Air Plan and Operating Permit Program Approval: AL, GA and SC; Revisions to Public Notice Provisions in Permitting Programs, 64285-64289 [2018-26247]
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Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations
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[FR Doc. 2018–27049 Filed 12–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R04–OAR–2018–0296; FRL–9987–13–
Region 4]
Air Plan and Operating Permit Program
Approval: AL, GA and SC; Revisions to
Public Notice Provisions in Permitting
Programs
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
State Implementation Plan (SIP)
revisions and the Title V Operating
Permit Program revisions submitted on
May 19, 2017, by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM);
submitted on November 29, 2017, by the
State of Georgia, through the Georgia
Environmental Protection Division
(Georgia EPD); and submitted on
September 5, 2017, by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (SC DHEC).
These revisions address the public
notice rule provisions for the New
Source Review (NSR) and Title V
Operating Permit programs (Title V) of
the Clean Air Act (CAA or Act) that
remove the mandatory requirement to
provide public notice of a draft air
permit in a newspaper and that allow
electronic notice (‘‘e-notice’’) as an
alternate noticing option. EPA is
approving these revisions pursuant to
the CAA and implementing federal
regulations.
DATES: This rule is effective January 14,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0296. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be 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
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SUMMARY:
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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: Ms.
Kelly Fortin of the Air Permitting
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Fortin can be
reached by telephone at (404) 562–9117
or via electronic mail at fortin.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In a notice of proposed rulemaking
(NPRM) published on August 10, 2018
(83 FR 39638), EPA proposed to approve
the portions of Alabama’s May 19, 2017,
Georgia’s November 29, 2017, and South
Carolina’s September 5, 2017, SIP
revisions and the Title V program
revisions addressing the public notice
requirements for CAA permitting. The
details of Alabama’s, Georgia’s, and
South Carolina’s submittals and the
rationale for EPA’s actions are explained
in the NPRM and briefly summarized
below. The comment period for the
proposed rule closed on September 10,
2018, and EPA did not receive any
adverse comments.
On October 5, 2016, EPA finalized
revised public notice rule provisions for
the NSR, Title V, and Outer Continental
Shelf permitting programs of the CAA.
See 81 FR 71613 (October 18, 2016).
These rule revisions remove the
mandatory requirement to provide
public notice of a draft air permit
through publication in a newspaper and
allow for internet e-notice as an option
for permitting authorities implementing
their own EPA-approved SIP rules and
Title V rules, such as the Alabama,
Georgia, and South Carolina EPAapproved programs. Permitting
authorities are not required to adopt enotice. Nothing in the final rules
prevents a permitting authority of an
EPA-approved permitting program from
continuing to use newspaper
notification and/or from supplementing
e-notice with newspaper notification
and/or additional means of notification.
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64285
When e-notice is provided, EPA’s rule
requires electronic access (e-access) to
the draft permit. Generally, state and
local agencies intend to post the draft
permits and public notices in a
designated location on their agency
websites. For the noticing of draft
permits issued by permitting authorities
with EPA-approved programs, the rule
requires the permitting authority to use
‘‘a consistent noticing method’’ for all
permit notices under the specific
permitting program.
Alabama revised Chapter 335–3–14,
Air Permits and Chapter 335–3–15,
Synthetic Minor Operating Permits, and
Chapter 335–3–16, Major Source
Operating Permits, to incorporate EPA’s
amendments to the federal public notice
regulations discussed above.
Georgia revised Rule 391–3–1–
.02(7)(a)1, Prevention of Significant
Deterioration of Air Quality, and Rule
391–3–1–.03(10), Title V Operating
Permits, of Georgia’s Rules for Air
Quality Control, Chapter 391–3–1, to
incorporate EPA’s amendments to the
federal public notice regulations, as
discussed above.
South Carolina revised Regulation 61–
62.5, Standard No. 7, Prevention of
Significant Deterioration, and
Regulation 61–62.70, Title V Operating
Permit Program of the South Carolina
Air Pollution Control Regulations and
Standards, to incorporate EPA’s
amendments to the federal public notice
regulations discussed above.
