.10
EPA has reviewed the public notice
requirements and preliminarily finds
that the changes currently before the
Agency are not inconsistent with the
CAA and EPA’s implementing
regulations, including the criteria for
approving FESOP programs. See 54 FR
27274 (June 28, 1989). Therefore, EPA is
proposing to approve the changes to the
existing public notice requirements for
the minor NSR and FESOP programs,
pursuant to CAA section 110(a)(2)(C)
and 40 CFR 51.160–164.
15. Section II.O.—‘‘Inspection and
Entry’’
Regulation 61–62.1, Section II.O.—
‘‘Inspection and Entry,’’ specifies
requirements to allow SC DHEC officials
to enter and inspect facilities. South
Carolina’s July 18, 2011, submittal adds
these provisions to the minor source
construction and operating permitting
program to allow for verification of
adherence to permit conditions. The
August 8, 2014, submittal makes one
additional administrative change to the
introductory language at subsection II.O.
The ability for SC DHEC to enter and
inspect facilities enables the State to
oversee the minor source permitting
program, including assisting in potential
enforcement actions. EPA is therefore
proposing to approve this subsection
9 McCabe, Janet, ‘‘Minor New Source Review
Program Public Notice Requirements under 40 CFR
51.161(b)(3),’’ Memorandum to Regional
Administrators, Office of Air and Radiation,
Washington, DC (April 17, 2012).
10 EPA published a final rule on October 18, 2016
(81 FR 71613) amending the public notice
requirements for major source permitting programs
to allow for other means of public notice, including
Web sites. This proposed rulemaking only deals
with changes to South Carolina’s minor source
permitting regulations.
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and its updated provisions into the SIP,
pursuant to CAA section 110(a)(2)(C).
IV. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
South Carolina Regulation 61–62.1,
Section II—‘‘Permit Requirements,’’
effective June 24, 2016,11 which revises
the federally enforceable minor source
construction and operating permit
program. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and/or at the EPA
Region 4 office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Proposed Action
EPA is proposing to approve portions
of revisions to the South Carolina SIP
submitted by SC DHEC to EPA on
October 1, 2007, July 18, 2011, June 17,
2013, August 8, 2014, January 20, 2016,
and July 27, 2016. Specifically, EPA is
proposing to approve the changes to
S.C. Code Ann. Regs. 61–62.1, Section
II—‘‘Permit Requirements,’’ as
discussed above, pursuant to CAA
section 110(a)(2)(C), section 110(l), and
40 CFR 51.160—164.
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VI. 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 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.);
11 See Section I and Section II.C. of this proposed
rule for additional detail.
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• 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 (Public Law 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 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, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 7, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017–17345 Filed 8–16–17; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0104; FRL–9966–18–
Region 4]
Air Plan Approval; Alabama; Regional
Haze Plan and Prong 4 (Visibility) for
the 2012 PM2.5, 2010 NO2, 2010 SO2,
and 2008 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to take the
following four actions regarding the
Alabama State Implementation Plan
(SIP), contingent upon a final
determination from the Agency that a
state’s participation in the Cross-State
Air Pollution Rule (CSAPR) continues to
meet the Regional Haze Rule (RHR)’s
criteria to qualify as an alternative to the
application of Best Available Retrofit
Technology (BART): Approve the
portion of Alabama’s October 26, 2015,
SIP submittal seeking to change reliance
from the Clean Air Interstate Rule
(CAIR) to CSAPR for certain regional
haze requirements; convert EPA’s
limited approval/limited disapproval of
Alabama’s July 15, 2008, regional haze
SIP to a full approval; approve the
visibility prong of Alabama’s
infrastructure SIP submittals for the
2012 Fine Particulate Matter (PM2.5),
2010 Nitrogen Dioxide (NO2), and 2010
Sulfur Dioxide (SO2) National Ambient
Air Quality Standards (NAAQS); and
convert EPA’s disapproval of the
visibility portion of Alabama’s
infrastructure SIP submittal for the 2008
Ozone NAAQS to an approval.
DATES: Comments must be received on
or before September 18, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No EPA–R04–
OAR–2017–0104 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
SUMMARY:
E:\FR\FM\17AUP1.SGM
17AUP1
Agencies
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39083-39090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17345]
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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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: 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 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 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 39084]]
Regulation 61-62.5, Standard No. 5--``Volatile Organic Compounds.''
Additionally, EPA is not acting on the changes included in the
August 8, 2014, submittal to the following regulations: Regulation 61-
62.1, Section I--``Definitions''; 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
Equipment''; and Regulation 61-62.5, Standard No. 4--``Emissions from
Process Industries.'' EPA approved the changes to Regulation 61-62.1,
Section III--``Emissions Inventory and Emissions Statement,'' included
in the August 8, 2014, submittal, on June 12, 2015 (80 FR 33413) and
May 31, 2017 (82 FR 24851).
EPA is also not acting on the changes included in the January 20,
2016, submittal to the following regulations: Regulation 61-62.5,
Standard No. 5--``Volatile Organic Compounds''; Regulation 61-62.5,
Standard No. 7.1--``Nonattainment New Source Review''; and Regulation
61-62.6--``Control of Fugitive Particulate Matter.''
Finally, EPA is not acting on the changes included in the July 27,
2016, submittal to the following regulations: Regulation 61-62.1,
Section I--``Definitions''; 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 will
address these remaining changes to the South Carolina SIP in separate
actions.
