
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37299-37305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16810]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0547; FRL-9965-85-Region 4]


Air Plan Approval; SC: Revisions to New Source Review Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve changes to the South Carolina State 
Implementation Plan (SIP) to revise New Source Review (NSR) 
regulations. EPA is approving portions of SIP revisions submitted by 
the State of South Carolina, through the South Carolina Department of 
Health and Environmental Control (SC DHEC), on the following dates: 
July 18, 2011, April 10, 2014, August 12, 2015, and

[[Page 37300]]

January 20, 2016. This action is being taken pursuant to the Clean Air 
Act (CAA or Act).

DATES: This direct final rule is effective October 10, 2017 without 
further notice, unless EPA receives adverse comment by September 11, 
2017. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0547 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or 
via electronic mail at akers.brad@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking today?

    On July 18, 2011, April 10, 2014, August 12, 2015, and January 20, 
2016, SC DHEC submitted SIP revisions to EPA for approval that involve 
changes to South Carolina's NSR permitting regulations to make them 
consistent with federal requirements for NSR permitting, correct 
typographical errors, make internal references consistent, and clarify 
certain provisions. In this action, EPA is approving certain portions 
of these SIP submissions that make changes to South Carolina's NSR 
regulations at SC DHEC Regulation 61-62.5, Standard No. 7--``Prevention 
of Significant Deterioration (PSD),'' and Regulation 61-62.5, Standard 
No. 7.1--``Nonattainment New Source Review (NNSR),'' which apply to the 
construction or modification of any major stationary source in areas 
designated as attainment or unclassifiable as required by part C of 
title I of the CAA, and in nonattainment areas as required by part D of 
title I of the CAA, respectively.
    South Carolina's PSD regulations at Regulation 61-62.5, Standard 
No. 7, were originally approved into the SIP on June 10, 1982 (47 FR 
6017), with periodic revisions approved through April 3, 2013 (78 FR 
19997). South Carolina's NNSR regulations at Regulation 61-62.5, 
Standard No. 7.1, were conditionally approved into the SIP on June 2, 
2008 (73 FR 31369), and were fully approved on June 23, 2011 (76 FR 
36875).
    South Carolina's July 18, 2011, SIP revision modifies the PSD 
regulations to make minor edits for internal consistency and modifies 
the NNSR regulations to reflect changes to the federal NNSR regulations 
at 40 CFR 51.165,\1\ including provisions promulgated in the following 
federal rule: ``Final Rule To Implement the 8-Hour Ozone National 
Ambient Air Quality Standard-Phase 2; Final Rule To Implement Certain 
Aspects of the 1990 Amendments Relating to New Source Review and 
Prevention of Significant Deterioration as They Apply in Carbon 
Monoxide, Particulate Matter and Ozone NAAQS; Final Rule for 
Reformulated Gasoline,'' Final Rule, 70 FR 71612 (November 29, 2005) 
(hereinafter referred to as the Phase 2 Rule). South Carolina's April 
10, 2014, SIP revision modifies the PSD regulations to reflect changes 
to the federal PSD regulations at 40 CFR 51.166, including provisions 
promulgated in the following federal rule: ``Implementation of the New 
Source Review (NSR) Program for Particulate Matter Less Than 2.5 
Micrometers (PM2.5): \2\ Amendment to the Definition of 
`Regulated NSR Pollutant' Concerning Condensable Particulate Matter,'' 
(October 25, 2012) (hereinafter referred to as the PM2.5 
Condensables Correction Rule). South Carolina's August 12, 2015, SIP 
revision makes changes to South Carolina's PSD and NNSR regulations for 
consistency with federal provisions and to correct typographical 
errors. Finally, South Carolina's January 20, 2016, SIP revision 
modifies the State's NNSR rules to correct typographical errors and to 
make internal references consistent.
---------------------------------------------------------------------------

