Air Plan Approval; South Carolina; Update to Materials Incorporated by Reference, 14591-14597 [2018-06796]
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Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations
Governments, because it will impact
vessel traffic in the West Duwamish
Waterway. The Coast Guard consulted
with the Muckleshoot tribe on the
NPRM that preceded this rule. In order
to reach an agreeable timeframe that
avoids impacts to treaty fishing
activities, the Coast Guard will
communicate with the Muckleshoot
tribe and Vigor Industrial once it
receives notification from Vigor
Industrial concerning drydock
movements that require the enforcement
of the safety zone. If agreement is not
reached, the Coast Guard, as a Federal
trustee, will conduct consultation with
the Muckleshoot tribe to ensure Vigor
movements will avoid Treaty impacts.
If you believe this rule has additional
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
■
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone to ensure
the safety of the maritime public. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.1340 to read as follows:
§ 165.1340 Safety Zone; Vigor Industrial
Drydock Movement, West Duwamish
Waterway; Seattle, WA.
(a) Location. The following area is a
safety zone: All waters of the West
Duwamish Waterway in Seattle, WA
encompassed within the area created by
connecting the following points:
47°35′04″ N, 122°21′30″ W thence
westerly to 47°35′04″ N, 122°21′50″ W
thence northerly to 47°35′19″ N,
122°21′50″ W thence easterly to
47°35′19″ N, 122°21′30″ W thence
southerly to 47°35′04″ N, 122°21′30″ W.
(b) Regulations. (1) In accordance
with the general regulations in subpart
C of this part, when a notice of
enforcement has been issued, no person
may enter or remain in the safety zone
created by this section unless
authorized by the Captain of the Port or
a Designated Representative. See
subpart C of this part for additional
safety zone information and
requirements. Vessel operators wishing
to enter the zone during the
enforcement period must request
permission for entry by contacting the
Joint Harbor Operation Center at 206–
217–6001 or the Vessel Traffic Service
Puget Sound on VHF channel 14.
(2) In order to reach an agreeable
timeframe that avoids impacts to treaty
fishing activities, the Coast Guard will
communicate with the Muckleshoot
Tribe and Vigor Industrial once it
receives notification from Vigor
Industrial concerning drydock
movements that require the enforcement
of the safety zone. If agreement is not
reached, the Coast Guard, as a federal
trustee, will conduct consultation with
the Muckleshoot Tribe to ensure Vigor
movements will avoid Treaty impacts.
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14591
(c) Enforcement periods. The safety
zone described in paragraph (a) of this
section will be enforced by the Captain
of the Port only upon notice. Notice of
enforcement by the Captain of the Port
will be provided prior to execution of
the drydock movement by all
appropriate means, in accordance with
§ 165.7(a). Such means will include
issuance of a notice of enforcement to be
published in the Federal Register, Local
Notice to Mariners, and Special Marine
Information Broadcast.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the
Port Puget Sound.
[FR Doc. 2018–06924 Filed 4–4–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[SC–2017; FRL–9974–17—Region 4]
Air Plan Approval; South Carolina;
Update to Materials Incorporated by
Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notification of
administrative change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the South Carolina state
implementation plan (SIP). The
regulations affected by this update have
been previously submitted by South
Carolina and approved by EPA. This
update affects the materials that are
available for public inspection at the
National Archives and Records
Administration (NARA) and the EPA
Regional Office.
DATES: This action is effective April 5,
2018.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303; and the
National Archives and Records
Administration. For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html. To view the
materials at the Region 4 Office, EPA
requests that you email the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
SUMMARY:
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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. Lakeman can
be reached via telephone at (404) 562–
9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
Each state must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the proposed SIP revisions
to EPA. Once these control measures
and strategies are approved by EPA, and
after notice and comment, they are
incorporated into the federallyapproved SIP and are identified in part
52—‘‘Approval and Promulgation of
Implementation Plans,’’ title 40 of the
Code of Federal Regulations (40 CFR
part 52). The full text of the state
regulation approved by EPA is not
reproduced in its entirety in 40 CFR part
52, but is ‘‘incorporated by reference.’’
This means that EPA has approved a
given state regulation with a specific
effective date. The public is referred to
the location of the full text version
should they want to know which
measures are contained in a given SIP.
The information provided allows EPA
and the public to monitor the extent to
which a state implements a SIP to attain
and maintain the NAAQS and to take
enforcement action if necessary.
The SIP is a living document which
the state can revise as necessary to
address the unique air pollution
problems in the state. Therefore, EPA
from time to time must take action on
proposed revisions containing new and/
or revised state regulations. A
submission from a state can revise one
or more rules in their entirety or
portions of rules, or even change a
single word. The state indicates the
changes in the submission (such as, by
using redline/strikethrough) and EPA
then takes action on the requested
changes. EPA establishes a docket for its
actions using a unique Docket
Identification Number, which is listed
in each action. These dockets and the
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complete submission are available for
viewing on www.regulations.gov.
On May 22, 1997 (62 FR 27968), EPA
revised the procedures for incorporating
by reference, into the Code of Federal
Regulations, materials approved by EPA
into each state SIP. These changes
revised the format for the identification
of the SIP in 40 CFR part 52,
streamlined the mechanisms for
announcing EPA approval of revisions
to a SIP, and streamlined the
mechanisms for EPA’s updating of the
IBR information contained for each SIP
in 40 CFR part 52. The revised
procedures also called for EPA to
maintain ‘‘SIP Compilations’’ that
contain the federally-approved
regulations and source specific permits
submitted by each state agency. These
SIP Compilations are contained in 3ring binders and are updated primarily
on an annual basis. Under the revised
procedures, EPA must periodically
publish an informational document in
the rules section of the Federal Register
notifying the public that updates have
been made to a SIP Compilation for a
particular state. EPA applied the 1997
revised procedures to South Carolina on
July 1, 1997 (62 FR 35441).
II. EPA Action
This action represents EPA’s
publication of the South Carolina SIP
Compilation update, appearing in 40
CFR part 52: specifically, the materials
in paragraph (c) and (d) at 40 CFR
52.2120. In addition, notice is provided
of the following corrections to the table
in paragraph (C) of § 52.2120, as
described below:
A. Reformatting the Table by
combining the ‘‘EPA approval date’’ and
‘‘Federal Register notice’’ columns and
adding a new column titled
‘‘Explanation’’.
