Air Plan Approval; SC: Multiple Revisions to Air Pollution Control Standards, 29455-29458 [2018-13446]
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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. The telephone
number is (404) 562–8726. Mr. Wong
can also be reached via electronic mail
at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0385; FRL–9979–
80—Region 4]
Air Plan Approval; SC: Multiple
Revisions to Air Pollution Control
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve changes to the South Carolina
State Implementation Plan (SIP) to
revise miscellaneous rules covering air
pollution control standards. EPA is
approving portions of SIP revisions
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, July 27, 2016, and November 4,
2016. These actions are being taken
pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule will be effective July
25, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0385. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., 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 through
www.regulations.gov or in hard copy at
the 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. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Air Regulatory
Management Section, Air Planning and
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SUMMARY:
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I. Background
On October 1, 2007, July 18, 2011,
June 17, 2013, August 8, 2014, July 27,
2016, and November 4, 2016, SC DHEC
submitted SIP revisions to EPA for
approval that involve changes to South
Carolina’s SIP regulations to make
administrative and clarifying
amendments, revise regulations, and
correct typographical errors. These SIP
submittals make changes to several air
quality rules in the South Carolina Code
of Regulations Annotated (S.C. Code
Ann. Regs.). The changes EPA is
approving into the SIP in this action
modify portions of Regulation 61–62.5,
Standard No. 1—Emissions From Fuel
Burning Operations and Regulation 61–
62.5, Standard No. 4—Emissions From
Process Industries. EPA is not acting on
other changes that are included in these
submittals. EPA will act on those
changes in separate actions.
II. Analysis of South Carolina’s
Submittals
A. Regulation 61–62.5, Standard No. 1—
Emissions From Fuel Burning
Operations
South Carolina is amending multiple
sections at Regulation 61–62.5, Standard
No. 1—Emissions from Fuel Burning
Operations. The August 8, 2014,
submittal makes the following changes:
(1) Clarifies sulfur dioxide (SO2)
maximum allowable discharge limits at
Section III—Sulfur Dioxide Emissions;
and (2) makes administrative and
clarifying edits throughout Standard No.
1. The revision in Section III—Sulfur
Dioxide Emissions streamlines the
requirement by setting a maximum SO2
limit of 2.3 pounds per million British
thermal units (lb/MMBtu) from fuel
burning operations. The current
approved Standard sets two SO2 limits,
2.3 lb/MMBtu or 3.5 lb/MMBtu across
various classification categories.
Therefore, this revision would
streamline the rule to the lower of the
two limits allowed for such sources.
Lastly, this submittal makes
administrative and clarifying edits in
Section I—Visible Emissions,1 Section
1 EPA is taking final action to approve the
revisions in Section I, with a state effective date of
June 27, 2014. EPA has two revisions pertaining to
subparagraph C ‘‘Special Provisions’’ submitted by
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29455
II—Particulate Matter Emissions,
Section III—Sulfur Dioxide Emissions,
Section IV—Opacity Monitoring
Requirements,2 and Section VI—
Periodic Testing.
The November 4, 2016, submittal
makes typographical corrections under
Section IV—Opacity Reporting
Requirements.3 EPA has reviewed the
aforementioned changes to South
Carolina’s Regulation 61–62.5, Standard
No. 1 and is approving the changes into
the SIP pursuant to CAA section 110.
B. Regulation 61–62.5, Standard No. 4—
Emissions From Process Industries
South Carolina is amending multiple
sections at Regulation 61–62.5, Standard
No. 4—Emissions from Process
Industries. The October 1, 2007,
submittal removes Section IV—Portland
Cement Manufacturing from the SIP.
This rule contains particulate matter
(PM) emission limits for cement kilns
with a production rate of up to 120 tons
per hour and it establishes a 20 percent
allowable stack opacity limit for certain
components of Portland cement plants.
SC DHEC states that there are no
Portland cement plants operating at 120
tons per hour or less in the State
because it is not economically feasible.
SC DHEC asserts that removing this rule
would not create a relaxation as there
are no applicable sources subject to this
regulation. Additionally, should such a
source start operation, it would be
subject to more stringent PM emissions
limits in New Source Performance
Standards (NSPS) subpart F (Standards
of Performance for Portland Cement
Plants).