    \1\ EPA's regulations governing the implementation of NSR 
permitting programs are contained in 40 CFR 51.160--51.166; 52.21, 
52.24; and part 51, Appendix S. The CAA NSR program is composed of 
three separate programs: PSD, NNSR, and Minor NSR. PSD is 
established in part C of title I of the CAA and applies to major 
stationary sources in areas that meet the NAAQS--``attainment 
areas''--as well as areas where there is insufficient information to 
determine if the area meets the NAAQS--``unclassifiable areas.'' The 
NNSR program is established in part D of title I of the CAA and 
applies to major stationary sources in areas that are not in 
attainment of the NAAQS--``nonattainment areas.'' The Minor NSR 
program applies to stationary sources that do not require PSD or 
NNSR permits. Together, these programs are referred to as the NSR 
programs.
    \2\ Airborne particulate matter (PM) with a nominal aerodynamic 
diameter of 2.5 micrometers or less (a micrometer is one-millionth 
of a meter, and 2.5 micrometers is less than one-seventh the average 
width of a human hair) are considered to be ``fine particles'' and 
are also known as PM2.5. Fine particles in the atmosphere 
are made up of a complex mixture of components including sulfate; 
nitrate; ammonium; elemental carbon; a great variety of organic 
compounds; and inorganic material (including metals, dust, sea salt, 
and other trace elements) generally referred to as ``crustal'' 
material, although it may contain material from other sources. The 
health effects associated with exposure to PM2.5 include 
potential aggravation of respiratory and cardiovascular disease 
(i.e., lung disease, decreased lung function, asthma attacks and 
certain cardiovascular issues). On July 18, 1997, EPA revised the 
NAAQS for PM to add new standards for fine particles, using 
PM2.5 as the indicator. Previously, EPA used 
PM10 (inhalable particles smaller than or equal to 10 
micrometers in diameter) as the indicator for the PM NAAQS. EPA 
established health-based (primary) annual and 24-hour standards for 
PM2.5, setting an annual standard at a level of 15.0 
micrograms per cubic meter ([micro]g/m\3\) and a 24-hour standard at 
a level of 65 [micro]g/m\3\ (62 FR 38652). At the time the 1997 
primary standards were established, EPA also established welfare-
based (secondary) standards identical to the primary standards. The 
secondary standards are designed to protect against major 
environmental effects of PM2.5, such as visibility 
impairment, soiling, and materials damage. On October 17, 2006, EPA 
revised the primary and secondary 24-hour NAAQS for PM2.5 
to 35 [micro]g/m\3\ and retained the existing annual 
PM2.5 NAAQS of 15.0 [micro]g/m\3\ (71 FR 61236). On 
January 15, 2013, EPA published a final rule revising the primary 
annual PM2.5 NAAQS to 12 [micro]g/m\3\ (78 FR 3086).
---------------------------------------------------------------------------

    At this time, the Agency is not acting on changes included in the 
July 18, 2011, submittal to the following regulations in South 
Carolina's SIP: Regulation 61-62.1, Section I--``Definitions;'' 
Regulation 61-62.1, Section II--``Permit Requirements;'' Regulation 61-
62.3--``Air Pollution Episodes;'' Regulation 61-62.5, Standard No. 1--
``Emissions from Fuel Burning Operations;'' Regulation 61-62.5, 
Standard No. 4--``Emissions from Process Industries;'' or Regulation 
61-62.5, Standard No. 6--``Alternative Emission Limitation Options 
(Bubble).'' EPA approved the changes to Regulation 61-62.5, Standard 
No. 2--``Ambient Air Quality Standards,'' included in the July 18, 
2011, submittal, on April 3, 2013 (78 FR 1994). EPA is not acting on 
the changes included in the April 10, 2014,

[[Page 37301]]

submittal to the following regulations: Regulation 61-62.1, Section I--
``Definitions;'' Regulation 61-62.2--``Prohibition of Open Burning;'' 
Regulation 61-62.5, Standard No. 7--``Prevention of Significant 
Deterioration,'' at paragraph (b)(32)(i)(a); \3\ or Regulation 61-
62.6--``Control of Fugitive Particulate Matter.'' EPA is not acting on 
the changes included in the August 12, 2015, submittal to the following 
regulations: Regulation 61-62.5, Standard No. 1--``Emissions from Fuel 
Burning Operations,'' or Regulation 61-62.5, Standard No. 2--``Ambient 
Air Quality Standards.'' Additionally, EPA is not acting on the changes 
included in the January 20, 2016, submittal to the following 
regulations: Regulation 61-62.1, Section II--``Permit Requirements;'' 
Regulation 61-62.5, Standard No. 5--``Volatile Organic Compounds;'' or 
Regulation 61-62.6--``Control of Fugitive Particulate Matter.'' EPA 
will address these proposed changes to the South Carolina SIP in a 
separate action.
---------------------------------------------------------------------------

