Air Plan Approval; South Carolina; Revisions to Startup, Shutdown, and Malfunction Rules, 62034-62037 [2022-21972]
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Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations
Accountability Office. The changes in
this rule are not expected to result in an
annual effect on the economy of $100
million or more; a major increase in
costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets. Therefore, this rule is
not expected to result in a ‘‘major rule’’
as defined in 5 U.S.C. 804(2).
L. Unfunded Mandates Reform Act of
1995: The changes set forth in this
rulemaking do not involve a Federal
intergovernmental mandate that will
result in the expenditure by State, local,
and tribal governments, in the aggregate,
of $100 million (as adjusted) or more in
any one year, or a Federal private sector
mandate that will result in the
expenditure by the private sector of
$100 million (as adjusted) or more in
any one year, and will not significantly
or uniquely affect small governments.
Therefore, no actions are necessary
under the provisions of the Unfunded
Mandates Reform Act of 1995. See 2
U.S.C. 1501 et seq.
M. National Environmental Policy Act
of 1969: This rulemaking will not have
any effect on the quality of the
environment and is thus categorically
excluded from review under the
National Environmental Policy Act of
1969. See 42 U.S.C. 4321 et seq.
N. National Technology Transfer and
Advancement Act of 1995: The
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) are not applicable because this
rulemaking does not contain provisions
that involve the use of technical
standards.
O. Paperwork Reduction Act of 1995:
This final rule does not involve
information collection requirements that
are subject to review by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to, a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information has a valid OMB control
number.
P. E-Government Act Compliance:
The USPTO is committed to compliance
with the E-Government Act to promote
the use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
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services, and for other purposes. For
information pertinent to E-Government
Act compliance related to this rule,
please contact Justin Isaac, Acting
USPTO Information Collection Officer,
at Information.Collection@uspto.gov or
571–272–7392.
List of Subjects in 37 CFR Part 2
Administrative practice and
procedure, Courts, Lawyers,
Trademarks.
Correction to November 2021 Final
Rule
Effective December 3, 2022, in FR
Doc. 2021–24926, at 86 FR 64300 in the
Federal Register of Wednesday,
November 17, 2021, on page 64325, in
the second column, in amendatory
instruction 3 for § 2.6, paragraph (a)(28)
is corrected to read as follows:
■
§ 2.6
[Corrected]
(a) * * *
(28) Extension of time for filing a
response to an Office action under
§ 2.62(a)(2). (i) For filing a request for an
extension of time for filing a response to
an Office action under § 2.62(a)(2) on
paper—$225.00.
(ii) For filing a request for an
extension of time for filing a response to
an Office action under § 2.62(a)(2) via
TEAS—$125.00.
*
*
*
*
*
For the reasons stated in the preamble
and under the authority contained in 15
U.S.C. 1123 and 35 U.S.C. 2, as
amended, the USPTO amends part 2 of
title 37 as follows:
PART 2—RULES OF PRACTICE IN
TRADEMARK CASES
1. The authority citation for part 2
continues to read as follows:
■
Authority: 15 U.S.C. 1113, 1123; 35 U.S.C.
2; sec. 10, Pub. L. 112–29, 125 Stat. 284; Pub.
L. 116–260, 134 Stat. 1182, unless otherwise
noted. Sec. 2.99 also issued under secs. 16,
17, 60 Stat. 434; 15 U.S.C. 1066, 1067.
2. Effective October 7, 2023, amend
§ 2.6 by revising paragraph (a)(28) to
read as follows:
■
§ 2.6
Trademark fees.
(a) * * *
(28) Extension of time for filing a
response to an Office action under
§ 2.62(a)(2), § 2.163(c), § 2.165(c),
§ 2.176, § 2.184(b)(2), or § 2.186(c). (i)
For filing a request for an extension of
time for filing a response to an Office
action under § 2.62(a)(2), § 2.163(c),
§ 2.165(c), § 2.176, § 2.184(b)(2), or
§ 2.186(c) on paper—$225.00.