The July 18, 2011, submittal amends
Section V—Cotton Gins by removing
established specific emission limits
based on production rate (output) of
bales of cotton per hour and replacing
that with specific, measurable
performance requirements and
operating standards.4 SC DHEC
considered CAA section 110(l) in
the State on July 18, 2011, and August 12, 2015,
with state effective dates of May 27, 2011 and June
26, 2015, respectively, and will address these
changes in a separate action.
2 EPA is taking final action to approve the
revisions in Section IV, with the exception of
subparagraph B ‘‘Continuous Opacity Monitor
Reporting Requirements,’’ submitted by the State on
August 8, 2014 with a state effective date of June
27, 2014. EPA will address revisions in
subparagraph B, also in an August 12, 2015,
submittal, in a separate action.
3 The November 4, 2016, submittal with a state
effective date of September 23, 2016, would
supersede the 2014 revision with the exception of
subparagraph B as mentioned in footnote #2.
4 SC DHEC’s July 18, 2011 submittal makes a
change to Section XII, subparagraph B regarding
Total Reduced Solids (TRS). The August 8, 2014,
submittal would supersede the 2011 revision.
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making this change. SC DEHC explains
that the rule development is based on
best management practices outlined in
the United States Department of
Agriculture’s Cotton Ginners Handbook,
staff experience with effective emission
reduction techniques, the review of
other state regulations on cotton gins,
and several discussions with the
affected industry. The new rule assures
a greater degree of control of these
emissions than that which would result
from the existing process weight rate
curve and also allows the State to more
effectively determine compliance. The
revised rule requires enforceable control
of emissions from specific point sources
in the ginning process rather than an
allowable emission rate, and it
establishes requirements to minimize
fugitive emissions from various sources
at cotton ginning facilities. The revised
rule also sets applicable requirements
for good housekeeping practices in the
gin yard, weekly monitoring of control
efficiency, recordkeeping, and reporting.
The revised regulation will provide for
improved emissions control through
practicably enforceable control of
emissions, use of state of the art
pollution control devices, and
minimization of fugitive emissions. The
June 17, 2013, submittal makes a
subsequent typographical correction to
Section V.
The August 8, 2014, submittal makes
the following changes: (1) Removes a
PM emissions limit at Section III—Kraft
Pulp and Paper Manufacturing; (2)
revises the frequency required for
reporting excess emissions at Section
XI—Total Reduced Sulfur Emissions of
Kraft Pulp Mills; (3) removes the
periodic testing requirement for TRS at
Section XII—Periodic Testing; and (4)
makes administrative and clarifying
edits throughout Standard No. 4. At
Section III, the submittal removes the
table column ‘‘Maximum Allowable
Emissions of PM in pounds/equivalent
Ton of Air Dried, Unbleached Pulp
Produced’’ and retains the ‘‘Maximum
Allowable Stack Opacity.’’ SC DEHC
asserts that this will not result in a
relaxation of emission limits because
the subject sources are covered under
more stringent PM limits under the
NESHAP (subpart S—National Emission
Standards for Hazardous Air Pollutants
from the Pulp and Paper Industry).
Additionally, the word ‘‘opacity’’
replaces ‘‘rate of emissions.’’
At Section XI, the August 8, 2014,
submittal changes the required excess
emissions reporting frequency in
subparagraph D.3. from quarterly to
semi-annual. SC DHEC considered CAA
sections 110(l) and 193 in making the
change and asserts changing reporting
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from quarterly to semi-annual will not
affect the level of emissions or
compromise the national ambient air
quality standards. SC DHEC cites to
several Federal and state regulations
that address excess emissions reporting,
including NSPS subpart BB Standards
of Performance for Kraft Pulp Mills;
South Carolina Regulation 61–62.5,
Standard No. 4 Section XI(D)(3) Total
Reduced Sulfur Emissions of Kraft Pulp
Mills; South Carolina Regulations 61–
62.1, Section II(J)(2) Permit
Requirements; and South Carolina
Regulation 61–62.70 Title V Operating
Permit Program.
At Section XII, the August 8, 2014,
submittal removes the periodic testing
requirement for TRS. SC DHEC states
that most sources are required to test
under NSPS or NESHAP rules. The few
sources that are not required to test have
enough historical test data to develop an
allowable operating range which can be
handled during the permitting process.