    \3\ The change to paragraph (b)(32)(i)(a) modifies the 
definition of ``major stationary source'' to spell out the acronym 
for ``NAICS'' as ``North American Industrial Classification System'' 
within the phrase ``except ethanol production facilities producing 
ethanol by natural fermentation under the North American Industry 
Classification System (NAICS) codes 325193 or 312140.'' EPA is not 
taking action on this change because the phrase regarding ethanol 
production facilities is not in the SIP. SC DHEC submitted the 
original phrase regarding ethanol production facilities for approval 
on April 14, 2009; however, EPA has not approved it into the SIP.
---------------------------------------------------------------------------

    The August 12, 2015, submittal includes a change to South 
Carolina's NNSR regulation, Regulation 61-62.5, Standard No. 7.1 at 
paragraph (d)(1)(C)(v)(b)(2) regarding the calculation of emission 
offsets. However, this change had previously been submitted to EPA on 
April 14, 2009, in response to a June 2, 2008, conditional approval of 
the NNSR program revisions (73 FR 31368), and was approved on June 23, 
2011 (76 FR 36875). Therefore, this change is not presently before EPA 
for consideration.\4\ There are other changes to the NNSR regulation 
included in the August 12, 2015, submittal that EPA is approving in 
this action, as detailed in Section III of this preamble.
---------------------------------------------------------------------------

    \4\ South Carolina also submitted changes to Regulation 61-62.5, 
Standard No. 7.1 regarding the calculation of emission offsets in a 
June 17, 2013, SIP submittal. These changes, at paragraphs 
(d)(1)(C)(v)(a)(2) and (3), were submitted to EPA on April 14, 2009, 
along with the change to paragraph (d)(1)(C)(v)(b)(2) described 
above, and were approved by EPA on June 23, 2011 (76 FR 36875). 
Therefore, these changes are not presently before EPA for 
consideration. All changes in the June 17, 2013, submittal regarding 
NNSR have been addressed by EPA.
---------------------------------------------------------------------------

    EPA is not acting on the following changes originally included in 
the August 12, 2015, submittal because they have been withdrawn from 
EPA's consideration via a December 20, 2016, letter. The August 12, 
2015, submittal originally included new language in Regulation 61-62.5, 
Standard No. 7 at paragraphs (b)(30)(v) and (b)(34)(iii)(d) to exclude 
fugitive emissions from the determination of creditable emission 
increases and decreases. This submittal also originally included a 
revision to the definition of ``best available control technology 
(BACT)'' in Regulation 61-62.5, Standard No. 7 at paragraph (b)(8), 
which reverted language in the definition to that included in a 
previous version of the South Carolina regulations. Both sets of 
revisions were withdrawn from EPA's consideration subsequent to the 
August 12, 2015, final submittal in the December 20, 2016, letter. 
Finally, a revision to the definition of ``net emissions increase'' in 
Regulation 61-62.5, Standard No. 7 at paragraph (b)(34)(iii)(c) was 
withdrawn in a June 27, 2017, letter. Both the December 20, 2016, and 
June 27, 2017, letters are included in the docket for this action.

II. Background

    This direct final action will revise South Carolina's PSD and NNSR 
regulations in the SIP as described in Section III, below. Many of 
these changes are administrative in nature, including updating internal 
references and correcting typographical errors. The July 18, 2011, SIP 
revision also makes changes to the NNSR regulations to adopt provisions 
from EPA's Phase 2 Rule for ozone nonattainment areas. The April 10, 
2014, submittal makes changes to PSD regulations to reflect EPA's 
PM2.5 Condensables Correction Rule. Background information 
on these federal rules is provided below.

