[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Rules and Regulations]
[Pages 19994-19998]
From the Federal Register Online via the Government Publishing 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: [email protected]. 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: [email protected]. 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:
[email protected].
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
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State EPA approval Federal Register
State citation Title/subject effective date date notice
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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\.
* * * * * * *
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\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