(ii) For filing a request for an
extension of time for filing a response to
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an Office action under § 2.62(a)(2),
§ 2.163(c), § 2.165(c), § 2.176,
§ 2.184(b)(2), or § 2.186(c) via TEAS—
$125.00.
*
*
*
*
*
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2022–22217 Filed 10–12–22; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R4–OAR–2022–0226; FRL–10161–02–
R4]
Air Plan Approval; South Carolina;
Revisions to Startup, Shutdown, and
Malfunction Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (SC DHEC), on
November 4, 2016. This revision was
submitted by South Carolina in
response to a finding of substantial
inadequacy and SIP call published by
EPA on June 12, 2015, of provisions in
the South Carolina SIP related to excess
emissions during startup, shutdown,
and malfunction (SSM) events. EPA is
approving the SIP revision and finds
that the revision corrects the
deficiencies identified in the June 12,
2015, SIP call. EPA is also approving
portions of multiple SIP revisions
previously submitted by SC DHEC on
October 1, 2007, July 18, 2011, August
8, 2014, and August 12, 2015, as they
relate to the provisions identified in the
June 12, 2015, SIP call.
DATES: This rule is effective November
14, 2022.
ADDRESSES: EPA has established a
docket for these actions under Docket
Identification No. EPA–R4–OAR–2022–
0226. 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
SUMMARY:
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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 and Radiation 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:
Estelle Bae, Air Permits Section, Air
Planning and Implementation Branch,
Air and Radiation Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Bae can be
reached by telephone at (404) 562–9143
or via electronic mail at bae.estelle@
epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
On August 23, 2022, EPA proposed to
approve portions of multiple SIP
revisions submitted by SC DHEC on
October 1, 2007, July 18, 2011, August
8, 2014, August 12, 2015, and November
17, 2016. See 87 FR 51631. In that
notice of proposed rulemaking (NPRM),
EPA also proposed to determine that the
SIP revision corrects the deficiencies
with respect to the South Carolina SIP
that the Agency identified in the June
12, 2015, action entitled ‘‘State
Implementation Plans: Response to
Petition for Rulemaking; Restatement
and Update of EPA’s SSM Policy
Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to
Amend Provisions Applying to Excess
Emissions During Periods of Startup,
Shutdown, and Malfunction’’ (‘‘2015
SSM SIP Action’’). See 80 FR 33839
(June 12, 2015). The reasons for the
proposed approval and determination
are stated in the August 23, 2022, NPRM
(see 87 FR 51631) and will not be
restated here. The public comment
period for EPA’s proposed approval and
determination ended on September 22,
2022. EPA received one set of comments
in a joint letter submitted by the Sierra
Club and the Environmental Integrity
Project (hereinafter collectively referred
to as the commenter) on September 20,
2022. These comments are available in
the docket for these actions.
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II. Response to Comments
The commenter provided comments
both in support of and adverse to EPA’s
proposed actions. EPA will not address
the comments that express support for
the proposed actions. Instead, this
section of the final rulemaking notice
will focus on the portion of the
September 20, 2022, letter that did not
support the proposed actions.
Comment: The commenter states that
EPA should disapprove or conditionally
approve the revision to South Carolina’s
visible emissions rule at Regulation 61–
62.5, Standard No. 1, Section I.C 1 that
adds an exemption for ‘‘natural gas and
propane fired units’’ from the
requirement that the owner or operator
maintain a startup and shutdown log.
The commenter alleges that burning
these two fuels has the potential to emit
elevated levels of particulate matter
(PM), sulfur oxides (SOX), nitrogen
oxides (NOX), and other pollutants that
may contribute to opacity during SSM
events and that adequate recordkeeping
requirements during startup and
shutdown periods are essential for
determining compliance with the Clean
Air Act (CAA or Act). According to the
commenter, excluding these fuelburning sources from the recordkeeping
requirement undermines the applicable
emission limits in the South Carolina
SIP and ‘‘frustrates’’ federal CAA
enforcement.