II. 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 Alabama’s Chapter 335–
3–14, ‘‘Air Permits’’ at 335–3–14–.01,
.04, and .05 and Chapter 335–3–15
‘‘Synthetic Minor Operating Permits’’ at
335–3–15–.05, which address the public
notice rule provisions for the NSR
program, state effective December June
9, 2017; Georgia Rule 391–3–1-.02(7),
Prevention of Significant Deterioration
of Air Quality, which addresses the
public notice rule provisions for the
NSR program, state effective July 20,
2017; and South Carolina Regulation
61–62.5, Standard No. 7, ‘‘Prevention of
Significant Deterioration,’’ which
address the public notice rule
provisions for the NSR program, state
effective August 25, 2017.1 EPA has
1 EPA is taking this opportunity to make
administrative corrections to the entries in the
‘‘Explanation’’ columns in 40 CFR 52.50(c) for
Alabama Rule 335–3–14–.04; 40 CFR 52.570(c) for
Georgia Rule 391–3–1–.02(7); and 40 CFR
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Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations
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 by reference in the next
update to the SIP compilation.2
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III. Final Action
EPA is approving the portions of
Alabama’s May 19, 2017, Georgia’s
November 29, 2017, and South
Carolina’s September 5, 2017, SIP
revisions and the Title V program
revisions addressing the public notice
requirements for CAA permitting. EPA
has concluded that the States’
submissions meet the plan revisions
requirements of CAA section 110 and
the SIP requirements of 40 CFR 51.161,
51.165, and 51.166, as well as the public
notice and revisions requirements of 40
CFR 70.4 and 70.7.
IV. Statutory and Executive Order
Reviews
In reviewing SIP and Title V
submissions, EPA’s role is to approve
such submissions, provided that they
meet the criteria of the CAA and EPA’s
implementing regulations. These actions
merely approve state law as meeting
Federal requirements and do not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are not significant regulatory
actions 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 Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions because the actions are not
significant 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
52.2120(c) for South Carolina Regulation 61–62.5,
Standard No. 7 to more clearly reflect the federallyapproved versions of these rules in the states’
respective SIPs.
2 See 62 FR 27968 (May 22, 1997).
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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 economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions 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).
The SIPs subject to these actions, with
the exception of the South Carolina SIP,
are not approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rules regarding SIPs do not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will they
impose substantial direct costs on tribal
governments or preempt tribal law.
With respect to the South Carolina SIP,
EPA notes that the Catawba Indian
Nation Reservation is located within the
boundary of York County, South
Carolina, and 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.’’ Thus, the South Carolina
SIP applies to the Catawba Reservation;
however, because the action related to
South Carolina is merely modifying
public notice provisions for certain
types of air permits issued by SC DHEC,
EPA has determined that there are no
substantial direct effects on the Catawba
Indian Nation. EPA has also determined
that the action related to South
Carolina’s SIP will not impose any
substantial direct costs on tribal
governments or preempt tribal law.
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Furthermore, the rules regarding Title
V Operating Permit programs do not
have tribal implications because they
are not approved to apply to any source
of air pollution over which an Indian
Tribe has jurisdiction, nor will these
rules 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 February 12, 2019. 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
40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating Permits, Reporting
and recordkeeping requirements.
Dated: November 15, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
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PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. Section 52.50(c) is amended by:
■ a. Revising under the heading
‘‘Chapter No. 335–3–14 Air Permits’’ the
entries for ‘‘Section 335–3–14–.01’’,
‘‘Section 335–3–14–.04’’, ‘‘Section 335–
3–14–.05’’; and
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1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
b. Revising under the heading
‘‘Chapter No. 335–3–15 Synthetic Minor
Operating Permits’’ the entry for
‘‘Section 335–3–15–.05’’
The revisions read as follows:
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Subpart B—Alabama
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64287
§ 52.50
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Identification of plan.
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(c) * * *
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EPA-APPROVED ALABAMA REGULATIONS
State citation
State
effective
date
Title/subject
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EPA
approval
date
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Chapter No. 335–3–14
Section 335–3–14–.01 ...............
General Provisions ...................
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Section 335–3–14–.04 ...............
