[Federal Register Volume 61, Number 33 (Friday, February 16, 1996)]
[Rules and Regulations]
[Pages 6114-6115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2583]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SC-28-1-7164a; FRL-5316-7]
Approval and Promulgation of Implementation Plans; South
Carolina: Approval of Revisions to the South Carolina State
Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the South Carolina State
Implementation Plan (SIP) submitted on March 3, 1995, by the State of
South Carolina, through the South Carolina Department of Environment,
Health and Natural Resources. These revisions involve R.61-62.5
Standard Number 7. Prevention of Significant Deterioration. The
intended effect of these revisions is to bring the South Carolina rules
into compliance with the current EPA terminology.
DATES: This action is effective April 16, 1996 unless notice is
received by March 18, 1996 that someone wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Randy Terry,
Regulatory Planning and Development Section, Air Programs Branch, Air,
Pesticides & Toxics Management Division, Region 4 Environmental
Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365.
Copies of the material submitted by the SCDEHNR may be examined
during normal business hours at the following locations:
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, NE., Atlanta, Georgia 30365.
South Carolina Department of Environment, Health and Natural Resources,
2600 Bull Street, Columbia, South Carolina 29201.
FOR FURTHER INFORMATION CONTACT: Randy Terry, Regulatory Planning and
Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is
404/347-3555 ext. 4212.
SUPPLEMENTARY INFORMATION: On March 3, 1995, the State of South
Carolina, through the South Carolina Department of Environment, Health
and Natural Resources, submitted revisions to the South Carolina State
Implementation Plan (SIP). These revisions involve R.61-62.5 Standard
Number 7. Prevention of Significant Deterioration.
EPA is approving the following and revisions of existing rules in
the South Carolina SIP. These new rules and revisions are consistent
with the requirements of the Clean Air Act and EPA guidance.
I.C(4)
This rule has been revised to add a reference to the definition of
particulate matter (PM-10).
I.N(1)(c), I.O(2)(b), and I.O(3)
These rules have been revised to add references to the PM-10
increments in Parts N and O.
II.A
This section was revised to replace all references to total
suspended particulate increments with references to PM-10 increments
and to convert all limits to PM-10 standards.
II.D
This section which covered exclusions from increment consumption
was removed and labeled ``reserved.''
III.D
This section was revised to replace ``allow able'' with
``allowable.''
III.H(1)
This rule was revised to delete a reference to total suspended
particulate matter.
III.I(1) through III.I(2)(ii)
These rules were revised to ensure that Part I conforms to the
federal rule governing the maximum allowable increase of PM-10. This
was accomplished by requiring all owners or operators applying for a
plant permit or modification of an existing permit after November 25,
1994, to meet the requirements of Federal PM-10 Regulations as in
effect on the aforementioned date.
IV.D(1)&(2)
These rules were revised to ensure that Part D reflects the changes
in requirements of Federal modeling due to the revision of the manual
``Guidelines to Air Quality Models.''
IV.H(4)
This rule was revised to correct the PM-10, 24-hour maximum
standard from 10g/m\3\ to 30g/m\3\.
Final Action
In this notice, EPA is approving the revisions to the South
Carolina Environmental Management regulations listed above. This action
is being taken without prior proposal because the changes are
noncontroversial and EPA anticipates no significant comments on them.
The public should be advised that this action will be effective on
April 16,
[[Page 6115]]
1996. However, if notice is received by March 18, 1996 that someone
wishes to submit adverse or critical comments, this action will be
withdrawn and two subsequent documents will be published before the
effective date. One notice will withdraw the final action and another
will begin a new rulemaking by announcing a proposal of the action and
establishing a comment period.
Under Section 307(b)(1) of the CAA, 42 U.S.C. 7607(b)(1), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by April 16, 1996. Filing
a petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for 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) of the Act, 42
U.S.C. 7607(b)(2)).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq, EPA must
prepare a regulatory flexibility analysis assessing the impact of any
proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under 110 and subchapter I, part D of the CAA do not
create any new requirements, but simply approve requirements that the
State is already imposing. Therefore, because the federal SIP-approval
does not impose any new requirements, I certify that it does not have a
significant impact on any small entities affected. Moreover, due to the
nature of the federal-state relationship under the CAA, preparation of
a regulatory flexibility analysis would constitute federal inquiry into
the economic reasonableness of state action. The CAA forbids EPA to
base its actions concerning SIPs on such grounds. Union Electric Co. v.
U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. Section
7410(a)(2) and 7410(k)(3).
Unfunded Mandates
Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,
EPA must undertake various actions in association with proposed or
final rules that include a Federal mandate that may result in estimated
costs of $100 million or more to the private sector, or to State,
local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 110 of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain duties. To the extent that the rules being approved
by this action will impose any mandate upon the State, local or tribal
governments either as the owner or operator of a source or as a
regulator, or would impose any mandate upon the private sector. EPA's
action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Sulfur oxides.
Dated: September 19, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart PP--South Carolina
2. Section 52.2120, is amended by adding paragraph (c)(39) to read
as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
(39) The PSD regulation revisions to the South Carolina State
Implementation Plan which were submitted on March 3, 1995.
(i) Incorporation by reference.
(A) Regulations 61-62.5, Standard No. 7 Prevention of Significant
Deterioration; I.C(4), I.N(1)(c), I.O(2)(b), I.O(3), II.A, II.D,
III.D(10)(b), III.H(1), III.I(1) through III.I(2)ii, IV.D (1) & (2),
and IV.H(4) effective on November 25, 1994.
(ii) Other material. none
* * * * *
[FR Doc. 96-2583 Filed 2-15-96; 8:45 am]
BILLING CODE 6560-50-P