II. Analysis of State's Submittal
A. Overview of Changes to Section II--``Permit Requirements''
South Carolina has a SIP-approved minor source permitting program
at Regulation 61-62.1, Section II--``Permit Requirements.'' These
regulations include requirements for obtaining preconstruction and
operating permits for different types of minor sources. The program
covers ``true minor'' sources, which have the potential to emit (PTE)
of certain pollutants below major sources thresholds for new sources
and modifications. The SIP-approved minor source permitting program
also includes provisions for issuing permits that establish federally
enforceable emission limits to restrict the PTE of certain pollutants
below major source and major modification applicability thresholds:
``synthetic minor'' permits establish these limits for sources
obtaining construction permits, and ``conditional major'' permits
establish these emission limits in the corresponding operating permits.
South Carolina initially revised its minor NSR and FESOP rules in the
October 1, 2007, submittal to clarify and streamline requirements for
obtaining minor source construction and operating permits. The July 18,
2011, June 17, 2013, August 8, 2014, January 20, 2016, and July 27,
2017, submittals make other clarifying and administrative changes,
which are discussed for each subsection of the regulation below.
EPA has reviewed the proposed changes to the minor source
construction and operating permitting regulations and preliminarily
finds them to be consistent with CAA sections 110(a)(2)(C) and 110(l),
EPA's minor NSR regulations found at 40 CFR 51.160--164, and the
criteria applicable to an approvable State FESOP program.
B. Analysis of Changes to Each Section
1. Section II.A.--``Construction Permits''
Regulation 61-62.1, Section II.A--``Construction Permits''
specifies applicability and certain requirements for obtaining permits
for sources seeking to construct or modify emissions units. The October
1, 2007, submittal makes several changes to paragraph A. as follows:
(1) Adds allowed preconstruction activities at subparagraph A.1.d. for
true minor sources (i.e., minor sources that are not synthetic minor
sources); (2) adds the requirement that written notification be
provided to the Department marking the commencement of construction and
initial startup; (3) adds language requiring compliance with all terms,
limits, and conditions of Department-issued construction permits; (4)
adds time constraints for the validity of issued construction permits;
and (5) removes the descriptions of permit application requirements
from former paragraph A.2. to create a standalone subsection C. for
construction permits, and to detail more specific requirements for
other types of permits in other paragraphs.
The July 18, 2011, submittal makes subsequent clarifying and
administrative changes to Section II.A., consolidating former
subparagraph A.1.a. and paragraph A.5. into an introductory paragraph
applicable to the entirety of Regulation 61-62.1, Section II. The
submittal also makes other renumbering and administrative edits to the
remaining subparagraphs.
The language moved to an introductory paragraph for Section II
states: (1) The regulation will not supersede any state or federal
requirements nor special permit conditions unless it imposes a more
restrictive limit; (2) sources must comply with all terms, conditions,
and limitations of any permit issued by SC DHEC for sources or
activities at its facility; and (3) a source's permit status may change
if new regulatory requirements become applicable. The effect of moving
this language from subsection A. is to clarify that it is applicable to
all of Section II--meaning it applies to any types of permits issued by
the SC DHEC rather than only construction permits.
The August 8, 2014, submittal further modifies Section II.A. by
making administrative edits and adding additional allowed
preconstruction activities for true minor sources at subparagraph
A.1.c, originally added in the October 1, 2007, submittal as
subparagraph A.1.d.
The revision to subparagraph A.1.c.--added to the Regulation as
A.1.d. in the October 1, 2007, submittal, renumbered in the July 18,
2011, submittal, and updated in the August 8, 2014, submittal--allows
certain preconstruction activities prior to obtaining a final
construction permit, provided that specific conditions are met. EPA has
preliminarily determined that the preconstruction activities provision
is consistent with the requirements of CAA sections 110(a)(2)(C) and
110(l), and federal regulations at 40 CFR 51.160--51.164.
Section 110(a)(2)(C) of the CAA requires that state SIPs include a
program for regulating the construction and modification of stationary
sources as necessary to ensure that the NAAQS are maintained. Federal
regulations at 40 CFR 51.160(b) require states to have legally
enforceable procedures to prevent construction or modification of a
source if it would violate any SIP control strategies or interfere with
attainment or maintenance of the NAAQS. Federal regulations limit the
types of allowed preconstruction activities for new and modified major
sources at 40 CFR 51.165(a)(1)(xv), 51.166(b)(11), and 52.21(b)(11)
and, as discussed below, South Carolina has adopted these provisions
into its SIP. But federal regulations do not impose a corresponding
limitation on preconstruction activities for minor sources. SC DHEC
provided additional clarification of its allowed minor source
preconstruction activities in a December 30, 2016, letter, which is
included in the Docket for this proposed action. In this letter, SC
DHEC first explains that ``[a]llowed preconstruction activities are
extremely limited in nature and do not include construction of that
actual process unit itself.'' The State also points to a requirement
under Section II.C.3.n. that sources applying for
[[Page 39085]]
construction permits demonstrate emissions will not interfere with
attainment or maintenance of the NAAQS. This requirement corresponds to
Section II.A.2. of the Regulation, which states that permits will not
be issued if emissions interfere with any state or federal standard.