Additionally, the S.C. Pollution Control
Act (48–1–50, Powers of the
Department) makes provision for SC
DHEC to ask for a source test and
permits are often drafted with language
allowing SC DEHC to ask for source
tests. Therefore, the requirements will
be no less stringent than what is
allowed through current regulatory and
permitting authority to review testing
requirements.
Lastly, the August 8, 2014, submittal
makes minor typographical,
renumbering, and clarifying edits to
Standard No. 4 in Section II—Sulfuric
Acid Manufacturing, Section V—Cotton
Gins, Section XI—Total Reduced Sulfur
Emissions of Kraft Pulp Mills, and
Section XII—Periodic Testing.
The July 27, 2016, submittal changes
Section VIII—Other Manufacturing by
excluding Kraft Pulp and Paper
Manufacturing facilities. This Section
sets PM emission limits for source
categories not specified elsewhere in
Standard No. 4. The change to exclude
Kraft Pulp and Paper Manufacturing
facilities aligns with the August 8, 2014,
revision, as previously discussed in this
notice. The submittal also makes minor
typographical, renumbering, and
clarifying edits to Section XII—Periodic
Testing.
EPA has reviewed the aforementioned
changes to South Carolina’s Regulation
61–62.5, Standard No. 4 and is
approving the revisions into the SIP
pursuant to CAA section 110, and where
applicable CAA section 193.
III. Response to Comments
EPA previously proposed to approve
these changes, and others, to the South
Carolina SIP on August 16, 2017 (82 FR
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38874) along with a direct final rule
published the same date (82 FR 38828).
The proposed rule stated that if EPA
received adverse comment on the direct
final rule, the direct final rule would be
withdrawn and all public comments
received would be addressed in a
subsequent final rule based on the
proposed rule. EPA received one
adverse comment from a Commenter
regarding the portion of the SIP
submittals that EPA is addressing in this
action, specifically regarding revision of
Regulation 61–62.5, Standard No. 4—
Emissions from Process Industries,
Section IV—Portland Cement
Manufacturing. EPA accordingly
withdrew those portions of the direct
final rule on October 13, 2017 (82 FR
47640).5 EPA has considered the
adverse comment received and is now
approving the change to Regulation 61–
62.5, Section IV.
Comment: The Commenter states EPA
needs to ensure that no mothballed
facilities would be able to restart under
the new standard. The Commenter also
states that mothballed facilities may still
maintain operating permits and may
restart under these permits without
becoming new sources and subject to
NSPS requirements.
Response: EPA notes that operating
permits are not issued in perpetuity. A
source must renew the permit to
continue operations and is required to
operate within the emissions limitations
established in the permit. If operations
resume at a source that has ceased
operations for more than two 6 years,
that source is subject to new source
requirements, regardless of whether that
source had previously indicated that it
would cease operations permanently.
Additionally, SC DHEC provided a letter
on February 22, 2018,7 stating there are
no mothballed sources below the 120
tons per hour level anywhere in the
State.
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 South Carolina
Regulation 61–62.5, Standard No. 1
Section I—Visible Emissions, Section
II—Particulate Matter Emissions,
5 The Commenter also made a comment on
Regulation 61–62.5, Standard No. 1—Emissions
From Fuel Burning Operations, subparagraph C of
Section I—Visible Emissions. EPA will address that
in a separate action.
6 U.S. EPA Applicability Determination Index for
NSPS on August 29, 1990, for Florida Portland
Cement. Document is available in the Docket.
