
[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Rules and Regulations]
[Pages 19994-19998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07653]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0837; FRL-9797-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve changes to the South 
Carolina State Implementation Plan (SIP), submitted by the South 
Carolina Department of Health and Environmental Control (SC DHEC) to 
EPA in five separate SIP submittals dated May 1, 2012, July 18, 2011, 
February 16, 2011, December 23, 2009, and December 4, 2008. The SIP 
revisions make changes to South Carolina's New Source Review (NSR) 
Prevention of Significant Deterioration (PSD) program to adopt federal 
PSD requirements regarding fine particulate matter (PM2.5) 
and changes to the State's provisions related to the national ambient 
air quality standards (NAAQS) and volatile organic compounds (VOC). EPA 
is approving portions of the submittals as revisions to South 
Carolina's SIP because the Agency has determined that they are 
consistent with the Clean Air Act (CAA or Act) and EPA regulations 
regarding NSR permitting.

DATES: Effective Date: This rule will be effective May 3, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0837. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not 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 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; email address: bradley.twunjala@epa.gov. For 
information regarding NSR or PSD, contact Ms. Yolanda Adams, Air 
Permits Section, at the same address above. Ms. Adams' telephone number 
is (404) 562-9241; email address: adams.yolanda@epa.gov. For 
information regarding the PM2.5 NAAQS, contact Mr. Joel 
Huey, Regulatory Development Section, at the same address above. Mr. 
Huey's telephone number is (404) 562-9104; email address: 
huey.joel@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    EPA is taking final action to approve multiple SIP submittals 
provided by SC DHEC to EPA on May 1, 2012,\1\ July 18, 2011,\2\ 
February 16, 2011,\3\ December 23, 2009,\4\ and December 4, 2008,\5\ to 
adopt NSR permitting requirements for implementing the PM2.5 
NAAQS, federal changes to the NAAQS, an update to the federal 
definition for VOC, and an administrative correction to the State's VOC 
rule. On January 23, 2013, EPA proposed to approve these changes into 
the South Carolina SIP. See 78 FR 4796. Comments on the proposed 
rulemaking were due on or before February 22, 2013, and EPA received 
none. Details concerning each SIP submittal are provided in the docket 
for today's final action, Docket ID: EPA-R04-OAR-2012-0837. The SIP 
submittal changes are briefly summarized below. Please refer to EPA's 
January 23, 2013, proposed rulemaking for more detailed information for 
each SIP revision as well as the Agency's rationale for today's final 
rulemaking. Pursuant to section 110 of the CAA, EPA is now taking final 
action to approve the changes to South Carolina's SIP.
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    \1\ South Carolina's May 1, 2012, submission to EPA also 
included changes to Regulation 61-62.63--National Emissions 
Standards for Hazardous Air Pollutants (NESHAP), which is not part 
of the South Carolina federally approved SIP.
    \2\ This SIP submittal also makes changes to South Carolina's 
SIP at Regulations 61-62.1--Definitions and General Requirements; 
61-62.5, Standard 1--Emissions from Fuel Burning Operations; 61-
62.5, Standard No. 4--Emissions from Process Industries; and 61-
62.5, Standard 6--Alternative Emission Limitation Options 
(``Bubble''). EPA will consider action on these changes to South 
Carolina's SIP in a separate rulemaking.
    \3\ This submittal also makes changes to South Carolina's State 
Regulations 61-62.60, 62.61, 62.63 and 62.72 regarding (New Source 
Performance Standards) (NSPS), NESHAP for Source Categories, and 
Acid Rain, respectively. However, these regulations are not part of 
South Carolina's federally approved SIP; therefore, EPA is not 
proposing action on these changes.
    \4\ This submittal also make changes to South Carolina's State 
Regulations 61-62.60, 62.61, 62.63 and 62.72 regarding NSPS, NESHAP 
and Acid Rain, respectively. However, these regulations are not part 
of South Carolina's federally approved SIP; therefore, EPA is not 
taking final action to approve these changes.
    \5\ This SIP submittal also included changes to SC DHEC's 
Regulation 61.62-96--Nitrogen Oxides (NOX) and Sulfur 
Dioxide (SO2) Budget Trading Program General Provisions. 
EPA took final action to approve this portion of the December 4, 
2008, submittal on October 16, 2009 (74 FR 53167).
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A. SC DEHC Regulation 61-62.5, Standard No. 7--Prevention of 
Significant Deterioration