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Air Permits Authorizing Construction in Clean Air Areas
(Prevention of Significant Deterioration Permitting (PSD)).
Section 335–3–14–.05 ...............
Air Permits Authorizing Construction in or Near Nonattainment Areas.
6/9/2017
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Section 335–3–15–.05 ...............
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6/9/2017
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Public Participation ...................
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Air Permits
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12/14/2018, [Insert citation of
publication].
12/14/2018, [Insert citation of
publication].
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Except for changes to 335–3–14–.04(2)(g)2.
and the addition of 335–3–14–.04(2)(bbb),
state effective May 29, 2012, which EPA proposed to approve on August 24, 2017.
Except for changes to 335–3–14–.04(2)(w)1.,
state effective July 11, 2006, which lists a
100 ton per year significant net emissions increase for regulated NSR pollutants not otherwise specified at 335–3–14–.04(2)(w).
Except for the significant impact levels at 335–
3–14–.04(10)(b) which were withdrawn from
EPA consideration on October 9, 2014.
With the exception of: The portion of 335–3–
14–.05(1)(k) stating ‘‘excluding ethanol production facilities that produce ethanol by natural fermentation’’; and 335–3–14–.05(2)(c)3
(addressing fugitive emission increases and
decreases). Also with the exception of the
state-withdrawn
elements:
335–3–14–
.05(1)(h) (the actual-to-potential test for
projects that only involve existing emissions
units); the last sentence at 335–3–14–
.05(3)(g), stating ‘‘Interpollutant offsets shall
be determined based upon the following ratios’’; and the NNSR interpollutant ratios at
335–3–14–.05(3)(g)1–4.
Synthetic Minor Operating Permits
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6/9/2017
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12/14/2018, [Insert citation of
publication].
6/9/2017
Chapter No. 335–3–15
Explanation
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12/14/2018, [Insert citation of
publication].
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§ 52.570
Subpart L—Georgia
3. Section 52.570(c) is amended in the
table by revising the entry for ‘‘391–3–
1–.02(7)’’ to read as follows:
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Identification of plan.
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(c) * * *
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EPA-APPROVED GEORGIA REGULATIONS
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EPA-APPROVED GEORGIA REGULATIONS—Continued
State
effective
date
State citation
Title/subject
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391–3–1–.02(7) ..........................
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Prevention of Significant Deterioration of Air Quality (PSD).
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EPA
approval
date
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7/20/2017
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Explanation
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12/14/2018, [Insert citation of
publication].
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Pollution Control Standards’’ by
revising the entry for ‘‘Standard No. 7’’
to read as follows:
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Subpart PP—South Carolina
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Except 391–3–1–.02(7)(a)(2)(iv). See March 4,
2016 publication.
The version of Georgia Rule 391–3–1–.02(7) in
the SIP does not incorporate by reference:
(1) The provisions amended in the Ethanol
Rule to exclude facilities that produce ethanol
through a natural fermentation process from
the definition of ‘‘chemical process plants’’ in
the major NSR source permitting program
found at 40 CFR 52.21(b)(1)(i)(a) and
(b)(1)(iii)(t), or (2) the provisions at 40 CFR
52.21(b)(2)(v) and (b)(3)(iii)(c) that were
stayed indefinitely by the Fugitive Emissions
Interim Rule, see March 30, 2011 publication.
§ 52.2120
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Identification of plan.
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(c) * * *
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4. Section 52.2120(c), is amended in
the table under ‘‘Regulation No. 62.5 Air
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AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State citation
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Regulation No. 62.5.
Standard No. 7 ....................
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Prevention of Significant
Deterioration.
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Explanation
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8/25/2017
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EPA
approval
date
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12/14/2018, [Insert citation
of publication].
