[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29455-29458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13446]
[[Page 29455]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0385; FRL-9979-80--Region 4]
Air Plan Approval; SC: Multiple Revisions to Air Pollution
Control Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve changes to the South Carolina State Implementation
Plan (SIP) to revise miscellaneous rules covering air pollution control
standards. 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:
October 1, 2007, July 18, 2011, June 17, 2013, August 8, 2014, July 27,
2016, and November 4, 2016. These actions are being taken pursuant to
the Clean Air Act (CAA or Act).
DATES: This rule will be effective July 25, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0385. 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, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
The telephone number is (404) 562-8726. Mr. Wong can also be reached
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2007, July 18, 2011, June 17, 2013, August 8, 2014,
July 27, 2016, and November 4, 2016, SC DHEC submitted SIP revisions to
EPA for approval that involve changes to South Carolina's SIP
regulations to make administrative and clarifying amendments, revise
regulations, and correct typographical errors. These SIP submittals
make changes to several air quality rules in the South Carolina Code of
Regulations Annotated (S.C. Code Ann. Regs.). The changes EPA is
approving into the SIP in this action modify portions of Regulation 61-
62.5, Standard No. 1--Emissions From Fuel Burning Operations and
Regulation 61-62.5, Standard No. 4--Emissions From Process Industries.
EPA is not acting on other changes that are included in these
submittals. EPA will act on those changes in separate actions.
II. Analysis of South Carolina's Submittals
A. Regulation 61-62.5, Standard No. 1--Emissions From Fuel Burning
Operations
South Carolina is amending multiple sections at Regulation 61-62.5,
Standard No. 1--Emissions from Fuel Burning Operations. The August 8,
2014, submittal makes the following changes: (1) Clarifies sulfur
dioxide (SO2) maximum allowable discharge limits at Section
III--Sulfur Dioxide Emissions; and (2) makes administrative and
clarifying edits throughout Standard No. 1. The revision in Section
III--Sulfur Dioxide Emissions streamlines the requirement by setting a
maximum SO2 limit of 2.3 pounds per million British thermal
units (lb/MMBtu) from fuel burning operations. The current approved
Standard sets two SO2 limits, 2.3 lb/MMBtu or 3.5 lb/MMBtu
across various classification categories. Therefore, this revision
would streamline the rule to the lower of the two limits allowed for
such sources. Lastly, this submittal makes administrative and
clarifying edits in Section I--Visible Emissions,\1\ Section II--
Particulate Matter Emissions, Section III--Sulfur Dioxide Emissions,
Section IV--Opacity Monitoring Requirements,\2\ and Section VI--
Periodic Testing.
---------------------------------------------------------------------------
\1\ EPA is taking final action to approve the revisions in
Section I, with a state effective date of June 27, 2014. EPA has two
revisions pertaining to subparagraph C ``Special Provisions''
submitted by the State on July 18, 2011, and August 12, 2015, with
state effective dates of May 27, 2011 and June 26, 2015,
respectively, and will address these changes in a separate action.
\2\ EPA is taking final action to approve the revisions in
Section IV, with the exception of subparagraph B ``Continuous
Opacity Monitor Reporting Requirements,'' submitted by the State on
August 8, 2014 with a state effective date of June 27, 2014. EPA
will address revisions in subparagraph B, also in an August 12,
2015, submittal, in a separate action.
---------------------------------------------------------------------------
The November 4, 2016, submittal makes typographical corrections
under Section IV--Opacity Reporting Requirements.\3\ EPA has reviewed
the aforementioned changes to South Carolina's Regulation 61-62.5,
Standard No. 1 and is approving the changes into the SIP pursuant to
CAA section 110.
---------------------------------------------------------------------------
\3\ The November 4, 2016, submittal with a state effective date
of September 23, 2016, would supersede the 2014 revision with the
exception of subparagraph B as mentioned in footnote #2.