7 Letter is located in the Federal Docket.
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Section III—Sulfur Dioxide Emissions,
Section VI—Periodic Testing, state
effective June 27, 2014, and Section
IV—Opacity Monitoring Requirements
state effective September 23, 2016,
which makes administrative and
clarifying changes for consistency,
removes log reporting requirements,
revises monitoring requirements, and
Regulation 61–62.5, Standard No. 4
Section II—Sulfuric Acid
Manufacturing, Section III—Kraft Pulp
and Paper Manufacturing, Section V—
Cotton Gins, Section XI—Total Reduced
Sulfur Emissions of Kraft Pulp Mills
state effective June 27, 2014, and
Section VIII—Other Manufacturing,
Section XII—Periodic Testing state
effective June 24, 2016, which makes
administrative and clarifying changes
for consistency, removes specific
emission rates, and reporting
requirements. 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).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated in the next update to the
SIP compilation.8
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V. Final Action
This is a final action based on the
proposed rule (82 FR 38874). For the
reasons discussed above, EPA is
approving the aforementioned changes
to the South Carolina SIP, submitted on
October 1, 2007, July 18, 2011, June 17,
2013, August 8, 2014, July 27, 2016, and
November 4, 2016, because they are
consistent with the CAA and federal
regulations.
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. These actions merely approve
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
8 62
FR 27968 (May 22, 1997).
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imposed by state law. For that reason,
these actions:
• Are 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);
• Are not an Executive Order 13771
(82 FR 9339, February 2, 2017)
regulatory action because SIP approvals
are exempted under Executive Order
12866.
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are 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
• Do 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 final action 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
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
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29457
substantial direct costs on Tribal
governments or preempt Tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 24, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 12, 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 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, paragraph (c) is
amended by:
■ a. Revising the entries under
Regulation No. 62.5, Standard No. 1, for
‘‘Section I,’’ ‘‘Section II,’’ ‘‘Section III,’’
‘‘Section IV,’’ and ‘‘Section VI;’’
■
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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
b. Revising the entries under
Regulation No. 62.5, Standard No. 4, for
‘‘Section II,’’ ‘‘Section III,’’ ‘‘Section V,’’
■
‘‘Section VIII,’’ ‘‘Section XI,’’ and
‘‘Section XII’’; and
■ c. Removing the entry under
Regulation No. 62.5, Standard No. 4, for
‘‘Section IV’’
The revisions read as follows:
§ 52.2120
*
Identification of plan.
*
*
(c) * * *
*
*
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State
effective
date
State citation
Title/subject
*
Regulation No. 62.5 .........
Standard No. 1 ................
Section I ...........................
*
*
Air Pollution Control Standards.
Emissions from Fuel Burning Operations.
Visible Emissions .............................................
6/27/2014
6/25/2018, [Insert citation of publication].
Section II .........................
Particulate Matter Emissions ...........................
6/27/2014
Section III ........................
Sulfur Dioxide Emissions .................................
6/27/2014
Section IV ........................
Opacity Monitoring Requirements ...................
9/23/2016
6/25/2018, [Insert citation of publication].
6/25/2018, [Insert citation of publication].
6/25/2018, [Insert citation of publication].
*
Section VI ........................
*
*
Periodic Testing ...............................................
*
6/27/2014
*
Standard No. 4 ................
*
*
Emissions From Process Industries.
*
*
Section II .........................
*
*
Sulfuric Acid Manufacturing .............................
*
6/27/2014
Section III ........................
Kraft Pulp and Paper Manufacturing Plants ....
6/27/2014
Section V .........................
Cotton Gins ......................................................
6/27/2014
*
Section VIII ......................
*
*
Other Manufacturing ........................................
*
Section XI ........................
*
*
Total Reduced Sulfur Emissions of Kraft Pulp
Mills.
Periodic Testing ...............................................
Section XII .......................
*
*
*
*
*
*
*
[FR Doc. 2018–13446 Filed 6–22–18; 8:45 am]
EPA approval date
*
*
*
6/25/2018, [Insert citation of publication].
*
6/25/2018, [Insert citation of publication].
6/25/2018, [Insert citation of publication].
6/25/2018, [Insert citation of publication].
*
*
*
6/24/2016
*
6/25/2018, [Insert citation of publication].
*
*
*
6/27/2014
*
6/25/2018, [Insert citation of publication].
6/25/2018, [Insert citation of publication].
*
*
*
*
6/24/2016
*
*
ENVIRONMENTAL PROTECTION
AGENCY
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Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; New Hampshire; Delegation
of Authority
Environmental Protection
Agency (EPA).
AGENCY:
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Final rule.
Frm 00022
Except subparagraph B ‘‘Continuous Opacity
Monitor Reporting Requirements,’’ including
those versions submitted by the State on
August 8, 2014 and August 12, 2015.