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Fmt 4700
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EPA did not take action on the version of Regulation 61–
62.5, Standard No. 7, paragraph (b)(32)(i)(a) state effective on December 27, 2013, included in a SIP revision
submitted by the State on April 10, 2014, because this
version contains changes to a phrase regarding ethanol
production facilities that is not in the SIP. South Carolina
submitted a SIP revision on April 14, 2009, that includes
the phrase ‘‘except ethanol production facilities producing
ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes
325193 or 312140,’’ as amended in the Ethanol Rule
(May 1, 2007), at Standard No. 7, paragraphs
(b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and at Standard No. 7.1, paragraphs (c)7(C)(xx) and (e)(T). EPA has
not taken action to approve that portion of the April 14,
2009, SIP revision and incorporate this phrase into the
SIP. The version of Standard No. 7, paragraphs
(b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and Standard
No. 7.1, paragraphs (c)(7)(C)(xx) and (e)(T) was state effective on June 24, 2005 and conditionally approved by
EPA on June 2, 2008, and were fully approved on June
23, 2011.
Except Regulation 61–62.5, Standard No. 7(b)(30)(v) and
(b)(34)(iii)(d), state effective June 26, 2015, which were
withdrawn from EPA consideration on December 20,
2016.
Except changes to Regulation 61–62.5, Standard No.
7(b)(34)(iii)(c), state effective June 26, 2015, which were
withdrawn from EPA consideration on June 27, 2017.
Except changes to 61–62.5, Standard No. 7(b)(34), (w)(1)–
(3), (aa), and (bb), state effective August 25, 2017, which
EPA proposed to approve on September 21, 2018.
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PART 70—STATE OPERATING PERMIT
PROGRAMS
5. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
6. Amend appendix A to part 70 by:
a. Adding paragraph (a)(3) under the
heading ‘‘Alabama’’;
■ b. Adding paragraph (d) under the
heading ‘‘Georgia’’; and
■ c. Adding paragraph (d) under the
heading ‘‘South Carolina’’.
The additions read as follows:
■
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
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Alabama
(a) * * *
(3) Revisions to Alabama Chapter 335–3–
16-.15(4), submitted on May 19, 2017, to
allow for electronic noticing of operating
permits, are approved on November 15, 2018.
*
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Georgia
*
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(d) Revisions to Georgia Rule 391–3–1–
.03(10) submitted on November 29, 2017, to
allow for electronic noticing of operating
permits, are approved on November 15, 2018.
*
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South Carolina
*
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(d) Revisions to South Carolina Regulation
61–62.70, submitted on September 5, 2017, to
allow for electronic noticing of operating
permits, are approved on November 15, 2018.
*
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[FR Doc. 2018–26247 Filed 12–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R10–RCRA–2018–0538; FRL–9987–
68–Region 10]
Hazardous Waste Management
System; Identifying and Listing
Hazardous Waste Exclusion
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) (also, ‘‘the Agency’’ in
this preamble) is granting a petition
submitted by Sandvik Special Metals
(Sandvik), in Kennewick, Washington to
exclude (or ‘‘delist’’) up to 1,500 cubic
yards of F006 wastewater treatment
SUMMARY:
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sludge per year from the list of Federal
hazardous wastes. The EPA has decided
to grant the petition based on an
evaluation of waste-specific information
provided by Sandvik and a
consideration of public comments
received. This action conditionally
excludes the petitioned waste from the
requirements of hazardous waste
regulations under the Resource
Conservation and Recovery Act (RCRA)
when disposed of in a Subtitle D landfill
permitted, licensed, or registered by a
State. The rule also imposes testing
conditions for waste generated in the
future to ensure that this waste
continues to qualify for delisting.
Subject to state-only requirements
within the State of Washington, or
federally-authorized or state-only
requirements in other states where the
subject wastes may be disposed of,
Sandvik’s petitioned waste may be
disposed of in a Subtitle D landfill
which is permitted, licensed, or
registered by a State to manage
municipal solid waste, or nonmunicipal non-hazardous waste.
DATES: This final rule is effective on
December 14, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. [EPA–R10–RCRA–2018–0538]. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) 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 electronically through
www.regulations.gov or in hard copy at
the RCRA Records Center, 16th floor,
U.S. EPA, Region 10, 1200 6th Avenue,
Suite 155, OAW–150, Seattle,
Washington 98101. This facility is open
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The EPA recommends you
telephone Dr. David Bartus at (206) 553–
2804 before visiting the Region 10
office. The public may copy material
from the regulatory docket at 15 cents
per page.
FOR FURTHER INFORMATION CONTACT: Dr.