    South Carolina's May 1, 2012, SIP submittal amends the State's PSD 
regulations at Regulation 61-62.5, Standard No. 7--Prevention of 
Significant Deterioration to adopt only the PM2.5 PSD 
increments promulgated in the rule entitled ``Prevention of Significant 
Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers 
(PM2.5)--Increments, Significant Impact Levels (SILs) and 
Significant Monitoring Concentration (SMC),'' Final Rule, 75 FR 64864, 
(October 20, 2010) (hereafter referred to as ``PM2.5 PSD 
Increments-SILs-SMC Rule''). The PM2.5 PSD Increment-SILs-
SMC Rule provided additional regulatory requirements under the PSD 
program regarding the implementation of the PM2.5 NAAQS for 
NSR including: (1) PM2.5 increments pursuant to section 
166(a) of the CAA to prevent significant deterioration of air quality 
in areas meeting the NAAQS; (2) SILs used as a screening tool (by a 
major source subject to PSD) to evaluate the impact a proposed major 
source or modification

[[Page 19995]]

may have on the NAAQS or PSD increment; and (3) a SMC (also a screening 
tool) used by a major source subject to PSD to determine the subsequent 
level of PM2.5 data gathering required for a PSD permit 
application. PSD increments prevent air quality in clean areas from 
deteriorating to the level set by the NAAQS. Therefore, an increment is 
the mechanism used to estimate ``significant deterioration'' \6\ of air 
quality for a pollutant in an area. Under section 165(a)(3) of the CAA, 
a PSD permit applicant must demonstrate that emissions from the 
proposed construction and operation of a facility ``will not cause, or 
contribute to, air pollution in excess of any maximum allowable 
increase or allowable concentration for any pollutant.'' When a source 
applies for a permit to emit a regulated pollutant in an area that 
meets the NAAQS, the state and EPA must determine if emissions of the 
regulated pollutant from the source will cause significant 
deterioration in air quality. As described in the PM2.5 PSD 
Increment-SILs-SMC Rule, pursuant to the authority under section 166(a) 
of the CAA, EPA promulgated numerical PSD increments for 
PM2.5 as a new pollutant \7\ for which NAAQS were 
established after August 7, 1977,\8\ and derived 24-hour and annual 
PM2.5 increments for the three area classifications (Class 
I, II and III) using the ``contingent safe harbor'' approach. See 75 FR 
64869 and the ambient air increment tables at 40 CFR 51.166(c)(1) and 
52.21(c). In addition to PSD increments for the PM2.5 NAAQS, 
the PM2.5 PSD Increment-SILs-SMC Rule amended the definition 
at 40 CFR 51.166 and 52.21 for ``major source baseline date'' and 
''minor source baseline date'' (including trigger date) to establish 
the PM2.5 NAAQS specific dates associated with the 
implementation of PM2.5 PSD increments. See 75 FR 64864. 
South Carolina's May 1, 2012, SIP submittal did not propose to adopt 
the SILs and SMC screening tools also promulgated in the 
PM2.5 PSD Increments-SILs-SMC Rule.\9\ Today's approval of 
changes to South Carolina's SIP regards only the PSD increment portions 
of EPA's PM2.5 PSD Increments-SILs-SMC Rule.\10\
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    \6\ Significant deterioration occurs when the amount of the new 
pollution exceeds the applicable PSD increment, which is the 
``maximum allowable increase'' of an air pollutant allowed to occur 
above the applicable baseline concentration for that pollutant. 
Section 169(4) of the CAA provides that the baseline concentration 
of a pollutant for a particular baseline area is generally the air 
quality at the time of the first application for a PSD permit in the 
area.
    \7\ EPA generally characterized the PM2.5 NAAQS as a 
NAAQS for a new indicator of PM. EPA did not replace the 
PM10 NAAQS with the NAAQS for PM2.5 when the 
PM2.5 NAAQS were promulgated in 1997. EPA rather retained 
the annual and 24-hour NAAQS for PM2.5 as if 
PM2.5 was a new pollutant even though EPA had already 
developed air quality criteria for PM generally. See 75 FR 64864 
(October 20, 2012).
    \8\ EPA interprets 166(a) to authorize EPA to promulgate 
pollutant-specific PSD regulations meeting the requirements of 
section 166(c) and 166(d) for any pollutant for which EPA 
promulgates a NAAQS after 1977.
    \9\ As part of the response to comments on the October 20, 2010, 
final rulemaking, EPA explained that the Agency agrees that the SILs 
and SMCs used as de minimis thresholds for the various pollutants 
are useful tools that enable permitting authorities and PSD 
applicants to screen out ``insignificant'' activities; however, 
these values are not required by the Act as part of an approvable 
SIP program. EPA believes that most states are likely to adopt the 
SILs and SMCs because of the useful purpose they serve regardless of 
EPA's position that the values are not mandatory. Alternatively, 
states may develop more stringent values if they desire to do so. In 
any case, states are not under any SIP-related deadline for revising 
their PSD programs to add these screening tools. See 75 FR 64864, 
64900.
    \10\ The Sierra Club challenged EPA's authority to implement the 
PM2.5 SILs and SMC for PSD purposes as promulgated in the 
October 20, 2010, PM2.5 PSD Increment-SILs-SMC Rule. See 
Sierra Club v. EPA, Case No 10-1413 (D.C. Cir. January 22, 2013). On 
January 22, 2013, the court issued an order vacating and remanding 
to EPA for further consideration the portions of its 
PM2.5 PSD Increment-SILs-SMC Rule addressing the 
PM2.5 SILs, except for the parts codifying the 
PM2.5 SILs in the NSR rule at 40 CFR 51.165(b)(2). The 
court also vacated parts of the PM2.5 PSD Increment-SILs-
SMC Rule establishing the PM2.5 SMC, finding that the 
Agency had exceeded its statutory authority with respect to these 
provisions. The D.C. Circuit Court's decision can be found in the 
docket for today's rulemaking at www.regulations.gov using docket 
ID: EPA-R04-OAR-2012-0837.
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B. Regulation 61-62.5, Standard No. 2--Ambient Air Quality Standards

