[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29696-29698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13571]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0557; FRL-9979-92-Region 4]


Air Plan Approval; SC; VOC Definition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the South Carolina State Implementation 
Plan (SIP). The revision makes a modification to the definition of 
``volatile organic compounds'' (VOC). EPA is approving the SIP revision 
submitted by the State of South Carolina, through the South Carolina 
Department of Health and Environmental Control (DHEC) on September 5, 
2017, because the State has demonstrated that these changes are 
consistent with the Clean Air Act (CAA or Act).

DATES: This rule will be effective July 26, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0557. All documents in the docket 
are listed on the www.regulations.gov website. 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 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. 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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 29, 2004 (69 FR 69298), EPA issued a final rule 
revising the definition of VOC at 40 CFR 51.100(s) by adding tertiary 
butyl acetate (or t-Butyl acetate or TBAC) to the list of compounds 
that are considered to be negligibly reactive and excluded from the 
definition of VOC. Additionally, on February 25, 2016 (81 FR 9339), EPA 
issued a final rule further revising the definition of VOC at 40 CFR 
51.100(s) by removing the recordkeeping, emissions reporting, 
photochemical dispersion modeling, and inventory requirements for t-
Butyl acetate. EPA removed these requirements in part because there was 
no evidence that TBAC was being used at levels that cause concern for 
ozone formation and because the data that had been collected under 
these requirements had proven to be of limited utility in judging the 
cumulative impacts of exempted compounds.\1\ See 81 FR 9339, 9341.
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    \1\ In the 2016 EPA rule, EPA also discussed the efforts 
surrounding any future determinations about the health risks 
associated with TBAC, including noting that data collected through 
the recordkeeping and reporting requirements did not appear relevant 
to any such future determinations and that EPA was assessing the 
health risks from TBAC through its Integrated Risk Information 
System. This effort is on-going and more information regarding 
health risks may be found at EPA's previous 2016 rulemaking (81 FR 
9339, 9341).
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    On February 15, 2018 (83 FR 6822), EPA published a notice of 
proposed rulemaking (NPRM) for changes to the South Carolina SIP, 
submitted by the South Carolina DHEC on September 5, 2017. The 
submission revises South Carolina Regulation 61-62.1--Definitions and 
General Requirements, specifically Section I--``Definitions,'' by 
removing the recordkeeping, emissions reporting, photochemical 
dispersion modeling, and inventory requirements for t-Butyl acetate. 
EPA received one adverse comment in the proposed rulemaking. After 
considering the adverse comment, EPA is now taking final action to 
approve the South Carolina Regulation 61-62.1, Section I--
``Definitions'' revision. For more information, see the February 15, 
2018, NPRM.

II. Response to Comment

    Comment: EPA received one adverse comment to the revision to 
Regulation 61-62.1, Section I--``Definitions.'' The Commenter asserted 
that air quality policy should be based on no negative impacts on 
health, and as a result, stated, ``This proposed revision would do the 
opposite because it fails to acknowledge the change in emissions that 
South Carolina could undertake after tert-butyl acetate (TBAc) is taken 
off the states list of volatile organic compounds. I reject this 
revision because EPA's logic for approval is flawed when they say, ``. 
. . There was no evidence that TBAc was being used at levels that cause 
concern for ozone formation . . .''. The Commenter expressed concerns 
that the use of TBAC could change in South Carolina, and since record 
keeping and monitoring will no longer be required, this impact will not 
be assessed. Because of these concerns, the Commenter recommended that 
EPA prohibit South Carolina from adding TBAC to the negligibly reactive 
list and require South Carolina to continue monitoring TBAC. Finally, 
the Commenter noted health effects of TBAC.
    Response: EPA previously approved South Carolina's revision of its 
definition of VOC which added t-Butyl acetate to the list of negligibly 
reactive compounds that are excluded from the State's definition of 
VOC. 72 FR 30704 (June 4, 2007). That prior rulemaking action is final 
and is not reopened in the current rulemaking action. Similarly, EPA's 
prior 2004 (60 FR 69298) final rulemaking that revised the definition 
of VOC to exclude TBAC as a negligibly reactive compound and EPA's 2016 
(81 FR 9339) final rulemaking that removed TBAC recordkeeping, 
emissions reporting, photochemical dispersion modeling, and inventory 
requirements for TBAC are also not reopened in the current rulemaking 
action. Rather, in the current action, the State is merely

[[Page 29697]]

updating the SIP to remove the recordkeeping, emissions reporting, 
modeling, and inventory requirements for TBAC consistent with EPA's 
2016 rulemaking and the federal definitions in 40 CFR 51.100(s).
    With regard to health risks, EPA acknowledges the comment regarding 
the health effects associated with TBAC and is continuing to take steps 
to assess potential risks associated with this compound. In the 2016 
EPA rule, EPA discussed the efforts surrounding any future 
determinations about the health risks associated with TBAC, including 
noting that data collected through the recordkeeping and reporting 
requirements did not appear relevant to any such future determinations 
and that EPA was assessing the health risks from TBAC through its 
Integrated Risk Information System. This effort is ongoing, and we 
refer the Commenter to EPA's previous 2016 rulemaking (81 FR 9339, 
9341) for more information regarding health risks.

III. 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 South 
Carolina Regulation 61-62.1, Section I--``Definitions,'' effective 
August 25, 2017, which revises definitions applicable to the SIP. EPA 
has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA Region 4 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information). Therefore, 
these materials have been approved by EPA for inclusion in the State's 
implementation plan, 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 in the next update to 
the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    For the reasons discussed above, EPA is approving the 
aforementioned change to the South Carolina SIP, submitted on September 
5, 2017, because it is consistent with the CAA and federal regulations.

V. 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. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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 boundary of 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 
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 August 27, 2018. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: June 12, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

[[Page 29698]]

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 the entry under Regulation 
No. 62.1 for ``Section I'' to read as follows:


Sec.  52.2120   Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
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                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
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                                                  * * * * * * *
Section I........................  Definitions........       8/25/2017  6/26/2018, [Insert
                                                                         citation of
                                                                         publication].
 
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[FR Doc. 2018-13571 Filed 6-25-18; 8:45 am]
 BILLING CODE 6560-50-P