B. Correcting typographical errors,
state effective dates, EPA approval dates
and Federal Register citations listed in
the table in paragraph (c), as described
below:
1. Under the ‘‘State effective date’’
and ‘‘EPA approval date’’ the 2-digit
year was changed to reflect a 4-digit
year (for consistency) and numerous
Federal Register citations were
corrected to reflect the first page of the
preamble opposed to the regulatory text
page.
2. Under Regulation No. 62.1,
‘‘Section IV’’ the State effective date was
revised to read ‘‘6/27/2014’’ and EPA
approval date was revised to read ‘‘8/21/
2017, 82 FR 39537.’’
3. Under Regulation No. 62.1,
‘‘Section IV’’ the State effective date was
revised to read ‘‘6/27/2014’’ and EPA
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approval date was revised to read ‘‘8/21/
2017, 82 FR 39537.’’
4. Under Regulation No. 62.5,
Standard No. 1, ‘‘Section VII’’ the entry
was removed from the table because the
rule was repealed.
5. Under Regulation No. 62.5,
Standard No. 4, ‘‘Section II’’ the State
effective date was revised to read ‘‘4/22/
1988’’ and EPA approval date was
revised to read ‘‘10/3/1989, 54 FR
40659.’’
5. Under Regulation No. 62.5,
Standard No. 4, ‘‘Section XIII’’ the entry
was removed from the table because the
rule was repealed.
6. Under Regulation No. 62.5,
Standard No. 5, ‘‘Section I’’ the State
effective date was revised to read ‘‘4/26/
2013’’ and EPA approval date was
revised to read ‘‘8/16/2017, 82 FR
38825.’’
7. Under Regulation No. 62.5,
Standard No. 5, Section I, ‘‘Part A’’ the
State effective date was revised to read
‘‘4/26/2013’’ and EPA approval date was
revised to read ‘‘8/16/2017, 82 FR
38825.’’
8. Under Regulation No. 62.5,
Standard No. 5, Section I, ‘‘Part G’’ the
State effective date was revised to read
‘‘4/26/2013’’ and EPA approval date was
revised to read ‘‘8/16/2017, 82 FR
38825.’’
9. Under Regulation No. 62.5,
Standard No. 5, Section II, ‘‘Part A’’ the
entry was reinserted after inadvertently
being removed, and the State effective
date was revised to read ‘‘11/27/2015’’
and EPA approval date was revised to
read ‘‘8/16/2017, 82 FR 38825.’’
10. Under Regulation No. 62.5,
Standard No. 5, Section II, ‘‘Part B’’ the
State effective date was revised to read
‘‘11/27/2015’’ and EPA approval date
was revised to read ‘‘8/16/2017, 82 FR
38825.’’
11. Under Regulation No. 62.5,
Standard No. 5, Section II, ‘‘Part I’’ the
entry was removed from the table
because the rule was reserved and was
never approved into the SIP.
12. Under Regulation No. 62.5,
Standard No. 5, Section II, ‘‘Part J’’ the
entry was removed from the table
because the rule was reserved and was
never approved into the SIP.
13. Under Regulation No. 62.5,
Standard No. 5, Section II, ‘‘Part K’’ the
entry was removed from the table
because the rule was reserved and was
never approved into the SIP.
14. Under Regulation No. 62.5,
Standard No. 5, Section II, ‘‘Part L’’ the
entry was removed from the table
because the rule was reserved and was
never approved into the SIP.
15. Under Regulation No. 62.5,
Standard No. 5, Section II, ‘‘Part M’’ the
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entry was removed from the table
because the rule was reserved and was
never approved into the SIP.
16. Under Regulation No. 62.5,
Standard No. 5, Section II, ‘‘Part Q’’ the
State effective date was revised to read
‘‘4/26/2013’’ and EPA approval date was
revised to read ‘‘8/16/2017, 82 FR
38825.’’
17. Under Regulation No. 62.5,
‘‘Standard No. 6’’ and subentries for
‘‘Sections I—III’’ the entries were
removed from the table because they
had previously been disapproved and
the original approval rescinded from the
SIP. See 60 FR 12700 (March 8, 1995).
Additionally, EPA inadvertently added
these sections back to the table when
administrative edits were included
alongside a SIP revision. See 67 FR
30594 (May 7, 2002).
18. Under Regulation No. 62.5,
Standard No. 7.1, ‘‘Section I’’ entry was
removed from the table because it had
previously been consolidated into
Regulation No. 62.5, Standard No. 7.
See 67 FR 30594 (May 7, 2002).
19. Under Regulation No. 62.5,
Standard No. 7.1, ‘‘Section II’’ entry was
removed from the table because it had
previously been consolidated into
Regulation No. 62.5, Standard No. 7.
See 67 FR 30594 (May 7, 2002).
20. Under Regulation No. 62.5,
Standard No. 7.1, ‘‘Section III’’ entry
was removed from the table because it
had previously been consolidated into
Regulation No. 62.5, Standard No. 7.
See 67 FR 30594 (May 7, 2002).
21. Under Regulation No. 62.5,
Standard No. 7.1, ‘‘Section IV’’ entry
was removed from the table because it
had previously been consolidated into
Regulation No. 62.5, Standard No. 7.
See 67 FR 30594 (May 7, 2002).
22. Footnote 1 was removed and
inserted in the explanation column
under Regulation No. 62.5, Standard
No. 7 and Standard No. 7.1.
III. Good Cause Exemption
EPA has determined that this action
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make an action effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). This administrative action
simply codifies provisions which are
already in effect as a matter of law in
Federal and approved state programs
and corrects typographical errors
appearing in the CFR. Under section
553(b)(3)(B) of the APA, an agency may
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find good cause where procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Public comment
for this administrative action is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
(and typographical corrections) only
reflect existing law. Immediate notice of
this action in the Federal Register
benefits the public by providing the
public notice of the updated South
Carolina SIP Compilation and notice of
typographical corrections to the South
Carolina ‘‘Identification of Plan’’ portion
of the Federal Register. Further,
pursuant to section 553(d)(3), making
this action immediately effective
benefits the public by immediately
updating both the SIP compilation and
the CFR ‘‘Identification of plan’’ section
(which includes table entry corrections).
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of previously EPAapproved regulations promulgated by
South Carolina and federally effective
prior to October 1, 2017. EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and 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. 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 notice of
administrative change does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
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under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this notice of
administrative change for the state of
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 South
Carolina portion of the bi-state Charlotte
Area. 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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
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is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
EPA also believes that the provisions
of section 307(b)(1) of the CAA
pertaining to petitions for judicial
review are not applicable to this action.