---------------------------------------------------------------------------
B. Regulation 61-62.5, Standard No. 4--Emissions From Process
Industries
South Carolina is amending multiple sections at Regulation 61-62.5,
Standard No. 4--Emissions from Process Industries. The October 1, 2007,
submittal removes Section IV--Portland Cement Manufacturing from the
SIP. This rule contains particulate matter (PM) emission limits for
cement kilns with a production rate of up to 120 tons per hour and it
establishes a 20 percent allowable stack opacity limit for certain
components of Portland cement plants. SC DHEC states that there are no
Portland cement plants operating at 120 tons per hour or less in the
State because it is not economically feasible. SC DHEC asserts that
removing this rule would not create a relaxation as there are no
applicable sources subject to this regulation. Additionally, should
such a source start operation, it would be subject to more stringent PM
emissions limits in New Source Performance Standards (NSPS) subpart F
(Standards of Performance for Portland Cement Plants).
The July 18, 2011, submittal amends Section V--Cotton Gins by
removing established specific emission limits based on production rate
(output) of bales of cotton per hour and replacing that with specific,
measurable performance requirements and operating standards.\4\ SC DHEC
considered CAA section 110(l) in
[[Page 29456]]
making this change. SC DEHC explains that the rule development is based
on best management practices outlined in the United States Department
of Agriculture's Cotton Ginners Handbook, staff experience with
effective emission reduction techniques, the review of other state
regulations on cotton gins, and several discussions with the affected
industry. The new rule assures a greater degree of control of these
emissions than that which would result from the existing process weight
rate curve and also allows the State to more effectively determine
compliance. The revised rule requires enforceable control of emissions
from specific point sources in the ginning process rather than an
allowable emission rate, and it establishes requirements to minimize
fugitive emissions from various sources at cotton ginning facilities.
The revised rule also sets applicable requirements for good
housekeeping practices in the gin yard, weekly monitoring of control
efficiency, recordkeeping, and reporting. The revised regulation will
provide for improved emissions control through practicably enforceable
control of emissions, use of state of the art pollution control
devices, and minimization of fugitive emissions. The June 17, 2013,
submittal makes a subsequent typographical correction to Section V.
---------------------------------------------------------------------------
\4\ SC DHEC's July 18, 2011 submittal makes a change to Section
XII, subparagraph B regarding Total Reduced Solids (TRS). The August
8, 2014, submittal would supersede the 2011 revision.
---------------------------------------------------------------------------
The August 8, 2014, submittal makes the following changes: (1)
Removes a PM emissions limit at Section III--Kraft Pulp and Paper
Manufacturing; (2) revises the frequency required for reporting excess
emissions at Section XI--Total Reduced Sulfur Emissions of Kraft Pulp
Mills; (3) removes the periodic testing requirement for TRS at Section
XII--Periodic Testing; and (4) makes administrative and clarifying
edits throughout Standard No. 4. At Section III, the submittal removes
the table column ``Maximum Allowable Emissions of PM in pounds/
equivalent Ton of Air Dried, Unbleached Pulp Produced'' and retains the
``Maximum Allowable Stack Opacity.'' SC DEHC asserts that this will not
result in a relaxation of emission limits because the subject sources
are covered under more stringent PM limits under the NESHAP (subpart
S--National Emission Standards for Hazardous Air Pollutants from the
Pulp and Paper Industry). Additionally, the word ``opacity'' replaces
``rate of emissions.''
At Section XI, the August 8, 2014, submittal changes the required
excess emissions reporting frequency in subparagraph D.3. from
quarterly to semi-annual. SC DHEC considered CAA sections 110(l) and
193 in making the change and asserts changing reporting from quarterly
to semi-annual will not affect the level of emissions or compromise the
national ambient air quality standards. SC DHEC cites to several
Federal and state regulations that address excess emissions reporting,
including NSPS subpart BB Standards of Performance for Kraft Pulp
Mills; South Carolina Regulation 61-62.5, Standard No. 4 Section
XI(D)(3) Total Reduced Sulfur Emissions of Kraft Pulp Mills; South
Carolina Regulations 61-62.1, Section II(J)(2) Permit Requirements; and
South Carolina Regulation 61-62.70 Title V Operating Permit Program.