A. Phase 2 Rule

    Part of South Carolina's July 18, 2011, SIP submittal to revise its 
NNSR regulations relates to EPA's Phase 2 Rule regarding updates to the 
implementation of the 1997 8-hour Ozone NAAQS. On November 29, 2005, 
EPA published the Phase 2 Rule, which addressed control and planning 
requirements as they applied to areas designated nonattainment for the 
1997 8-hour ozone NAAQS \5\ such as reasonably available control 
technology, reasonably available control measures, reasonable further 
progress, modeling and attainment demonstrations, NSR, and the impact 
to reformulated gas for the 1997 8-hour ozone NAAQS transition (70 FR 
71612). The NSR permitting requirements established in the rule 
included the following provisions: (1) Recognized nitrogen oxides as an 
ozone precursor for PSD purposes; (2) changes to the NNSR rules 
establishing major stationary source thresholds (marginal, moderate, 
serious, severe, and extreme nonattainment area classifications) and 
significant emission rates for the 8-hour ozone, PM10, and 
carbon monoxide NAAQS; and (3) revised the criteria for crediting 
emission reductions credits from operation shutdowns and curtailments 
as offsets, and changes to offset ratios for marginal, moderate, 
serious, severe, and extreme ozone nonattainment areas. For additional 
information on provisions in the Phase 2 Rule, see the November 29, 
2005, final rule (70 FR 71612).
---------------------------------------------------------------------------

    \5\ On July 18, 1997, EPA promulgated a revised 8-hour ozone 
NAAQS of 0.08 parts per million--also referred to as the 1997 8-hour 
ozone NAAQS. On April 30, 2004, EPA designated areas as 
unclassifiable/attainment, nonattainment, or unclassifiable for the 
1997 8-hour ozone NAAQS. In addition, on April 30, 2004, as part of 
the framework to implement the 1997 8-hour ozone NAAQS, EPA 
promulgated an implementation rule in two phases (Phase I and II). 
The Phase I Rule (effective on June 15, 2004), provided the 
implementation requirements for designating areas under subpart 1 
and subpart 2 of the CAA (69 FR 23951).
---------------------------------------------------------------------------

B. NSR PM2.5 Rule and PM2.5 Condensables 
Correction Rule

    On May 16, 2008, EPA finalized the rule entitled ``Implementation 
of the New Source Review (NSR) Program for Particulate Matter Less Than 
2.5 Micrometers (PM2.5),'' Final Rule, 73 FR 28321 (May 16, 
2008) (hereinafter referred to as the NSR PM2.5 Rule). The 
NSR PM2.5 Rule revised the federal NSR program requirements 
to establish the framework for implementing preconstruction permit 
review for the PM2.5 NAAQS in both attainment and 
nonattainment areas. South Carolina previously adopted most of the 
provisions promulgated in the NSR PM2.5 Rule, as approved on 
June 23, 2011 (76 FR 36875).
    In the NSR PM2.5 Rule, EPA revised the definition of 
``regulated NSR pollutant'' for PSD to add a paragraph providing that 
``particulate matter (PM) emissions, PM2.5 emissions, and 
PM10 emissions'' must include gaseous emissions from a 
source or activity which condense to form particulate matter at ambient 
temperatures and that on or after January 1, 2011, such condensable 
particulate matter must be accounted for in applicability 
determinations and in establishing emissions limitations for PM, 
PM2.5 and

[[Page 37302]]

PM10 in permits. See 73 FR 28348-49 (changes made to 40 CFR 
51.166(b)(49)(vi), 52.21(b)(50)(vi), and 40 CFR part 51, Appendix S--
Emissions Offset Interpretative Ruling). A similar paragraph added to 
the NNSR rule does not include the phrase ``particulate matter (PM) 
emissions'' or the term ``PM''\6\ within the definition of ``regulated 
NSR pollutant.'' See 73 FR 28347.
---------------------------------------------------------------------------

    \6\ The terms ``PM2.5'' and ``PM10'' 
remain in the definition.
---------------------------------------------------------------------------

    On October 25, 2012, EPA finalized a rulemaking to amend the 
definition of ``regulated NSR pollutant'' promulgated in the NSR 
PM2.5 Rule regarding the PM condensable provision at 40 CFR 
51.166(b)(49)(vi), 52.21(b)(50)(i), and 40 CFR part 51, Appendix S--
``Emissions Offset Interpretative Ruling.'' 77 FR 65107. The rulemaking 
simply removed the phrase ``particulate matter (PM) emissions'' and the 
term ``PM'' from the definition of ``regulated NSR pollutant'' in these 
rules thereby eliminating the inadvertent requirement in the NSR 
PM2.5 Rule that the measurement of condensable ``particulate 
matter (PM) emissions'' be included as part of the measurement and 
regulation of condensable PM for the NAAQS. The phrase ``particulate 
matter (PM) emissions'' includes particles that are larger than 
PM2.5 and PM10 and is an indicator measured under 
various New Source Performance Standards (NSPS) (40 CFR part 60).