Therefore, subparagraph B retains the
version that was state effective September
28, 2012.
*
[EPA–R01–OAR–2018–0069; FRL–9979–29–
Region 1]
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Except for subparagraph C ‘‘Special Provisions,’’ including those versions submitted
by the State on July 18, 2011 and August
12, 2015. Therefore, subparagraph C retains the version that was state effective
October 26, 2001.
*
*
40 CFR Part 62
16:14 Jun 22, 2018
*
*
BILLING CODE 6560–50–P
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*
*
*
ACTION:
Explanation
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The Environmental Protection
Agency (EPA) is finalizing its action to
codify into the Code of Federal
Regulations (CFR) the delegation of
authority to implement and enforce the
Federal Plan Requirements for Sewage
Sludge Incineration Units Constructed
on or before October 14, 2010 (SSI
Federal Plan) to the New Hampshire
Department of Environmental Services
(NH DES). The SSI Federal Plan
addresses the implementation and
enforcement of the emission guidelines
applicable to existing SSI units located
in areas not covered by an approved and
currently effective state plan. The SSI
Federal Plan imposes emission limits
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29455-29458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13446]
[[Page 29455]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0385; FRL-9979-80--Region 4]
Air Plan Approval; SC: Multiple Revisions to Air Pollution
Control Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve changes to the South Carolina State Implementation
Plan (SIP) to revise miscellaneous rules covering air pollution control
standards. EPA is approving portions of SIP revisions 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, July 27,
2016, and November 4, 2016. These actions are being taken pursuant to
the Clean Air Act (CAA or Act).
DATES: This rule will be effective July 25, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0385. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., 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 through www.regulations.gov or in hard
copy at the 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. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
The telephone number is (404) 562-8726. Mr. Wong can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2007, July 18, 2011, June 17, 2013, August 8, 2014,
July 27, 2016, and November 4, 2016, SC DHEC submitted SIP revisions to
EPA for approval that involve changes to South Carolina's SIP
regulations to make administrative and clarifying amendments, revise
regulations, and correct typographical errors. These SIP submittals
make changes to several air quality rules in the South Carolina Code of
Regulations Annotated (S.C. Code Ann. Regs.). The changes EPA is
approving into the SIP in this action modify portions of Regulation 61-
62.5, Standard No. 1--Emissions From Fuel Burning Operations and
Regulation 61-62.5, Standard No. 4--Emissions From Process Industries.
EPA is not acting on other changes that are included in these
submittals. EPA will act on those changes in separate actions.
II. Analysis of South Carolina's Submittals
A. Regulation 61-62.5, Standard No. 1--Emissions From Fuel Burning
Operations
South Carolina is amending multiple sections at Regulation 61-62.5,
Standard No. 1--Emissions from Fuel Burning Operations. The August 8,
2014, submittal makes the following changes: (1) Clarifies sulfur
dioxide (SO2) maximum allowable discharge limits at Section
III--Sulfur Dioxide Emissions; and (2) makes administrative and
clarifying edits throughout Standard No. 1. The revision in Section
III--Sulfur Dioxide Emissions streamlines the requirement by setting a
maximum SO2 limit of 2.3 pounds per million British thermal
units (lb/MMBtu) from fuel burning operations. The current approved
Standard sets two SO2 limits, 2.3 lb/MMBtu or 3.5 lb/MMBtu
across various classification categories. Therefore, this revision
would streamline the rule to the lower of the two limits allowed for
such sources. Lastly, this submittal makes administrative and
clarifying edits in Section I--Visible Emissions,\1\ Section II--
Particulate Matter Emissions, Section III--Sulfur Dioxide Emissions,
Section IV--Opacity Monitoring Requirements,\2\ and Section VI--
Periodic Testing.
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\1\ EPA is taking final action to approve the revisions in
Section I, with a state effective date of June 27, 2014. EPA has two
revisions pertaining to subparagraph C ``Special Provisions''
submitted by the State on July 18, 2011, and August 12, 2015, with
state effective dates of May 27, 2011 and June 26, 2015,
respectively, and will address these changes in a separate action.