SC DHEC also points to its memorandum regarding allowed
preconstruction activities for major sources prior to obtaining PSD
permits.\3\ SC DHEC notes that its minor source preconstruction
activities provisions mirror the federal limits on major source
preconstruction activities, with the exception of one additional
activity: Allowing a facility to pour concrete foundation prior to
obtaining a construction permit. This activity is only prohibited for
major sources or major modifications prior to obtaining a permit in
accordance with the definition of ``begin actual construction'' in the
federal PSD regulations at 40 CFR 51.166(b)(11) and 52.21(b)(11), and
the NNSR regulations at 51.165(a)(1)(xv). As SC DHEC explains in its
clarifying letter, Section II.A.1.c.--which specifies which sources may
engage in preconstruction activities--explicitly excludes ``sources not
requesting to use federally enforceable construction permit conditions
to limit potential to emit, sources not subject to regulations with
more stringent start of construction limitations, or sources not
otherwise exempt from permit requirements.'' In other words, the
regulation excludes, among other sources, major sources subject to PSD
regulations or CAA section 112 requirements for hazardous air
pollutants (i.e., major sources and modifications).
---------------------------------------------------------------------------
\3\ This memorandum is also included in the Docket for this
proposed action.
---------------------------------------------------------------------------
In its December 30, 2016 letter, SC DHEC references Section
II.A.1.d., which clearly states that the owners or operators of any
sources that would not qualify for the issuance of a construction
permit assume the financial risk of commencing the preconstruction
activities listed in Section II.A.1.c. SC DHEC also notes that a source
could be subject to an enforcement action under Section II.F.2. and
Section II.J.1.e.--or subject to permit revocation under Section
II.J.1.b--if the source either did not comply with the regulations
during construction or would not have qualified for the preconstruction
activities undertaken.
Because SC DHEC does not allow for the construction of process
units, there are no increased emissions associated with any of the
preconstruction activities allowed at Section II.A.1.c.i.-xvii. The
gatekeeping applicability language at Section II.A.1.c. and major NSR
applicability provisions at Regulation 61-62.5, Standard No. 7(a)(2)
and Standard No. 7.1(a)(1), provide that no major sources or
modifications may engage in the preconstruction activities allowed
under Section II.A.1.c.i.-xvii. Additionally, SC DHEC does not allow
synthetic minor sources to conduct the preconstruction activities.
Finally, SC DHEC has legally enforceable procedures to prevent
construction or modification of a source if it would violate SIP
control strategies or interfere with attainment or maintenance of the
NAAQS, as required by 40 CFR 51.160(b).
The changes to South Carolina's minor NSR program are not
inconsistent with the requirements of the CAA and EPA's regulations,
and are therefore approvable as part of the SIP. EPA is therefore
proposing to approve the aforementioned changes to subsection A. and
the introductory portion of Section II pursuant to the CAA and 40 CFR
51.160-164.
2. Section II.B.--``Exemptions From the Requirement To Obtain a
Construction Permit''
Regulation 61-62.1, Section II.B.--``Exemptions from the
Requirement to Obtain a Construction Permit'' specifies which types of
minor sources are exempt from obtaining minor source construction
permits. The October 1, 2007, submittal makes several changes to
subsection II.B. as follows: (1) Renumbers existing Section II.F. to
Section II.B. and modifies the title to clarify that the paragraph
applies only to construction permits; (2) adds language specifying that
future source modifications or new regulatory requirements may trigger
the need to obtain a permit for exempted facilities; (3) clarifies that
the exemption for boilers and space heaters applies to those firing
virgin solid and liquid fuels; (4) adds an exemption for boilers and
space heaters firing only virgin gas fuels rated 10 million British
thermal units per hour or less; (5) modifies the number of hours for
testing and maintenance for exempted emergency generators; (6) modifies
subparagraph B.2.h. to exempt additional sources with emissions less
than the threshold of 1 pound per hour (lb/hr) PTE of sulfur dioxide,
nitrogen oxides, and carbon monoxide; (7) adds the requirement for SC
DHEC to periodically publish a list of sources exempted from the
construction permit requirement under subparagraphs B.2.a.-g.--and any
other sources determined to qualify for permit exemptions based on
subparagraph B.2.h.--in the South Carolina State Register; (8) adds
procedures for sources requesting exemption from obtaining a
construction permit under paragraph B.2. or paragraph B.4.; (9) adds
paragraph B.6. to provide that exemptions under Section II.B. do not
relieve the owner or operator of any source from any obligation to
comply with any other applicable requirements; and (10) makes other
administrative changes and adds references throughout subsection B.
The July 18, 2011, submittal makes subsequent revisions to clarify
requirements and qualifications at Section II.B., as follows: (1) Adds
language to subparagraph B.2.h. to require that emissions calculations
or other information necessary to demonstrate a source qualifies for
the exemption must be kept on site and provided to SC DHEC upon
request; (2) revises language in paragraph B.3. to clarify that source
types which are added to the list of exempted sources will be
determined not to interfere with attainment or maintenance of any state
or federal standard; (3) adds language stating that SC DHEC reserves
the right to require a construction permit on a case-by-case basis, and
that case-by-case determinations will consider, but not be limited to,
``the nature and amount of the pollutants, location, proximity to
residences and commercial establishments, etc.''; and (4) makes
administrative edits to existing language.