III. Analysis of the State's Submittals

A. Submittal Dated July 18, 2011

    South Carolina's July 18, 2011, SIP revision made changes to the 
PSD regulation, Regulation 61-62.5, Standard No. 7, to make internal 
references consistent. These changes are made to Standard No. 7 at 
paragraphs (q)(2) and (q)(3)--``Public participation;'' (r)(4)--
``Source obligation;'' and (w)(1)--``Permit rescission'' and were state 
effective on May 27, 2011. EPA is approving these administrative edits 
to the SIP.
    This SIP submittal also made changes to the NNSR regulation, 
Regulation 61-62.5, Standard No. 7.1, at paragraph (c)(7)(A)(i), 
adopting thresholds in the definition of ``major stationary source'' 
for different classifications of ozone nonattainment areas (as codified 
at 40 CFR 51.165(a)(1)(iv)(A)(1)). These thresholds correspond to 
precursors of ozone in ``serious'' and ``extreme'' nonattainment areas. 
EPA is approving these changes to the NNSR regulations as consistent 
with the Phase 2 Rule. South Carolina adopted other provisions 
promulgated in the Phase 2 Rule previously, and EPA approved them into 
the South Carolina SIP on June 2, 2008 (73 FR 31368) and June 23, 2011 
(76 FR 36875).
    EPA has concluded that incorporating these change into the SIP will 
not interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any other 
applicable requirement of the CAA. The changes to Regulation 61-62.5, 
Standard No. 7 are administrative in nature, and the changes to 
Standard No. 7.1 increase the number of sources potentially subject to 
NNSR permitting by establishing lower emissions thresholds.

B. Submittal Dated April 10, 2014

    South Carolina's April 10, 2014, SIP revision made changes to the 
definitions in the PSD regulation, Regulation 61-62.5, Standard No. 7. 
The only changes that EPA is adopting from the April 10, 2014, 
submittal in this rulemaking are at paragraph (b)(44) regarding the 
definition of ``regulated NSR pollutant.'' These changes were state 
effective on December 27, 2013. This definition is revised to be 
consistent with the PM2.5 Condensables Correction Rule, 
detailed in Section II, above, by removing the phrase ``particulate 
matter (PM) emissions'' and the term ``PM'' which were originally 
included in the federal definition in error and by rearranging the 
formatting structure of the definition.
    A March 14, 2011, SIP submittal adopted provisions promulgated in 
the NSR PM2.5 Rule, as approved into the SIP on June 23, 
2011 (76 FR 36875). This previous approval also adopted the phrase 
``particulate matter (PM) emissions'' and the term ``PM'' as 
promulgated in error in the PM2.5 NSR Rule. The April 10, 
2014, submittal in effect only removes the problematic language to be 
consistent with the current federal definition and rearranges the 
definition because EPA approved the remaining changes to (b)(44) in the 
June 23, 2011, action discussed above.
    In today's action, EPA is approving the changes that remove the 
phrase ``particulate matter (PM) emissions'' and the term ``PM'' and 
that rearrange the formatting structure of the definition for 
consistency with the PM2.5 Condensables Correction Rule. EPA 
has concluded that incorporating these change into the SIP will not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any other 
applicable requirement of the CAA. The changes merely correct an 
inadvertent error in the PSD regulations as discussed above.

C. Submittal Dated August 12, 2015

    The August 12, 2015, SIP revision modifies the definitions of 
``baseline actual emissions'' and ``projected actual emissions'' in 
Regulation 61-62.5, Standard No. 7 at paragraphs (b)(4)(i)(a), 
(b)(4)(ii)(a), and (b)(41)(ii)(b) and in Standard No. 7.1 at paragraphs 
(c)(2)(A)(i), (c)(2)(B)(i), and (c)(11)(B)(ii) to include emissions 
associated with ``malfunctions'' in determining PSD and NNSR 
applicability, respectively. These changes were state effective on June 
26, 2015.
    EPA added malfunction emissions to the federal definitions of 
``baseline actual emissions'' and ``projected actual emissions'' as 
part of its NSR reform rules.\7\ In its July 1, 2005, SIP revision 
addressing NSR reform, the State sought to exclude this change from its 
SIP-approved PSD and NNSR regulations. The State's primary motivation 
for seeking the exclusion was its belief that it would be difficult for 
the regulated community to predict and quantify malfunction emissions 
when estimating projected actual emissions. EPA conditionally approved 
South Carolina's SIP revision on June 2, 2008 (73 FR 31368), noting in 
the associated September 12, 2007, notice of proposed rulemaking (72 FR 
52031) that the exclusion of malfunction emissions did not lessen the 
stringency of the State's NSR program. South Carolina updated its 
regulations in a submittal dated April 14, 2009, to satisfy the 
conditional approval, resulting in a formal approval on June 23, 2011 
(76 FR 36875).
---------------------------------------------------------------------------