David Bartus, EPA, Region 10, 1200 6th
Avenue, Suite 155, OAW–150, Seattle,
Washington 98070; telephone number:
(206) 553–2804; email address:
bartus.dave@epa.gov.
As discussed in Section V below, the
Washington State Department of
Ecology is evaluating Sandvik’s petition
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
64289
under state authority. Information on
Ecology’s action may be found at
https://fortress.wa.gov/ecy/publications/
SummaryPages/1804023.html.
SUPPLEMENTARY INFORMATION: The
information in this section is organized
as follows:
I. Background
A. What is a delisting petition?
B. What regulations allow a waste to be
delisted?
II. Sandvik’s Petition
A. What waste did Sandvik petition EPA
to delist?
B. What information was submitted in
support of this petition?
III. EPA’s Evaluation and Public Comments
A. What decision is EPA finalizing and
why?
B. Public Comments Received and EPA’s
Response
IV. Final Rule
A. What are the terms of this exclusion?
B. When is the Delisting Effective?
C. How does this action affect the states?
V. Statutory and Executive Order Reviews
I. Background
A. What is a delisting petition?
A delisting petition is a request from
a generator to exclude waste from the
list of hazardous wastes under RCRA
regulations. In a delisting petition, the
petitioner must show that waste
generated at a particular facility does
not meet any of the criteria for which
EPA listed the waste as set forth in 40
CFR 261.11 and the background
document for the waste. In addition, a
petitioner must demonstrate that the
waste does not exhibit any of the
hazardous waste characteristics (that is,
ignitability, reactivity, corrosivity, and
toxicity) and must present sufficient
information for us to decide whether
factors other than those for which the
waste was listed warrant retaining it as
a hazardous waste. See 40 CFR 260.22,
Section 3001(f) of RCRA, 42 U.S.C.
6921(f) and the background documents
for a listed waste.
A generator of a waste excluded from
the hazardous waste lists of 40 CFR part
261 subpart D remains obligated under
RCRA to confirm that its waste remains
nonhazardous based on the hazardous
waste characteristics in order to
continue to manage the waste as nonhazardous. See 40 CFR 260.22(c)(4).
B. What regulations allow a waste to be
delisted?
Under 40 CFR 260.20, 260.22, and 42
U.S.C. 6921(f), facilities may petition
the EPA to remove their wastes from
hazardous waste storage and treatment
requirements by excluding them from
the lists of hazardous wastes contained
in 40 CFR 261.31 and 261.32.
Specifically, 40 CFR 260.20 allows any
E:\FR\FM\14DER1.SGM
14DER1
]]>Agencies
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Rules and Regulations]
[Pages 64285-64289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26247]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R04-OAR-2018-0296; FRL-9987-13-Region 4]
Air Plan and Operating Permit Program Approval: AL, GA and SC;
Revisions to Public Notice Provisions in Permitting Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of State Implementation Plan (SIP) revisions and the Title V
Operating Permit Program revisions submitted on May 19, 2017, by the
State of Alabama, through the Alabama Department of Environmental
Management (ADEM); submitted on November 29, 2017, by the State of
Georgia, through the Georgia Environmental Protection Division (Georgia
EPD); and submitted on September 5, 2017, by the State of South
Carolina, through the South Carolina Department of Health and
Environmental Control (SC DHEC). These revisions address the public
notice rule provisions for the New Source Review (NSR) and Title V
Operating Permit programs (Title V) of the Clean Air Act (CAA or Act)
that remove the mandatory requirement to provide public notice of a
draft air permit in a newspaper and that allow electronic notice (``e-
notice'') as an alternate noticing option. EPA is approving these
revisions pursuant to the CAA and implementing federal regulations.
DATES: This rule is effective January 14, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0296. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be 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: Ms. Kelly Fortin of the Air Permitting
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Fortin
can be reached by telephone at (404) 562-9117 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In a notice of proposed rulemaking (NPRM) published on August 10,
2018 (83 FR 39638), EPA proposed to approve the portions of Alabama's
May 19, 2017, Georgia's November 29, 2017, and South Carolina's
September 5, 2017, SIP revisions and the Title V program revisions
addressing the public notice requirements for CAA permitting. The
details of Alabama's, Georgia's, and South Carolina's submittals and
the rationale for EPA's actions are explained in the NPRM and briefly
summarized below. The comment period for the proposed rule closed on
September 10, 2018, and EPA did not receive any adverse comments.