Finally, the August 8, 2014, submittal makes additional changes to
paragraph II.B., including: (1) Administrative edits to the title of
the paragraph and to references and subparagraphs throughout; (2)
revises the PTE criteria in subparagraph B.2.h. to a 5 ton per year
(tpy) threshold rather than 1 lb/hr, and adds language to state that
sources with higher PTE may be exempted under this subparagraph if they
demonstrate that they are not subject to any applicable state or
federal limits or requirements; (3) amends paragraph B.3. to include
language asserting that SC DHEC may develop emission thresholds for
exemption that are determined will not interfere with attainment or
maintenance of state or federal standards to include in the list
maintained pursuant to this paragraph, and that SC DHEC could be
petitioned to consider adding additional sources to this list; and (4)
adds paragraph B.5. stating that sources of volatile organic compounds
(VOCs) with a PTE greater than the emission threshold listed in
subparagraph B.2.h. may be exempted from the requirement to obtain a
[[Page 39086]]
construction permit on a case-by-case basis, and that exempt sources
may later be required to be included in construction or operating
permits.
Section 110(a)(2)(C) of the CAA requires that SIPs include a
program for regulating the construction and modification of stationary
sources as necessary to ensure that the NAAQS are maintained. Federal
regulations at 40 CFR 51.160(e) require that states identify the types
and sizes of sources subject to review and the basis for determining
which sources are subject. Additionally, CAA section 110(l) provides
that EPA shall not approve a revision to a plan if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in CAA section 171), or any
other applicable requirement of the CAA. SC DHEC has determined that
specific sources listed at paragraphs B.1. and B.2. do not require
permits because their size is not such that they are expected to
interfere with attainment or maintenance of state or federal standards,
including reasonable further progress.
SC DHEC's December 30, 2016, letter provides additional
clarification for certain changes made to Section II.B. Subparagraph
B.2.f. extends the testing and maintenance operation threshold for
exempting emergency generators from 250 hours to 500 hours per year. SC
DHEC considered CAA section 110(l), and asserts that the state expects
no increase in actual emissions as a result of raising this exemption
threshold. SC DHEC explains that the 500 hours per year threshold is
commonly used to determine the PTE for title V and other major source
applicability determinations, consistent with an EPA guidance
memorandum.\4\ These sources are still restricted to emergency
conditions, meaning that other types of non-emergency activities--such
as peak shaving--would not qualify for the exemption under paragraph
II.B. Additionally, SC DHEC points to applicable federal requirements
for emergency generators at 40 CFR part 63 at subpart ZZZZ and 40 CFR
part 60 at subparts IIII and JJJJ to restrict non-emergency use of
these sources to 100 hours per year. Therefore, this change to
subparagraph B.2.f. will not result in any real increase in emissions
and therefore will not affect the state's ability to attain or maintain
state or federal standards or reasonable further progress. The State
also has the discretion to define the scope of its minor NSR program
pursuant to 40 CFR 51.160(e).
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\4\ Seitz, John S. ``Calculating Potential to Emit (PTE) for
Emergency Generators.'' Memorandum to Program Directors in EPA
Regional Offices, Office of Air Quality Planning and Standards,
Research Triangle Park, NC (September 6, 1995).
---------------------------------------------------------------------------
SC DHEC in its letter also addresses changes made to subparagraph
II.B.h. potentially allowing certain sources with PTE exceeding the
thresholds of this subparagraph to be exempt from the requirement to
obtain a construction permit. SC DHEC asserts that this provision is
primarily intended to apply to sources with PTE only slightly above the
thresholds in subparagraph II.B.h. SC DHEC notes the safeguards built
into the language that sources subject to any applicable requirements
are not exempt from obtaining construction permits. The letter then
steps through an example of the process that small sources of VOC
emissions would undergo, including an assessment of any potentially
applicable requirements related to NAAQS, toxics, or hazardous air
pollutants; consideration of the PTE relative to major source
thresholds; and any other special considerations. SC DHEC determines
the applicability of construction permits for these sources under close
scrutiny on a case-by-case basis. This process in determining which
types and sizes of sources need to undergo preconstruction review and
permitting, afforded the State pursuant 40 CFR 51.160(e), is sufficient
to protect the NAAQS and prevent interference with reasonable further
progress, consistent with CAA sections 110(a)(2)(C) and 110(l).
SC DHEC's change to paragraph II.B.3. notes that SC DHEC may
develop emission thresholds for exemptions that are not determined not
to interfere with attainment or maintenance or any state or federal
standard. EPA understands this language to reflect SC DHEC's
flexibility for determining which types and sizes of sources need to
undergo preconstruction review and permitting pursuant 40 CFR
51.160(e), and understands that these thresholds would need to be in
the SIP, similar to Subparagraph II.B.h. The compiled list is available
on SC DHEC's Web site.\5\ EPA preliminarily agrees that SC DHEC clearly
lays out the types and sizes of sources of interest for preconstruction
review, and also the reasonable process by which case-by-case
determinations are made to exempt sources with emissions above the
thresholds in subparagraph B.2.h., but less than any thresholds for
other applicable requirements like major NSR. EPA also preliminarily
agrees that this portion of South Carolina's minor NSR program does not
interfere with attainment or maintenance of the NAAQS, reasonable
further progress, or other applicable CAA requirements. Therefore, we
are proposing to approve changes to the SIP made to Section II.B.
pursuant to CAA sections 110(a)(2)(C) and 110(l), as well as 40 CFR
51.160-164.