This is because prior EPA rulemaking
actions for each individual component
of the South Carolina SIP compilations
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, EPA believes
judicial review of this action under
section 307(b)(1) of the CAA is not
available.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 26, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart PP—South Carolina
2. Section 52.2120 is amended by
revising paragraphs (b), (c), and (d) to
read as follows:
■
§ 52.2120
Identification of plan.
*
*
*
*
*
(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to October 1, 2017 was
approved for incorporation by reference
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated
as it exists on the date of the approval,
and notice of any change in the material
will be published in the Federal
Register. Entries in paragraphs (c) and
(d) of this section with EPA approval
dates after October 1, 2017 will be
incorporated by reference in the next
update to the SIP compilation.
(2) EPA Region 4 certifies that the
rules/regulations provided by EPA in
the SIP compilation at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated State rules/regulations
which have been approved as part of the
State Implementation Plan as of the
dates referenced in paragraph (b)(1) of
this section.
(3) Copies of the materials
incorporated by reference may be
inspected at the Region 4 EPA Office at
61 Forsyth Street SW, Atlanta, GA
30303. To obtain the material, please
call (404) 562–9022. You may inspect
the material with an EPA approval date
prior to October 1, 2017, for South
Carolina at the National Archives and
Records Administration. For
information on the availability of this
material at NARA go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) EPA Approved South Carolina
Regulations.
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State
effective
date
Title/subject
Regulation No. 62.1 .......
Definitions and General Requirements ............
6/26/1998
Section I .........................
Section II ........................
Section III .......................
Definitions .........................................................
Permit Requirements ........................................
Emission Inventory and Emissions Statement
11/26/2010
6/24/2005
9/23/2016
Section IV ......................
Source Tests ....................................................
6/27/2014
Section V .......................
Credible Evidence ............................................
6/27/2014
Regulation No. 62.2 .......
Prohibition of Open Burning .............................
6/25/2004
Regulation No. 62.3 .......
Section I .........................
Air Pollution Episodes.
Episode Criteria ................................................
4/26/2013
Section II ........................
Emission Reduction Requirements ..................
4/22/1988
Regulation No. 62.4 .......
Regulation No. 62.5 .......
Standard No. 1 ..............
Section I .........................
Section II ........................
Hazardous Air Pollution Conditions .................
Air Pollution Control Standards.
Emissions from Fuel Burning Operations.
Visible Emissions .............................................
Particulate Matter Emissions ............................
12/20/1978
Section III .......................
Sulfur Dioxide Emissions .................................
3/3/1983
Section IV ......................
Section V .......................
Opacity Monitoring Requirements ....................
Exemptions .......................................................
4/22/1988
5/24/1985
Section VI ......................
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State citation
Periodic Testing ................................................
6/26/1998
Standard No. 2 ..............
Ambient Air Quality Standards .........................
9/23/2016
Standard No. 4 ..............
Section I .........................
Section II ........................
Emissions From Process Industries.
General .............................................................
Sulfuric Acid Manufacturing .............................
2/28/1986
4/22/1988
Section III .......................
Kraft Pulp and Paper Manufacturing Plants ....
4/22/1988
Section IV ......................
Portland Cement Manufacturing ......................
2/28/1986
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4/22/1988
Fmt 4700
EPA approval date
Explanation
8/10/2004, 69 FR
48395.
4/3/2013, 78 FR 19997.
6/2/2008, 73 FR 31369.
5/31/2017, 82 FR
24853.
8/21/2017, 82 FR
39537.
8/21/2017, 82 FR
39537.
8/26/2005, 70 FR
50195.
8/21/2017, 82 FR
39541.
10/3/1989, 54 FR
40659.
1/29/1980, 45 FR 6572.
5/7/2002, 67 FR 30594.
10/3/1989, 54 FR
40659.
10/29/1984, 49 FR
43469.
7/2/1990, 55 FR 27226.
10/3/1989, 54 FR
40659.
8/10/2004, 69 FR
48395.
6/29/2017, 82 FR
29418.
2/17/1987,
10/3/1989,
40659.
10/3/1989,
40659.
2/17/1987,
Sfmt 4700
52 FR 4772.
54 FR
54 FR
52 FR 4772.
E:\FR\FM\05APR1.SGM
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AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA—Continued
State
effective
date
State citation
Title/subject
Section V .......................
Section VI ......................
Cotton Gins ......................................................
Hot Mix Asphalt Manufacturing ........................
10/26/2001
5/24/1985
Section
Section
Section
Section
Section
2/28/1986
10/26/2001
4/22/1988
4/22/1988
10/26/2001
Section XII .....................
Metal Refining ..................................................
Other Manufacturing .........................................
Visible Emissions .............................................
Non-Enclosed Operations ................................
Total Reduced Sulfur Emissions of Kraft Pulp
Mills.
Periodic Testing ................................................
Standard No. 5 ..............
Section I .........................
VII .....................
VIII ....................
IX ......................
X .......................
XI ......................
EPA approval date
5/7/2002, 67 FR 30594.
10/3/1989, 54 FR
40659.
2/17/1987, 52 FR 4772.
5/7/2002, 67 FR 30594.
7/2/1990, 55 FR 27226.
7/2/1990, 55 FR 27226.
5/7/2002, 67 FR 30594.
6/26/1998
8/10/2004, 69 FR
48395.
Volatile Organic Compounds.
General Provisions ...........................................
4/26/2013
Part A .............................
Definitions .........................................................
4/26/2013
Part B .............................
Part C ............................
10/26/2001
10/26/2001
Part F .............................
Part G ............................
General Applicability .........................................
Alternatives and Exceptions to Control Requirements.
Compliance Schedules .....................................
Volatile Organic Compound Compliance Testing.
Recordkeeping, Reporting, Monitoring .............
Equivalency Calculations .................................
8/16/2017, 82 FR
38825.
8/16/2017, 82 FR
38825.
5/7/2002, 67 FR 30594.
5/7/2002, 67 FR 30594.
Section II ........................
Part A .............................
Provisions for Specific Sources.
Surface Coating of Cans ..................................
11/27/2015
Part B .............................
Surface Coating of Coils ..................................
11/27/2015
Part C ............................
Part D ............................