At Section XII, the August 8, 2014, submittal removes the periodic
testing requirement for TRS. SC DHEC states that most sources are
required to test under NSPS or NESHAP rules. The few sources that are
not required to test have enough historical test data to develop an
allowable operating range which can be handled during the permitting
process. Additionally, the S.C. Pollution Control Act (48-1-50, Powers
of the Department) makes provision for SC DHEC to ask for a source test
and permits are often drafted with language allowing SC DEHC to ask for
source tests. Therefore, the requirements will be no less stringent
than what is allowed through current regulatory and permitting
authority to review testing requirements.
Lastly, the August 8, 2014, submittal makes minor typographical,
renumbering, and clarifying edits to Standard No. 4 in Section II--
Sulfuric Acid Manufacturing, Section V--Cotton Gins, Section XI--Total
Reduced Sulfur Emissions of Kraft Pulp Mills, and Section XII--Periodic
Testing.
The July 27, 2016, submittal changes Section VIII--Other
Manufacturing by excluding Kraft Pulp and Paper Manufacturing
facilities. This Section sets PM emission limits for source categories
not specified elsewhere in Standard No. 4. The change to exclude Kraft
Pulp and Paper Manufacturing facilities aligns with the August 8, 2014,
revision, as previously discussed in this notice. The submittal also
makes minor typographical, renumbering, and clarifying edits to Section
XII--Periodic Testing.
EPA has reviewed the aforementioned changes to South Carolina's
Regulation 61-62.5, Standard No. 4 and is approving the revisions into
the SIP pursuant to CAA section 110, and where applicable CAA section
193.
III. Response to Comments
EPA previously proposed to approve these changes, and others, to
the South Carolina SIP on August 16, 2017 (82 FR 38874) along with a
direct final rule published the same date (82 FR 38828). The proposed
rule stated that if EPA received adverse comment on the direct final
rule, the direct final rule would be withdrawn and all public comments
received would be addressed in a subsequent final rule based on the
proposed rule. EPA received one adverse comment from a Commenter
regarding the portion of the SIP submittals that EPA is addressing in
this action, specifically regarding revision of Regulation 61-62.5,
Standard No. 4--Emissions from Process Industries, Section IV--Portland
Cement Manufacturing. EPA accordingly withdrew those portions of the
direct final rule on October 13, 2017 (82 FR 47640).\5\ EPA has
considered the adverse comment received and is now approving the change
to Regulation 61-62.5, Section IV.
---------------------------------------------------------------------------
\5\ The Commenter also made a comment on Regulation 61-62.5,
Standard No. 1--Emissions From Fuel Burning Operations, subparagraph
C of Section I--Visible Emissions. EPA will address that in a
separate action.
---------------------------------------------------------------------------
Comment: The Commenter states EPA needs to ensure that no
mothballed facilities would be able to restart under the new standard.
The Commenter also states that mothballed facilities may still maintain
operating permits and may restart under these permits without becoming
new sources and subject to NSPS requirements.
Response: EPA notes that operating permits are not issued in
perpetuity. A source must renew the permit to continue operations and
is required to operate within the emissions limitations established in
the permit. If operations resume at a source that has ceased operations
for more than two \6\ years, that source is subject to new source
requirements, regardless of whether that source had previously
indicated that it would cease operations permanently. Additionally, SC
DHEC provided a letter on February 22, 2018,\7\ stating there are no
mothballed sources below the 120 tons per hour level anywhere in the
State.
---------------------------------------------------------------------------
\6\ U.S. EPA Applicability Determination Index for NSPS on
August 29, 1990, for Florida Portland Cement. Document is available
in the Docket.
\7\ Letter is located in the Federal Docket.