Response: EPA disagrees that the
Agency should disapprove or
conditionally approve the addition of an
exemption from the requirement to keep
logs of startups and shutdowns for fuel
burning units that fire only natural gas
and propane in Regulation 61–62.5,
Standard No. 1, Section I.C. The existing
SIP-approved text of Section I.C states:
The opacity standards set forth above do
not apply during startup or shutdown.
Owners and operators shall, to the extent
practicable, maintain and operate any source
including associated air pollution control
equipment in a manner consistent with good
air pollution control practices for minimizing
emissions. In addition, the owner or operator
shall maintain a log of the time, magnitude,
duration and any other pertinent information
to determine periods of startup and
shutdown and make available to the
Department upon request.
In the NPRM, EPA proposed to
approve two revisions to this text. The
first revision, state-effective in 2016,
directly addresses the 2015 SSM SIP
Action by removing the first sentence of
the paragraph, which provides an
1 Section I.C. regulates visible emissions from fuel
burning operations, setting opacity limits from
twenty to sixty percent, depending on the age of the
source and whether emissions are caused by soot
blowing.
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exemption from opacity standards
during startup or shutdown. This
change satisfies EPA’s June 12, 2015,
SIP call for South Carolina regarding
Section I.
The second revision, state-effective in
2011 and 2015,2 inserts the phrase ‘‘of
fuel burning sources except natural gas
and propane fired units’’ following the
word ‘‘operator’’ into the third sentence
of the text. The effect of this change was
to specify that the requirement to
maintain a startup and shutdown log
applies to fuel burning sources but does
not apply to units that fire natural gas
or propane.3
The purpose of the startup and
shutdown recordkeeping requirement in
Section I.C was to identify those periods
when fuel burning sources were exempt
from opacity standards by requiring
sources to log when startup and
shutdown events took place. However,
because EPA is removing that
exemption from the SIP through this
final rulemaking, the opacity limits of
Regulation 61–62.5, Standard No. 1 now
apply at all times. Consequently, the
rule does not differentiate periods of
startup and shutdown from other modes
of operation as related to compliance
with the opacity limits, and therefore a
requirement to keep startup and
shutdown logs is no longer needed for
determining compliance for any
sources, including those that burn fuels
other than natural gas or propane.
Nevertheless, the State has not removed
the requirement for operations that burn
fuels other than natural gas or propane
to maintain startup and shutdown logs.
Additionally, the revision to
Regulation 61–62.5, Standard No. 1,
Section I.C. being approved does not
affect any excess emission
recordkeeping or reporting requirements
under the SIP. For example, facilities
are generally required to obtain
operating permits pursuant to South
Carolina’s Regulation 61–62.1,
‘‘Definitions and General
Requirements,’’ at Section II, ‘‘Permit
Requirements.’’ Section II.C.3 of this
regulation requires sources that are not
required to have continuous emission
monitoring systems (CEMS) to report to
the State, emissions due to equipment
2 The July 18, 2011, submittal revised
subparagraph C of Section I, ‘‘Visible Emissions,’’
by excluding natural gas fired units from the
requirement to maintain a log to determine periods
of startup and shutdown. The August 12, 2015,
submittal further revised the subparagraph adding
propane fired units to the log keeping exception.