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\5\ The latest compiled list of exempted sources was updated as
of December 2016: https://www.scdhec.gov/Environment/docs/NewExemptions.pdf.
---------------------------------------------------------------------------
3. Section II.C.--``Construction Permit Applications''
Regulation 61-62.1, Section II.C--``Construction Permit
Applications,'' specifies the requirements for sources applying for and
obtaining construction permits. The October 1, 2007, submittal makes
several changes to subsection C. as follows: (1) Renumbers former
paragraph A.2. to standalone subsection C and changes the title to
specify that the requirements apply to construction permit
applications; (2) makes administrative edits, including renumbering;
(3) adds paragraph C.3. to reference SC DHEC forms which were created
to ease the permit application process; and (4) renumbers former
subparagraphs B.2.a.-g. to C.3.a.-p., reformatting and clarifying what
information may be required in addition to the SC DHEC forms, including
more specific process, chemical, and emissions information used to
determine PTE, an air quality analysis demonstrating protection of the
NAAQS, and a regulatory applicability determination.
The July 18, 2011, submittal further modifies Section II.C. at
subparagraphs C.3.c.-d. to make administrative edits. South Carolina's
August 8, 2014, submittal makes additional administrative and
clarifying edits. The January 20, 2016, submittal also makes minor
administrative edits. Finally, the July 27, 2016, submittal makes one
change to subparagraph C.2.m. to clarify that scale drawings of the
facility must include buildings that might affect dispersion of
emissions.
EPA has reviewed the changes made to the construction permit
application requirements and is proposing to approve them into the SIP,
pursuant to CAA sections 110(a)(2)(C) and 110(l).
4. Section II.D.--``General Construction Permits''
Regulation 61-62.1, Section II.D.--``General Construction Permits''
provides regulations by which SC DHEC can issue general construction
permits for similar sources. South Carolina's October 1, 2007,
submittal adds these provisions to the minor NSR program for
construction permits to facilitate the permitting process for similar
sources
[[Page 39087]]
qualifying for and applying for coverage under permits with general
terms and conditions. The purpose of this general permitting minor NSR
program is to protect the NAAQS while simplifying the permitting
process for similar sources. The general construction permits paragraph
provides for the following: (1) General permits will incorporate all
applicable requirements for construction of similar sources and
identify the criteria by which sources can qualify for the permit; (2)
sources can submit construction permit applications to SC DHEC that
include requests for coverage under the general permit, and sources
later determined not to qualify for the general permit are subject to
enforcement; (3) approval to operate under a permit is a final permit
action for the purposes of judicial review; (4) the permit application
can deviate from the provisions of Section II.C. if enough information
is included to determine the source's qualification for the general
permit; and (5) sources qualifying for general permits are able to
apply for individual construction permits in lieu of coverage under the
general permit.
The August 8, 2014, submittal makes administrative and clarifying
edits to subsection II.D. throughout. EPA has reviewed the changes made
to the minor NSR permitting program and is proposing to approve them
into the SIP, pursuant to CAA sections 110(a)(2)(C) and 110(l).
6. Section II.E.--``Synthetic Minor Construction Permits''
Regulation 61-62.1, Section II.E.--``Synthetic Minor Construction
Permits'' specifies requirements for obtaining construction permits
with federally enforceable emissions limits to restrict PTE for
sources. South Carolina's October 1, 2007, submittal revises the
paragraph for synthetic minor sources as follows: (1) Renumbers
subsection II.H. to subsection II.E.; (2) makes administrative and
clarifying amendments to the title and throughout the paragraph to
clearly indicate that this paragraph pertains to construction permits
and to update references; (3) removes former subparagraphs II.2.c.-f.
as these requirements are now redundant and covered by other portions
of subsection E. or Section II; (4) adds paragraph E.3. to list
required synthetic minor permit conditions; (5) adds administrative
language to make applications for general synthetic minor construction
permits consistent with other construction permit applications; and (6)
adds paragraph E.5. to list additional requirements for synthetic minor
construction permit applications relative to other minor construction
permit applications.
The August 8, 2014, submittal makes changes to subsection II.E. to
update administrative language and references throughout the paragraph.
The July 27, 2016, submittal also makes administrative edits to
subparagraph E.2.b. EPA has reviewed the changes made to the
requirements covering synthetic minor construction permits and is
proposing to approve them into the SIP, pursuant to CAA sections
110(a)(2)(C) and 110(l), and 40 CFR 51.160-164.
7. Section II.F.--``Operating Permits''
Regulation 61-62.1, Section II.F.--``Operating Permits'' specifies
requirements for obtaining minor source operating permits. South
Carolina's October 1, 2007, submittal makes several changes to
subsection II.F. to clarify and add requirements, including: (1)
Renumbering subsection II.B. to II.F.; (2) adding paragraph F.1. to
require sources to record the actual date of initial startup and submit
it to SC DHEC; (3) adding paragraph F.2. to require certification that
construction was completed in accordance with the specifications of the
construction permit, to require any variances from the construction
permit to be addressed, and to assert that construction variances which
would trigger new requirements will be considered construction without
a permit; (4) adding language to clarify that title V sources may
comply with the Section II.F operating permit requirements by
submitting a permit modification request under 61-62.70.7(e) ; (5)
adding language to clarify that the existing requirement to provide a
written request to SC DHEC for a new or revised operating permit
applies to minor sources and those major sources not yet covered by a
title V permit; (6) adding subparagraph F.3.c. to specify that the
written request for a new or revised operating permit must include a
list of sources put into operation and the actual initial startup dates
for those sources; (7) making other administrative edits throughout the
paragraph; and (8) moving paragraph B.2. regarding permit renewals to a
standalone subsection II.H.
