Air Plan Approval; SC; Definitions and Open Burning, 29451-29454 [2018-13450]
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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0387; FRL–9979–78–
Region 4]
Air Plan Approval; SC; Definitions and
Open Burning
Environmental Protection
Agency.
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 definitions and a regulation for
open burning. 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: July 18, 2011,
June 17, 2013, April 10, 2014, August 8,
2014, and July 27, 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–
2017–0387. All documents in the docket
SUMMARY:
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:
D. Brad Akers, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Pesticides and
Toxics Management Division, Region 4,
U.S. Environmental Protection Agency,
61 Forsyth Street SW, Atlanta, Georgia
30303–8960. Mr. Akers can be reached
29451
via electronic mail at akers.brad@
epa.gov or via telephone at (404) 562–
9089.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
On July 18, 2011, June 17, 2013, April
10, 2014, August 8, 2014, and July 27,
2016, SC DHEC submitted SIP revisions
to EPA for approval that involve
changes to South Carolina’s SIP
regulations to add definitions, make
administrative and clarifying
amendments, and correct typographical
errors. These SIP submittals make
changes to several air quality rules in
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 61–62.1 ‘‘Definitions and
General Requirements’’ at Section I—
‘‘Definitions’’ and make a revision to
Regulation 61–62.2,—‘‘Prohibition of
Open Burning.’’
At this time, EPA is not acting on the
changes detailed in Table 1 below,
which include portions of several SIP
submittals that EPA has approved
previously. EPA will address all
remaining requested changes to the
South Carolina SIP in the relevant SIP
submissions as listed below in a
separate action.
TABLE 1—OTHER PORTIONS OF SOUTH CAROLINA SUBMITTALS
Submittal
Regulation
Status
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
61–62.1, Section II ........................................
61–62.5, Standard No. 1 ..............................
61–62.5, Standard No. 2 ..............................
61–62.3 .........................................................
61–62.5, Standard No. 4 ..............................
61–62.5, Standard No. 6 ..............................
61–62.5, Standard No. 7 ..............................
61–62.5, Standard No. 7.1 ...........................
61–62.1, Section II ........................................
61–62.1, Section IV ......................................
61–62.3 .........................................................
61–62.5, Standard No. 4 ..............................
61–62.5, Standard No. 5 ..............................
61–62.5, Standard No. 7 ..............................
61–62.6 .........................................................
61–62.1, Section II ........................................
61–62.1, Section III .......................................
August 8, 2014 .....................
August 8, 2014 .....................
August 8, 2014 .....................
August 8, 2014 .....................
July 27, 2016 .......................
July 27, 2016 .......................
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July 18, 2011 .......................
July 18, 2011 .......................
July 18, 2011 .......................
July 18, 2011 .......................
July 18, 2011 .......................
July 18, 2011 .......................
July 18, 2011 .......................
July 18, 2011 .......................
June 17, 2013 ......................
June 17, 2013 ......................
June 17, 2013 ......................
June 17, 2013 ......................
June 17, 2013 ......................
April 10, 2014 .......................
April 10, 2014 .......................
August 8, 2014 .....................
August 8, 2014 .....................
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
61–62.1,
61–62.1,
61–62.5,
61–62.5,
61–62.1,
61–62.5,
1 In its July 18, 2011, submittal, South Carolina
is removing entirely a rule for setting alternative
emission limitations at Regulation 61–62.5,
Standard No. 6, ‘‘Alternative Emission Limitation
Options (‘Bubble’),’’ and replacing it with
‘‘Reserved.’’ This change is not presently before
EPA for action because Regulation 61–62.5,
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Section IV ......................................
Section V .......................................
Standard No. 1 ..............................
Standard No. 4 ..............................
Section II ........................................
Standard No. 4 ..............................
EPA will evaluate in a separate action.
EPA will evaluate in a separate action.
Approved April 3, 2013 (78 FR 19994).
Approved August 21, 2017 (82 FR 39537).
EPA will evaluate in a separate action.
Not part of the SIP.1
Approved August 10, 2017 (82 FR 37299).
Approved August 10, 2017 (82 FR 37299).
EPA will evaluate in a separate action.
Approved August 21, 2017 (82 FR 39537).
Approved August 21, 2017 (82 FR 39537).
EPA will evaluate in a separate action.
Approved August 16, 2017 (82 FR 38825).
Partially approved August 10, 2017 (82 FR 37299).2
Approved August 21, 2017 (82 FR 39537).
EPA will evaluate in a separate action.