8/24/1990
8/24/1990
10/26/2001
10/26/2001
5/7/2002, 67 FR 30594.
5/7/2002, 67 FR 30594.
Part G ............................
Surface Coating of Paper, Vinyl, and Fabric ...
Surface Coating of Metal Furniture and Large
Appliances.
Surface Coating of Magnet Wire ......................
Surface Coating of Miscellaneous Metal Parts
and Products.
Surface Coating of Flat Wood Paneling ..........
8/16/2017, 82 FR
38825.
8/16/2017, 82 FR
38825.
2/4/1992, 57 FR 4158.
2/4/1992, 57 FR 4158.
2/25/1983
Part H ............................
Graphic Arts—Rotogravure Flexography .........
2/25/1983
Part N ............................
Part O ............................
Solvent Metal Cleaning ....................................
Petroleum Liquid Storage in Fixed Roof Tanks
10/26/2001
2/25/1983
Part P .............................
2/25/1983
Part R ............................
Petroleum Liquid Storage in External Floating
Roof Tanks.
Manufacture of Synthesized Pharmaceutical
Products.
Manufacture of Pneumatic Rubber Tires .........
Part S .............................
Cutback Asphalt ...............................................
6/13/1979
Part T .............................
Bulk Gasoline Terminals and Vapor Collection
Systems.
Control of Oxides of Nitrogen (NOX) ................
2/25/1983
10/31/1983, 48 FR
50078.
10/31/1983, 48 FR
50078.
5/7/2002, 67 FR 30594.
10/31/1983, 48 FR
50078.
10/31/1983, 48 FR
50078.
8/16/2017, 82 FR
38825.
10/31/1983, 48 FR
50078.
12/16/1981, 46 FR
61268.
10/31/1983, 48 FR
50078.
8/26/2005, 70 FR
50195.
Part D ............................
Part E .............................
Part E .............................
Part F .............................
Part Q ............................
Standard No. 5.2 ...........
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10/26/2001
6/26/1998
10/26/2001
4/26/2013
4/26/2013
2/25/1983
6/25/2004
Fmt 4700
5/7/2002, 67 FR 30594.
8/10/2004, 69 FR
48395.
5/7/2002, 67 FR 30594.
8/16/2017, 82 FR
38825.
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05APR1
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Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA—Continued
State
effective
date
State citation
Title/subject
Standard No. 7 ..............
Prevention of Significant Deterioration .............
6/26/2015
8/10/2017, 82 FR
37299.
Standard No. 7.1 ...........
Nonattainment New Source Review ................
11/27/2015
8/10/2017, 82 FR
37299.
Regulation No. 62.6 .......
Control of Fugitive Particulate Matter ..............
5/24/1985
Section I .........................
11/27/2015
Section IV ......................
Control of Fugitive Particulate Matter in NonAttainment Areas.
Control of Fugitive Particulate Matter in Problem Areas.
Control of Fugitive Particulate Matter Statewide.
Effective Date ...................................................
Regulation No. 62.7 .......
Good Engineering Practice Stack Height ........
5/23/1986
Section I .........................
General .............................................................
5/23/1986
Section II ........................
Applicability .......................................................
5/23/1986
Section III .......................
Definitions and Conditions ...............................
5/23/1986
Section IV ......................
Public Participation ...........................................
5/23/1986
Regulation No. 62.96 .....
Nitrogen Oxides (NOX) and Sulfur Dioxide
(SO2) Budget Trading Program General
Provisions.
10/24/2008
10/3/1989, 54 FR
40659.
8/21/2017, 82 FR
39541.
10/3/1989, 54 FR
40659.
8/21/2017, 82 FR
39541.
10/3/1989, 54 FR
40659.
5/28/1987, 52 FR
19858.
5/28/1987, 52 FR
19858.
5/28/1987, 52 FR
19858.
5/28/1987, 52 FR
19858.
5/28/1987, 52 FR
19858.
10/16/2009, 74 FR
53167.
Section II ........................
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Section III .......................
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5/24/1985
12/27/2013
5/24/1985
Fmt 4700
EPA approval date
Sfmt 4700
E:\FR\FM\05APR1.SGM
Explanation
EPA did not take action on the version of
Regulation 61–62.5, Standard No. 7, paragraph (b)(32)(i)(a) state effective on December 27, 2013, included in a SIP revision
submitted by the State on April 10, 2014,
because this version contains changes to a
phrase regarding ethanol production facilities that is not in the SIP. South Carolina
submitted a SIP revision on April 14, 2009,
that includes the phrase ‘‘except ethanol
production facilities producing ethanol by
natural fermentation under the North American Industry Classification System (NAICS)
codes 325193 or 312140,’’ as amended in
the Ethanol Rule (May 1, 2007), at Standard
No.
7,
paragraphs
(b)(32)(i)(a),
(b)(32)(iii)(b)(t), and (i)1(vii)(t) and at Standard No. 7.1, paragraphs (c)7(C)(xx) and
(e)(T). EPA has not taken action to approve
that portion of the April 14, 2009, SIP revision and incorporate this phrase into the
SIP. The version of Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and
(i)1(vii)(t) and Standard No. 7.1, paragraphs
(c)(7)(C)(xx) and (e)(T) was state effective
on June 24, 2005 and conditionally approved by EPA on June 2, 2008, and were
fully approved on June 23, 2011.
EPA did not take action on the version of
Regulation 61–62.5, Standard No. 7, paragraph (b)(32)(i)(a) state effective on December 27, 2013, included in a SIP revision
submitted by the State on April 10, 2014,
because this version contains changes to a
phrase regarding ethanol production facilities that is not in the SIP. South Carolina
submitted a SIP revision on April 14, 2009,
that includes the phrase ‘‘except ethanol
production facilities producing ethanol by
natural fermentation under the North American Industry Classification System (NAICS)
codes 325193 or 312140,’’ as amended in
the Ethanol Rule (May 1, 2007), at Standard
No.
7,
paragraphs
(b)(32)(i)(a),
(b)(32)(iii)(b)(t), and (i)1(vii)(t) and at Standard No. 7.1, paragraphs (c)7(C)(xx) and
(e)(T). EPA has not taken action to approve
that portion of the April 14, 2009, SIP revision and incorporate this phrase into the
SIP. The version of Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and
(i)1(vii)(t) and Standard No. 7.1, paragraphs
(c)(7)(C)(xx) and (e)(T) was state effective
on June 24, 2005 and conditionally approved by EPA on June 2, 2008, and were
fully approved on June 23, 2011.