\2\ EPA is taking final action to approve the revisions in
Section IV, with the exception of subparagraph B ``Continuous
Opacity Monitor Reporting Requirements,'' submitted by the State on
August 8, 2014 with a state effective date of June 27, 2014. EPA
will address revisions in subparagraph B, also in an August 12,
2015, submittal, in a separate action.
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The November 4, 2016, submittal makes typographical corrections
under Section IV--Opacity Reporting Requirements.\3\ EPA has reviewed
the aforementioned changes to South Carolina's Regulation 61-62.5,
Standard No. 1 and is approving the changes into the SIP pursuant to
CAA section 110.
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\3\ The November 4, 2016, submittal with a state effective date
of September 23, 2016, would supersede the 2014 revision with the
exception of subparagraph B as mentioned in footnote #2.
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B. Regulation 61-62.5, Standard No. 4--Emissions From Process
Industries
South Carolina is amending multiple sections at Regulation 61-62.5,
Standard No. 4--Emissions from Process Industries. The October 1, 2007,
submittal removes Section IV--Portland Cement Manufacturing from the
SIP. This rule contains particulate matter (PM) emission limits for
cement kilns with a production rate of up to 120 tons per hour and it
establishes a 20 percent allowable stack opacity limit for certain
components of Portland cement plants. SC DHEC states that there are no
Portland cement plants operating at 120 tons per hour or less in the
State because it is not economically feasible. SC DHEC asserts that
removing this rule would not create a relaxation as there are no
applicable sources subject to this regulation. Additionally, should
such a source start operation, it would be subject to more stringent PM
emissions limits in New Source Performance Standards (NSPS) subpart F
(Standards of Performance for Portland Cement Plants).
The July 18, 2011, submittal amends Section V--Cotton Gins by
removing established specific emission limits based on production rate
(output) of bales of cotton per hour and replacing that with specific,
measurable performance requirements and operating standards.\4\ SC DHEC
considered CAA section 110(l) in
[[Page 29456]]
making this change. SC DEHC explains that the rule development is based
on best management practices outlined in the United States Department
of Agriculture's Cotton Ginners Handbook, staff experience with
effective emission reduction techniques, the review of other state
regulations on cotton gins, and several discussions with the affected
industry. The new rule assures a greater degree of control of these
emissions than that which would result from the existing process weight
rate curve and also allows the State to more effectively determine
compliance. The revised rule requires enforceable control of emissions
from specific point sources in the ginning process rather than an
allowable emission rate, and it establishes requirements to minimize
fugitive emissions from various sources at cotton ginning facilities.
The revised rule also sets applicable requirements for good
housekeeping practices in the gin yard, weekly monitoring of control
efficiency, recordkeeping, and reporting. The revised regulation will
provide for improved emissions control through practicably enforceable
control of emissions, use of state of the art pollution control
devices, and minimization of fugitive emissions. The June 17, 2013,
submittal makes a subsequent typographical correction to Section V.
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\4\ SC DHEC's July 18, 2011 submittal makes a change to Section
XII, subparagraph B regarding Total Reduced Solids (TRS). The August
8, 2014, submittal would supersede the 2011 revision.
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The August 8, 2014, submittal makes the following changes: (1)
Removes a PM emissions limit at Section III--Kraft Pulp and Paper
Manufacturing; (2) revises the frequency required for reporting excess
emissions at Section XI--Total Reduced Sulfur Emissions of Kraft Pulp
Mills; (3) removes the periodic testing requirement for TRS at Section
XII--Periodic Testing; and (4) makes administrative and clarifying
edits throughout Standard No. 4. At Section III, the submittal removes
the table column ``Maximum Allowable Emissions of PM in pounds/
equivalent Ton of Air Dried, Unbleached Pulp Produced'' and retains the
``Maximum Allowable Stack Opacity.'' SC DEHC asserts that this will not
result in a relaxation of emission limits because the subject sources
are covered under more stringent PM limits under the NESHAP (subpart
S--National Emission Standards for Hazardous Air Pollutants from the
Pulp and Paper Industry). Additionally, the word ``opacity'' replaces
``rate of emissions.''
