Approval and Promulgation of Implementation Plans; South Carolina

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-025-1-5643; FRL-4859-4]

Approval and Promulgation of Implementation Plans; South Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On September 18, 1990, and July 23, 1992, South Carolina

submitted, through the South Carolina Department of Health and

Environmental Control (SCDEHC), revisions to the South Carolina State

Implementation Plan (SIP). This notice approves the revisions to South

Carolina's air quality regulations pertaining to the definition of a

Volatile Organic Compound (VOC), VOC Recordkeeping in ozone (O3)

nonattainment areas, and the control of industrial emissions of

nitrogen dioxide (NO2) under the Prevention of Significant

Deterioration (PSD) program.

DATES: This final rule will become effective June 14, 1994 unless

notice is received by May 16, 1994 that someone wishes to submit

adverse or critical comments. If the effective date is delayed, timely

notice will be published in the Federal Register.

ADDRESSES: Written comments should be sent to Bill Eckert at the EPA

address in Atlanta, Georgia listed below. Copies of South Carolina's

submittal are available for public review during normal business hours

at the addresses listed below.

Air and Radiation Docket and Information Center (Air Docket 6102),

U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460.

Environmental Protection Agency, Region IV, Air Programs Branch,

345 Courtland Street NE., Atlanta, Georgia 30365.

South Carolina Department of Health and Environmental Control,

Bureau of Air Quality Control, 2600 Bull Street, Columbia, South

Carolina 29201.

FOR FURTHER INFORMATION CONTACT: Bill Eckert of the EPA Region IV Air

Programs Branch at (404) 347-2864 and at the Region IV address.

SUPPLEMENTARY INFORMATION: On September 18, 1990, South Carolina

submitted revisions to its SIP. After EPA reviewed this submittal, EPA

determined that there were deficiencies in the VOC and PSD portions of

the submittal. On July 23, 1992, South Carolina submitted additional

revisions to its SIP correcting the deficiencies identified in the

September 18, 1990, submittal. A brief description of the revisions

follows.

Regulation 61-62.1, Section I, Paragraph 74-Definition of VOC

The revisions to this rule submitted on July 23, 1992, made the

definition of VOC consistent with EPA's change in the definition of VOC

as published in a Federal Register document dated February 3, 1992 (57

FR 3943). In the February 3, 1992, document, five new compounds were

removed from the definition of VOC based on their negligible

photochemical reactivity.

Regulation 61-62.5, Standard No. 5, Section I, Part F, Paragraph 3-

VOC Recordkeeping in O3 nonattainment areas

On September 18, 1990, South Carolina submitted revisions to its

VOC regulations. In a Federal Register document published February 4,

1992, EPA determined that Regulation 61-62.5, Standard No. 5, Section

I, Part F (VOC Recordkeeping, Reporting, and Monitoring), was

insufficient because it did not contain provisions requiring VOC

sources located in O3 nonattainment areas to keep daily records.

On July 23, 1993, South Carolina submitted revisions updating its VOC

Recordkeeping provisions to be consistent with EPA requirements as

interpreted in pre-enactment guidance1 for VOC sources in O3

nonattainment areas. Specifically, the VOC Recordkeeping provisions

were updated to require that VOC sources keep daily records of

operations.

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\1\Among other things, the pre-amendment guidance consists of

the Post-87 Policy, 52 FR 45044 (11/24/87); the Blue Book, Issues

Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,

clarification of Appendix D of 52 FR 45044; and the existing Control

Techniques Guidelines (CTGs).

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Regulation 61-62.5, Standard No. 7

On September 18, 1990, South Carolina revised its PSD regulations

to require the control of the industrial emissions of NO2. In a

Federal Register document published February 4, 1992, EPA determined

that the submitted regulations were inadequate because they did not

contain provisions for NO2 increments. On July 23, 1992, South

Carolina submitted revisions to its PSD regulations to include NO2

increments as required by EPA. The maximum allowable increase for

NO2 measured on an annual average basis per source is 25

micrograms per cubic meter. South Carolina incorporates 40 CFR 52.21

(July 1, 1991) and 40 CFR 51.166 (July 1, 1991) by reference. These

revisions satisfy the requirements for States to incorporate the

control of industrial emissions of NO2 and NO2 increments

into their SIPs.