3 As noted in the NPRM, EPA included this
revision in an August 16, 2017, direct final
rulemaking notice. However, due to the receipt of
an adverse comment, EPA withdrew the direct final
rule, and thus, the revision remained pending. See
82 FR 47640 (October 13, 2017).
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failures that are greater than those
described for normal operation in the
permit application and that last for one
hour or more. The initial report must be
made within 24 hours of the beginning
of the occurrence of such emissions and
a follow up written report must be made
within 30 days. The written report
covers, among other things, the
magnitude of the excess emissions, the
time and duration of the excess
emissions, and the nature and cause of
the excess emissions. For sources that
are required to operate CEMS, Section
II.C.4 requires regular ‘‘reports as
specified in applicable parts of’’ the
State’s regulations. Also, Regulation 61–
62.5, Standard No. 1, Section IV,
‘‘Opacity Monitoring Requirements,’’
requires semiannual compliance
reporting for sources required to install
and operate continuous opacity
monitoring systems (COMS).4 This
report would require the disclosure of
all instances in which the opacity
provisions of Section I of Standard No.
1 have been exceeded and include an
account of the nature and cause of the
excess visible emissions.
The Agency acknowledges the
commenter’s concern that burning
natural gas and propane emits
pollutants that have the potential to
contribute to visible emissions.
However, visible emissions concerns
from the burning of natural gas and
propane are minor relative to other
available fuels. Firing these two fuels is
typically associated with few
monitoring requirements, if any. See,
e.g., 40 CFR part 63, subpart DDDDD, 40
CFR part 60, subpart Da, and 40 CFR
part 75. Notwithstanding this fact,
excess emissions are required to be
reported in the manner just described.
For the reasons stated above and in the
NPRM, EPA is finalizing its approval of
this change to 61–62.5, Standard No. 1,
Section I.C.
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III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, and as discussed in Section
I of this preamble, EPA is finalizing the
incorporation by reference into the
South Carolina SIP of Regulation 61–
62.1, Section II.L, ‘‘Emergency
Provisions,’’ which regulates permit
requirements to document emergencies,
4 Sources that fire only gaseous fuel would be
exempt from the COMS requirements and instead
would be subject to the excess emissions reporting
established via permitting at Regulation 61–62.1,
Section II.C.
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State effective on September 23, 2016; 5
Regulation 61–62.5, Standard No. 1,
Section I, ‘‘Visible Emissions,’’ which
regulates visible emissions from fuel
burning operations, State effective on
September 23, 2016; and Regulation 61–
62.5, Standard No. 4, Section XI, ‘‘Total
Reduced Sulfur (TRS) Emissions of
Kraft Pulp Mills,’’ which regulates
emissions of total reduced sulfur at
Kraft pulp mills, State effective on
September 23, 2016. EPA has made, and
will continue to make, these materials
generally available through https://
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.6
III. Final Actions
EPA is approving South Carolina’s
November 4, 2016, SIP submission with
respect to Regulation 61–62.1, Section
II.L; Regulation 61–62.5, Standard No. 1,
Section I.C; and Regulation 61–62.5,
Standard No. 4, Section XI.D.4. EPA is
also approving portions of the October
1, 2007, July 18, 2011, August 8, 2014,
and August 12, 2015, South Carolina
SIP submissions that seek revisions to
these provisions, as specified in Section
II of the July 26, 2022, NPRM. EPA has
also determined that these SIP revisions
correct the deficiencies identified in the
2015 SSM SIP Action and fully satisfy
South Carolina’s obligations with
respect to the SIP call included in the
2015 SSM SIP Action.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
5 The remaining portions of Regulation 61–62.1,
Section II, retain the June 24, 2005, State effective
date, as currently approved in the South Carolina
SIP under 40 CFR 52.2120(c). Additionally,
although Section II.G of Regulation 61–62.1 retains
the June 24, 2005, State effective date, paragraph
G.6 specifically is being removed from the South
Carolina SIP because it is being recodified as
Section II.L of Regulation 61–62.1. These changes
are explained in more detail in Section II.A of the
August 23, 2022, NPRM.
6 See 62 FR 27968 (May 22, 1997).
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EPA’s role is to approve state choices,
provided they meet the criteria of the
CAA. Accordingly, these actions merely
approve removal of State law not
meeting Federal requirements and do
not impose additional requirements
beyond those already 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);
• 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).