The August 8, 2014 and July 27, 2016, submittals make
administrative changes to Section II.F.--``Operating Permits.'' EPA has
reviewed the changes made to the existing SIP requirements for applying
for an operating permit and is proposing to approve them into the SIP,
pursuant to CAA sections 110(a)(2)(C) and 110(l).
38. Section II.G.--``Conditional Major Operating Permits''
Regulation 61-62.1, Section II.G.--``Conditional Major Operating
Permits'' specifies requirements for obtaining operating permits with
federally enforceable emissions limits to restrict PTE for sources.
South Carolina's October 1, 2007, submittal makes several changes to
subsection II.G. to clarify applicability and requirements as follows:
(1) Adds language to specify that paragraph II.G. applies to sources
requesting federally enforceable limits to restrict PTE below major
source thresholds; (2) adds language to specify that sources which
received synthetic minor construction permits and that are not subject
to title V will receive conditional major operating permits; (3) adds
permit shield language to note that if the renewal request is submitted
pursuant to paragraph II.H., conditional major sources can operate
under the most recent conditional major permit until SC DHEC processes
the renewal request; (4) adds language to note that the written request
provided by new sources needs to include any additional information
specified in subparagraph G.5.; (5) adds language and clarifies
existing language to note that the permit conditions, including special
conditions to verify compliance with operational and emissions limits,
are located at subsection II.J.; (6) modifies existing language to
specify additional requirements for conditional major operating permit
applications only; (7) removes requirements pertaining to construction
permit application requirements because subsections II.C. and II.E.
otherwise cover these requirements; (8) removes requirements pertaining
to standard operating permit applications because those are otherwise
covered by subsection II.F.; (9) adds language to specify that the
general information requirements in construction permit applications at
paragraph C.3. also apply to conditional major operating permits; and
(10) makes other administrative language changes throughout the
paragraph.
The July 18, 2011, August 8, 2014, and July 27, 2016, submittals
make additional administrative changes to subsection II.G. EPA has
reviewed the changes made to SC DHEC's conditional major source
program, which is a portion of the FESOP minor source program, and
agrees that the revisions made to subsection II.G. clarify the
requirements for obtaining conditional major operating permits.
Further, EPA has determined that the conditional operating permit
program remains consistent with the criteria for
[[Page 39088]]
approving FESOP programs.\6\ Therefore, EPA is proposing to approve
these changes into the SIP pursuant to CAA sections 110(a)(2)(C) and
110(l).
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\6\ EPA approved SC DHEC's FESOP program on December 11, 1995
(60 FR 63434).
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9. Section II.H.--``Operating Permit Renewal Request''
Regulation 61-62.1, Section II.H.--``Operating Permit Renewal
Request'' specifies requirements for renewing operating permits for
minor sources. South Carolina's October 1, 2007, submittal makes
several changes to subsection II.H. to clarify applicability and
requirements as follows: (1) Renumbers former paragraph B.2. to make a
standalone subsection at II.H.; (2) adds paragraph H.1. to clarify that
operating permits must be renewed through a written request; (3) adds
paragraph H.2. to clarify that subsection II.H does not apply to title
V sources; (4) adds language to specify that sources must submit permit
renewal requests no later than 90 days prior to expiration of the
existing operating permit; (5) revises language to expand the type of
information needed to verify special permit conditions; (6) adds
language to require more specific information in the renewal request,
including changes in the source information required for construction
permits under paragraph C.3.; and (7) makes administrative language
changes throughout the paragraph.
The July 18, 2011, June 17, 2013, August 8, 2014, and July 27,
2016, submittals make several administrative edits and correct
typographical errors throughout subsection II.H. EPA has reviewed the
changes made to the operating permit renewal requirements and believes
these changes are more specific and help to ensure SC DHEC has the best
information possible when evaluating renewal requests. EPA has also
preliminarily determined that the changes will not interfere with
attainment or maintenance of the NAAQS, reasonable further progress, or
other applicable CAA requirements. EPA is therefore proposing to
approve these changes into the SIP, pursuant to CAA sections
110(a)(2)(C) and 110(l).
10. Section II.I.--``Registration Permits''
Regulation 61-62.1, Section II.I.--``Registration Permits''
provides regulations by which SC DHEC can issue registration permits,
covering the construction and operation of similar sources. South
Carolina's October 1, 2007, submittal adds these provisions to the
minor source construction and operating permitting program to
facilitate the permitting process for similar true minor sources
qualifying for and applying for coverage permits for specific source
categories. The purpose of this registration permitting minor source
program is to protect the NAAQS while simplifying the permitting
process for similar true minor sources. The difference between
registration permits and general construction permits or general
operating permits is that this program develops permits for specific
source categories exclusively for true minor sources.