At Section XI, the August 8, 2014, submittal changes the required
excess emissions reporting frequency in subparagraph D.3. from
quarterly to semi-annual. SC DHEC considered CAA sections 110(l) and
193 in making the change and asserts changing reporting from quarterly
to semi-annual will not affect the level of emissions or compromise the
national ambient air quality standards. SC DHEC cites to several
Federal and state regulations that address excess emissions reporting,
including NSPS subpart BB Standards of Performance for Kraft Pulp
Mills; South Carolina Regulation 61-62.5, Standard No. 4 Section
XI(D)(3) Total Reduced Sulfur Emissions of Kraft Pulp Mills; South
Carolina Regulations 61-62.1, Section II(J)(2) Permit Requirements; and
South Carolina Regulation 61-62.70 Title V Operating Permit Program.
At Section XII, the August 8, 2014, submittal removes the periodic
testing requirement for TRS. SC DHEC states that most sources are
required to test under NSPS or NESHAP rules. The few sources that are
not required to test have enough historical test data to develop an
allowable operating range which can be handled during the permitting
process. Additionally, the S.C. Pollution Control Act (48-1-50, Powers
of the Department) makes provision for SC DHEC to ask for a source test
and permits are often drafted with language allowing SC DEHC to ask for
source tests. Therefore, the requirements will be no less stringent
than what is allowed through current regulatory and permitting
authority to review testing requirements.
Lastly, the August 8, 2014, submittal makes minor typographical,
renumbering, and clarifying edits to Standard No. 4 in Section II--
Sulfuric Acid Manufacturing, Section V--Cotton Gins, Section XI--Total
Reduced Sulfur Emissions of Kraft Pulp Mills, and Section XII--Periodic
Testing.
The July 27, 2016, submittal changes Section VIII--Other
Manufacturing by excluding Kraft Pulp and Paper Manufacturing
facilities. This Section sets PM emission limits for source categories
not specified elsewhere in Standard No. 4. The change to exclude Kraft
Pulp and Paper Manufacturing facilities aligns with the August 8, 2014,
revision, as previously discussed in this notice. The submittal also
makes minor typographical, renumbering, and clarifying edits to Section
XII--Periodic Testing.
EPA has reviewed the aforementioned changes to South Carolina's
Regulation 61-62.5, Standard No. 4 and is approving the revisions into
the SIP pursuant to CAA section 110, and where applicable CAA section
193.
III. Response to Comments
EPA previously proposed to approve these changes, and others, to
the South Carolina SIP on August 16, 2017 (82 FR 38874) along with a
direct final rule published the same date (82 FR 38828). The proposed
rule stated that if EPA received adverse comment on the direct final
rule, the direct final rule would be withdrawn and all public comments
received would be addressed in a subsequent final rule based on the
proposed rule. EPA received one adverse comment from a Commenter
regarding the portion of the SIP submittals that EPA is addressing in
this action, specifically regarding revision of Regulation 61-62.5,
Standard No. 4--Emissions from Process Industries, Section IV--Portland
Cement Manufacturing. EPA accordingly withdrew those portions of the
direct final rule on October 13, 2017 (82 FR 47640).\5\ EPA has
considered the adverse comment received and is now approving the change
to Regulation 61-62.5, Section IV.
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\5\ The Commenter also made a comment on Regulation 61-62.5,
Standard No. 1--Emissions From Fuel Burning Operations, subparagraph
C of Section I--Visible Emissions. EPA will address that in a
separate action.
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Comment: The Commenter states EPA needs to ensure that no
mothballed facilities would be able to restart under the new standard.
The Commenter also states that mothballed facilities may still maintain
operating permits and may restart under these permits without becoming
new sources and subject to NSPS requirements.
Response: EPA notes that operating permits are not issued in
perpetuity. A source must renew the permit to continue operations and
is required to operate within the emissions limitations established in
the permit. If operations resume at a source that has ceased operations
for more than two \6\ years, that source is subject to new source
requirements, regardless of whether that source had previously
indicated that it would cease operations permanently. Additionally, SC
DHEC provided a letter on February 22, 2018,\7\ stating there are no
mothballed sources below the 120 tons per hour level anywhere in the
State.
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\6\ U.S. EPA Applicability Determination Index for NSPS on
August 29, 1990, for Florida Portland Cement. Document is available
in the Docket.
\7\ Letter is located in the Federal Docket.
