[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Rules and Regulations]
[Pages 44218-44219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21919]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SC 30-1-9645a: FRL-5877-1]
Approval and Promulgation of State Implementation Plan, South
Carolina: Addition of Supplement C to the Air Quality Modeling
Guidelines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On May 6, 1996, the South Carolina Department of Health and
Environmental Control submitted revisions to the South Carolina State
Implementation Plan (SIP) involving revisions to 61-62.5 Standard 7,
Prevention of Significant Deterioration to add Supplement C to air
quality modeling guidelines. This revision updates the South Carolina
SIP to meet the latest EPA modeling requirements. Therefore, these
revisions are being approved into the SIP.
DATES: This action is effective October 20, 1997 unless adverse or
critical comments are received by September 19, 1997. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments on this action should be addressed to Mr.
Randy Terry at the EPA Region 4 Office listed below.
Copies of the documents relative to this action are available for
public inspection during normal business hours at the following
locations. The interested persons wanting to examine these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102), US
Environmental Protection Agency, 401 M Street, SW., Washington, D.C.
20460.
Environmental Protection Agency, Region 4, Air Planning Branch, 61
Forsyth Street Atlanta, Georgia 30303.
South Carolina Department of Health and Environmental Control, 2600
Bull Street, Columbia, South Carolina 29201-1708.
FOR FURTHER INFORMATION CONTACT: Randy Terry, Regulatory Planning
Section, Air Planning Branch, Air, Pesticides & Toxics Management
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street,
Atlanta, Georgia 30303. The telephone number is (404) 562-9032.
SUPPLEMENTARY INFORMATION: On May 6, 1996, the State of South Carolina
Department of Health and Environmental Control submitted a notice to
amend Section IV, Part D, Air Quality Models, of Regulation 61-62.5,
Standard 7. These regulations were revised by adding Supplement C to
the previously approved air quality guidelines. Supplement C
incorporates improved algorithms for treatment of area sources and dry
deposition in the Industrial Source Complex (ISC) model, adopts a solar
radiation/delta T (SRDT) method for estimating atmospheric stability
categories, and adopts a new screening approach for assessing annual
NO2 impacts.
Final Action
EPA is approving South Carolina's notice submitted on May 6, 1996,
for incorporation into the South Carolina SIP. The EPA is publishing
this action without prior proposal because the EPA views this as a
noncontroversial amendment and anticipates no adverse comments.
However, in a separate document in this Federal Register publication,
the EPA is proposing to approve the SIP revision should adverse or
critical comments be filed. This action will be effective October 20,
1997 unless, by September 19, 1997, adverse or critical comments are
received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective October 20, 1997.
The EPA has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the 1990 Amendments
enacted on November 15, 1990. The EPA has determined that this action
conforms with those requirements.
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.
Administrative Requirements
A. Executive Order 12866
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.
B. Regulatory Flexibility Act
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 Clean Air
Act 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.EPA., 427 U.S. 246, 256-66 (1976); 42 U.S.C.
7410(a)(2) and 7410(k)(3).
C. Unfunded Mandates
Under sections 202, of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to
[[Page 44219]]
accompany any final rule that includes a Federal mandate that may
result in estimated costs to State, local, or tribal governments in the
aggregate; or to the private sector, of $ 100 million or more. Under
section 205, EPA must select the most cost-effective and least
burdensome alternative that achieves the objectives of the rule and is
consistent with statutory requirements. Section 203 requires EPA to
establish a plan for informing and advising any small governments that
may be significantly or uniquely impacted by the rule.
EPA has determined that the approval action does not include a
Federal 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. This Federal action approves pre-existing requirements
under state or local law, and imposes no new requirements. Accordingly,
no additional costs to State, local or tribal governments, or to the
private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in The United States Court
of Appeals for the appropriate circuit by October 20, 1997. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Incorporation by
Reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: May 22, 1997.
R.F. McGhee,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
Authority: 42 U.S.C. 7401-7671q.
Subpart PP--South Carolina
2. In Sec. 52.2120(c), the table is amended by adding an entry for
Supplement C under the entry Regulation No. 62.5, Section III, at the
end of Standard No. 7 in the ``Air pollution Control Regulations for
South Carolina'' to read as follows:
Sec. 52.2120 Identification of plan.
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(c) * * *
Air Pollution Control Regulations for South Carolina
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State
State citation Title/ effective EPA approval date Federal Register notice
subject date
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Regulations No. 62.5 Air Pollution Control Standards
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Section III Enforceability
Standard No. 7 Prevention of Significant Deterioration
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Supplement C.................... ........... 05/26/96 August 20, 1997.... [Insert citation for page No.
of publication]
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[FR Doc. 97-21919 Filed 8-19-97; 8:45 am]
BILLING CODE 6560-50-P
