94-8968. Approval and Promulgation of Implementation Plans; South Carolina  

  • [Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-8968]
    
    
    [[Page Unknown]]
    
    [Federal Register: April 15, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 52
    
    [SC-025-1-5643; FRL-4859-4]
    
     
    
    Approval and Promulgation of Implementation Plans; South Carolina
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: On September 18, 1990, and July 23, 1992, South Carolina 
    submitted, through the South Carolina Department of Health and 
    Environmental Control (SCDEHC), revisions to the South Carolina State 
    Implementation Plan (SIP). This notice approves the revisions to South 
    Carolina's air quality regulations pertaining to the definition of a 
    Volatile Organic Compound (VOC), VOC Recordkeeping in ozone (O3) 
    nonattainment areas, and the control of industrial emissions of 
    nitrogen dioxide (NO2) under the Prevention of Significant 
    Deterioration (PSD) program.
    DATES: This final rule will become effective June 14, 1994 unless 
    notice is received by May 16, 1994 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 sent to Bill Eckert at the EPA 
    address in Atlanta, Georgia listed below. Copies of South Carolina's 
    submittal are available for public review during normal business hours 
    at the addresses listed below.
        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 IV, Air Programs Branch, 
    345 Courtland Street NE., Atlanta, Georgia 30365.
        South Carolina Department of Health and Environmental Control, 
    Bureau of Air Quality Control, 2600 Bull Street, Columbia, South 
    Carolina 29201.
    
    FOR FURTHER INFORMATION CONTACT: Bill Eckert of the EPA Region IV Air 
    Programs Branch at (404) 347-2864 and at the Region IV address.
    
    SUPPLEMENTARY INFORMATION: On September 18, 1990, South Carolina 
    submitted revisions to its SIP. After EPA reviewed this submittal, EPA 
    determined that there were deficiencies in the VOC and PSD portions of 
    the submittal. On July 23, 1992, South Carolina submitted additional 
    revisions to its SIP correcting the deficiencies identified in the 
    September 18, 1990, submittal. A brief description of the revisions 
    follows.
    
    Regulation 61-62.1, Section I, Paragraph 74-Definition of VOC
    
        The revisions to this rule submitted on July 23, 1992, made the 
    definition of VOC consistent with EPA's change in the definition of VOC 
    as published in a Federal Register document dated February 3, 1992 (57 
    FR 3943). In the February 3, 1992, document, five new compounds were 
    removed from the definition of VOC based on their negligible 
    photochemical reactivity.
    
    Regulation 61-62.5, Standard No. 5, Section I, Part F, Paragraph 3-
    VOC Recordkeeping in O3 nonattainment areas
    
        On September 18, 1990, South Carolina submitted revisions to its 
    VOC regulations. In a Federal Register document published February 4, 
    1992, EPA determined that Regulation 61-62.5, Standard No. 5, Section 
    I, Part F (VOC Recordkeeping, Reporting, and Monitoring), was 
    insufficient because it did not contain provisions requiring VOC 
    sources located in O3 nonattainment areas to keep daily records. 
    On July 23, 1993, South Carolina submitted revisions updating its VOC 
    Recordkeeping provisions to be consistent with EPA requirements as 
    interpreted in pre-enactment guidance1 for VOC sources in O3 
    nonattainment areas. Specifically, the VOC Recordkeeping provisions 
    were updated to require that VOC sources keep daily records of 
    operations.
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        \1\Among other things, the pre-amendment guidance consists of 
    the Post-87 Policy, 52 FR 45044 (11/24/87); the Blue Book, Issues 
    Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, 
    clarification of Appendix D of 52 FR 45044; and the existing Control 
    Techniques Guidelines (CTGs).
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    Regulation 61-62.5, Standard No. 7
    
        On September 18, 1990, South Carolina revised its PSD regulations 
    to require the control of the industrial emissions of NO2. In a 
    Federal Register document published February 4, 1992, EPA determined 
    that the submitted regulations were inadequate because they did not 
    contain provisions for NO2 increments. On July 23, 1992, South 
    Carolina submitted revisions to its PSD regulations to include NO2 
    increments as required by EPA. The maximum allowable increase for 
    NO2 measured on an annual average basis per source is 25 
    micrograms per cubic meter. South Carolina incorporates 40 CFR 52.21 
    (July 1, 1991) and 40 CFR 51.166 (July 1, 1991) by reference. These 
    revisions satisfy the requirements for States to incorporate the 
    control of industrial emissions of NO2 and NO2 increments 
    into their SIPs.
    