Approved June 12, 2015 (80 FR 33413) and May 31,
2017 (82 FR 24851).
Approved August 21, 2017 (82 FR 39537).
Approved August 21, 2017 (82 FR 39537).
EPA will evaluate in a separate action.
EPA will evaluate in a separate action.
EPA will evaluate in a separate action.
EPA will evaluate in a separate action.
Standard No. 6 is not part of the State’s federally
approved SIP. EPA rescinded the original approval
of this regulation and disapproved a further
revision to it on March 8, 1995 (60 FR 12700).
2 EPA did not approve one portion of 61–62.5,
Standard No. 7 from the April 10, 2014 submittal
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making revisions to certain provisions
corresponding to EPA’s May 1, 2007 rule regarding
ethanol production facilities (72 FR 24060). EPA
will evaluate this portion of the April 10, 2014
submittal in a separate action.
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TABLE 1—OTHER PORTIONS OF SOUTH CAROLINA SUBMITTALS—Continued
Submittal
Regulation
July 27, 2016 .......................
Regulation 61–62.5, Standard No. 5.2 ...........................
II. Background
On August 21, 2017, EPA published a
proposed rulemaking (82 FR 39551),
which accompanied a direct final
rulemaking (82 FR 39537) published on
the same date. The proposed rule
proposed to approve the portions of
South Carolina’s SIP revisions described
above. It also stated that if EPA received
adverse comment on the direct final
rule, then the Agency would withdraw
the direct final rule and address public
comments received in a subsequent
final rule based on the proposed rule.
EPA received one adverse comment
letter from a Commenter regarding the
portion of the direct final rule revising
Regulation 61–62.1, Section I—
‘‘Definitions,’’ and the revision to
Regulation 61–62.2,—‘‘Prohibition of
Open Burning,’’ and EPA accordingly
withdrew those portions of the direct
final rule proposing to approve changes
to these rules on October 13, 2017 (82
FR 47636). After considering the
adverse comments, EPA is now taking
final action, based on the proposed rule,
on the portions of South Carolina’s SIP
revisions modifying Regulation 61–62.1,
Section I and Regulation 61–62.2, as
described above.
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III. Analysis of South Carolina’s
Submittals
A. Definitions
South Carolina is amending its list of
applicable definitions related to the
regulation of air quality at Regulation
61–62.1, Section I—‘‘Definitions.’’ The
July 18, 2011, submittal makes several
changes to the definitions as follows: (1)
Adds a definition for ‘‘CAA [Clean Air
Act];’’ (2) adds definitions for ‘‘PM2.5,’’
or fine particulate matter with an
aerodynamic diameter less than or equal
to a nominal 2.5 micrometers, and
‘‘PM2.5 emissions;’’ (3) revises the
definition of ‘‘fugitive emissions’’ to
match the federal definition at 40 CFR
51.165(a)(1)(ix), 40 CFR 51.166(b)(20),
and 40 CFR 52.21(b)(20); and (4) makes
other clarifying and administrative edits
to definitions throughout Section I,
including renumbering. The June 17,
2013, submittal further revises the
definitions to make several
administrative edits only.
The April 10, 2014, submittal makes
one revision to the definitions at
Regulation 61–62.1, Section I.94.—
‘‘Volatile Organic Compound (VOC),’’ to
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Status
EPA will evaluate in a separate action.
add a compound to the list of
compounds determined by EPA to have
negligible photochemical reactivity and
therefore exempted from being
considered a VOC, consistent with the
federal definition. This revision in the
April 10, 2014, submittal was
superseded by another revision to the
definition of VOC at I.94. in the August
8, 2014, submittal. This latter submittal
changes the format of the definition of
VOC at I.99., renumbered from I.94., to
incorporate directly the list of
compounds exempted by EPA from the
federal regulatory definition of VOC by
making an explicit reference to the
definition at 40 CFR 51.100(s). The
August 8, 2014, submittal also revises
Section I by: (1) Adding definitions for
‘‘Code of Federal Regulations (CFR),’’
‘‘NAICS [North American Industrial
Classification System] Code,’’ and ‘‘SIC
[Standard Industrial Classification]
Code’’; and (2) making administrative
changes throughout.
Finally, the July 27, 2016, submittal
makes subsequent revisions to Section I
to add the definition of ‘‘emission’’ and
makes administrative edits throughout.
EPA has reviewed the changes made to
South Carolina’s definitions and is
approving the aforementioned changes
to Regulation 61–62.1, Section I into the
SIP pursuant to CAA section 110
because the revisions are consistent
with the CAA.
