Approval and Promulgation of Implementation Plans; South Carolina: Approval of Revisions to the South Carolina SIP Regarding Volatile Organic Compounds (VOC) Definition Adoptions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-21-1; SC-23-1-9832a; FRL-6197-6]

Approval and Promulgation of Implementation Plans; South

Carolina: Approval of Revisions to the South Carolina SIP Regarding

Volatile Organic Compounds (VOC) Definition Adoptions

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) which were submitted to EPA by South

Carolina, through the South Carolina Department of Health and

Environmental Control (SCDHEC), on June 6, 1989, and September 27,

1990. The EPA is approving the revisions and adoptions of general

definitions to the South Carolina regulation 62.1 Definitions, Permit

Requirements, and Emission Inventory.

DATES: This final rule is effective February 8, 1999 unless adverse or

critical comments are received by January 7, 1999. If EPA receives such

comments, it will publish a timely withdrawal of the direct final rule

in the Federal Register and inform the public that the rule will not

take effect.

ADDRESSES: Written comments on this action should be addressed to Randy

B. Terry at the Environmental Protection Agency, Region 4, Air Planning

Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies of

documents relative to this action are available for public inspection

during normal business hours at the following locations. The interested

persons wanting to examine these documents should make an appointment

with the appropriate office at least 24 hours before the visiting day.

Reference South Carolina files 21-1, and 23-1. The Region 4 office may

have additional background documents not available at the other

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 Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303.

South Carolina Department of Health and Environmental Control 2600 Bull

Street, Columbia, South Carolina 29201-1708.

FOR FURTHER INFORMATION CONTACT: Randy B. Terry at (404) 562-9032.

SUPPLEMENTARY INFORMATION: On June 6, 1989 and September 27, 1990, the

State of South Carolina submitted revisions to the South Carolina SIP.

The revisions include modifications to existing definitions and

additions of new definitions. EPA is approving the revisions described

herein as listed in regulation 62.1 Definitions, Permit Requirements

and Emission Inventory.

South Carolina adopted these revisions into the South Carolina

State Implementation Plan to adequately define words that are used

throughout the SIP. EPA is approving the following new definitions

because they are consistent with EPA requirements:

Afterburner.

Air curtain incinerator.

Boiler.

Chemotherapeutic waste.

``Continuous program of physical on-site construction.''

Crematory incinerator.

Hazardous waste.

Hazardous waste fuel.

Hazardous waste incinerator.

Industrial boiler.

Industrial furnace.

Industrial incinerator.

``In existence.''

Infectious waste.

Medical waste.

Medical waste incinerator.

Medical waste incinerator facility.

Multiple-chamber incinerator.

Municipal incinerator.

Municipal waste.

Non-industrial boiler.

Non-industrial furnace.

Non-spec oil.

Retail business type incinerator.

Sludge incinerator.

Substantial loss.

Used oil.

Utility boiler.

Virgin fuel.

Waste.

Waste fuel.

South Carolina amended their state definition for incinerator to be

more consistent with the EPA requirements.

Final Action

The EPA is approving the aforementioned revisions contained in the

State's June 6, 1989 and September

[[Page 67585]]

27, 1990, submittals because they are compatible with the requirements

set forth in the Clean Air Act amendments of 1990.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective February 8, 1999 unless, by January 7, 1999, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on the proposed rule. The

EPA will not institute a second comment period on this action. Any

parties interested in commenting on this action should do so at this

time. If no such comments are received, the public is advised that this

action will be effective February 8, 1999.

Nothing in this action should be construed as making any

determination or expressing any position regarding South Carolina's

audit privilege and penalty immunity law S.C. code ann. 4587-57-10 et.

seq. (Supp. 1996) or its impact upon any approved provision in the SIP,

including the revision at issue here. The action taken herein does not

express or imply any viewpoint on the question of whether there are

legal deficiencies in this or any other Clean Air Act program resulting

from the effect of South Carolina's audit privilege and immunity law. A

state audit privilege and immunity law can affect only state

enforcement and cannot have any impact on federal enforcement

authorities. EPA may at any time invoke its authority under the Clean

Air Act, including, for example, sections 113, 167, 205, 211 or 213, to

enforce the requirements or prohibitions of the state plan,

independently of any state enforcement effort. In addition, citizen

enforcement under section 304 of the Clean Air Act is likewise

unaffected by a state audit privilege or immunity law.

I. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review''.

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected and other representatives of

Indian tribal governments ``to provide meaningful and timely input in

the development of regulatory policies on matters that significantly or

uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

[[Page 67586]]

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

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

annual costs to State, local, or tribal governments in the aggregate;

or to private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated annual costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

pre-existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

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 rule 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. This rule is not a

``major rule as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by February 8, 1999. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting

and recordkeeping requirements.

Dated: November 23, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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. In Section 52.2120, the entry for Regulation number 62.1 Section

I Definitions in the ``EPA Approved South Carolina Regulations'' table

in paragraph (c) is revised to read as follows:

Sec. 52.2120 Identification of plan.

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(c) EPA approved regulations.

Air Pollution Control Regulations for South Carolina

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Federal

State citation Title/subject State EPA approval register

effective date date notice

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Regulation No. 62.1 Definitions, Permits Requirements, and Emissions Inventory

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Section I.......................... Definitions................ 5/25/90 2/8/99

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[FR Doc. 98-32341 Filed 12-7-98; 8:45 am]

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