    South Carolina's December 4, 2008, December 23, 2009, and July 18, 
2011, SIP submissions, as well as the May 1, 2012, submission, all 
update South Carolina's ambient air quality standards table at 
Regulation 61-62.5, Standard No. 2--Ambient Air Quality Standards to be 
consistent with EPA's NAAQS at 40 CFR part 50 and table at http://www.epa.gov/air/criteria.html. The four SIP submittals amending SC 
DEHC's NAAQS table can be found in the docket for this proposed 
rulemaking at www.regulations.gov and are summarized below.
1. December 4, 2008, SIP Submittal
    Amends the State's NAAQS table at Regulation 61-62.5, Standard No. 
2 to address the amendment to the 24-hour primary NAAQS for 
PM2.5 from 65 micrograms per cubic meter ([micro]g/m\3\) to 
35 [micro]g/m\3\ in accordance with EPA's October 17, 2006, revision of 
the PM2.5 NAAQS. See 71 FR 61144.
2. December 23, 2009, SIP Submittal
    This submittal revises the table at Regulation 61-62.5, Standard 
No. 2 to (1) add the 2008 8-hour ozone NAAQS of 75 parts per billion, 
(2) amend the lead \11\ NAAQS to 0.15 [micro]g/m\3\ and (3) remove the 
1-hour ozone NAAQS, which EPA revoked on June 15, 2005, one year after 
the effective date of the 1997 8-hour ozone designations. See 70 FR 
44470 (August 3, 2005), 69 FR 23858 and 69 FR 23951(April 30, 
2004).\12\
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    \11\ On November 12, 2008, EPA revised the lead NAAQS from 1.5 
[micro]g/m\3\ to 0.15 [micro]g/m\3\ based on a rolling 3-month 
average for both the primary and secondary standards. See 73 FR 
66964.
    \12\ On June 15, 2005 (one year after the effective date of the 
1997 8-hour ozone designations), EPA revoked the 1-hour ozone NAAQS 
for all areas except the 8-hour ozone nonattainment-deferred Early 
Action Compact (EAC) areas. The 1-hour ozone NAAQS for the EAC 
nonattainment-deferred areas, including those in South Carolina 
(Greenville-Spartanburg-Anderson, SC) and Central Midlands Columbia 
Area, was revoked on April 15, 2009 (one year after the effective 
date of the EAC areas' 8-hour ozone designations to attainment). See 
64 FR 17897 (April 2, 2008), 69 FR 23858 and 69 23951 (April 30, 
2004).
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3. July 18, 2011, SIP Submittal \13\
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    \13\ These two revisions are superseded by SC DHEC's May 1, 
2012, SIP submittal, which streamlines and reformats the State's 
NAAQS table at Regulation 61-62.5, Standard No. 2.
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    This SIP revision clarifies at Regulation 61-62.5, Standard No. 2 
that the carbon monoxide 1-hour and 8-hour average concentrations are 
not to be exceeded more than once a year (in accordance with 40 CFR 
50.8) and adds a footnote referencing 40 CFR 50.16 for detailed 
explanation concerning calculation of the rolling 3-month average for 
the lead NAAQS.
4. May 1, 2012, SIP Submittal
    This submittal removes from the table at Regulation 61-62.5, 
Standard No. 2 the coarse particulate matter (PM10) annual 
standard to be consistent with EPA's October 17, 2006, revocation of 
the annual PM10 NAAQS. See 71 FR 61144. In addition, this 
SIP revision reformats the NAAQS table in an effort to ensure 
information found therein is consistent with EPA's NAAQS at 40 CFR 50 
and the table at http://www.epa.gov/air/criteria.html including 
removing the table's footnotes and instead adding a column referencing 
the federal CFR for each NAAQS, streamlining the units column, and 
updating test method references.