05APR1
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14597
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA—Continued
State
effective
date
State citation
Title/subject
Regulation No. 62.97 .....
Cross-State Air Pollution Rule (CSAPR) Trading Program.
Nitrogen Oxides (NOX) Budget Program Requirements for Stationary Sources Not in
the Trading Program.
Ethics Reform Act.
Definitions .........................................................
Use of official position or office for financial
gain; disclosure of potential conflict of interest.
Membership on or employment by regulatory
agency of person associated with regulated
business.
Regulation No. 62.99 .....
S.C. Code Ann. .............
Section 8–13–100(31) ...
Section 8–13–700(A)
and (B).
Section 8–13–730 ..........
8/25/2017
5/24/2002
EPA approval date
Explanation
10/13/2017, 82 FR
47939.
6/28/2002, 67 FR
43546.
1/1/1992
1/1/1992
8/1/2012, 77 FR 45492.
8/1/2012, 77 FR 45492.
1/1/1992
8/1/2012, 77 FR 45492.
(d) EPA-Approved State SourceSpecific Requirements.
EPA-APPROVED SOUTH CAROLINA STATE SOURCE-SPECIFIC REQUIREMENTS
Name of source
Transcontinental Gas
Pipeline Corporation
Station 140.
*
*
*
*
2060–0179–CD
*
[FR Doc. 2018–06796 Filed 4–4–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2017–0003; FRL–9976–40–
OAR]
Air Quality Designations for the 2010
Sulfur Dioxide (SO2) Primary National
Ambient Air Quality Standard—Round
3—Supplemental Amendment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is withdrawing the
designation of Unclassifiable for the
Citrus County, Florida, area that the
EPA originally promulgated on
December 21, 2017, and is establishing
a designation of Attainment/
Unclassifiable for that area as part of
promulgating initial air quality
designations for certain areas in the
United States (U.S.) for the 2010 sulfur
dioxide (SO2) primary National Ambient
Air Quality Standard (NAAQS). This
action supplements our December 2017
action, which together comprise the
third of four expected rounds of actions
to designate areas of the U.S. for the
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Permit No.
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Jkt 244001
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4/23/2009, 74 FR 18471
Comments
This permit is incorporated in fulfillment of the NOX
SIP Call Phase II requirements for South Carolina.
2010 SO2 NAAQS. This third round of
designations is based on application of
the EPA’s nationwide analytical
approach and technical analysis,
including evaluation of monitoring data
and air quality modeling, to determine
the appropriate designation based on
the weight of evidence for each area.
DATES: This final rule is effective on
April 9, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2017–0003. All
documents in the docket are listed in
the index at https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in the
docket or in hard copy at the Docket,
WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington,
DC 20004. The hours of operation at the
EPA Docket Center are 8:30 a.m.– 4:30
p.m., Monday–Friday. The telephone
number for the Public Reading Room is
(202) 566–1744. Air dispersion
modeling input and output files are too
large to post in the docket or on the
website and must be requested from the
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
EPA Docket Office or the Regional office
contacts listed in the FOR FURTHER
INFORMATION CONTACT section.
In addition, the EPA has established
a website for the initial SO2
designations rulemakings at: https://
www.epa.gov/sulfur-dioxidedesignations. The website includes the
EPA’s final SO2 designations, as well as
state and tribal recommendation letters,
the EPA’s modification letters, technical
support documents, responses to
comments and other related technical
information.
For
general questions concerning this
action, please contact Liz Etchells, U.S.
EPA, Office of Air Quality Planning and
Standards, Air Quality Policy Division,
C539–01, Research Triangle Park, NC
27709, telephone (919) 541–0253, email
at etchells.elizabeth@epa.gov. The
following EPA contacts can answer
questions regarding areas in a particular
EPA Regional office:
FOR FURTHER INFORMATION CONTACT:
U.S. EPA Regional Office Contact:
Region IV—Twunjala Bradley,
telephone (404) 562–9352, email at
bradley.twunjala@epa.gov.
The public may inspect the rule and
state-specific technical support
information at the following locations:
E:\FR\FM\05APR1.SGM
05APR1
]]>Agencies
[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Pages 14591-14597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06796]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SC-2017; FRL-9974-17--Region 4]
Air Plan Approval; South Carolina; Update to Materials
Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notification of administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the South
Carolina state implementation plan (SIP). The regulations affected by
this update have been previously submitted by South Carolina and
approved by EPA. This update affects the materials that are available
for public inspection at the National Archives and Records
Administration (NARA) and the EPA Regional Office.
DATES: This action is effective April 5, 2018.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, GA 30303; and the National Archives and Records
Administration. For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html. To view the materials at the Region 4
Office, EPA requests that you email the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
[[Page 14592]]
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. Lakeman can be reached via telephone at (404) 562-9043
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Each state has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to EPA. Once these control
measures and strategies are approved by EPA, and after notice and
comment, they are incorporated into the federally-approved SIP and are
identified in part 52--``Approval and Promulgation of Implementation
Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52).
The full text of the state regulation approved by EPA is not reproduced
in its entirety in 40 CFR part 52, but is ``incorporated by
reference.'' This means that EPA has approved a given state regulation
with a specific effective date. The public is referred to the location
of the full text version should they want to know which measures are
contained in a given SIP. The information provided allows EPA and the
public to monitor the extent to which a state implements a SIP to
attain and maintain the NAAQS and to take enforcement action if
necessary.
The SIP is a living document which the state can revise as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on proposed revisions
containing new and/or revised state regulations. A submission from a
state can revise one or more rules in their entirety or portions of
rules, or even change a single word. The state indicates the changes in
the submission (such as, by using redline/strikethrough) and EPA then
takes action on the requested changes. EPA establishes a docket for its
actions using a unique Docket Identification Number, which is listed in
each action. These dockets and the complete submission are available
for viewing on www.regulations.gov.
On May 22, 1997 (62 FR 27968), EPA revised the procedures for
incorporating by reference, into the Code of Federal Regulations,
materials approved by EPA into each state SIP. These changes revised
the format for the identification of the SIP in 40 CFR part 52,
streamlined the mechanisms for announcing EPA approval of revisions to
a SIP, and streamlined the mechanisms for EPA's updating of the IBR
information contained for each SIP in 40 CFR part 52. The revised
procedures also called for EPA to maintain ``SIP Compilations'' that
contain the federally-approved regulations and source specific permits
submitted by each state agency. These SIP Compilations are contained in
3-ring binders and are updated primarily on an annual basis. Under the
revised procedures, EPA must periodically publish an informational
document in the rules section of the Federal Register notifying the
public that updates have been made to a SIP Compilation for a
particular state. EPA applied the 1997 revised procedures to South
Carolina on July 1, 1997 (62 FR 35441).