B. Open Burning
South Carolina is making a minor
change to its rules covering open
burning at Regulation 61–62.2—
‘‘Prohibition of Open Burning.’’ The
April 10, 2014, submittal revises the
regulation to make an administrative
edit to a referenced manual only and
makes no substantive changes.
Specifically, the State is changing the
font for the referenced manual for
internal consistency. EPA has reviewed
this purely administrative change made
to South Carolina’s rules for open
burning and is approving the
aforementioned change to Regulation
61–62.2 into the SIP pursuant to CAA
section 110.
IV. Response to Comments
As noted above, EPA previously
proposed to approve these changes, and
others, to the South Carolina SIP on
August 21, 2017 (82 FR 39551), along
with a direct final rule published the
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same date (82 FR 39537). EPA received
adverse comments from a Commenter
regarding the portions of the direct final
rule revising Regulation 61–62.1,
Section I—‘‘Definitions,’’ and the
revision to Regulation 61–62.2,—
‘‘Prohibition of Open Burning,’’ and
EPA accordingly withdrew those
portions of the direct final rule on
October 13, 2017 (82 FR 47636). EPA’s
responses to the adverse comments are
below.
A. Definitions
The Commenter stated that South
Carolina’s definition of PM2.5 ‘‘should
also include condensable and filterable
PM.’’ South Carolina’s SIP, under
Regulation 61–62.1, Section I, defines
PM2.5 as ‘‘[p]articulate matter with an
aerodynamic diameter less than or equal
to a nominal 2.5 micrometers emitted to
the ambient air as measured by a
reference method based on Appendix L
of 40 CFR 50 and designated in
accordance with 40 CFR 53 or by an
equivalent method designated in
accordance with 40 CFR 53.’’ This
definition is consistent with the way
EPA uses the term in federal
regulations. For example, PM2.5 is
defined in the National Ambient Air
Quality Standards as ‘‘particles with an
aerodynamic diameter less than or equal
to a nominal 2.5 micrometers.’’ (See 40
CFR 50.7, 50.13 and 50.18.) Therefore,
EPA disagrees with the Commenter’s
implication that South Carolina’s
definition of PM2.5 is not sufficient.
Although the Commenter did not
mention South Carolina’s definition of
‘‘PM2.5 emissions,’’ EPA notes that the
State has added this term to R. 61–62.1
and defines it as ‘‘[f]inely divided solid
or liquid material with an aerodynamic
diameter less than or equal to a nominal
2.5 micrometers emitted to the ambient
air as measured by a reference method
approved by the Department, with
concurrence of the U.S. Environmental
Protection Agency.’’ With regard to
‘‘filterable PM’’ as mentioned by the
Commenter, this component is included
in the definition as ‘‘[f]inely divided
solid . . . material’’ emitted to the
ambient air. With regard to
‘‘condensable PM’’ as mentioned by the
Commenter, South Carolina’s definition
differs from the federal definition of
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‘‘direct PM2.5 emissions’’ 3 in that it does
not specify the inclusion of
‘‘condensable PM2.5 emissions.’’
However, South Carolina’s definition is
sufficient for purposes of the State’s SIP
because, as explained below, the
condensable component of source PM2.5
emissions will be included whenever a
determination of a source’s PM2.5
emissions is required.
The inclusion of the condensable
component in determining a source’s
PM2.5 emissions is driven by the
applicable source test method(s)
required under a relevant rule. First,
South Carolina’s federally approved SIP
includes emission limits for ‘‘PM’’ but
does not include emission limits for
‘‘PM2.5.’’ Therefore, ‘‘particulate matter
emissions’’ (as defined in the South
Carolina SIP), not ‘‘PM2.5 emissions,’’ is
the term that is relevant for the purpose
of determining a source’s status of
compliance with applicable PM
emission limits of the South Carolina
SIP. Second, South Carolina’s PSD rules
(which apply throughout the State) and
Nonattainment New Source Review
rules (which do not currently apply for
PM2.5 in the State) both require sources
to include the condensable portion of
PM2.5 emissions. (See definitions of
‘‘Regulated NSR pollutant’’ at
Regulation 61–62.5, Standard No.
7(b)(44)(i)(a) and Standard No.
7.1(c)(13)(D), respectively.) 4 Third,
under federal rules such as the New
Source Performance Standards (NSPS)
and National Emission Standards for
Hazardous Air Pollutants (NESHAPs),
whether the condensable PM2.5
component must be measured is
dictated by the testing methods that are
specified to apply under those rules.
