Air Plan Approval; South Carolina: New Source Review Updates, 57358-57361 [2023-18120]
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes. If you
believe this rule has implications for
federalism or Indian Tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishment of a temporary moving
safety zone for navigable waters of the
La Quinta Channel between gated pair
lights 11 and 12 to the Sea buoy. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by the rig NFE PIONEER I while
it is towed from Kiewit Offshore
Services. It is categorically excluded
from further review under paragraph
L60(c), in Appendix A, Table 1 of DHS
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Instruction Manual 023–01–001–01,
Rev. 1.
Marine Information Broadcasts as
appropriate.
G. Protest Activities
M.A. Cintron,
Captain, U.S. Coast Guard, Acting Captain
of the Port Sector Corpus Christi.
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C 70034, 70051; 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0705 to read as
follows:
■
§ 165.T08–0705 Safety Zone; La Quinta
and Corpus Christi Shipping Channel,
Ingleside, TX.
(a) Location. The following area is a
safety zone: all navigable waters of the
La Quinta Channel between gated pair
lights 11 and 12 to the Sea buoy. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Corpus Christi (COTP) or a
designated representative.
(b) Enforcement period. This section
will be enforced from 6 a.m. to 6 p.m.
from August 21, 2023, through August
26, 2023.
(c) Regulations. (1) According to the
general regulations in § 165.23 of this
part, entry into this temporary moving
safety zone is prohibited unless
authorized by the COTP or a designated
representative. They may be contacted
on Channel 16 VHF–FM (156.8 MHz) or
by telephone at 361–939–0450.
(2) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
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[FR Doc. 2023–18124 Filed 8–21–23; 4:15 pm]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0397; FRL–10011–
02–R4]
Air Plan Approval; South Carolina:
New Source Review Updates
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a State Implementation Plan (SIP)
revision submitted by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (hereinafter
referred to as SC DHEC or South
Carolina) via a letter dated February 3,
2022. The SIP revision updates portions
of South Carolina’s Prevention of
Significant Deterioration (PSD) and
Nonattainment New Source Review
(NNSR) regulations, including changes
to reflect the regulation of greenhouse
gases (GHGs) pursuant to the Tailoring
Rule and updates promulgated in the
recent NSR Corrections Rule. With the
exception of the Project Emissions
Accounting provisions, which EPA
expects to act on in a separate final rule,
EPA is approving these revisions
pursuant to the Clean Air Act (CAA or
Act) and implementing Federal
regulations.
DATES: This rule is effective September
22, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0397. 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,
SUMMARY:
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
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:
Pearlene Williams-Miles, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9144. Ms. Williams-Miles can
also be reached via electronic mail at
WilliamsMiles.Pearlene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. This Action
In this final rule, EPA is approving
into the South Carolina SIP updated
PSD and NNSR rules. Specifically, EPA
is approving the incorporation by
reference of South Carolina’s Regulation
61–62.5, Standard No. 7—Prevention of
Significant Deterioration, State effective
on November 26, 2021, except for
paragraphs (A)(2)(d)(vi) and
(A)(2)(d)(vii) related to Project
Emissions Accounting into South
Carolina’s SIP. EPA is also finalizing the
incorporation by reference of South
Carolina’s Regulation 61–62.5, Standard
No. 7.1—Nonattainment New Source
Review, State effective on November 26,
2021, into South Carolina’s SIP except
for paragraphs (A)(8) and (A)(9) related
to Project Emissions Accounting and the
portions of paragraphs (A)(11)(t) and
(B)(22)(c)(xx) related to the Ethanol Rule
Provisions.
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II. Background
As described in the notice of
proposed rulemaking (NPRM) published
on July 26, 2022,1 over time, EPA has
updated its NNSR and PSD permitting
minimum requirements for State
implementation plans at 40 CFR 51.165
and 51.166, respectively, and States and
localities are required to update their
SIP-approved rules to ensure
consistency with these Federal rules.2
Collectively, EPA commonly refers to its
NNSR and PSD permitting programs as
1 See
87 FR 44314.
time, EPA has also updated its
corresponding PSD and NNSR rules at 40 CFR 52.21
and 40 CFR part 51, appendix S.
2 Over
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the major ‘‘new source review,’’ or NSR,
permitting programs.