Because these final actions merely
approve state law as meeting Federal
requirements and do not impose
additional requirements beyond those
imposed by state law, these final actions
for the State of South Carolina do not
have Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). Therefore, these
actions will not impose substantial
direct costs on Tribal governments or
preempt Tribal law. The Catawba Indian
Nation (CIN) 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 (Settlement Act), ‘‘all
state and local environmental laws and
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regulations apply to the Catawba Indian
Nation and Reservation and are fully
enforceable by all relevant state and
local agencies and authorities.’’ The CIN
also retains authority to impose
regulations applying higher
environmental standards to the
Reservation than those imposed by state
law or local governing bodies, in
accordance with the Settlement Act.
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 these actions 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. These actions are 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 these
actions must be filed in the United
States Court of Appeals for the
appropriate circuit by December 12,
2022. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of these actions 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(s). These actions may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2) of the CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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(c), amend the table by:
a. Under the undesignated heading
‘‘Regulation No. 62.1,’’ revise the entry
for ‘‘Section II’’; and
■ b. Under the undesignated heading
‘‘Regulation No. 62.5’’:
■ i. Under ‘‘Standard No. 1,’’ revise the
entry for ‘‘Section I’’; and
■ ii. Under ‘‘Standard No. 4,’’ revise the
entry for ‘‘Section XI’’.
The revisions read as follows:
■
■
§ 52.2120
*
Daniel Blackman,
Regional Administrator, Region 4.
Identification of plan.
*
*
(c) * * *
*
*
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
EPA-APPROVED SOUTH CAROLINA REGULATIONS
State citation
Regulation No. 62.1
Definitions and General Requirements.
*
Section II .................
*
*
Permit Requirements .............
*
Regulation No. 62.5
*
*
Air Pollution Control Standards.
Emission from Fuel Burning
Operations.
Visible Emissions ...................
Standard No. 1 .......
Section I ..................
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State
effective
date
Title/subject
*
Standard No. 4 .......
*
*
Emissions from Process Industries.
*
Section XI ...............
*
*
Total Reduced Sulfur Emissions of Kraft Pulp Mills.
*
*
*
*
*
*
*
6/24/2005
EPA approval date
Explanation
*
6/2/2008, 73 FR 31369
*
*
Except for Section II.L, approved on October
13, 2022 with a state effective date of September 23, 2016.
*
9/23/2016
*
*
9/23/2016
*
*
10/13/2022, [Insert citation of publication].
*
*
*
[FR Doc. 2022–21972 Filed 10–12–22; 8:45 am]
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10/13/2022, [Insert citation of publication].
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]]>Agencies
[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Rules and Regulations]
[Pages 62034-62037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21972]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R4-OAR-2022-0226; FRL-10161-02-R4]
Air Plan Approval; South Carolina; Revisions to Startup,
Shutdown, and Malfunction Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of South
Carolina, through the South Carolina Department of Health and
Environmental Control (SC DHEC), on November 4, 2016. This revision was
submitted by South Carolina in response to a finding of substantial
inadequacy and SIP call published by EPA on June 12, 2015, of
provisions in the South Carolina SIP related to excess emissions during
startup, shutdown, and malfunction (SSM) events. EPA is approving the
SIP revision and finds that the revision corrects the deficiencies
identified in the June 12, 2015, SIP call. EPA is also approving
portions of multiple SIP revisions previously submitted by SC DHEC on
October 1, 2007, July 18, 2011, August 8, 2014, and August 12, 2015, as
they relate to the provisions identified in the June 12, 2015, SIP
call.
DATES: This rule is effective November 14, 2022.