Finally, with regard to emissions
inventories, EPA has provided guidance
to assist states in appropriately
accounting for the condensable PM2.5
component in making annual reports of
PM2.5 emissions.5 Moreover, the federal
3 Under the federal definition, ‘‘direct PM
2.5
emissions’’ means solid or liquid particles emitted
directly from an air emissions source or activity, or
reaction products of gases emitted directly from an
air emissions source or activity which form
particulate matter as they reach ambient
temperatures. Direct PM2.5 emissions include
filterable and condensable PM2.5 emissions
composed of elemental carbon, directly emitted
organic carbon, directly emitted sulfate, directly
emitted nitrate, and other organic or inorganic
particles that exist or form through reactions as
emissions reach ambient temperatures (including
but not limited to crustal material, metals, and sea
salt). 40 CFR 51.1000.
4 The specific adoption of condensable PM
2.5 as
a regulated NSR pollutant was included in a March
14, 2011, SIP revision, which was approved on June
23, 2011 (76 FR 36875), and corrected for Standard
No. 7 on August 10, 2017 (82 FR 37299).
5 See ‘‘Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter
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provisions regarding regular emissions
inventory reporting at subpart A to part
51 require states to include the
condensable and filterable portions of
both PM2.5 and PM10 as applicable in the
triennial reports of annual emissions for
all sources and the annual reports of
larger stationary source emissions. See
40 CFR 51.15(a)(1)(vi)–(vii).
South Carolina’s definition of ‘‘PM2.5’’
is consistent with EPA’s definition of
the term. In addition, as discussed
above, omitting the phrase
‘‘condensable PM2.5 emissions’’ from
South Carolina’s definition of ‘‘PM2.5
emissions’’ has no effect on the State’s
implementation of its PM2.5 program
because the South Carolina SIP
currently has no limits on ‘‘PM2.5
emissions’’ and because the other
programs that regulate particulate
matter specify the required source test
methods, and those methods require
measurement of the condensable
component in determining a source’s
PM2.5 emissions. Accordingly, EPA
considers South Carolina’s definitions
of these terms approvable under the
CAA.
B. Open Burning
The Commenter suggests that EPA
cannot approve changes to South
Carolina’s open burning rules if the
rules do not apply ‘‘at all times.’’ EPA
notes that no substantive change was
made to the SIP-approved rule at
Regulation 61–62.2, Prohibition of Open
Burning. The only change made in the
April 10, 2014, submittal was a change
to the font from italics to non-italics for
a referenced manual within the
regulation. As stated in the proposed
rule (82 FR 39551, August 21, 2017),
EPA proposed to approve changes to the
South Carolina SIP submitted by SC
DHEC. The existing text of Regulation
61–62.2 is already part of South
Carolina’s federally approved SIP, and
only the revision to the rule (i.e., the
font change) was subject to comment
through the proposal action. The change
that was made is purely administrative
in nature, and the Commenter has not
raised a concern relevant to the revision.
Nevertheless, EPA finds that Regulation
61–62.2 adequately prescribes the
conditions under which open burning is
allowed or prohibited. The only
provisions of this rule related to timing
are 62.2.E.6., 62.2.G.4. and 62.2.G.5.,
which are restrictions, not relaxations,
on when open burning may be
conducted in the State.
National Ambient Air Quality Standards (NAAQS)
and Regional Haze Regulations,’’ EPA–454/B–17–
003, July 2017.
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29453
EPA received no additional comments
regarding the changes to Regulation 61–
62.1, Section I nor to the change made
to Regulation 61–62.2. The public
comments received are located in the
Docket for this final action at
www.regulations.gov.
V. 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 61–62.1, Section I—
‘‘Definitions,’’ effective June 24, 2016,
which revises definitions applicable to
the SIP, and Regulation 61–62.2,
‘‘Prohibition of Open Burning,’’
effective December 27, 2013, which
revises formatting for consistency. 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
State’s implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally-enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.6
VI. Final Action
This is a final action based on the
proposed rule (82 FR 39551). For the
reasons discussed above, EPA is
approving the aforementioned changes
to the South Carolina SIP, submitted on
July 18, 2011, June 17, 2013, April 10,
2014, August 8, 2014, and July 27, 2016,
because they are consistent with the
CAA and federal regulations.