The October 1, 2007, submittal provides the following requirements
for registration permits under paragraph II.I: (1) Registration permits
will be developed by SC DHEC and will specify all applicable
requirements for construction and operation of similar true minor
sources; (2) registration permits will be developed only for true minor
sources; (3) sources can submit applications for coverage by certifying
qualification for, and agreeing to the conditions of, registration
permits, and sources later determined not to qualify for the
registration permit are subject to enforcement; (4) approval to operate
under a permit is a final permit action for the purposes of judicial
review; and (5) sources will adhere to general requirements under
paragraph II.J.1., and any other special permit conditions necessary to
verify compliance with operational and emission limits.
The July 18, 2011, submittal makes subsequent changes to subsection
II.I. as follows: (1) Makes administrative edits; (2) adds language to
assert that regardless of qualification for registration permits, SC
DHEC reserves the right to require construction and operating permits,
as determined on a case-by-case basis; and (3) changes language to
clarify that registration permits shall contain any applicable permit
conditions under subsection II.J., rather than all permit conditions
listed in paragraph II.J., as SC DHEC finds appropriate.
The August 8, 2014, submittal includes other changes to paragraph
II.I., including administrative edits throughout and adding language to
assert that SC DHEC can reopen registration permits for cause or to
include new standards or regulations that become applicable during the
lifetime of the permit. The August 8, 2014, submittal also removes
language at subparagraph I.1.a. requiring SC DHEC to provide notice and
opportunity for public participation prior to developing new
registration permits. However, the State withdrew this change from
EPA's consideration in a letter dated August 7, 2017.\7\ In the letter,
SC DHEC explained that its intent in withdrawing the change was to
require the Department to comply with the public participation
procedures at subsection II.N. when developing registration permits.
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\7\ The August 7, 2017, letter has been included in the docket
for this action.
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EPA has reviewed the changes made to the registration permit
requirements, as clarified by the State's August 7, 2017, letter, and
is proposing to approve them into the SIP, pursuant to CAA sections
110(a)(2)(C) and 110(l), and 40 CFR part 51, subpart I.
11. Section II.J.--``Permit Conditions''
Regulation 61-62.1, Section II.J.--``Permit Conditions'' specifies
required standard and special permit conditions. The October 1, 2007,
submittal combines the standard and special permit conditions into a
standalone section for required permit conditions. This submittal makes
the following changes at paragraph J.: (1) Renumbers former subsection
II.C. to II.J. and modifies the title to reflect that the subsection
applies to all permit types; (2) requires sources to submit reports as
specified in applicable permits, laws, regulations, or standards; (3)
adds language to assert that a source may be subject to enforcement if
it fails to construct in accordance with the application and any issued
construction permit, or constructs without applying for approval; (4)
adds language to clarify the time period over which construction
permits are valid; (5) renumbers paragraph G.4. to paragraph J.2. and
modifies the title to clarify that what follows are special permit
conditions; (6) adds language stating that SC DHEC will require special
permit conditions as it finds appropriate, such as operational limits
or reporting and recordkeeping requirements; (7) removes former
subparagraph G.4.g., which states conditions to limit PTE must be
federally enforceable, because the State otherwise imposes this
requirement for synthetic minor construction permits at subparagraph
E.3. and conditional major operating permits at subparagraph G.5.; and
(8) makes administrative language changes throughout subsection II.J.
One change made to subparagraph J.1.d., formerly C.4., in the
October 1, 2007, submittal regards when emissions reports need to be
made. In the place of a specific quarterly timeframe, the change
directs sources to comply with reporting requirements derived from
applicable permit requirements, laws and regulations, or standards.
There are no specific reporting requirements for
[[Page 39089]]
minor sources specified in federal regulations at 40 CFR 51.160-164, so
these reporting schedules can be developed as SC DHEC deems
necessary.\8\ Moreover, subparagraph J.1.a. states that ``[n]o
applicable law, regulation or standard will be contravened.'' Thus, if
there is a prescriptive state or federal requirement for reporting of
emissions that applies to any of these minor sources, the permits will
set the necessary reporting schedule accordingly. Therefore, EPA has
determined that this change does not interfere with attainment or
maintenance of the NAAQS, reasonable further progress, or any other
applicable CAA requirements.
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\8\ 40 CFR 70.6 generally requires semiannual emissions and
compliance reporting.
---------------------------------------------------------------------------
The July 18, 2011, submittal makes further revisions to subsection
II.J., including: (1) Adding language stating that false information or
misrepresentation in a permit application is grounds for permit
revocation; (2) adding language stating that the issued construction or
operating permit must be kept at the facility and that records must be
kept as prescribed on site for at least five years; and (3) making
administrative and clarifying edits. The August 8, 2014, submittal
makes additional administrative changes.
EPA has reviewed the changes to standard and special permit
requirements for the minor source construction and operating permit
program and is proposing to approve them into the SIP pursuant to CAA
section 110(a)(2)(C) and 110(l).
12. Section II.K.--``Exceptions''
Regulation 61-62.1, Section II.K.--``Exceptions'' sets forth
factors that SC DHEC shall consider in determining whether to impose
alternative emissions limits, compliance schedules, or other
restrictions. The October 1, 2007, submittal makes non-substantive
changes to this subsection, including renumbering this existing
subsection from II.D. to II.K., and making administrative language
changes. EPA is therefore proposing to approve the aforementioned
changes into the SIP pursuant to CAA sections 110(a)(2)(C) and 110(l).
