[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Rules and Regulations]
[Pages 44218-44219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21919]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC 30-1-9645a: FRL-5877-1]


Approval and Promulgation of State Implementation Plan, South 
Carolina: Addition of Supplement C to the Air Quality Modeling 
Guidelines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On May 6, 1996, the South Carolina Department of Health and 
Environmental Control submitted revisions to the South Carolina State 
Implementation Plan (SIP) involving revisions to 61-62.5 Standard 7, 
Prevention of Significant Deterioration to add Supplement C to air 
quality modeling guidelines. This revision updates the South Carolina 
SIP to meet the latest EPA modeling requirements. Therefore, these 
revisions are being approved into the SIP.

DATES: This action is effective October 20, 1997 unless adverse or 
critical comments are received by September 19, 1997. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Randy Terry at the EPA Region 4 Office listed below.
    Copies of the 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.

Air and Radiation Docket and Information Center (Air Docket 6102), US 
Environmental Protection Agency, 401 M Street, SW., Washington, D.C. 
20460.
Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street Atlanta, Georgia 30303.
South Carolina Department of Health and Environmental Control, 2600 
Bull Street, Columbia, South Carolina 29201-1708.

FOR FURTHER INFORMATION CONTACT: Randy Terry, Regulatory Planning 
Section, Air Planning Branch, Air, Pesticides & Toxics Management 
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street, 
Atlanta, Georgia 30303. The telephone number is (404) 562-9032.

SUPPLEMENTARY INFORMATION: On May 6, 1996, the State of South Carolina 
Department of Health and Environmental Control submitted a notice to 
amend Section IV, Part D, Air Quality Models, of Regulation 61-62.5, 
Standard 7. These regulations were revised by adding Supplement C to 
the previously approved air quality guidelines. Supplement C 
incorporates improved algorithms for treatment of area sources and dry 
deposition in the Industrial Source Complex (ISC) model, adopts a solar 
radiation/delta T (SRDT) method for estimating atmospheric stability 
categories, and adopts a new screening approach for assessing annual 
NO<INF>2</INF> impacts.

Final Action

    EPA is approving South Carolina's notice submitted on May 6, 1996, 
for incorporation into the South Carolina SIP. The EPA is publishing 
this action without prior proposal because the EPA 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 October 20, 
1997 unless, by September 19, 1997, 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 then be 
addressed in a subsequent final rule based on this action serving as a 
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 October 20, 1997.
    The EPA has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the 1990 Amendments 
enacted on November 15, 1990. The EPA has determined that this action 
conforms with those requirements.
    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.

Administrative Requirements

A. Executive Order 12866

    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.

B. Regulatory Flexibility Act

    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 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 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.EPA., 427 U.S. 246, 256-66 (1976); 42 U.S.C. 
7410(a)(2) and 7410(k)(3).

C. Unfunded Mandates

    Under sections 202, of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to

[[Page 44219]]

accompany any final rule that includes a Federal mandate that may 
result in estimated costs to State, local, or tribal governments in the 
aggregate; or to the 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 does not include a 
Federal 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. 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.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. 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 October 20, 1997. 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: May 22, 1997.
R.F. McGhee,
Acting Regional Administrator.

    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

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

Subpart PP--South Carolina

    2. In Sec. 52.2120(c), the table is amended by adding an entry for 
Supplement C under the entry Regulation No. 62.5, Section III, at the 
end of Standard No. 7 in the ``Air pollution Control Regulations for 
South Carolina'' to read as follows:


Sec. 52.2120  Identification of plan.

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    (c) * * *

                              Air Pollution Control Regulations for South Carolina                              
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                                                  State                                                         
         State citation              Title/     effective    EPA approval date       Federal Register notice    
                                    subject        date                                                         
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                                                        *                                                       
Regulations  No. 62.5  Air Pollution Control Standards                                                          
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                                                        *                                                       
                                           Section III  Enforceability                                          
                             Standard No. 7  Prevention of Significant Deterioration                            
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                                                        *                                                       
Supplement C....................  ...........   05/26/96    August 20, 1997....  [Insert citation for page No.  
                                                                                  of publication]               
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[FR Doc. 97-21919 Filed 8-19-97; 8:45 am]
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