VII. 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. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
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• 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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 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
boundary of York County, 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, Incorporation by
reference, Particulate matter, 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. In § 52.2120, the table in paragraph
(c) is amended by revising under
‘‘Regulation No. 62.1’’ the entry
‘‘Section I’’ and the entry ‘‘Regulation
No. 62.2’’ to read as follows:
■
§ 52.2120
*
Identification of plan.
*
*
(c) * * *
*
*
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State
effective
date
State citation
Title/subject
*
*
Section I .......................................
*
Definitions ....................................
*
*
*
Regulation No. 62.2 .....................
*
Prohibition of Open Burning ........
*
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*
*
*
*
*
*
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[FR Doc. 2018–13450 Filed 6–22–18; 8:45 am]
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[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29451-29454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13450]
[[Page 29451]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0387; FRL-9979-78-Region 4]
Air Plan Approval; SC; Definitions and Open Burning
AGENCY: Environmental Protection Agency.
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 definitions and a regulation for open burning. 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: July 18, 2011,
June 17, 2013, April 10, 2014, August 8, 2014, and July 27, 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-2017-0387. 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: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers
can be reached via electronic mail at [email protected] or via
telephone at (404) 562-9089.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
On July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014,
and July 27, 2016, SC DHEC submitted SIP revisions to EPA for approval
that involve changes to South Carolina's SIP regulations to add
definitions, make administrative and clarifying amendments, and correct
typographical errors. These SIP submittals make changes to several air
quality rules in 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 61-62.1 ``Definitions and General
Requirements'' at Section I--``Definitions'' and make a revision to
Regulation 61-62.2,--``Prohibition of Open Burning.''
At this time, EPA is not acting on the changes detailed in Table 1
below, which include portions of several SIP submittals that EPA has
approved previously. EPA will address all remaining requested changes
to the South Carolina SIP in the relevant SIP submissions as listed
below in a separate action.
---------------------------------------------------------------------------
\1\ In its July 18, 2011, submittal, South Carolina is removing
entirely a rule for setting alternative emission limitations at
Regulation 61-62.5, Standard No. 6, ``Alternative Emission
Limitation Options (`Bubble'),'' and replacing it with ``Reserved.''
This change is not presently before EPA for action because
Regulation 61-62.5, Standard No. 6 is not part of the State's
federally approved SIP. EPA rescinded the original approval of this
regulation and disapproved a further revision to it on March 8, 1995
(60 FR 12700).
\2\ EPA did not approve one portion of 61-62.5, Standard No. 7
from the April 10, 2014 submittal making revisions to certain
provisions corresponding to EPA's May 1, 2007 rule regarding ethanol
production facilities (72 FR 24060). EPA will evaluate this portion
of the April 10, 2014 submittal in a separate action.
Table 1--Other Portions of South Carolina Submittals
------------------------------------------------------------------------
Submittal Regulation Status
------------------------------------------------------------------------
July 18, 2011............... Regulation 61-62.1, EPA will evaluate in
Section II. a separate action.
July 18, 2011............... Regulation 61-62.5, EPA will evaluate in
Standard No. 1. a separate action.
July 18, 2011............... Regulation 61-62.5, Approved April 3,
Standard No. 2. 2013 (78 FR 19994).
July 18, 2011............... Regulation 61-62.3.. Approved August 21,
2017 (82 FR 39537).
July 18, 2011............... Regulation 61-62.5, EPA will evaluate in
Standard No. 4. a separate action.
July 18, 2011............... Regulation 61-62.5, Not part of the
Standard No. 6. SIP.\1\
July 18, 2011............... Regulation 61-62.5, Approved August 10,
Standard No. 7. 2017 (82 FR 37299).
July 18, 2011............... Regulation 61-62.5, Approved August 10,
Standard No. 7.1. 2017 (82 FR 37299).
June 17, 2013............... Regulation 61-62.1, EPA will evaluate in
Section II. a separate action.
June 17, 2013............... Regulation 61-62.1, Approved August 21,
Section IV. 2017 (82 FR 39537).
June 17, 2013............... Regulation 61-62.3.. Approved August 21,
2017 (82 FR 39537).
June 17, 2013............... Regulation 61-62.5, EPA will evaluate in
Standard No. 4. a separate action.
June 17, 2013............... Regulation 61-62.5, Approved August 16,
Standard No. 5. 2017 (82 FR 38825).
April 10, 2014.............. Regulation 61-62.5, Partially approved
Standard No. 7. August 10, 2017 (82
FR 37299).\2\
April 10, 2014.............. Regulation 61-62.6.. Approved August 21,
2017 (82 FR 39537).