    \7\ EPA published rules on December 31, 2002 (67 FR 80186), 
November 7, 2003 (68 FR 63021), on June 13, 2007 (72 FR 32526), 
revising the methodology for determining ``baseline actual 
emissions'' among other things. Sometimes, these rules taken 
together are referred to as ``NSR reform.'' For more information on 
NSR reform, see https://www.epa.gov/nsr/nsr-regulatory-actions#nsrreform.
---------------------------------------------------------------------------

    South Carolina's August 12, 2015, submittal seeks to add 
malfunction emissions to the definitions of ``baseline actual 
emissions'' and ``projected actual emissions'' in its SIP-approved PSD 
and NNSR regulations. The State retains the requirement that ``baseline 
actual emissions'' exclude any non-compliant emissions that occur while 
the source was operating above any emission limitation that was legally 
enforceable during the 24-month period used to calculate baseline 
emissions. EPA has concluded that incorporating these changes into the 
SIP will not interfere with any applicable requirement concerning 
attainment and reasonable further progress (as defined in section 171), 
or any other applicable requirement of the CAA. The State is

[[Page 37303]]

requesting the change for consistency with the federal rules because 
the discrepancy was causing confusion among the regulated community and 
because the regulated community had not substantiated the State's 
initial concerns regarding the potential difficulty in projecting 
malfunction emissions. In its July 1, 2005, SIP submittal, the State 
concluded that there would be no environmental benefit to excluding 
malfunction emissions from the definitions at issue because the 
inclusion of malfunction emissions in both baseline actual emissions 
and projected actual emissions ``would cancel each other out because 
they typically would be the same before and after a change.\8\'' In 
correspondence associated with the August 12, 2015, submittal, the 
State affirms that the exclusion has provided no environmental 
benefit.\9\ Furthermore, EPA notes that there are no nonattainment 
areas in South Carolina, and that air quality is below the NAAQS for 
all criteria pollutants.\10\
---------------------------------------------------------------------------

    \8\ See South Carolina's July 1, 2005, SIP submittal which is 
included in the docket for today's action.
    \9\ See email communication from Elizabeth Basil, SC DHEC, to 
Brad Akers, EPA Region 4 dated September 1, 2016, included in the 
docket for this action.
    \10\ Air quality design values for all criteria air pollutants 
are available at: https://www.epa.gov/air-trends/air-quality-design-values.
---------------------------------------------------------------------------

    The August 12, 2015, submittal made other changes to the PSD 
regulation, Regulation 61-62.5, Standard No. 7, to correct 
typographical errors, clarify certain provisions, and mirror Federal 
provisions. These changes are made to the following paragraphs: 
(a)(2)(iv)(f) Regarding ``Applicability procedures;'' (b)(5)(ii)(b), 
(b)(32)(i)(a), and (b)(34)(vi)(c) regarding the definitions of 
``baseline area,'' ``major stationary source,'' and ``net emissions 
increase,'' respectively; (i)(8)(ii) and (i)(10)--``Exemptions;'' 
(m)(1)(i)(a) regarding ``Air quality analysis;'' (n)(1) regarding 
``Source information;'' (u)(4) regarding class III areas; and 
(aa)(6)(ii) and (aa)(8)(ii)(b)(2) regarding ``Actuals [Plantwide 
Applicability Limits] PALs.'' The August 12, 2015, submittal made other 
changes to the NNSR regulation, Regulation 61-62.5, Standard No. 7.1, 
at paragraph (i)(6)(ii) regarding ``Actuals PALs'' for consistency with 
Federal regulations. EPA is approving these changes to the SIP with the 
exception of the change to Regulation 61-62.5, Standard No. 7, 
paragraph (b)(32)(i)(a) as noted in Section I, above. EPA has concluded 
that incorporating these changes into the SIP will not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress (as defined in section 171), or any other applicable 
requirement of the CAA. These changes are primarily administrative and 
do not substantively impact applicability requirements or emissions 
from subject units.