C. Regulation 61-62.1--Definitions and General Requirements

    South Carolina's December 4, 2008, and February 16, 2011, SIP 
submittals also amend the State's definition for VOC at Regulation 61-
62.1--Definitions

[[Page 19996]]

and General Requirements to include additional compounds 
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane 
(HFE-7300) (as amended on January 18, 2007 (72 FR 2193)) and propylene 
carbonate and dimethyl carbonate (amended on January 21, 2009 (74 FR 
3437)), respectively, to the list of compounds excluded from the 
definition of VOC on the basis that they have a negligible contribution 
to tropospheric formation of ozone to be consistent with the federal 
definition at 40 CFR 51.100(s).

D. Regulation 61-62.5, Standard 5--Volatile Organic Compounds

    Lastly, the December 4, 2008, submittal makes an administrative 
correction to subparagraphs 2.a.(i)(a) and (b) of Regulation 61-62.5, 
Standard 5, Section II, Part Q (Manufacture of Synthesized 
Pharmaceutical Products) by adding the term and symbol ``minus (-)'' to 
express the outlet gas temperature threshold for surface condensers.

II. This Action

    In this rulemaking EPA is taking final action to approve South 
Carolina's multiple SIP revisions to adopt the PM2.5 
increments, update the State's NAAQS table, update the definition for 
VOC and make an administrative correction. South Carolina's May 1, 
2012, SIP submittal adopts PM2.5 PSD increments revisions 
(pursuant to section 166(a) of the CAA) into the South Carolina SIP at 
Regulation 61-62.5, Standard No. 7 \14\ as promulgated in the October 
20, 2010, rule and codified at 40 CFR 51.166, including (1) addition of 
PM2.5 PSD increments at SC DEHC's increments at Regulation 
61-62.5, Standard No. 7 (c) and (p)(5)(for Class I variances) 
(consistent with the tables at 40 CFR 51.166(c)), including replacing 
the term ``particulate matter'' with ``PM10'' in the tables 
at Regulation 61-62.5, Standard No. 7 paragraphs (c) and (p)(5) (for 
Class I Variances) and replacing the term ``particulate matter'' with 
``PM2.5, PM10'' in the text at Regulation 61-
62.5, Standard No. 7 paragraph (p)(5) (for Class I Variances); (2) 
revision to the definition at Regulation 61-62.5, Standard No. 7, 
paragraph (b)(31)(i)(a)-(c) for ``major source baseline date'' 
(consistent with 40 CFR 51.166(b)(14)(i)(a) and (c)), to establish 
major source baseline date for PM2.5 and removing the term 
``particulate matter'' to distinguish between PM10 and 
PM2.5; Regulation 61-62.5, Standard No. 7, paragraph 
(b)(31)(ii)(a)-(c) for ``minor source baseline date,'' to establish the 
PM2.5 ``trigger date'' (consistent with 40 CFR 
51.166(b)(14)(ii)(c)) and remove the term ``particulate matter'' to 
distinguish between PM10 and PM2.5; (3) revisions 
to Regulation 61-62.5, Standard No. 7, paragraph (5)(i) for ``baseline 
area'' (consistent with 40 CFR 51.166(b)(15)(i) and (ii)) to specify 
pollutant air quality impact annual averages and amend the regulatory 
reference for section 107(d) of the CAA at paragraph (5)(ii); and (4) 
amendment to Regulation 61-62.5, Standard No. 7 paragraph 
(b)(31)(iii)(a) to also amend the regulatory reference for section 
107(d) of the CAA and to add a reference to 40 CFR 51.166. These 
changes provide for the implementation of the PM2.5 PSD 
increments for the PM2.5 NAAQS in South Carolina's PSD 
program.
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    \14\ South Carolina currently has a SIP-approved NSR program for 
new and modified stationary sources. SC DHEC's PSD preconstruction 
rules are found at Regulation 61-62.5, Standard No. 7--Prevention of 
Significant Deterioration and apply to major stationary sources or 
modifications constructed in areas designated attainment or 
unclassifiable/attainment as required under part C of title I of the 
CAA with respect to the NAAQS.
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    EPA is also taking final action to approve South Carolina's changes 
to its Regulation 61-62.5, Standard No. 2--Ambient Air Quality 
Standards table submitted May 1, 2012, July 18, 2011, February 16, 
2011, December 23, 2009, and December 4, 2008, SIP revisions. Lastly, 
EPA is taken final action to approve SC DEHC's changes to the 
definition of VOC at Regulation 61-62.1--Definitions and General 
Requirements and administrative correction at Regulation 61-62.5, 
Standard 5--Volatile Organic Compounds.
    Notably, EPA is not taking action on multiple components of the 
above-referenced SIP submittals--those portions are outlined in Section 
I, Background, above.