August 8, 2014.............. Regulation 61-62.1, EPA will evaluate in
Section II. a separate action.
August 8, 2014.............. Regulation 61-62.1, Approved June 12,
Section III. 2015 (80 FR 33413)
and May 31, 2017
(82 FR 24851).
August 8, 2014.............. Regulation 61-62.1, Approved August 21,
Section IV. 2017 (82 FR 39537).
August 8, 2014.............. Regulation 61-62.1, Approved August 21,
Section V. 2017 (82 FR 39537).
August 8, 2014.............. Regulation 61-62.5, EPA will evaluate in
Standard No. 1. a separate action.
August 8, 2014.............. Regulation 61-62.5, EPA will evaluate in
Standard No. 4. a separate action.
July 27, 2016............... Regulation 61-62.1, EPA will evaluate in
Section II. a separate action.
July 27, 2016............... Regulation 61-62.5, EPA will evaluate in
Standard No. 4. a separate action.
[[Page 29452]]
July 27, 2016............... Regulation 61-62.5, EPA will evaluate in
Standard No. 5.2. a separate action.
------------------------------------------------------------------------
II. Background
On August 21, 2017, EPA published a proposed rulemaking (82 FR
39551), which accompanied a direct final rulemaking (82 FR 39537)
published on the same date. The proposed rule proposed to approve the
portions of South Carolina's SIP revisions described above. It also
stated that if EPA received adverse comment on the direct final rule,
then the Agency would withdraw the direct final rule and address public
comments received in a subsequent final rule based on the proposed
rule. EPA received one adverse comment letter from a Commenter
regarding the portion of the direct final rule revising Regulation 61-
62.1, Section I--``Definitions,'' and the revision to Regulation 61-
62.2,--``Prohibition of Open Burning,'' and EPA accordingly withdrew
those portions of the direct final rule proposing to approve changes to
these rules on October 13, 2017 (82 FR 47636). After considering the
adverse comments, EPA is now taking final action, based on the proposed
rule, on the portions of South Carolina's SIP revisions modifying
Regulation 61-62.1, Section I and Regulation 61-62.2, as described
above.
III. Analysis of South Carolina's Submittals
A. Definitions
South Carolina is amending its list of applicable definitions
related to the regulation of air quality at Regulation 61-62.1, Section
I--``Definitions.'' The July 18, 2011, submittal makes several changes
to the definitions as follows: (1) Adds a definition for ``CAA [Clean
Air Act];'' (2) adds definitions for ``PM2.5,'' or fine
particulate matter with an aerodynamic diameter less than or equal to a
nominal 2.5 micrometers, and ``PM2.5 emissions;'' (3)
revises the definition of ``fugitive emissions'' to match the federal
definition at 40 CFR 51.165(a)(1)(ix), 40 CFR 51.166(b)(20), and 40 CFR
52.21(b)(20); and (4) makes other clarifying and administrative edits
to definitions throughout Section I, including renumbering. The June
17, 2013, submittal further revises the definitions to make several
administrative edits only.
The April 10, 2014, submittal makes one revision to the definitions
at Regulation 61-62.1, Section I.94.--``Volatile Organic Compound
(VOC),'' to add a compound to the list of compounds determined by EPA
to have negligible photochemical reactivity and therefore exempted from
being considered a VOC, consistent with the federal definition. This
revision in the April 10, 2014, submittal was superseded by another
revision to the definition of VOC at I.94. in the August 8, 2014,
submittal. This latter submittal changes the format of the definition
of VOC at I.99., renumbered from I.94., to incorporate directly the
list of compounds exempted by EPA from the federal regulatory
definition of VOC by making an explicit reference to the definition at
40 CFR 51.100(s). The August 8, 2014, submittal also revises Section I
by: (1) Adding definitions for ``Code of Federal Regulations (CFR),''
``NAICS [North American Industrial Classification System] Code,'' and
``SIC [Standard Industrial Classification] Code''; and (2) making
administrative changes throughout.
Finally, the July 27, 2016, submittal makes subsequent revisions to
Section I to add the definition of ``emission'' and makes
administrative edits throughout. EPA has reviewed the changes made to
South Carolina's definitions and is approving the aforementioned
changes to Regulation 61-62.1, Section I into the SIP pursuant to CAA
section 110 because the revisions are consistent with the CAA.
