Daily Rules, Proposed Rules, and Notices of the Federal Government
On April 14, 2009, the State of South Carolina, through SC DHEC, submitted a revision to the South Carolina SIP, which consists of changes to the South Carolina Air Pollution Control Regulations and Standards (hereafter referred to as “South Carolina Regulations”). Specifically, the proposed SIP revision includes changes to South Carolina Regulation 61-62.5, Standard No. 7.1 entitled “Nonattainment New Source Review.” SC DHEC submitted this SIP revision in response to EPA's June 2, 2008 (73 FR 31368), rule which conditionally approved South Carolina's NNSR program.
South Carolina's April 14, 2009, SIP revision also includes the removal of provisions which existed in South Carolina regulations that relate to requirements that were vacated from the Federal program by the United States Court of Appeals for the District of Columbia Circuit (DC Circuit Court) on June 24, 2005. The provisions vacated from the Federal rules pertain to pollution control projects (PCPs) and clean units (CUs). Since these
In addition to changes to address the conditional approval of South Carolina's NNSR program and the aforementioned administrative changes, South Carolina's April 14, 2009, SIP revision also includes provisions in Regulation 61-62.5, Standards No. 7 and 7.1 to exclude facilities that produce ethanol through a natural fermentation process (hereafter referred to as the “Ethanol Rule”) from the definition of “chemical process plants” in the major NSR permitting program.
South Carolina Regulation 61-62.5, Standard No. 7.1 was submitted to EPA by SC DHEC on July 1, 2005, for inclusion in the South Carolina SIP. This regulation relates to the South Carolina's NNSR permit program. Revisions to Regulation 61-62.5, Standard No. 7.1 became State-effective on June 24, 2005. EPA proposed to conditionally approve South Carolina's NNSR rules on September 12, 2007 (72 FR 52031). EPA did not receive any comments on the proposal. EPA finalized its conditional approval of Regulation 61-62.5, Standards No. 7.1 into the South Carolina SIP on June 2, 2008 (73 FR 31368). As part of the conditional approval, South Carolina had twelve months from the June 2, 2008, final conditional approval to submit changes to its NNSR program as described herein to be consistent with EPA Federal regulations.
On April 14, 2009, SC DHEC submitted a revision to the SIP, incorporating the corrections required by EPA in the conditional approval. Specifically, South Carolina revised Regulation 61-62.5, Standard No. 7.1 to include a methodology for calculating emission reductions to be used as offsets that include a baseline for determining credit for emissions offsets that meet the requirements set out in 40 CFR 51.165(a)(3)(i) and Appendix S, section IV.C. This particular issue was highlighted as a basis for the conditional approval in the June 2, 2008
EPA is proposing to convert a conditional approval of a July 1, 2005, revision to the South Carolina SIP regarding requirements for the State's NNSR construction permit program to a full approval. South Carolina's April 14, 2009, SIP revision consists of changes to South Carolina Regulation 61-62.5, Standard No. 7.1 entitled “Nonattainment New Source Review.” SC DHEC submitted the April 14, 2009, SIP revision in response to EPA's June 2, 2008 (73 FR 31368), rule, which conditionally approved South Carolina's NNSR program as provided in the State's July 1, 2005, SIP revision. SC DHEC has satisfied the conditions listed in EPA's conditional approval. Therefore, EPA is proposing to convert its conditional approval of South Carolina's July 1, 2005, SIP revision to a full approval. The April 14, 2009, SIP revision satisfies the conditions of EPA's conditional approval of South Carolina's July 1, 2005 SIP revision, and is are consistent with Federal regulations and in accordance with the CAA. In addition, EPA is proposing to approve minor administrative reference changes at South Carolina Regulation 61-62.5 Standards No. 7 and 7.1 as a result of the removal of CU and PCP provisions.
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 proposed 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 proposed 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
• 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
• 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).
Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, and Reporting and recordkeeping requirements.
42 U.S.C. 7401