On October 5, 2016, EPA finalized revised public notice rule
provisions for the NSR, Title V, and Outer Continental Shelf permitting
programs of the CAA. See 81 FR 71613 (October 18, 2016). These rule
revisions remove the mandatory requirement to provide public notice of
a draft air permit through publication in a newspaper and allow for
internet e-notice as an option for permitting authorities implementing
their own EPA-approved SIP rules and Title V rules, such as the
Alabama, Georgia, and South Carolina EPA-approved programs. Permitting
authorities are not required to adopt e-notice. Nothing in the final
rules prevents a permitting authority of an EPA-approved permitting
program from continuing to use newspaper notification and/or from
supplementing e-notice with newspaper notification and/or additional
means of notification. When e-notice is provided, EPA's rule requires
electronic access (e-access) to the draft permit. Generally, state and
local agencies intend to post the draft permits and public notices in a
designated location on their agency websites. For the noticing of draft
permits issued by permitting authorities with EPA-approved programs,
the rule requires the permitting authority to use ``a consistent
noticing method'' for all permit notices under the specific permitting
program.
Alabama revised Chapter 335-3-14, Air Permits and Chapter 335-3-15,
Synthetic Minor Operating Permits, and Chapter 335-3-16, Major Source
Operating Permits, to incorporate EPA's amendments to the federal
public notice regulations discussed above.
Georgia revised Rule 391-3-1-.02(7)(a)1, Prevention of Significant
Deterioration of Air Quality, and Rule 391-3-1-.03(10), Title V
Operating Permits, of Georgia's Rules for Air Quality Control, Chapter
391-3-1, to incorporate EPA's amendments to the federal public notice
regulations, as discussed above.
South Carolina revised Regulation 61-62.5, Standard No. 7,
Prevention of Significant Deterioration, and Regulation 61-62.70, Title
V Operating Permit Program of the South Carolina Air Pollution Control
Regulations and Standards, to incorporate EPA's amendments to the
federal public notice regulations discussed above.
II. 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 Alabama's
Chapter 335-3-14, ``Air Permits'' at 335-3-14-.01, .04, and .05 and
Chapter 335-3-15 ``Synthetic Minor Operating Permits'' at 335-3-15-.05,
which address the public notice rule provisions for the NSR program,
state effective December June 9, 2017; Georgia Rule 391-3-1-.02(7),
Prevention of Significant Deterioration of Air Quality, which addresses
the public notice rule provisions for the NSR program, state effective
July 20, 2017; and South Carolina Regulation 61-62.5, Standard No. 7,
``Prevention of Significant Deterioration,'' which address the public
notice rule provisions for the NSR program, state effective August 25,
2017.\1\ EPA has
[[Page 64286]]
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 by reference in the next update to the SIP compilation.\2\
---------------------------------------------------------------------------
\1\ EPA is taking this opportunity to make administrative
corrections to the entries in the ``Explanation'' columns in 40 CFR
52.50(c) for Alabama Rule 335-3-14-.04; 40 CFR 52.570(c) for Georgia
Rule 391-3-1-.02(7); and 40 CFR 52.2120(c) for South Carolina
Regulation 61-62.5, Standard No. 7 to more clearly reflect the
federally-approved versions of these rules in the states' respective
SIPs.
\2\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is approving the portions of Alabama's May 19, 2017, Georgia's
November 29, 2017, and South Carolina's September 5, 2017, SIP
revisions and the Title V program revisions addressing the public
notice requirements for CAA permitting. EPA has concluded that the
States' submissions meet the plan revisions requirements of CAA section
110 and the SIP requirements of 40 CFR 51.161, 51.165, and 51.166, as
well as the public notice and revisions requirements of 40 CFR 70.4 and
70.7.
