Approval and Promulgation of Implementation Plans; South Carolina: Approval of Revisions to the South Carolina State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-28-1-7164a; FRL-5316-7]

Approval and Promulgation of Implementation Plans; South

Carolina: Approval of Revisions to the South Carolina State

Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the South Carolina State

Implementation Plan (SIP) submitted on March 3, 1995, by the State of

South Carolina, through the South Carolina Department of Environment,

Health and Natural Resources. These revisions involve R.61-62.5

Standard Number 7. Prevention of Significant Deterioration. The

intended effect of these revisions is to bring the South Carolina rules

into compliance with the current EPA terminology.

DATES: This action is effective April 16, 1996 unless notice is

received by March 18, 1996 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 addressed to: Randy Terry,

Regulatory Planning and Development Section, Air Programs Branch, Air,

Pesticides & Toxics Management Division, Region 4 Environmental

Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365.

Copies of the material submitted by the SCDEHNR may be examined

during normal business hours at the following locations:

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 4 Air Programs Branch, 345

Courtland Street, NE., Atlanta, Georgia 30365.

South Carolina Department of Environment, Health and Natural Resources,

2600 Bull Street, Columbia, South Carolina 29201.

FOR FURTHER INFORMATION CONTACT: Randy Terry, Regulatory Planning and

Development Section, Air Programs Branch, Air, Pesticides & Toxics

Management Division, Region 4 Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is

404/347-3555 ext. 4212.

SUPPLEMENTARY INFORMATION: On March 3, 1995, the State of South

Carolina, through the South Carolina Department of Environment, Health

and Natural Resources, submitted revisions to the South Carolina State

Implementation Plan (SIP). These revisions involve R.61-62.5 Standard

Number 7. Prevention of Significant Deterioration.

EPA is approving the following and revisions of existing rules in

the South Carolina SIP. These new rules and revisions are consistent

with the requirements of the Clean Air Act and EPA guidance.

I.C(4)

This rule has been revised to add a reference to the definition of

particulate matter (PM-10).

I.N(1)(c), I.O(2)(b), and I.O(3)

These rules have been revised to add references to the PM-10

increments in Parts N and O.

II.A

This section was revised to replace all references to total

suspended particulate increments with references to PM-10 increments

and to convert all limits to PM-10 standards.

II.D

This section which covered exclusions from increment consumption

was removed and labeled ``reserved.''

III.D

This section was revised to replace ``allow able'' with

``allowable.''

III.H(1)

This rule was revised to delete a reference to total suspended

particulate matter.

III.I(1) through III.I(2)(ii)

These rules were revised to ensure that Part I conforms to the

federal rule governing the maximum allowable increase of PM-10. This

was accomplished by requiring all owners or operators applying for a

plant permit or modification of an existing permit after November 25,

1994, to meet the requirements of Federal PM-10 Regulations as in

effect on the aforementioned date.

IV.D(1)&(2)

These rules were revised to ensure that Part D reflects the changes

in requirements of Federal modeling due to the revision of the manual

``Guidelines to Air Quality Models.''

IV.H(4)

This rule was revised to correct the PM-10, 24-hour maximum

standard from 10g/m\3\ to 30g/m\3\.

Final Action

In this notice, EPA is approving the revisions to the South

Carolina Environmental Management regulations listed above. 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 on

April 16,

[[Page 6115]]

1996. However, if notice is received by March 18, 1996 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 notice will withdraw the final action and another

will begin a new rulemaking by announcing a proposal of the action and

establishing 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 April 16, 1996. 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 Act, 42

U.S.C. 7607(b)(2)).

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

Nothing in this action shall be construed as permitting or allowing

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

any state implementation plan. Each request for revision to the state

implementation plan shall be considered separately in light of specific

technical, economic, and environmental factors and in relation to

relevant statutory and regulatory requirements.

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 110 and subchapter I, part D of the CAA do not

create any new requirements, but simply approve requirements that the

State is already imposing. Therefore, because the federal SIP-approval

does not impose any new requirements, I certify that it does not have a

significant 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. v.

U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. Section

7410(a)(2) and 7410(k)(3).

Unfunded Mandates

Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act

of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,

EPA must undertake various actions in association with proposed or

final rules that include a Federal mandate that may result in estimated

costs of $100 million or more to the private sector, or to State,

local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under section 110 of the

Clean Air Act. These rules may bind State, local and tribal governments

to perform certain duties. To the extent that the rules being approved

by this action will impose any mandate upon the State, local or tribal

governments either as the owner or operator of a source or as a

regulator, or would impose any mandate upon the private sector. EPA's

action will impose no new requirements; such sources are already

subject to these regulations under State law. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action. EPA has also determined that

this final action does not include a mandate that may result in

estimated costs of $100 million or more to State, local, or tribal

governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping requirements, Sulfur oxides.

Dated: September 19, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of Federal Regulations, 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.

Subpart PP--South Carolina

2. Section 52.2120, is amended by adding paragraph (c)(39) to read

as follows:

Sec. 52.2120 Identification of plan.

* * * * *

(c) * * *

(39) The PSD regulation revisions to the South Carolina State

Implementation Plan which were submitted on March 3, 1995.

(i) Incorporation by reference.

(A) Regulations 61-62.5, Standard No. 7 Prevention of Significant

Deterioration; I.C(4), I.N(1)(c), I.O(2)(b), I.O(3), II.A, II.D,

III.D(10)(b), III.H(1), III.I(1) through III.I(2)ii, IV.D (1) & (2),

and IV.H(4) effective on November 25, 1994.

(ii) Other material. none

* * * * *

[FR Doc. 96-2583 Filed 2-15-96; 8:45 am]

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