ADDRESSES: EPA has established a docket for these actions under Docket
Identification No. EPA-R4-OAR-2022-0226. 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
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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 and Radiation 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: Estelle Bae, Air Permits Section, Air
Planning and Implementation Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. Ms. Bae can be reached by telephone at
(404) 562-9143 or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 23, 2022, EPA proposed to approve portions of multiple
SIP revisions submitted by SC DHEC on October 1, 2007, July 18, 2011,
August 8, 2014, August 12, 2015, and November 17, 2016. See 87 FR
51631. In that notice of proposed rulemaking (NPRM), EPA also proposed
to determine that the SIP revision corrects the deficiencies with
respect to the South Carolina SIP that the Agency identified in the
June 12, 2015, action entitled ``State Implementation Plans: Response
to Petition for Rulemaking; Restatement and Update of EPA's SSM Policy
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls
to Amend Provisions Applying to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction'' (``2015 SSM SIP Action''). See 80
FR 33839 (June 12, 2015). The reasons for the proposed approval and
determination are stated in the August 23, 2022, NPRM (see 87 FR 51631)
and will not be restated here. The public comment period for EPA's
proposed approval and determination ended on September 22, 2022. EPA
received one set of comments in a joint letter submitted by the Sierra
Club and the Environmental Integrity Project (hereinafter collectively
referred to as the commenter) on September 20, 2022. These comments are
available in the docket for these actions.
II. Response to Comments
The commenter provided comments both in support of and adverse to
EPA's proposed actions. EPA will not address the comments that express
support for the proposed actions. Instead, this section of the final
rulemaking notice will focus on the portion of the September 20, 2022,
letter that did not support the proposed actions.
Comment: The commenter states that EPA should disapprove or
conditionally approve the revision to South Carolina's visible
emissions rule at Regulation 61-62.5, Standard No. 1, Section I.C \1\
that adds an exemption for ``natural gas and propane fired units'' from
the requirement that the owner or operator maintain a startup and
shutdown log. The commenter alleges that burning these two fuels has
the potential to emit elevated levels of particulate matter (PM),
sulfur oxides (SOX), nitrogen oxides (NOX), and
other pollutants that may contribute to opacity during SSM events and
that adequate recordkeeping requirements during startup and shutdown
periods are essential for determining compliance with the Clean Air Act
(CAA or Act). According to the commenter, excluding these fuel-burning
sources from the recordkeeping requirement undermines the applicable
emission limits in the South Carolina SIP and ``frustrates'' federal
CAA enforcement.
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\1\ Section I.C. regulates visible emissions from fuel burning
operations, setting opacity limits from twenty to sixty percent,
depending on the age of the source and whether emissions are caused
by soot blowing.
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Response: EPA disagrees that the Agency should disapprove or
conditionally approve the addition of an exemption from the requirement
to keep logs of startups and shutdowns for fuel burning units that fire
only natural gas and propane in Regulation 61-62.5, Standard No. 1,
Section I.C. The existing SIP-approved text of Section I.C states:
The opacity standards set forth above do not apply during
startup or shutdown. Owners and operators shall, to the extent
practicable, maintain and operate any source including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. In addition,
the owner or operator shall maintain a log of the time, magnitude,
duration and any other pertinent information to determine periods of
startup and shutdown and make available to the Department upon
request.
In the NPRM, EPA proposed to approve two revisions to this text.
The first revision, state-effective in 2016, directly addresses the
2015 SSM SIP Action by removing the first sentence of the paragraph,
which provides an exemption from opacity standards during startup or
shutdown. This change satisfies EPA's June 12, 2015, SIP call for South
Carolina regarding Section I.
The second revision, state-effective in 2011 and 2015,\2\ inserts
the phrase ``of fuel burning sources except natural gas and propane
fired units'' following the word ``operator'' into the third sentence
of the text. The effect of this change was to specify that the
requirement to maintain a startup and shutdown log applies to fuel
burning sources but does not apply to units that fire natural gas or
propane.\3\
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\2\ The July 18, 2011, submittal revised subparagraph C of
Section I, ``Visible Emissions,'' by excluding natural gas fired
units from the requirement to maintain a log to determine periods of
startup and shutdown. The August 12, 2015, submittal further revised
the subparagraph adding propane fired units to the log keeping
exception.