D. Submittal Dated January 20, 2016

    The January 20, 2016, submittal made changes to the NNSR 
regulation, Regulation 61-62.5, Standard No. 7.1, only to correct 
typographical errors and to make internal references consistent. These 
changes, state effective on November 27, 2015, are made to paragraphs 
(c)(6)(C)(v)(a) and (c)(7)(A)(i)(d) regarding the definitions of 
``major modification'' and ``major stationary source;'' and paragraph 
(d)(1)(C)(viii) regarding ``Permitting requirements.'' EPA is approving 
these changes to the SIP. EPA has concluded that incorporating these 
changes into the SIP will not interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171), or any other applicable requirement of the CAA because 
the changes are administrative in nature.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the SC DHEC 
regulatory paragraphs identified above in Section III within SC DHEC 
Regulation No. 61-62.5, Standard No. 7, entitled ``Prevention of 
Significant Deterioration,'' state effective on May 27, 2011 
(paragraphs identified in Section III.A, above), December 27, 2013 
(paragraphs identified in Section III.B, above), and June 26, 2015 
(paragraphs identified in Section III.C, above), and the SC DHEC 
regulatory paragraphs identified above in Section III within Standard 
No. 7.1, entitled ``Nonattainment New Source Review,'' state effective 
on May 27, 2011 (paragraphs identified in Section III.A, above), June 
26, 2015 (paragraphs identified in Section III.C, above), and November 
27, 2015 (paragraphs identified in Section III.D, above). Therefore, 
these materials have been approved by EPA for inclusion in the SIP, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\11\ EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 4 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
---------------------------------------------------------------------------

    \11\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Final Action

    EPA is approving the changes to the SIP identified in Section III, 
above, because they are consistent with the CFR and the CAA. EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial submittal and anticipates no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision should adverse 
comments be filed. This rule will be effective October 10, 2017 without 
further notice unless the Agency receives adverse comments by September 
11, 2017.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on October 10, 2017 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

VI. 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. See 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

[[Page 37304]]

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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 direct final action for the State of South 
Carolina does not have Tribal implications as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000), because it does not have 
substantial direct effects on an Indian Tribe. The Catawba Indian 
Nation Reservation is located within the state of 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 authorities.'' 
EPA notes this action will not impose 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 October 10, 2017. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Nitrogen dioxide, Ozone, Particulate matter, Volatile 
organic compounds.

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

    Dated: July 26, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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(c) is amended by revising entries under Regulation 
No. 62.5 for ``Standard No. 7'' and ``Standard No. 7.1'' and by 
revising footnote 1 to the table to read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                            State effective    EPA  approval   Federal Register
         State citation               Title/subject              date              date             Notice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Standard No. 7.................  Prevention of            June 26, 2015 \1\.       8/10/2017  [Insert citation
                                  Significant                                                  of publication]
                                  Deterioration.
Standard No. 7.1...............  Nonattainment New        November 27, 2015        8/10/2017  [Insert citation
                                  Source Review.           \1\.                                of publication]
 

[[Page 37305]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ EPA did not take action on the version of Regulation 61-62.5, Standard No. 7, paragraph (b)(32)(i)(a) state
  effective on December 27, 2013, included in a SIP revision submitted by the State on April 10, 2014, because
  this version contains changes to a phrase regarding ethanol production facilities that is not in the SIP.
  South Carolina submitted a SIP revision on April 14, 2009, that includes the phrase ``except ethanol
  production facilities producing ethanol by natural fermentation under the North American Industry
  Classification System (NAICS) codes 325193 or 312140,'' as amended in the Ethanol Rule (72 FR 24060 (May 1,
  2007)), at Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and at Standard No.
  7.1, paragraphs (c)7(C)(xx) and (e)(T). EPA has not taken action to approve that portion of the April 14,
  2009, SIP revision and incorporate this phrase into the SIP. The version of Standard No. 7, paragraphs
  (b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)1(vii)(t) and Standard No. 7.1, paragraphs (c)(7)(C)(xx) and (e)(T)
  was state effective on June 24, 2005 and conditionally approved by EPA on June 2, 2008 (73 FR 31369), and were
  fully approved on June 23, 2011 (76 FR 36875).

* * * * *
[FR Doc. 2017-16810 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P