B. Open Burning
South Carolina is making a minor change to its rules covering open
burning at Regulation 61-62.2--``Prohibition of Open Burning.'' The
April 10, 2014, submittal revises the regulation to make an
administrative edit to a referenced manual only and makes no
substantive changes. Specifically, the State is changing the font for
the referenced manual for internal consistency. EPA has reviewed this
purely administrative change made to South Carolina's rules for open
burning and is approving the aforementioned change to Regulation 61-
62.2 into the SIP pursuant to CAA section 110.
IV. Response to Comments
As noted above, EPA previously proposed to approve these changes,
and others, to the South Carolina SIP on August 21, 2017 (82 FR 39551),
along with a direct final rule published the same date (82 FR 39537).
EPA received adverse comments from a Commenter regarding the portions
of the direct final rule revising Regulation 61-62.1, Section I--
``Definitions,'' and the revision to Regulation 61-62.2,--``Prohibition
of Open Burning,'' and EPA accordingly withdrew those portions of the
direct final rule on October 13, 2017 (82 FR 47636). EPA's responses to
the adverse comments are below.
A. Definitions
The Commenter stated that South Carolina's definition of
PM2.5 ``should also include condensable and filterable PM.''
South Carolina's SIP, under Regulation 61-62.1, Section I, defines
PM2.5 as ``[p]articulate matter with an aerodynamic diameter
less than or equal to a nominal 2.5 micrometers emitted to the ambient
air as measured by a reference method based on Appendix L of 40 CFR 50
and designated in accordance with 40 CFR 53 or by an equivalent method
designated in accordance with 40 CFR 53.'' This definition is
consistent with the way EPA uses the term in federal regulations. For
example, PM2.5 is defined in the National Ambient Air
Quality Standards as ``particles with an aerodynamic diameter less than
or equal to a nominal 2.5 micrometers.'' (See 40 CFR 50.7, 50.13 and
50.18.) Therefore, EPA disagrees with the Commenter's implication that
South Carolina's definition of PM2.5 is not sufficient.
Although the Commenter did not mention South Carolina's definition
of ``PM2.5 emissions,'' EPA notes that the State has added
this term to R. 61-62.1 and defines it as ``[f]inely divided solid or
liquid material with an aerodynamic diameter less than or equal to a
nominal 2.5 micrometers emitted to the ambient air as measured by a
reference method approved by the Department, with concurrence of the
U.S. Environmental Protection Agency.'' With regard to ``filterable
PM'' as mentioned by the Commenter, this component is included in the
definition as ``[f]inely divided solid . . . material'' emitted to the
ambient air. With regard to ``condensable PM'' as mentioned by the
Commenter, South Carolina's definition differs from the federal
definition of
[[Page 29453]]
``direct PM2.5 emissions'' \3\ in that it does not specify
the inclusion of ``condensable PM2.5 emissions.'' However,
South Carolina's definition is sufficient for purposes of the State's
SIP because, as explained below, the condensable component of source
PM2.5 emissions will be included whenever a determination of
a source's PM2.5 emissions is required.
---------------------------------------------------------------------------
\3\ Under the federal definition, ``direct PM2.5
emissions'' means solid or liquid particles emitted directly from an
air emissions source or activity, or reaction products of gases
emitted directly from an air emissions source or activity which form
particulate matter as they reach ambient temperatures. Direct
PM2.5 emissions include filterable and condensable
PM2.5 emissions composed of elemental carbon, directly
emitted organic carbon, directly emitted sulfate, directly emitted
nitrate, and other organic or inorganic particles that exist or form
through reactions as emissions reach ambient temperatures (including
but not limited to crustal material, metals, and sea salt). 40 CFR
51.1000.
---------------------------------------------------------------------------
The inclusion of the condensable component in determining a
source's PM2.5 emissions is driven by the applicable source
test method(s) required under a relevant rule. First, South Carolina's
federally approved SIP includes emission limits for ``PM'' but does not
include emission limits for ``PM2.5.'' Therefore,
``particulate matter emissions'' (as defined in the South Carolina
SIP), not ``PM2.5 emissions,'' is the term that is relevant
for the purpose of determining a source's status of compliance with
applicable PM emission limits of the South Carolina SIP. Second, South
Carolina's PSD rules (which apply throughout the State) and
Nonattainment New Source Review rules (which do not currently apply for
PM2.5 in the State) both require sources to include the
condensable portion of PM2.5 emissions. (See definitions of
``Regulated NSR pollutant'' at Regulation 61-62.5, Standard No.