\3\ As noted in the NPRM, EPA included this revision in an
August 16, 2017, direct final rulemaking notice. However, due to the
receipt of an adverse comment, EPA withdrew the direct final rule,
and thus, the revision remained pending. See 82 FR 47640 (October
13, 2017).
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The purpose of the startup and shutdown recordkeeping requirement
in Section I.C was to identify those periods when fuel burning sources
were exempt from opacity standards by requiring sources to log when
startup and shutdown events took place. However, because EPA is
removing that exemption from the SIP through this final rulemaking, the
opacity limits of Regulation 61-62.5, Standard No. 1 now apply at all
times. Consequently, the rule does not differentiate periods of startup
and shutdown from other modes of operation as related to compliance
with the opacity limits, and therefore a requirement to keep startup
and shutdown logs is no longer needed for determining compliance for
any sources, including those that burn fuels other than natural gas or
propane. Nevertheless, the State has not removed the requirement for
operations that burn fuels other than natural gas or propane to
maintain startup and shutdown logs.
Additionally, the revision to Regulation 61-62.5, Standard No. 1,
Section I.C. being approved does not affect any excess emission
recordkeeping or reporting requirements under the SIP. For example,
facilities are generally required to obtain operating permits pursuant
to South Carolina's Regulation 61-62.1, ``Definitions and General
Requirements,'' at Section II, ``Permit Requirements.'' Section II.C.3
of this regulation requires sources that are not required to have
continuous emission monitoring systems (CEMS) to report to the State,
emissions due to equipment
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failures that are greater than those described for normal operation in
the permit application and that last for one hour or more. The initial
report must be made within 24 hours of the beginning of the occurrence
of such emissions and a follow up written report must be made within 30
days. The written report covers, among other things, the magnitude of
the excess emissions, the time and duration of the excess emissions,
and the nature and cause of the excess emissions. For sources that are
required to operate CEMS, Section II.C.4 requires regular ``reports as
specified in applicable parts of'' the State's regulations. Also,
Regulation 61-62.5, Standard No. 1, Section IV, ``Opacity Monitoring
Requirements,'' requires semiannual compliance reporting for sources
required to install and operate continuous opacity monitoring systems
(COMS).\4\ This report would require the disclosure of all instances in
which the opacity provisions of Section I of Standard No. 1 have been
exceeded and include an account of the nature and cause of the excess
visible emissions.
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\4\ Sources that fire only gaseous fuel would be exempt from the
COMS requirements and instead would be subject to the excess
emissions reporting established via permitting at Regulation 61-
62.1, Section II.C.
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The Agency acknowledges the commenter's concern that burning
natural gas and propane emits pollutants that have the potential to
contribute to visible emissions. However, visible emissions concerns
from the burning of natural gas and propane are minor relative to other
available fuels. Firing these two fuels is typically associated with
few monitoring requirements, if any. See, e.g., 40 CFR part 63, subpart
DDDDD, 40 CFR part 60, subpart Da, and 40 CFR part 75. Notwithstanding
this fact, excess emissions are required to be reported in the manner
just described. For the reasons stated above and in the NPRM, EPA is
finalizing its approval of this change to 61-62.5, Standard No. 1,
Section I.C.
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, and as discussed in Section I of this preamble, EPA is
finalizing the incorporation by reference into the South Carolina SIP
of Regulation 61-62.1, Section II.L, ``Emergency Provisions,'' which
regulates permit requirements to document emergencies, State effective
on September 23, 2016; \5\ Regulation 61-62.5, Standard No. 1, Section
I, ``Visible Emissions,'' which regulates visible emissions from fuel
burning operations, State effective on September 23, 2016; and
Regulation 61-62.5, Standard No. 4, Section XI, ``Total Reduced Sulfur
(TRS) Emissions of Kraft Pulp Mills,'' which regulates emissions of
total reduced sulfur at Kraft pulp mills, State effective on September
23, 2016. EPA has made, and will continue to make, these materials
generally available through https://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.\6\
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\5\ The remaining portions of Regulation 61-62.1, Section II,
retain the June 24, 2005, State effective date, as currently
approved in the South Carolina SIP under 40 CFR 52.2120(c).