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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 South
Carolina Regulation 61-62.5, Standard No. 1 Section I--Visible
Emissions, Section II--Particulate Matter Emissions,
[[Page 29457]]
Section III--Sulfur Dioxide Emissions, Section VI--Periodic Testing,
state effective June 27, 2014, and Section IV--Opacity Monitoring
Requirements state effective September 23, 2016, which makes
administrative and clarifying changes for consistency, removes log
reporting requirements, revises monitoring requirements, and Regulation
61-62.5, Standard No. 4 Section II--Sulfuric Acid Manufacturing,
Section III--Kraft Pulp and Paper Manufacturing, Section V--Cotton
Gins, Section XI--Total Reduced Sulfur Emissions of Kraft Pulp Mills
state effective June 27, 2014, and Section VIII--Other Manufacturing,
Section XII--Periodic Testing state effective June 24, 2016, which
makes administrative and clarifying changes for consistency, removes
specific emission rates, and reporting requirements. 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). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated in the
next update to the SIP compilation.\8\
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\8\ 62 FR 27968 (May 22, 1997).
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V. Final Action
This is a final action based on the proposed rule (82 FR 38874).
For the reasons discussed above, EPA is approving the aforementioned
changes to the South Carolina SIP, submitted on October 1, 2007, July
18, 2011, June 17, 2013, August 8, 2014, July 27, 2016, and November 4,
2016, because they are consistent with the CAA and federal regulations.
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. These actions merely
approve state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are 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);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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 final action 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 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 24, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 12, 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 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, paragraph (c) is amended by:
0
a. Revising the entries under Regulation No. 62.5, Standard No. 1, for
``Section I,'' ``Section II,'' ``Section III,'' ``Section IV,'' and
``Section VI;''
[[Page 29458]]
0
b. Revising the entries under Regulation No. 62.5, Standard No. 4, for
``Section II,'' ``Section III,'' ``Section V,'' ``Section VIII,''
``Section XI,'' and ``Section XII''; and
0
c. Removing the entry under Regulation No. 62.5, Standard No. 4, for
``Section IV''
The revisions read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regulation No. 62.5............ Air Pollution
Control Standards.
Standard No. 1................. Emissions from Fuel
Burning Operations.
Section I...................... Visible Emissions... 6/27/2014 6/25/2018, [Insert Except for
citation of subparagraph C
publication]. ``Special
Provisions,''
including those
versions submitted
by the State on
July 18, 2011 and
August 12, 2015.
Therefore,
subparagraph C
retains the
version that was
state effective
October 26, 2001.
Section II..................... Particulate Matter 6/27/2014 6/25/2018, [Insert
Emissions. citation of
publication].
Section III.................... Sulfur Dioxide 6/27/2014 6/25/2018, [Insert
Emissions. citation of
publication].
Section IV..................... Opacity Monitoring 9/23/2016 6/25/2018, [Insert Except subparagraph
Requirements. citation of B ``Continuous
publication]. Opacity Monitor
Reporting
Requirements,''
including those
versions submitted
by the State on
August 8, 2014 and
August 12, 2015.
Therefore,
subparagraph B
retains the
version that was
state effective
September 28,
2012.
* * * * * * *
Section VI..................... Periodic Testing.... 6/27/2014 6/25/2018, [Insert
citation of
publication].
* * * * * * *
Standard No. 4................. Emissions From
Process Industries.
* * * * * * *
Section II..................... Sulfuric Acid 6/27/2014 6/25/2018, [Insert
Manufacturing. citation of
publication].
Section III.................... Kraft Pulp and Paper 6/27/2014 6/25/2018, [Insert
Manufacturing citation of
Plants. publication].
Section V...................... Cotton Gins......... 6/27/2014 6/25/2018, [Insert
citation of
publication].
* * * * * * *
Section VIII................... Other Manufacturing. 6/24/2016 6/25/2018, [Insert
citation of
publication].
* * * * * * *
Section XI..................... Total Reduced Sulfur 6/27/2014 6/25/2018, [Insert
Emissions of Kraft citation of
Pulp Mills. publication].
Section XII.................... Periodic Testing.... 6/24/2016 6/25/2018, [Insert
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-13446 Filed 6-22-18; 8:45 am]
BILLING CODE 6560-50-P