EPA last approved updates to South
Carolina’s SIP-approved major NSR
regulations on October 28, 2021, by
acting on an April 24, 2020, submittal
from the State. See 86 FR 59646. Since
the time of South Carolina’s April 24,
2020, submittal, EPA has updated the
Federal major NSR regulations to clarify
the Project Emissions Accounting
provisions and to correct certain errors
in the NSR regulations that had
accumulated over time.3
On February 3, 2022, SC DHEC
submitted SIP revisions to EPA for
approval that included changes to South
Carolina’s major NSR permitting
regulations to align them with recent
updates to Federal requirements for PSD
and NNSR permitting.4 Specifically,
these changes update South Carolina’s
Regulation 61–62.5, Standard No. 7—
Prevention of Significant Deterioration,
and Standard No. 7.1—Nonattainment
New Source Review.5 The State’s
February 3, 2022, SIP submittal
incorporates into the South Carolina SIP
updated PSD provisions related to the
regulation of GHGs pursuant to the
Tailoring Rule,6 which was previously
implemented in South Carolina through
legislative action (South Carolina Joint
Resolution H4888 (2010)). The State’s
February 3, 2022, SIP submittal also
incorporates changes promulgated in
EPA’s November 24, 2020, Project
Emissions Accounting Rule 7 and in
EPA’s July 19, 2021, NSR Corrections
Rule.8
Through the July 26, 2022, NPRM,
EPA proposed to approve these changes
as meeting the requirements of the
Federal PSD and NNSR programs and as
being consistent with the CAA.
3 The ‘‘Prevention of Significant Deterioration
(PSD) and Nonattainment New Source Review
(NNSR): Project Emissions Accounting’’ rule was
finalized on November 24, 2020. See 85 FR 74890
(hereinafter ‘‘Project Emissions Accounting Rule’’).
4 EPA notes that the February 3, 2022, submittal
was received by EPA on February 4, 2022. For
clarity, EPA will refer to this submittal based on the
date of the letter.
5 EPA notes that under the February 3, 2022,
cover letter, SC DHEC also submitted updates to the
following State Regulations: 61–62.60, South
Carolina Designated Facility Plan and New Source
Performance Standards; Regulation 61–62.63,
National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Source Categories; and
Regulation 61–62.70, Title V Operating Permit
Program. However, South Carolina explains in the
February 3, 2022, cover letter that these regulations
are not part of the SIP, and they are not being
requested for approval by EPA into the South
Carolina SIP at this time.
6 ‘‘Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule.’’ See 75 FR
31514 (June 3, 2010).
7 See 85 FR 74890 (November 24, 2020).
8 See 86 FR 37918 (July 19, 2021).
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57359
However, EPA excluded a portion of
paragraphs (A)(11)(t) and (B)(22)(c)(xx)
as they relate to the Ethanol Rule
Provisions, found in Regulation 61–
62.5, Standard No. 7.1, from the
proposed approval. Additional details
on South Carolina’s February 3, 2022,
revisions and EPA’s analysis of the
changes can be found in the July 26,
2022, NPRM. Comments on the July 26,
2022, NPRM were due on or before
August 25, 2022.
III. Response to Comments
EPA received comments on the July
26, 2022, NPRM, which are included in
the docket of this rulemaking. The
comments arrived in a letter dated
August 25, 2022, and originate from one
Commenter, Center for Biological
Diversity. The Commenter provided
supplemental documentation to support
the comments submitted. The comments
generally oppose incorporating the
Federal Project Emission Accounting
provisions at 40 CFR 51.165 and 51.166
within the February 3, 2022,
submission.
EPA is not finalizing adoption of the
Project Emissions Accounting
provisions into South Carolina’s SIP in
this action.9 Therefore, EPA is not
responding to these comments at this
time. EPA expects to take final action on
the Project Emissions Accounting
provisions contained within SC DHEC’s
submittal in a separate final rule and to
respond to these comments in that
action.
IV. 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 sections
I and II of this preamble, EPA is
finalizing the incorporation by reference
of South Carolina’s Regulation 61–62.5,
Standard No. 7—Prevention of
Significant Deterioration, State effective
on November 26, 2021, except for
paragraphs (A)(2)(d)(vi) and
(A)(2)(d)(vii) related to Project
Emissions Accounting. EPA is also
finalizing the incorporation by reference
of South Carolina’s Regulation 61–62.5,
Standard No. 7.1—Nonattainment New
Source Review, State effective on
November 26, 2021, except for
paragraphs (A)(8) and (A)(9) related to
9 These provisions are contained in Regulation
61–62.5, Standard 7, section (A)(2)(d)(vi) (revising
hybrid test in PSD rules); Regulation 61–62.5,
Standard 7, section (A)(2)(d)(vii) (defining ‘‘sum of
the difference’’ in PSD rules); Regulation 61–62.5,
Standard 7.1, section (A)(8) (setting forth hybrid test
in NNSR rules); Regulation 61–62.5, Standard 7.1,
section (A)(9) (defining ‘‘sum of the difference’’ in
NNSR rules).