IV. Statutory and Executive Order Reviews
In reviewing SIP and Title V submissions, EPA's role is to approve
such submissions, provided that they meet the criteria of the CAA and
EPA's implementing regulations. These actions merely approve state law
as meeting Federal requirements and do not impose additional
requirements beyond those imposed by state law. For that reason, these
actions:
Are not significant regulatory actions 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 Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because the actions are not significant 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 economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions 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).
The SIPs subject to these actions, with the exception of the South
Carolina SIP, are not approved to apply on any Indian reservation land
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rules
regarding SIPs do not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will they
impose substantial direct costs on tribal governments or preempt tribal
law. With respect to the South Carolina SIP, EPA notes that the Catawba
Indian Nation Reservation is located within the boundary of York
County, South Carolina, and 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.'' Thus, the South Carolina SIP applies
to the Catawba Reservation; however, because the action related to
South Carolina is merely modifying public notice provisions for certain
types of air permits issued by SC DHEC, EPA has determined that there
are no substantial direct effects on the Catawba Indian Nation. EPA has
also determined that the action related to South Carolina's SIP will
not impose any substantial direct costs on tribal governments or
preempt tribal law.
Furthermore, the rules regarding Title V Operating Permit programs
do not have tribal implications because they are not approved to apply
to any source of air pollution over which an Indian Tribe has
jurisdiction, nor will these rules 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 February 12, 2019. 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
40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating Permits,
Reporting and recordkeeping requirements.
Dated: November 15, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
[[Page 64287]]
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 B--Alabama
0
2. Section 52.50(c) is amended by:
0
a. Revising under the heading ``Chapter No. 335-3-14 Air Permits'' the
entries for ``Section 335-3-14-.01'', ``Section 335-3-14-.04'',
``Section 335-3-14-.05''; and
0
b. Revising under the heading ``Chapter No. 335-3-15 Synthetic Minor
Operating Permits'' the entry for ``Section 335-3-15-.05''
The revisions read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-14 Air Permits
----------------------------------------------------------------------------------------------------------------
Section 335-3-14-.01............. General Provisions.. 6/9/2017 12/14/2018, [Insert
citation of
publication].
* * * * * * *
Section 335-3-14-.04............. Air Permits 6/9/2017 12/14/2018, [Insert Except for changes
Authorizing citation of to 335-3-14-
Construction in publication]. .04(2)(g)2. and the
Clean Air Areas addition of 335-3-
(Prevention of 14-.04(2)(bbb),
Significant state effective May
Deterioration 29, 2012, which EPA
Permitting (PSD)). proposed to approve
on August 24, 2017.
Except for changes
to 335-3-14-
.04(2)(w)1., state
effective July 11,
2006, which lists a
100 ton per year
significant net
emissions increase
for regulated NSR
pollutants not
otherwise specified
at 335-3-14-
.04(2)(w).
Except for the
significant impact
levels at 335-3-14-
.04(10)(b) which
were withdrawn from
EPA consideration
on October 9, 2014.
Section 335-3-14-.05............. Air Permits 6/9/2017 12/14/2018, [Insert With the exception
Authorizing citation of of: The portion of
Construction in or publication]. 335-3-14-.05(1)(k)
Near Nonattainment stating ``excluding
Areas. ethanol production
facilities that
produce ethanol by
natural
fermentation''; and
335-3-14-.05(2)(c)3
(addressing
fugitive emission
increases and
decreases). Also
with the exception
of the state-
withdrawn elements:
335-3-14-.05(1)(h)
(the actual-to-
potential test for
projects that only
involve existing
emissions units);
the last sentence
at 335-3-14-
.05(3)(g), stating
``Interpollutant
offsets shall be
determined based
upon the following
ratios''; and the
NNSR interpollutant
ratios at 335-3-14-
.05(3)(g)1-4.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-15 Synthetic Minor Operating Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 335-3-15-.05............. Public Participation 6/9/2017 12/14/2018, [Insert ....................
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Subpart L--Georgia
0
3. Section 52.570(c) is amended in the table by revising the entry for
``391-3-1-.02(7)'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
[[Page 64288]]
* * * * * * *
391-3-1-.02(7)................... Prevention of 7/20/2017 12/14/2018, [Insert Except 391-3-1-
Significant citation of .02(7)(a)(2)(iv).