    Final Action
    
        EPA is approving the aforementioned revisions to the South Carolina 
    SIP. EPA has reviewed this request for revision of the federally-
    approved SIP for conformance with the Clean Air Act (CAA). EPA has 
    determined that the revisions conform with the CAA requirements and is 
    therefore approving the revisions.
        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 section 110 and subchapter I, part D of the CAA 
    do not create any new requirements, but simply approve requirements 
    that the State of South Carolina is already imposing. Therefore, 
    because the Federal SIP-approval does not impose any new requirements, 
    it does not have a significant economic 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. vs. U.S. E.P.A., 427 U.S. 246, 256-66 
    (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
        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 June 14, 1994. If, however, notice is received by May 16, 
    1994 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 will withdraw the final action and the 
    other will begin a new rulemaking by announcing 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 June 14, 
    1994. 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 CAA, 42 U.S.C. 7607 (b)(2).)
        This action has been classified as a Table 2 action by the Regional 
    Administrator under the procedures published in the Federal Register on 
    January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
    memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
    Air and Radiation. A future document will inform the general public of 
    these tables. On January 6, 1989, the Office of Management and Budget 
    (OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the 
    requirements of section 3 of Executive Order 12291 for two years. The 
    EPA has submitted a request for a permanent waiver for Table 2 and 
    Table 3 SIP revisions. OMB has agreed to continue the waiver until such 
    time as it rules on EPA's request. This request continues in effect 
    under Executive Order 12866 which superseded Executive Order 12291 on 
    September 30, 1993.
        Nothing in this action shall be construed as permitting or allowing 
    or establishing a precedent for any future request for a revision to 
    any SIP. Each request for revision to the SIP shall be considered 
    separately in light of specific technical, economic, and environmental 
    factors and in relation to relevant statutory and regulatory 
    requirements.
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon monoxide, 
    Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
    Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
    recordkeepig requirements, Sulfur oxides.
    
        Dated: March 2, 1994.
    Donald J. Guinyard,
    Acting Regional Administrator.
    
        Part 52, chapter I, title 40 of the Code of Federal Regulation 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.
    
        2. Section 52.2120 is amended by adding paragraph (c)(37) to read 
    as follows:
    
    
    Sec. 52.2120  Identification of plan.
    
    * * * * *
        (c) * * *
        (37) The VOC Recordkeeping regulations for ozone nonattainment 
    areas, PSD NOx increment regulations, and regulations listing the 
    definition of VOC submitted by South Carolina Department of Health and 
    Environmental Control on July 23, 1992, as part of the South Carolina 
    SIP.
        (i) Incorporation by reference.
        (A) South Carolina Regulation 61-62.5, Standard No. 5, section I, 
    part F, covering VOC Recordkeeping, Reporting, and Monitoring; 
    Regulation 61-62.5, Standard No. 7, section I, part C, paragraph 4; 
    section I, part M; section I, part N; section I, part O; section I, 
    part BB; section II, part A; section II, part D, paragraph 1, 
    subparagraph e; section II, part D, paragraph 3, subparagraph a; 
    section IV, part D, paragraph 1; section IV, part H, paragraph 4; 
    covering PSD. These regulations were effective August 24, 1990, and 
    submitted September 18, 1990.
        (B) South Carolina Regulation 61-62.1, section I, paragraph 74, 
    covering the definition of VOC; Regulation 61-62.5, Standard No. 5, 
    section I, part F, paragraph 3, covering VOC Recordkeeping in ozone 
    nonattainment areas; and Regulation 61-62.5, Standard No. 7, section I, 
    part O and section IV, part H, paragraph 4 covering PSD. These 
    regulations were effective June 26, 1992, and submitted July 23, 1992.
        (ii) Other material.
        (A) July 23, 1992, letter from the South Carolina Department of 
    Health and Environmental Control to Region IV EPA.
        (B) [Reserved]
        3. Section 52.2126 is amended by removing and reserving paragraph 
    (b) and by revising paragraph (a) to read as follows:
    
    
    Sec. 52.2126  VOC rule deficiency correction.
    
    * * * * *
        (a) South Carolina's VOC regulations contain no method for 
    determining capture efficiency. This deficiency must be corrected after 
    EPA publishes guidance on the methods for determining capture 
    efficiency before the SIP for ozone can be fully approved.
        (b) [Reserved]
    [FR Doc. 94-8968 Filed 4-14-94; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Effective Date:
6/14/1994
Published:
04/15/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-8968
Dates:
This final rule will become effective June 14, 1994 unless notice is received by May 16, 1994 that someone wishes to submit adverse or critical comments. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: April 15, 1994, SC-025-1-5643, FRL-4859-4
CFR: (2)
40 CFR 52.2120
40 CFR 52.2126