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
Project Emissions Accounting and the
portions of paragraphs (A)(11)(t) and
(B)(22)(c)(xx) related to the Ethanol Rule
Provisions. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.10
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V. Final Action
EPA is approving, with the exceptions
noted, the changes to the South Carolina
Regulation 61–62.5, Standards No. 7—
Prevention of Significant Deterioration,
and Standard No. 7.1—Nonattainment
New Source Review, both State effective
on November 26, 2021. These changes
were submitted by South Carolina on
February 3, 2022.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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 that they meet the criteria of
the CAA. Accordingly, this action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
10 See
62 FR 27968 (May 22, 1997).
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in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
Because this final rule merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law, this final rule for
the State of South Carolina does not
have Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). Therefore, this
action 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
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.
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
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environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
SC DHEC did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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 October 23, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation byreference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 17, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations
§ 52.2120
62.5’’ by revising the entries for
‘‘Standard No. 7’’ and ‘‘Standard No.
7.1’’ to read as follows:
Subpart PP—South Carolina
2. In § 52.2120(c), amend the table
under the heading ‘‘Regulation No.
■
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED SOUTH CAROLINA LAWS AND REGULATIONS
Title/subject
State effective
date
EPA approval
date
*
Regulation No.
62.5.
*
Air Pollution
Control Standards.
*
........................
*
...........................
*
Standard No. 7 ..
*
Prevention of
Significant Deterioration.
Nonattainment
New Source
Review.
*
11/26/2021
State citation
Standard No. 7.1
*
*
*
11/26/2021
*
*
*
Explanation
*
8/23/2023, [Insert citation of
publication].
8/23/2023, [Insert citation of
publication].
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0682; FRL–10126–
02–R9]
Except for the ethanol production facilities exclusion in paragraphs
(A)(11)(t) and (B)(22)(c)(xx) and the project emissions accounting
provisions at paragraphs (A)(8) and (A)(9).
*
*
This rule is effective September
22, 2023.
DATES:
Air Plan Approval; California; San
Diego County Air Pollution Control
District; Oxides of Nitrogen
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0682. All
documents in the docket are listed on
the https://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 through https://
www.regulations.gov, or please contact
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the San Diego
County Air Pollution Control District
(SDCAPCD) portion of the California
State Implementation Plan (SIP). The
California Air Resources Board (CARB)
submitted the rule, on behalf of
SDCAPCD, to the EPA as part of the
requirement to implement major source
SUMMARY:
*
*
*
*
Except for the project emissions accounting provisions at paragraphs
(A)(2)(d)(vi) and (A)(2)(d)(vii).
reasonable available control technology
(RACT) for emissions of oxides of
nitrogen (NOX) for the San Diego County
ozone nonattainment area. This revision
concerns NOX emissions from boilers,
process heaters, and steam generators.
We are approving a local rule to regulate
these emission sources under the Clean
Air Act (CAA or the ‘‘Act’’).
*
[FR Doc. 2023–18120 Filed 8–22–23; 8:45 am]
*
*
*
the person identified in the FOR FURTHER
section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: La
Kenya Evans-Hopper, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3245 or by
email at evanshopper.lakenya@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
INFORMATION CONTACT
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On January 30, 2023 (88 FR 5833), the
EPA proposed to approve the following
rule into the California SIP.
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
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SDCAPCD ........
Rule title
69.2.2
Medium Boilers, Process Heaters, and Steam Generators .........................
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
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II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received three
comments, two of which were
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Submitted
03/09/22
submitted by the same commenter. The
full text of all three comments is
available in the docket for this
rulemaking. The comments were
broadly supportive of SIPs, in the
general sense, as a necessary tool to
E:\FR\FM\23AUR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Rules and Regulations]
[Pages 57358-57361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18120]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0397; FRL-10011-02-R4]
Air Plan Approval; South Carolina: New Source Review Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a State Implementation Plan (SIP) revision submitted by the
State of South Carolina, through the South Carolina Department of
Health and Environmental Control (hereinafter referred to as SC DHEC or
South Carolina) via a letter dated February 3, 2022. The SIP revision
updates portions of South Carolina's Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NNSR)
regulations, including changes to reflect the regulation of greenhouse
gases (GHGs) pursuant to the Tailoring Rule and updates promulgated in
the recent NSR Corrections Rule. With the exception of the Project
Emissions Accounting provisions, which EPA expects to act on in a
separate final rule, EPA is approving these revisions pursuant to the
Clean Air Act (CAA or Act) and implementing Federal regulations.