III. Final Action

    EPA is taking final action to approve portions of multiple SIP 
submissions revising South Carolina's SIP to adopt the PM2.5 
increments as amended in the October 20, 2010, PM2.5 PSD 
Increments-SILs-SMC Rule, federal NAAQS updates and VOC definition 
updates, and to make an administrative correction. EPA has made the 
determination that these SIP submittals are approvable because they are 
consistent with section 110 of the CAA and EPA regulations regarding 
NSR permitting.

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 
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 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 rule does have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is approved to apply the PSD permitting program statewide including 
the Catawba Indian Nation in York County, South Carolina. Pursuant to 
the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, 
``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

[[Page 19997]]

authorities.'' While this action revises South Carolina's existing NSR 
PSD permitting regulations in the SIP, EPA has determined that these 
revisions will not impose any substantial direct costs on tribal 
governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 June 3, 2013. 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, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: March 21, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart PP--South Carolina

0
2. Section 52.2120 is amended at paragraph (c) by:
0
a. Under Regulation No. 62.1 revising the entry for ``Section 1'',
0
b. Under Regulation No. 62.5 revising the entry for ``Standard No. 2'',
0
c. Under Regulation No. 62.5, Standard No. 5, Section II revising the 
entry for ``Part Q'',
0
d. Under Regulation No. 62.5 revising the entry for ``Standard No. 7'', 
and
0
e. Revising the first ``footnote 1'' and removing the second ``footnote 
1'' to read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                                State       EPA approval      Federal Register
          State citation                Title/subject      effective date       date               notice
----------------------------------------------------------------------------------------------------------------
Regulation No. 62.1...............  Definitions and             6/26/1998       8/10/2004  69 FR 48395
                                     General Requirements.
Section I.........................  Definitions..........      11/26/2010          4/3/13  [Insert citation of
                                                                                            publication]
 
                                                  * * * * * * *
Regulation No. 62.5...............  Air Pollution Control  ..............  ..............  .....................
                                     Standards.
 
                                                  * * * * * * *
Standard No. 2....................  Ambient Air Quality         4/27/2012          4/3/13  [Insert citation of
                                     Standards.                                             publication]
 
                                                  * * * * * * *
Standard No. 5....................  Volatile Organic       ..............  ..............  .....................
                                     Compounds.
 
                                                  * * * * * * *
Section II........................  Provisions for         ..............  ..............  .....................
                                     Specific Sources.
 
                                                  * * * * * * *
Part Q............................  Manufacture of             10/24/2008          4/3/13  [Insert citation of
                                     Synthesized                                            publication]
                                     Pharmaceutical
                                     Products.
 
                                                  * * * * * * *
Standard No. 7....................  Prevention of               4/27/2012          4/3/13  [Insert citation of
                                     Significant                                            publication]
                                     Deterioration\1\.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 
\1\ This regulation (submitted on April 14, 2009) includes the phrase ``except ethanol production facilities
  producing ethanol by natural fermentation under the North American Industry Classification System (NAICS)
  codes 325193 or 312140,'' (at Regulation 61-62.5, Standard No. 7(b)(32)(i)(a) and (iii)(b)(t),
  (42)(i)1(viii)(t) and Regulation 61-62.5, Standard No. 7.1(c)7(C)(xx) and (e)(T)) as amended in the Ethanol
  Rule. See 72 FR 24060 (May 1, 2007). EPA has not yet taken action to approve this phrase in the South Carolina
  SIP.


[[Page 19998]]

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[FR Doc. 2013-07653 Filed 4-2-13; 8:45 a.m.]
BILLING CODE 6560-50-P


