
[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Proposed Rules]
[Pages 16593-16595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6975]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-0004-201109; FRL-9285-9]


Approval and Promulgation of Implementation Plans; South 
Carolina: Prevention of Significant Deterioration and Nonattainment New 
Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to convert a conditional approval of a 
revision to the South Carolina State Implementation Plan (SIP) to a 
full approval. South Carolina, through the South Carolina Department of 
Health and Environment Control (SC DHEC), Bureau of Air Quality, 
submitted a SIP revision on April 14, 2009, in response to the 
conditional approval of its New Source Review (NSR) permitting program. 
South Carolina's April 14, 2009, SIP revision consists of adopting 
requirements of the Nonattainment New Source Review (NNSR) construction 
permit program under the Clean Air Act (CAA or Act). This program 
affects major stationary sources in South Carolina that are subject to 
or potentially subject to the NNSR construction permit program. As 
required by the conditional approval, South Carolina's April 14, 2009, 
SIP revision includes requirements for calculating emissions reductions 
that will be used for offsets and ensures those reductions are surplus 
to other Federal requirements. EPA is proposing approval of the April 
14, 2009, SIP revision because the Agency has determined that South 
Carolina addresses the conditions identified in the conditional 
approval, and is in accordance with the CAA.

DATES: Comments must be received on or before April 25, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2005-0004, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: benjamin.lynorae@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2005-0004, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2005-0004. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 either electronically in http://www.regulations.gov or in hard copy at the Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
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 to 4:30, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the South 
Carolina SIP, contact Ms. Twunjala Bradley, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Ms. Bradley's telephone 
number is (404) 562-9352; e-mail address: bradley.twunjala@epa.gov. For 
information regarding NSR, contact Ms. Yolanda Adams, Air Permits 
Section, at the same address above. Ms. Adams' telephone number is 
(404) 562-9241; e-mail address: adams.yolanda@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing?
II. Why is EPA proposing this action?
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    On April 14, 2009, the State of South Carolina, through SC DHEC, 
submitted a revision to the South Carolina SIP, which consists of 
changes to the South Carolina Air Pollution Control Regulations and 
Standards (hereafter referred to as ``South Carolina Regulations''). 
Specifically, the proposed SIP revision includes changes to South 
Carolina Regulation 61-62.5, Standard No. 7.1 entitled ``Nonattainment 
New Source Review.'' SC DHEC submitted this SIP revision in response to 
EPA's June 2, 2008 (73 FR 31368), rule which conditionally approved 
South Carolina's NNSR program.
    South Carolina's April 14, 2009, SIP revision also includes the 
removal of provisions which existed in South Carolina regulations that 
relate to requirements that were vacated from the Federal program by 
the United States Court of Appeals for the District of Columbia Circuit 
(DC Circuit Court) on June 24, 2005. The provisions vacated from the 
Federal rules pertain to pollution control projects (PCPs) and clean 
units (CUs). Since these

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provisions were not approved into South Carolina's SIP, no action is 
required by EPA.\1\ As a result of the removal of the CU and PCP 
provisions, the SIP revision also includes minor administrative 
reference changes at Regulation 61-62.5, Standard No. 7--Prevention of 
Significant Deterioration (PSD) and Standard No. 7.1 Nonattainment New 
Source Review which are now being proposed for inclusion in the SIP.
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    \1\ On June 2, 2008 (73 FR 31368), EPA disapproved provisions in 
South Carolina's PSD and NNSR programs relating to PCP and CUs. 
Therefore, these provisions were not approved into South Carolina's 
SIP.
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    In addition to changes to address the conditional approval of South 
Carolina's NNSR program and the aforementioned administrative changes, 
South Carolina's April 14, 2009, SIP revision also includes provisions 
in Regulation 61-62.5, Standards No. 7 and 7.1 to exclude facilities 
that produce ethanol through a natural fermentation process (hereafter 
referred to as the ``Ethanol Rule'') from the definition of ``chemical 
process plants'' in the major NSR permitting program. See 72 FR 24060 
(May 1, 2007). At this time, EPA is not proposing to take action on 
South Carolina's changes to its NSR program to incorporate the 
provisions of the Ethanol Rule.

II. Why is EPA proposing this action?

    South Carolina Regulation 61-62.5, Standard No. 7.1 was submitted 
to EPA by SC DHEC on July 1, 2005, for inclusion in the South Carolina 
SIP. This regulation relates to the South Carolina's NNSR permit 
program. Revisions to Regulation 61-62.5, Standard No. 7.1 became 
State-effective on June 24, 2005. EPA proposed to conditionally approve 
South Carolina's NNSR rules on September 12, 2007 (72 FR 52031). EPA 
did not receive any comments on the proposal. EPA finalized its 
conditional approval of Regulation 61-62.5, Standards No. 7.1 into the 
South Carolina SIP on June 2, 2008 (73 FR 31368). As part of the 
conditional approval, South Carolina had twelve months from the June 2, 
2008, final conditional approval to submit changes to its NNSR program 
as described herein to be consistent with EPA Federal regulations.
    On April 14, 2009, SC DHEC submitted a revision to the SIP, 
incorporating the corrections required by EPA in the conditional 
approval. Specifically, South Carolina revised Regulation 61-62.5, 
Standard No. 7.1 to include a methodology for calculating emission 
reductions to be used as offsets that include a baseline for 
determining credit for emissions offsets that meet the requirements set 
out in 40 CFR 51.165(a)(3)(i) and Appendix S, section IV.C. This 
particular issue was highlighted as a basis for the conditional 
approval in the June 2, 2008 Federal Register. See 73 FR 31369-31370. 
The emission offsets provisions also specify that the reductions must 
be surplus and cannot be used for offsets if they are otherwise 
required by the South Carolina SIP or other Federal standards, such as 
New Source Performance Standards and National Emissions Standards for 
Hazardous Air Pollutants, including the Maximum Achievable Control 
Technology standards. EPA has determined that South Carolina's April 
14, 2009, SIP revision satisfies the conditions listed in EPA's June 2, 
2008, conditional approval, and today is proposing to convert its prior 
conditional approval to full approval. See 73 FR 31368.

III. Proposed Action

    EPA is proposing to convert a conditional approval of a July 1, 
2005, revision to the South Carolina SIP regarding requirements for the 
State's NNSR construction permit program to a full approval. South 
Carolina's April 14, 2009, SIP revision consists of changes to South 
Carolina Regulation 61-62.5, Standard No. 7.1 entitled ``Nonattainment 
New Source Review.'' SC DHEC submitted the April 14, 2009, SIP revision 
in response to EPA's June 2, 2008 (73 FR 31368), rule, which 
conditionally approved South Carolina's NNSR program as provided in the 
State's July 1, 2005, SIP revision. SC DHEC has satisfied the 
conditions listed in EPA's conditional approval. Therefore, EPA is 
proposing to convert its conditional approval of South Carolina's July 
1, 2005, SIP revision to a full approval. The April 14, 2009, SIP 
revision satisfies the conditions of EPA's conditional approval of 
South Carolina's July 1, 2005 SIP revision, and is are consistent with 
Federal regulations and in accordance with the CAA. In addition, EPA is 
proposing to approve minor administrative reference changes at South 
Carolina Regulation 61-62.5 Standards No. 7 and 7.1 as a result of the 
removal of CU and PCP provisions.

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 Act and applicable 
Federal regulations. 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 
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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);
     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; and
     Does 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).

In addition, this proposed rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, and Reporting and recordkeeping 
requirements.

    Authority:  42 U.S.C. 7401 et seq.


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    Dated: March 16, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-6975 Filed 3-23-11; 8:45 am]
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