Additionally, although Section II.G of Regulation 61-62.1 retains
the June 24, 2005, State effective date, paragraph G.6 specifically
is being removed from the South Carolina SIP because it is being
recodified as Section II.L of Regulation 61-62.1. These changes are
explained in more detail in Section II.A of the August 23, 2022,
NPRM.
\6\ See 62 FR 27968 (May 22, 1997).
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III. Final Actions
EPA is approving South Carolina's November 4, 2016, SIP submission
with respect to Regulation 61-62.1, Section II.L; Regulation 61-62.5,
Standard No. 1, Section I.C; and Regulation 61-62.5, Standard No. 4,
Section XI.D.4. EPA is also approving portions of the October 1, 2007,
July 18, 2011, August 8, 2014, and August 12, 2015, South Carolina SIP
submissions that seek revisions to these provisions, as specified in
Section II of the July 26, 2022, NPRM. EPA has also determined that
these SIP revisions correct the deficiencies identified in the 2015 SSM
SIP Action and fully satisfy South Carolina's obligations with respect
to the SIP call included in the 2015 SSM SIP Action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 they meet the criteria of the CAA. Accordingly, these actions
merely approve removal of State law not meeting Federal requirements
and do not impose additional requirements beyond those already 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);
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).
Because these final actions merely approve state law as meeting
Federal requirements and do not impose additional requirements beyond
those imposed by state law, these final actions for the State of South
Carolina do not have Tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). Therefore, these actions
will not impose substantial direct costs on Tribal governments or
preempt Tribal law. The Catawba Indian Nation (CIN) 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
(Settlement Act), ``all state and local environmental laws and
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regulations apply to the Catawba Indian Nation and Reservation and are
fully enforceable by all relevant state and local agencies and
authorities.'' The CIN also retains authority to impose regulations
applying higher environmental standards to the Reservation than those
imposed by state law or local governing bodies, in accordance with the
Settlement Act.
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 these actions 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. These actions are 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 these actions must be filed in the United States Court of Appeals
for the appropriate circuit by December 12, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions 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(s). These actions may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2) of the CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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(c), amend the table by:
0
a. Under the undesignated heading ``Regulation No. 62.1,'' revise the
entry for ``Section II''; and
0
b. Under the undesignated heading ``Regulation No. 62.5'':
0
i. Under ``Standard No. 1,'' revise the entry for ``Section I''; and
0
ii. Under ``Standard No. 4,'' revise the entry for ``Section XI''.
The revisions read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
EPA-Approved South Carolina Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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Regulation No. 62.1........... Definitions and
General
Requirements.
* * * * * * *
Section II.................... Permit Requirements. 6/24/2005 6/2/2008, 73 FR Except for Section
31369. II.L, approved on
October 13, 2022
with a state
effective date of
September 23, 2016.
* * * * * * *
Regulation No. 62.5........... Air Pollution
Control Standards.
Standard No. 1................ Emission from Fuel
Burning Operations.
Section I..................... Visible Emissions... 9/23/2016 10/13/2022, [Insert
citation of
publication].
* * * * * * *
Standard No. 4................ Emissions from
Process Industries.
* * * * * * *
Section XI.................... Total Reduced Sulfur 9/23/2016 10/13/2022, [Insert
Emissions of Kraft citation of
Pulp Mills. publication].
* * * * * * *
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[FR Doc. 2022-21972 Filed 10-12-22; 8:45 am]
BILLING CODE 6560-50-P