DATES: This rule is effective September 22, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0397. 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,
[[Page 57359]]
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: Pearlene Williams-Miles, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air and Radiation Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-9144. Ms. Williams-Miles can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. This Action
In this final rule, EPA is approving into the South Carolina SIP
updated PSD and NNSR rules. Specifically, EPA is approving the
incorporation by reference of South Carolina's Regulation 61-62.5,
Standard No. 7--Prevention of Significant Deterioration, State
effective on November 26, 2021, except for paragraphs (A)(2)(d)(vi) and
(A)(2)(d)(vii) related to Project Emissions Accounting into South
Carolina's SIP. EPA is also finalizing the incorporation by reference
of South Carolina's Regulation 61-62.5, Standard No. 7.1--Nonattainment
New Source Review, State effective on November 26, 2021, into South
Carolina's SIP except for paragraphs (A)(8) and (A)(9) related to
Project Emissions Accounting and the portions of paragraphs (A)(11)(t)
and (B)(22)(c)(xx) related to the Ethanol Rule Provisions.
II. Background
As described in the notice of proposed rulemaking (NPRM) published
on July 26, 2022,\1\ over time, EPA has updated its NNSR and PSD
permitting minimum requirements for State implementation plans at 40
CFR 51.165 and 51.166, respectively, and States and localities are
required to update their SIP-approved rules to ensure consistency with
these Federal rules.\2\ Collectively, EPA commonly refers to its NNSR
and PSD permitting programs as the major ``new source review,'' or NSR,
permitting programs.
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\1\ See 87 FR 44314.
\2\ Over time, EPA has also updated its corresponding PSD and
NNSR rules at 40 CFR 52.21 and 40 CFR part 51, appendix S.
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EPA last approved updates to South Carolina's SIP-approved major
NSR regulations on October 28, 2021, by acting on an April 24, 2020,
submittal from the State. See 86 FR 59646. Since the time of South
Carolina's April 24, 2020, submittal, EPA has updated the Federal major
NSR regulations to clarify the Project Emissions Accounting provisions
and to correct certain errors in the NSR regulations that had
accumulated over time.\3\
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\3\ The ``Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NNSR): Project Emissions
Accounting'' rule was finalized on November 24, 2020. See 85 FR
74890 (hereinafter ``Project Emissions Accounting Rule'').
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On February 3, 2022, SC DHEC submitted SIP revisions to EPA for
approval that included changes to South Carolina's major NSR permitting
regulations to align them with recent updates to Federal requirements
for PSD and NNSR permitting.\4\ Specifically, these changes update
South Carolina's Regulation 61-62.5, Standard No. 7--Prevention of
Significant Deterioration, and Standard No. 7.1--Nonattainment New
Source Review.\5\ The State's February 3, 2022, SIP submittal
incorporates into the South Carolina SIP updated PSD provisions related
to the regulation of GHGs pursuant to the Tailoring Rule,\6\ which was
previously implemented in South Carolina through legislative action
(South Carolina Joint Resolution H4888 (2010)). The State's February 3,
2022, SIP submittal also incorporates changes promulgated in EPA's
November 24, 2020, Project Emissions Accounting Rule \7\ and in EPA's
July 19, 2021, NSR Corrections Rule.\8\
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\4\ EPA notes that the February 3, 2022, submittal was received
by EPA on February 4, 2022. For clarity, EPA will refer to this
submittal based on the date of the letter.
\5\ EPA notes that under the February 3, 2022, cover letter, SC
DHEC also submitted updates to the following State Regulations: 61-
62.60, South Carolina Designated Facility Plan and New Source
Performance Standards; Regulation 61-62.63, National Emission
Standards for Hazardous Air Pollutants (NESHAP) for Source
Categories; and Regulation 61-62.70, Title V Operating Permit
Program. However, South Carolina explains in the February 3, 2022,
cover letter that these regulations are not part of the SIP, and
they are not being requested for approval by EPA into the South
Carolina SIP at this time.
\6\ ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule.'' See 75 FR 31514 (June 3, 2010).
\7\ See 85 FR 74890 (November 24, 2020).
\8\ See 86 FR 37918 (July 19, 2021).