Final Action

EPA is approving the aforementioned revisions to the South Carolina

SIP. EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the Clean Air Act (CAA). EPA has

determined that the revisions conform with the CAA requirements and is

therefore approving the revisions.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State of South Carolina is already imposing. Therefore,

because the Federal SIP-approval does not impose any new requirements,

it does not have a significant economic impact on any small entities

affected. Moreover, due to the nature of the Federal-state relationship

under the CAA, preparation of a regulatory flexibility analysis would

constitute Federal inquiry into the economic reasonableness of state

action. The CAA forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. vs. U.S. E.P.A., 427 U.S. 246, 256-66

(S.Ct. 1976); 42 U.S.C. 7410(a)(2).

This action is being taken without prior proposal because the

changes are noncontroversial and EPA anticipates no significant

comments on them. The public should be advised that this action will be

effective June 14, 1994. If, however, notice is received by May 16,

1994 that someone wishes to submit adverse or critical comments, this

action will be withdrawn and two subsequent documents will be published

before the effective date. One will withdraw the final action and the

other will begin a new rulemaking by announcing a comment period.

Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1),

petitions for judicial review of this action must be filed in the

United States Court of Appeals for the appropriate circuit by June 14,

1994. Filing a petition for reconsideration by the Administrator of

this final rule does not affect the finality of this rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2).)

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the

requirements of section 3 of Executive Order 12291 for two years. The

EPA has submitted a request for a permanent waiver for Table 2 and

Table 3 SIP revisions. OMB has agreed to continue the waiver until such

time as it rules on EPA's request. This request continues in effect

under Executive Order 12866 which superseded Executive Order 12291 on

September 30, 1993.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeepig requirements, Sulfur oxides.

Dated: March 2, 1994.

Donald J. Guinyard,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulation is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

2. Section 52.2120 is amended by adding paragraph (c)(37) to read

as follows:

Sec. 52.2120 Identification of plan.

* * * * *

(c) * * *

(37) The VOC Recordkeeping regulations for ozone nonattainment

areas, PSD NOx increment regulations, and regulations listing the

definition of VOC submitted by South Carolina Department of Health and

Environmental Control on July 23, 1992, as part of the South Carolina

SIP.

(i) Incorporation by reference.

(A) South Carolina Regulation 61-62.5, Standard No. 5, section I,

part F, covering VOC Recordkeeping, Reporting, and Monitoring;

Regulation 61-62.5, Standard No. 7, section I, part C, paragraph 4;

section I, part M; section I, part N; section I, part O; section I,

part BB; section II, part A; section II, part D, paragraph 1,

subparagraph e; section II, part D, paragraph 3, subparagraph a;

section IV, part D, paragraph 1; section IV, part H, paragraph 4;

covering PSD. These regulations were effective August 24, 1990, and

submitted September 18, 1990.

(B) South Carolina Regulation 61-62.1, section I, paragraph 74,

covering the definition of VOC; Regulation 61-62.5, Standard No. 5,

section I, part F, paragraph 3, covering VOC Recordkeeping in ozone

nonattainment areas; and Regulation 61-62.5, Standard No. 7, section I,

part O and section IV, part H, paragraph 4 covering PSD. These

regulations were effective June 26, 1992, and submitted July 23, 1992.

(ii) Other material.

(A) July 23, 1992, letter from the South Carolina Department of

Health and Environmental Control to Region IV EPA.

(B) [Reserved]

3. Section 52.2126 is amended by removing and reserving paragraph

(b) and by revising paragraph (a) to read as follows:

Sec. 52.2126 VOC rule deficiency correction.

* * * * *

(a) South Carolina's VOC regulations contain no method for

determining capture efficiency. This deficiency must be corrected after

EPA publishes guidance on the methods for determining capture

efficiency before the SIP for ozone can be fully approved.

(b) [Reserved]

[FR Doc. 94-8968 Filed 4-14-94; 8:45 am]

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