II. EPA Action
This action represents EPA's publication of the South Carolina SIP
Compilation update, appearing in 40 CFR part 52: specifically, the
materials in paragraph (c) and (d) at 40 CFR 52.2120. In addition,
notice is provided of the following corrections to the table in
paragraph (C) of Sec. 52.2120, as described below:
A. Reformatting the Table by combining the ``EPA approval date''
and ``Federal Register notice'' columns and adding a new column titled
``Explanation''.
B. Correcting typographical errors, state effective dates, EPA
approval dates and Federal Register citations listed in the table in
paragraph (c), as described below:
1. Under the ``State effective date'' and ``EPA approval date'' the
2-digit year was changed to reflect a 4-digit year (for consistency)
and numerous Federal Register citations were corrected to reflect the
first page of the preamble opposed to the regulatory text page.
2. Under Regulation No. 62.1, ``Section IV'' the State effective
date was revised to read ``6/27/2014'' and EPA approval date was
revised to read ``8/21/2017, 82 FR 39537.''
3. Under Regulation No. 62.1, ``Section IV'' the State effective
date was revised to read ``6/27/2014'' and EPA approval date was
revised to read ``8/21/2017, 82 FR 39537.''
4. Under Regulation No. 62.5, Standard No. 1, ``Section VII'' the
entry was removed from the table because the rule was repealed.
5. Under Regulation No. 62.5, Standard No. 4, ``Section II'' the
State effective date was revised to read ``4/22/1988'' and EPA approval
date was revised to read ``10/3/1989, 54 FR 40659.''
5. Under Regulation No. 62.5, Standard No. 4, ``Section XIII'' the
entry was removed from the table because the rule was repealed.
6. Under Regulation No. 62.5, Standard No. 5, ``Section I'' the
State effective date was revised to read ``4/26/2013'' and EPA approval
date was revised to read ``8/16/2017, 82 FR 38825.''
7. Under Regulation No. 62.5, Standard No. 5, Section I, ``Part A''
the State effective date was revised to read ``4/26/2013'' and EPA
approval date was revised to read ``8/16/2017, 82 FR 38825.''
8. Under Regulation No. 62.5, Standard No. 5, Section I, ``Part G''
the State effective date was revised to read ``4/26/2013'' and EPA
approval date was revised to read ``8/16/2017, 82 FR 38825.''
9. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
A'' the entry was reinserted after inadvertently being removed, and the
State effective date was revised to read ``11/27/2015'' and EPA
approval date was revised to read ``8/16/2017, 82 FR 38825.''
10. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
B'' the State effective date was revised to read ``11/27/2015'' and EPA
approval date was revised to read ``8/16/2017, 82 FR 38825.''
11. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
I'' the entry was removed from the table because the rule was reserved
and was never approved into the SIP.
12. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
J'' the entry was removed from the table because the rule was reserved
and was never approved into the SIP.
13. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
K'' the entry was removed from the table because the rule was reserved
and was never approved into the SIP.
14. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
L'' the entry was removed from the table because the rule was reserved
and was never approved into the SIP.
15. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
M'' the
[[Page 14593]]
entry was removed from the table because the rule was reserved and was
never approved into the SIP.
16. Under Regulation No. 62.5, Standard No. 5, Section II, ``Part
Q'' the State effective date was revised to read ``4/26/2013'' and EPA
approval date was revised to read ``8/16/2017, 82 FR 38825.''
17. Under Regulation No. 62.5, ``Standard No. 6'' and subentries
for ``Sections I--III'' the entries were removed from the table because
they had previously been disapproved and the original approval
rescinded from the SIP. See 60 FR 12700 (March 8, 1995). Additionally,
EPA inadvertently added these sections back to the table when
administrative edits were included alongside a SIP revision. See 67 FR
30594 (May 7, 2002).
18. Under Regulation No. 62.5, Standard No. 7.1, ``Section I''
entry was removed from the table because it had previously been
consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594
(May 7, 2002).
19. Under Regulation No. 62.5, Standard No. 7.1, ``Section II''
entry was removed from the table because it had previously been
consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594
(May 7, 2002).
20. Under Regulation No. 62.5, Standard No. 7.1, ``Section III''
entry was removed from the table because it had previously been
consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594
(May 7, 2002).
21. Under Regulation No. 62.5, Standard No. 7.1, ``Section IV''
entry was removed from the table because it had previously been
consolidated into Regulation No. 62.5, Standard No. 7. See 67 FR 30594
(May 7, 2002).
22. Footnote 1 was removed and inserted in the explanation column
under Regulation No. 62.5, Standard No. 7 and Standard No. 7.1.
III. Good Cause Exemption
EPA has determined that this action falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedure Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make an action effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
administrative action simply codifies provisions which are already in
effect as a matter of law in Federal and approved state programs and
corrects typographical errors appearing in the CFR. Under section
553(b)(3)(B) of the APA, an agency may find good cause where procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
Public comment for this administrative action is ``unnecessary'' and
``contrary to the public interest'' since the codification (and
typographical corrections) only reflect existing law. Immediate notice
of this action in the Federal Register benefits the public by providing
the public notice of the updated South Carolina SIP Compilation and
notice of typographical corrections to the South Carolina
``Identification of Plan'' portion of the Federal Register. Further,
pursuant to section 553(d)(3), making this action immediately effective
benefits the public by immediately updating both the SIP compilation
and the CFR ``Identification of plan'' section (which includes table
entry corrections).
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of previously
EPA-approved regulations promulgated by South Carolina and federally
effective prior to October 1, 2017. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and 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. 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
notice of administrative change does not impose additional requirements
beyond those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this notice of administrative change for the state of
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 South Carolina portion
of the bi-state Charlotte Area. 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it
[[Page 14594]]
is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
EPA also believes that the provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial review are not applicable to
this action. This is because prior EPA rulemaking actions for each
individual component of the South Carolina SIP compilations previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, EPA
believes judicial review of this action under section 307(b)(1) of the
CAA is not available.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 26, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PP--South Carolina
0
2. Section 52.2120 is amended by revising paragraphs (b), (c), and (d)
to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to October
1, 2017 was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section
with EPA approval dates after October 1, 2017 will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1) of
this section.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta,
GA 30303. To obtain the material, please call (404) 562-9022. You may
inspect the material with an EPA approval date prior to October 1,
2017, for South Carolina at the National Archives and Records
Administration. For information on the availability of this material at
NARA go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA Approved South Carolina Regulations.
Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Regulation No. 62.1........... Definitions and 6/26/1998 8/10/2004, 69 FR
General Requirements. 48395.
Section I..................... Definitions........... 11/26/2010 4/3/2013, 78 FR
19997.
Section II.................... Permit Requirements... 6/24/2005 6/2/2008, 73 FR
31369.
Section III................... Emission Inventory and 9/23/2016 5/31/2017, 82 FR
Emissions Statement. 24853.
Section IV.................... Source Tests.......... 6/27/2014 8/21/2017, 82 FR
39537.
Section V..................... Credible Evidence..... 6/27/2014 8/21/2017, 82 FR
39537.
Regulation No. 62.2........... Prohibition of Open 6/25/2004 8/26/2005, 70 FR
Burning. 50195.
Regulation No. 62.3........... Air Pollution Episodes
Section I..................... Episode Criteria...... 4/26/2013 8/21/2017, 82 FR
39541.
Section II.................... Emission Reduction 4/22/1988 10/3/1989, 54 FR
Requirements. 40659.
Regulation No. 62.4........... Hazardous Air 12/20/1978 1/29/1980, 45 FR
Pollution Conditions. 6572.
Regulation No. 62.5........... Air Pollution Control
Standards.
Standard No. 1................ Emissions from Fuel
Burning Operations.
Section I..................... Visible Emissions..... 10/26/2001 5/7/2002, 67 FR
30594.
Section II.................... Particulate Matter 4/22/1988 10/3/1989, 54 FR
Emissions. 40659.
Section III................... Sulfur Dioxide 3/3/1983 10/29/1984, 49 FR
Emissions. 43469.
Section IV.................... Opacity Monitoring 4/22/1988 7/2/1990, 55 FR
Requirements. 27226.
Section V..................... Exemptions............ 5/24/1985 10/3/1989, 54 FR
40659.
Section VI.................... Periodic Testing...... 6/26/1998 8/10/2004, 69 FR
48395.
Standard No. 2................ Ambient Air Quality 9/23/2016 6/29/2017, 82 FR
Standards. 29418.
Standard No. 4................ Emissions From Process
Industries.
Section I..................... General............... 2/28/1986 2/17/1987, 52 FR
4772.
Section II.................... Sulfuric Acid 4/22/1988 10/3/1989, 54 FR
Manufacturing. 40659.
Section III................... Kraft Pulp and Paper 4/22/1988 10/3/1989, 54 FR
Manufacturing Plants. 40659.
Section IV.................... Portland Cement 2/28/1986 2/17/1987, 52 FR
Manufacturing. 4772.
[[Page 14595]]
Section V..................... Cotton Gins........... 10/26/2001 5/7/2002, 67 FR
30594.
Section VI.................... Hot Mix Asphalt 5/24/1985 10/3/1989, 54 FR
Manufacturing. 40659.
Section VII................... Metal Refining........ 2/28/1986 2/17/1987, 52 FR
4772.
Section VIII.................. Other Manufacturing... 10/26/2001 5/7/2002, 67 FR
30594.
Section IX.................... Visible Emissions..... 4/22/1988 7/2/1990, 55 FR
27226.
Section X..................... Non-Enclosed 4/22/1988 7/2/1990, 55 FR
Operations. 27226.
Section XI.................... Total Reduced Sulfur 10/26/2001 5/7/2002, 67 FR
Emissions of Kraft 30594.
Pulp Mills.
Section XII................... Periodic Testing...... 6/26/1998 8/10/2004, 69 FR
48395.
Standard No. 5................ Volatile Organic
Compounds.
Section I..................... General Provisions.... 4/26/2013 8/16/2017, 82 FR
38825.
Part A........................ Definitions........... 4/26/2013 8/16/2017, 82 FR
38825.
Part B........................ General Applicability. 10/26/2001 5/7/2002, 67 FR
30594.
Part C........................ Alternatives and 10/26/2001 5/7/2002, 67 FR
Exceptions to Control 30594.
Requirements.
Part D........................ Compliance Schedules.. 10/26/2001 5/7/2002, 67 FR
30594.
Part E........................ Volatile Organic 6/26/1998 8/10/2004, 69 FR
Compound Compliance 48395.
Testing.
Part F........................ Recordkeeping, 10/26/2001 5/7/2002, 67 FR
Reporting, Monitoring. 30594.
Part G........................ Equivalency 4/26/2013 8/16/2017, 82 FR
Calculations. 38825.
Section II.................... Provisions for
Specific Sources.
Part A........................ Surface Coating of 11/27/2015 8/16/2017, 82 FR
Cans. 38825.
Part B........................ Surface Coating of 11/27/2015 8/16/2017, 82 FR
Coils. 38825.
Part C........................ Surface Coating of 8/24/1990 2/4/1992, 57 FR
Paper, Vinyl, and 4158.
Fabric.
Part D........................ Surface Coating of 8/24/1990 2/4/1992, 57 FR
Metal Furniture and 4158.
Large Appliances.
Part E........................ Surface Coating of 10/26/2001 5/7/2002, 67 FR
Magnet Wire. 30594.
Part F........................ Surface Coating of 10/26/2001 5/7/2002, 67 FR
Miscellaneous Metal 30594.
Parts and Products.
Part G........................ Surface Coating of 2/25/1983 10/31/1983, 48 FR
Flat Wood Paneling. 50078.
Part H........................ Graphic Arts-- 2/25/1983 10/31/1983, 48 FR
Rotogravure 50078.
Flexography.
Part N........................ Solvent Metal Cleaning 10/26/2001 5/7/2002, 67 FR
30594.
Part O........................ Petroleum Liquid 2/25/1983 10/31/1983, 48 FR
Storage in Fixed Roof 50078.
Tanks.
Part P........................ Petroleum Liquid 2/25/1983 10/31/1983, 48 FR
Storage in External 50078.
Floating Roof Tanks.
Part Q........................ Manufacture of 4/26/2013 8/16/2017, 82 FR
Synthesized 38825.