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Through the July 26, 2022, NPRM, EPA proposed to approve these
changes as meeting the requirements of the Federal PSD and NNSR
programs and as being consistent with the CAA. However, EPA excluded a
portion of paragraphs (A)(11)(t) and (B)(22)(c)(xx) as they relate to
the Ethanol Rule Provisions, found in Regulation 61-62.5, Standard No.
7.1, from the proposed approval. Additional details on South Carolina's
February 3, 2022, revisions and EPA's analysis of the changes can be
found in the July 26, 2022, NPRM. Comments on the July 26, 2022, NPRM
were due on or before August 25, 2022.
III. Response to Comments
EPA received comments on the July 26, 2022, NPRM, which are
included in the docket of this rulemaking. The comments arrived in a
letter dated August 25, 2022, and originate from one Commenter, Center
for Biological Diversity. The Commenter provided supplemental
documentation to support the comments submitted. The comments generally
oppose incorporating the Federal Project Emission Accounting provisions
at 40 CFR 51.165 and 51.166 within the February 3, 2022, submission.
EPA is not finalizing adoption of the Project Emissions Accounting
provisions into South Carolina's SIP in this action.\9\ Therefore, EPA
is not responding to these comments at this time. EPA expects to take
final action on the Project Emissions Accounting provisions contained
within SC DHEC's submittal in a separate final rule and to respond to
these comments in that action.
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\9\ These provisions are contained in Regulation 61-62.5,
Standard 7, section (A)(2)(d)(vi) (revising hybrid test in PSD
rules); Regulation 61-62.5, Standard 7, section (A)(2)(d)(vii)
(defining ``sum of the difference'' in PSD rules); Regulation 61-
62.5, Standard 7.1, section (A)(8) (setting forth hybrid test in
NNSR rules); Regulation 61-62.5, Standard 7.1, section (A)(9)
(defining ``sum of the difference'' in NNSR rules).
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IV. 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 sections I and II of this preamble, EPA
is finalizing the incorporation by reference of South Carolina's
Regulation 61-62.5, Standard No. 7--Prevention of Significant
Deterioration, State effective on November 26, 2021, except for
paragraphs (A)(2)(d)(vi) and (A)(2)(d)(vii) related to Project
Emissions Accounting. EPA is also finalizing the incorporation by
reference of South Carolina's Regulation 61-62.5, Standard No. 7.1--
Nonattainment New Source Review, State effective on November 26, 2021,
except for paragraphs (A)(8) and (A)(9) related to
[[Page 57360]]
Project Emissions Accounting and the portions of paragraphs (A)(11)(t)
and (B)(22)(c)(xx) related to the Ethanol Rule Provisions. EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 4 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP
compilation.\10\
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\10\ See 62 FR 27968 (May 22, 1997).
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V. Final Action
EPA is approving, with the exceptions noted, the changes to the
South Carolina Regulation 61-62.5, Standards No. 7--Prevention of
Significant Deterioration, and Standard No. 7.1--Nonattainment New
Source Review, both State effective on November 26, 2021. These changes
were submitted by South Carolina on February 3, 2022.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
Because this final rule merely approves State law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by State law, this final rule for the State of South
Carolina does not have Tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). Therefore, this action
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
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.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
SC DHEC did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving EJ
for people of color, low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 October 23, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation byreference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 17, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, 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.
[[Page 57361]]
Subpart PP--South Carolina
0
2. In Sec. 52.2120(c), amend the table under the heading ``Regulation
No. 62.5'' by revising the entries for ``Standard No. 7'' and
``Standard No. 7.1'' to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
Table 1 to Paragraph (c)--EPA-Approved South Carolina Laws and Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
Regulation No. 62.5............ Air Pollution .............. .................. .......................
Control Standards.
* * * * * * *
Standard No. 7................. Prevention of 11/26/2021 8/23/2023, [Insert Except for the project
Significant citation of emissions accounting
Deterioration. publication]. provisions at
paragraphs
(A)(2)(d)(vi) and
(A)(2)(d)(vii).
Standard No. 7.1............... Nonattainment New 11/26/2021 8/23/2023, [Insert Except for the ethanol
Source Review. citation of production facilities
publication]. exclusion in
paragraphs (A)(11)(t)
and (B)(22)(c)(xx) and
the project emissions
accounting provisions
at paragraphs (A)(8)
and (A)(9).
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[FR Doc. 2023-18120 Filed 8-22-23; 8:45 am]
BILLING CODE 6560-50-P