13. Section II.M.--``Transfer of Ownership/Operation''
Regulation 61-62.1, Section II.M.--``Transfer of Ownership/
Operation'' specifies procedures for owners or operators of sources to
undertake if the ownership or operation is transferred to another
party. The October 1, 2007, submittal makes minor changes to this
regulation to renumber existing subsection II.E. to subsection II.M.
and to add more specific requirements for the written request to
transfer ownership or operation of a source. The August 8, 2014,
submittal makes only administrative changes to language in this
subsection.
EPA has reviewed the changes to this existing portion of the minor
source permitting regulations and is proposing to approve the
aforementioned changes into the SIP pursuant to CAA section
110(a)(2)(C) and 110(l).
14. Section II.N.--``Public Participation Procedures''
Regulation 61-62.1, Section II.N.--``Public Participation
Procedures,'' specifies the public participation requirements for
sources applying for and obtaining federally enforceable minor source
construction and operating permits. The October 1, 2007, submittal
makes several changes to subsection N. as follows: (1) Renumbers
existing paragraph G.5. to create a standalone paragraph for public
participation and clarify that these procedures can apply to other
types of permit requests rather than only conditional major source
operating permits; (2) adds language providing SC DHEC with discretion
to require notice of permitting activity, even when not otherwise
required by the State's regulations; (3) adds language stating that SC
DHEC can use means other than publishing in newspapers, the State
Register, and mailing lists to notify the public of minor source
permitting; and (5) makes administrative language edits for
consistency.
The July 18, 2011, submittal makes one clarifying edit to reflect
that an approved construction permit is required prior to the
commencement of construction. The August 8, 2014, submittal makes
administrative and clarifying edits to subsection II.N., including: (1)
Adding language to subparagraph N.1. to identify the SC DHEC Web site
as another method of notifying the public of permitting activity; (2)
reformatting and revising paragraph N.2. to list the required elements
of the public notice; (3) revising language to identify how SC DHEC
will address and record comments, and broadening the SC DHEC procedures
to note that the State will respond to all comments rather than only
those received in writing or at the public hearing; (4) removing
language requiring SC DEHC to respond to all comments in writing; and
(5) making administrative edits.
The changes in the October 1, 2007, submittal to allow for other
methods of public notice, and in the August 8, 2014, submittal to
explicitly list the SC DHEC Web site as a possible method of public
notice are consistent with the minor source permitting regulations at
40 CFR 51.161. EPA has existing policy asserting that the public notice
requirement for minor source permitting activities at 40 CFR
51.161(b)(3) is media-neutral, meaning that the public notice
requirement can be met as long as the State interprets the method to be
``prominent advertising.'' \9\ SC DHEC can therefore make use of its
Web site, mailing lists, and other methods in lieu of publication in a
newspaper. The provisions at subsection II.N. pertain only to minor
sources, and any major source public notice requirements are contained
in the major source PSD, NNSR, and title V regulations.\10\
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\9\ McCabe, Janet, ``Minor New Source Review Program Public
Notice Requirements under 40 CFR 51.161(b)(3),'' Memorandum to
Regional Administrators, Office of Air and Radiation, Washington, DC
(April 17, 2012).
\10\ EPA published a final rule on October 18, 2016 (81 FR
71613) amending the public notice requirements for major source
permitting programs to allow for other means of public notice,
including Web sites. This proposed rulemaking only deals with
changes to South Carolina's minor source permitting regulations.
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EPA has reviewed the public notice requirements and preliminarily
finds that the changes currently before the Agency are not inconsistent
with the CAA and EPA's implementing regulations, including the criteria
for approving FESOP programs. See 54 FR 27274 (June 28, 1989).
Therefore, EPA is proposing to approve the changes to the existing
public notice requirements for the minor NSR and FESOP programs,
pursuant to CAA section 110(a)(2)(C) and 40 CFR 51.160-164.
15. Section II.O.--``Inspection and Entry''
Regulation 61-62.1, Section II.O.--``Inspection and Entry,''
specifies requirements to allow SC DHEC officials to enter and inspect
facilities. South Carolina's July 18, 2011, submittal adds these
provisions to the minor source construction and operating permitting
program to allow for verification of adherence to permit conditions.
The August 8, 2014, submittal makes one additional administrative
change to the introductory language at subsection II.O. The ability for
SC DHEC to enter and inspect facilities enables the State to oversee
the minor source permitting program, including assisting in potential
enforcement actions. EPA is therefore proposing to approve this
subsection
[[Page 39090]]
and its updated provisions into the SIP, pursuant to CAA section
110(a)(2)(C).
IV. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference South Carolina Regulation 61-62.1, Section II--``Permit
Requirements,'' effective June 24, 2016,\11\ which revises the
federally enforceable minor source construction and operating permit
program. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and/or at the EPA
Region 4 office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
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\11\ See Section I and Section II.C. of this proposed rule for
additional detail.
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V. Proposed Action
EPA is proposing to approve portions of revisions to the South
Carolina SIP submitted by SC DHEC to EPA on October 1, 2007, July 18,
2011, June 17, 2013, August 8, 2014, January 20, 2016, and July 27,
2016. Specifically, EPA is proposing to approve the changes to S.C.
Code Ann. Regs. 61-62.1, Section II--``Permit Requirements,'' as
discussed above, pursuant to CAA section 110(a)(2)(C), section 110(l),
and 40 CFR 51.160--164.
VI. 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
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 mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 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 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, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 7, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-17345 Filed 8-16-17; 8:45 am]
BILLING CODE 6560-50-P