7(b)(44)(i)(a) and Standard No. 7.1(c)(13)(D), respectively.) \4\
Third, under federal rules such as the New Source Performance Standards
(NSPS) and National Emission Standards for Hazardous Air Pollutants
(NESHAPs), whether the condensable PM2.5 component must be
measured is dictated by the testing methods that are specified to apply
under those rules. Finally, with regard to emissions inventories, EPA
has provided guidance to assist states in appropriately accounting for
the condensable PM2.5 component in making annual reports of
PM2.5 emissions.\5\ Moreover, the federal provisions
regarding regular emissions inventory reporting at subpart A to part 51
require states to include the condensable and filterable portions of
both PM2.5 and PM10 as applicable in the
triennial reports of annual emissions for all sources and the annual
reports of larger stationary source emissions. See 40 CFR
51.15(a)(1)(vi)-(vii).
---------------------------------------------------------------------------
\4\ The specific adoption of condensable PM2.5 as a
regulated NSR pollutant was included in a March 14, 2011, SIP
revision, which was approved on June 23, 2011 (76 FR 36875), and
corrected for Standard No. 7 on August 10, 2017 (82 FR 37299).
\5\ See ``Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations,'' EPA-454/B-17-003, July
2017.
---------------------------------------------------------------------------
South Carolina's definition of ``PM2.5'' is consistent
with EPA's definition of the term. In addition, as discussed above,
omitting the phrase ``condensable PM2.5 emissions'' from
South Carolina's definition of ``PM2.5 emissions'' has no
effect on the State's implementation of its PM2.5 program
because the South Carolina SIP currently has no limits on
``PM2.5 emissions'' and because the other programs that
regulate particulate matter specify the required source test methods,
and those methods require measurement of the condensable component in
determining a source's PM2.5 emissions. Accordingly, EPA
considers South Carolina's definitions of these terms approvable under
the CAA.
B. Open Burning
The Commenter suggests that EPA cannot approve changes to South
Carolina's open burning rules if the rules do not apply ``at all
times.'' EPA notes that no substantive change was made to the SIP-
approved rule at Regulation 61-62.2, Prohibition of Open Burning. The
only change made in the April 10, 2014, submittal was a change to the
font from italics to non-italics for a referenced manual within the
regulation. As stated in the proposed rule (82 FR 39551, August 21,
2017), EPA proposed to approve changes to the South Carolina SIP
submitted by SC DHEC. The existing text of Regulation 61-62.2 is
already part of South Carolina's federally approved SIP, and only the
revision to the rule (i.e., the font change) was subject to comment
through the proposal action. The change that was made is purely
administrative in nature, and the Commenter has not raised a concern
relevant to the revision. Nevertheless, EPA finds that Regulation 61-
62.2 adequately prescribes the conditions under which open burning is
allowed or prohibited. The only provisions of this rule related to
timing are 62.2.E.6., 62.2.G.4. and 62.2.G.5., which are restrictions,
not relaxations, on when open burning may be conducted in the State.
EPA received no additional comments regarding the changes to
Regulation 61-62.1, Section I nor to the change made to Regulation 61-
62.2. The public comments received are located in the Docket for this
final action at www.regulations.gov.
V. 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 61-62.1, Section I--``Definitions,'' effective June
24, 2016, which revises definitions applicable to the SIP, and
Regulation 61-62.2, ``Prohibition of Open Burning,'' effective December
27, 2013, which revises formatting for consistency. 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 State's implementation plan,
have been incorporated by reference by EPA into that plan, are fully
federally-enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\6\
---------------------------------------------------------------------------
\6\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Final Action
This is a final action based on the proposed rule (82 FR 39551).
For the reasons discussed above, EPA is approving the aforementioned
changes to the South Carolina SIP, submitted on July 18, 2011, June 17,
2013, April 10, 2014, August 8, 2014, and July 27, 2016, because they
are consistent with the CAA and federal regulations.
VII. 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. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
[[Page 29454]]
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 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 boundary of York County, 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, Incorporation by
reference, Particulate matter, 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. In Sec. 52.2120, the table in paragraph (c) is amended by revising
under ``Regulation No. 62.1'' the entry ``Section I'' and the entry
``Regulation No. 62.2'' to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section I...................... Definitions...... 6/24/2016 6/25/2018, ............................
[insert Federal
Register
citation].
* * * * * * *
Regulation No. 62.2............ Prohibition of 12/27/2013 6/25/2018, ............................
Open Burning. [insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-13450 Filed 6-22-18; 8:45 am]
BILLING CODE 6560-50-P