Pharmaceutical
Products.
Part R........................ Manufacture of 2/25/1983 10/31/1983, 48 FR
Pneumatic Rubber 50078.
Tires.
Part S........................ Cutback Asphalt....... 6/13/1979 12/16/1981, 46 FR
61268.
Part T........................ Bulk Gasoline 2/25/1983 10/31/1983, 48 FR
Terminals and Vapor 50078.
Collection Systems.
Standard No. 5.2.............. Control of Oxides of 6/25/2004 8/26/2005, 70 FR
Nitrogen (NOX). 50195.
[[Page 14596]]
Standard No. 7................ Prevention of 6/26/2015 8/10/2017, 82 FR EPA did not take
Significant 37299. action on the
Deterioration. version of
Regulation 61-62.5,
Standard No. 7,
paragraph
(b)(32)(i)(a) state
effective on
December 27, 2013,
included in a SIP
revision submitted
by the State on
April 10, 2014,
because this version
contains changes to
a phrase regarding
ethanol production
facilities that is
not in the SIP.
South Carolina
submitted a SIP
revision on April
14, 2009, that
includes the phrase
``except ethanol
production
facilities producing
ethanol by natural
fermentation under
the North American
Industry
Classification
System (NAICS) codes
325193 or 312140,''
as amended in the
Ethanol Rule (May 1,
2007), at Standard
No. 7, paragraphs
(b)(32)(i)(a),
(b)(32)(iii)(b)(t),
and (i)1(vii)(t) and
at Standard No. 7.1,
paragraphs
(c)7(C)(xx) and
(e)(T). EPA has not
taken action to
approve that portion
of the April 14,
2009, SIP revision
and incorporate this
phrase into the SIP.
The version of
Standard No. 7,
paragraphs
(b)(32)(i)(a),
(b)(32)(iii)(b)(t),
and (i)1(vii)(t) and
Standard No. 7.1,
paragraphs
(c)(7)(C)(xx) and
(e)(T) was state
effective on June
24, 2005 and
conditionally
approved by EPA on
June 2, 2008, and
were fully approved
on June 23, 2011.
Standard No. 7.1.............. Nonattainment New 11/27/2015 8/10/2017, 82 FR EPA did not take
Source Review. 37299. action on the
version of
Regulation 61-62.5,
Standard No. 7,
paragraph
(b)(32)(i)(a) state
effective on
December 27, 2013,
included in a SIP
revision submitted
by the State on
April 10, 2014,
because this version
contains changes to
a phrase regarding
ethanol production
facilities that is
not in the SIP.
South Carolina
submitted a SIP
revision on April
14, 2009, that
includes the phrase
``except ethanol
production
facilities producing
ethanol by natural
fermentation under
the North American
Industry
Classification
System (NAICS) codes
325193 or 312140,''
as amended in the
Ethanol Rule (May 1,
2007), at Standard
No. 7, paragraphs
(b)(32)(i)(a),
(b)(32)(iii)(b)(t),
and (i)1(vii)(t) and
at Standard No. 7.1,
paragraphs
(c)7(C)(xx) and
(e)(T). EPA has not
taken action to
approve that portion
of the April 14,
2009, SIP revision
and incorporate this
phrase into the SIP.
The version of
Standard No. 7,
paragraphs
(b)(32)(i)(a),
(b)(32)(iii)(b)(t),
and (i)1(vii)(t) and
Standard No. 7.1,
paragraphs
(c)(7)(C)(xx) and
(e)(T) was state
effective on June
24, 2005 and
conditionally
approved by EPA on
June 2, 2008, and
were fully approved
on June 23, 2011.
Regulation No. 62.6........... Control of Fugitive 5/24/1985 10/3/1989, 54 FR
Particulate Matter. 40659.
Section I..................... Control of Fugitive 11/27/2015 8/21/2017, 82 FR
Particulate Matter in 39541.
Non-Attainment Areas.
Section II.................... Control of Fugitive 5/24/1985 10/3/1989, 54 FR
Particulate Matter in 40659.
Problem Areas.
Section III................... Control of Fugitive 12/27/2013 8/21/2017, 82 FR
Particulate Matter 39541.
Statewide.
Section IV.................... Effective Date........ 5/24/1985 10/3/1989, 54 FR
40659.
Regulation No. 62.7........... Good Engineering 5/23/1986 5/28/1987, 52 FR
Practice Stack Height. 19858.
Section I..................... General............... 5/23/1986 5/28/1987, 52 FR
19858.
Section II.................... Applicability......... 5/23/1986 5/28/1987, 52 FR
19858.
Section III................... Definitions and 5/23/1986 5/28/1987, 52 FR
Conditions. 19858.
Section IV.................... Public Participation.. 5/23/1986 5/28/1987, 52 FR
19858.
Regulation No. 62.96.......... Nitrogen Oxides (NOX) 10/24/2008 10/16/2009, 74 FR
and Sulfur Dioxide 53167.
(SO2) Budget Trading
Program General
Provisions.
[[Page 14597]]
Regulation No. 62.97.......... Cross-State Air 8/25/2017 10/13/2017, 82 FR
Pollution Rule 47939.
(CSAPR) Trading
Program.
Regulation No. 62.99.......... Nitrogen Oxides (NOX) 5/24/2002 6/28/2002, 67 FR
Budget Program 43546.
Requirements for
Stationary Sources
Not in the Trading
Program.
S.C. Code Ann................. Ethics Reform Act.....
Section 8-13-100(31).......... Definitions........... 1/1/1992 8/1/2012, 77 FR
45492.
Section 8-13-700(A) and (B)... Use of official 1/1/1992 8/1/2012, 77 FR
position or office 45492.
for financial gain;
disclosure of
potential conflict of
interest.
Section 8-13-730.............. Membership on or 1/1/1992 8/1/2012, 77 FR
employment by 45492.
regulatory agency of
person associated
with regulated
business.
----------------------------------------------------------------------------------------------------------------
(d) EPA-Approved State Source-Specific Requirements.
EPA-Approved South Carolina State Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Transcontinental Gas Pipeline 2060-0179-CD 4/27/2004 4/23/2009, 74 FR This permit is
Corporation Station 140. 18471. incorporated in
fulfillment of the NOX
SIP Call Phase II
requirements for South
Carolina.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-06796 Filed 4-4-18; 8:45 am]
BILLING CODE 6560-50-P