Deterioration of publication]. See March 4, 2016
Air Quality (PSD). publication.
The version of
Georgia Rule 391-3-
1-.02(7) in the SIP
does not
incorporate by
reference: (1) The
provisions amended
in the Ethanol Rule
to exclude
facilities that
produce ethanol
through a natural
fermentation
process from the
definition of
``chemical process
plants'' in the
major NSR source
permitting program
found at 40 CFR
52.21(b)(1)(i)(a)
and (b)(1)(iii)(t),
or (2) the
provisions at 40
CFR 52.21(b)(2)(v)
and (b)(3)(iii)(c)
that were stayed
indefinitely by the
Fugitive Emissions
Interim Rule, see
March 30, 2011
publication.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Subpart PP--South Carolina
0
4. Section 52.2120(c), is amended in the table under ``Regulation No.
62.5 Air Pollution Control Standards'' by revising the entry for
``Standard No. 7'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regulation No. 62.5..............
Standard No. 7................... Prevention of 8/25/2017 12/14/2018, [Insert EPA did not take
Significant citation of action on the
Deterioration. publication]. version of
Regulation 61-62.5,
Standard No. 7,
paragraph
(b)(32)(i)(a) state
effective on
December 27, 2013,
included in a SIP
revision submitted
by the State on
April 10, 2014,
because this
version contains
changes to a phrase
regarding ethanol
production
facilities that is
not in the SIP.
South Carolina
submitted a SIP
revision on April
14, 2009, that
includes the phrase
``except ethanol
production
facilities
producing ethanol
by natural
fermentation under
the North American
Industry
Classification
System (NAICS)
codes 325193 or
312140,'' as
amended in the
Ethanol Rule (May
1, 2007), at
Standard No. 7,
paragraphs
(b)(32)(i)(a),
(b)(32)(iii)(b)(t),
and (i)1(vii)(t)
and at Standard No.
7.1, paragraphs
(c)7(C)(xx) and
(e)(T). EPA has not
taken action to
approve that
portion of the
April 14, 2009, SIP
revision and
incorporate this
phrase into the
SIP. The version of
Standard No. 7,
paragraphs
(b)(32)(i)(a),
(b)(32)(iii)(b)(t),
and (i)1(vii)(t)
and Standard No.
7.1, paragraphs
(c)(7)(C)(xx) and
(e)(T) was state
effective on June
24, 2005 and
conditionally
approved by EPA on
June 2, 2008, and
were fully approved
on June 23, 2011.
Except Regulation 61-
62.5, Standard No.
7(b)(30)(v) and
(b)(34)(iii)(d),
state effective
June 26, 2015,
which were
withdrawn from EPA
consideration on
December 20, 2016.
Except changes to
Regulation 61-62.5,
Standard No.
7(b)(34)(iii)(c),
state effective
June 26, 2015,
which were
withdrawn from EPA
consideration on
June 27, 2017.
Except changes to 61-
62.5, Standard No.
7(b)(34), (w)(1)-
(3), (aa), and
(bb), state
effective August
25, 2017, which EPA
proposed to approve
on September 21,
2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 64289]]
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
5. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
6. Amend appendix A to part 70 by:
0
a. Adding paragraph (a)(3) under the heading ``Alabama'';
0
b. Adding paragraph (d) under the heading ``Georgia''; and
0
c. Adding paragraph (d) under the heading ``South Carolina''.
The additions read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Alabama
(a) * * *
(3) Revisions to Alabama Chapter 335-3-16-.15(4), submitted on
May 19, 2017, to allow for electronic noticing of operating permits,
are approved on November 15, 2018.
* * * * *
Georgia
* * * * *
(d) Revisions to Georgia Rule 391-3-1-.03(10) submitted on
November 29, 2017, to allow for electronic noticing of operating
permits, are approved on November 15, 2018.
* * * * *
South Carolina
* * * * *
(d) Revisions to South Carolina Regulation 61-62.70, submitted
on September 5, 2017, to allow for electronic noticing of operating
permits, are approved on November 15, 2018.
* * * * *
[FR Doc. 2018-26247 Filed 12-13-18; 8:45 am]
BILLING CODE 6560-50-P