---------------------------------------------------------------------------
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 South
Carolina Regulation 61-62.5, Standard No. 1 Section I--Visible
Emissions, Section II--Particulate Matter Emissions,
[[Page 29457]]
Section III--Sulfur Dioxide Emissions, Section VI--Periodic Testing,
state effective June 27, 2014, and Section IV--Opacity Monitoring
Requirements state effective September 23, 2016, which makes
administrative and clarifying changes for consistency, removes log
reporting requirements, revises monitoring requirements, and Regulation
61-62.5, Standard No. 4 Section II--Sulfuric Acid Manufacturing,
Section III--Kraft Pulp and Paper Manufacturing, Section V--Cotton
Gins, Section XI--Total Reduced Sulfur Emissions of Kraft Pulp Mills
state effective June 27, 2014, and Section VIII--Other Manufacturing,
Section XII--Periodic Testing state effective June 24, 2016, which
makes administrative and clarifying changes for consistency, removes
specific emission rates, and reporting requirements. 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 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 in the
next update to the SIP compilation.\8\
---------------------------------------------------------------------------
\8\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Final Action
This is a final action based on the proposed rule (82 FR 38874).
For the reasons discussed above, EPA is approving the aforementioned
changes to the South Carolina SIP, submitted on October 1, 2007, July
18, 2011, June 17, 2013, August 8, 2014, July 27, 2016, and November 4,
2016, because they are consistent with the CAA and federal regulations.
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. These actions merely
approve state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are 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);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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 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 August 24, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 12, 2018.
Onis ``Trey'' Glenn III,
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, paragraph (c) is amended by:
0
a. Revising the entries under Regulation No. 62.5, Standard No. 1, for
``Section I,'' ``Section II,'' ``Section III,'' ``Section IV,'' and
``Section VI;''
[[Page 29458]]
0
b. Revising the entries under Regulation No. 62.5, Standard No. 4, for
``Section II,'' ``Section III,'' ``Section V,'' ``Section VIII,''
``Section XI,'' and ``Section XII''; and
0
c. Removing the entry under Regulation No. 62.5, Standard No. 4, for
``Section IV''
The revisions read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regulation No. 62.5............ Air Pollution
Control Standards.
Standard No. 1................. Emissions from Fuel
Burning Operations.
Section I...................... Visible Emissions... 6/27/2014 6/25/2018, [Insert Except for
citation of subparagraph C
publication]. ``Special
Provisions,''
including those
versions submitted
by the State on
July 18, 2011 and
August 12, 2015.
Therefore,
subparagraph C
retains the
version that was
state effective
October 26, 2001.
Section II..................... Particulate Matter 6/27/2014 6/25/2018, [Insert
Emissions. citation of
publication].
Section III.................... Sulfur Dioxide 6/27/2014 6/25/2018, [Insert
Emissions. citation of
publication].
Section IV..................... Opacity Monitoring 9/23/2016 6/25/2018, [Insert Except subparagraph
Requirements. citation of B ``Continuous
publication]. Opacity Monitor
Reporting
Requirements,''
including those
versions submitted
by the State on
August 8, 2014 and
August 12, 2015.
Therefore,
subparagraph B
retains the
version that was
state effective
September 28,
2012.
* * * * * * *
Section VI..................... Periodic Testing.... 6/27/2014 6/25/2018, [Insert
citation of
publication].
* * * * * * *
Standard No. 4................. Emissions From
Process Industries.
* * * * * * *
Section II..................... Sulfuric Acid 6/27/2014 6/25/2018, [Insert
Manufacturing. citation of
publication].
Section III.................... Kraft Pulp and Paper 6/27/2014 6/25/2018, [Insert
Manufacturing citation of
Plants. publication].
Section V...................... Cotton Gins......... 6/27/2014 6/25/2018, [Insert
citation of
publication].
* * * * * * *
Section VIII................... Other Manufacturing. 6/24/2016 6/25/2018, [Insert
citation of
publication].
* * * * * * *
Section XI..................... Total Reduced Sulfur 6/27/2014 6/25/2018, [Insert
Emissions of Kraft citation of
Pulp Mills. publication].
Section XII.................... Periodic Testing.... 6/24/2016 6/25/2018, [Insert
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-13446 Filed 6-22-18; 8:45 am]
BILLING CODE 6560-50-P