[Federal Register Volume 62, Number 176 (Thursday, September 11, 1997)]
[Rules and Regulations]
[Pages 47760-47762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24147]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC31-1-9646a: FRL-5874-9]


Approval and Promulgation of State Implementation Plan, South 
Carolina: Listing of Exempt Volatile Organic Compounds

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 the addition of several compounds 
to the list of compounds exempt from regulation as Volatile Organic 
Compounds (VOC). Since these exempt compounds are on the EPA list of 
such compounds, these revisions are being incorporated into the 
Federally approved South Carolina SIP.

DATES: This action is effective November 10, 1997 unless adverse or 
critical comments are received by October 14, 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 Regional 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), 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 Terry, Regulatory Planning 
Section, Air Planning Branch, Air, Pesticides & Toxics Management 
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street 
SW, 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 Chapter 61-62.1. Definitions, Permit Requirements, 
and Emission Inventory. The Department's Bureau of Air Quality has 
revised rule 61-62.1, Definition #80, Volatile Organic Compounds to 
add acetone, parachlorobenzotrifluoride (PCBTF), volatile methyl 
siloxanes (VMS), and perfluorocarbons (PFCs) to the list of 
exempted compounds. The U.S. EPA published a final rule on June 16, 
1995, [60 FR 31633], to revise 40 CFR 51.100(s) to exempt acetone 
from regulation as a VOC. EPA published earlier revisions on 
October 5, 1994 (59 FR 50639, 40 CFR 51.100(s)) to exempt 
parachlorobenzotrifluoride and volatile methyl siloxanes, and on 
March 18, 1991, to remove perfluorocarbons (56 FR 11389, 40 CFR 
51.100(s)) from the definition of VOC's. Two errors in nomenclature 
are also being corrected by changing CFC-22 to HCFC-22 and FC-23 to 
HFC-23.

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 November 10, 
1997 unless, by October 14, 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

[[Page 47761]]

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 November 10, 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.

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

C. Unfunded Mandates

    Under section 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 accompany any final rules 
that include 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 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 federal 
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. section 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 November 10, 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 the 
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]

    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 Sec. 52.2120 (c), the table is amended by revising the entry 
``Section I'' under Regulation No. 62.1 to read as follows:


Sec. 52.2120  Identification of plan.

* * * * *
    (c) * * *

                                                  Air Pollution Control Regulations for South Carolina                                                  
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                                                                      State         EPA                                                                 
            State citation                    Title/Subject         effective     approval                     Federal Register notice                  
                                                                       date         date                                                                
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Regulation No. 62.1...................                                                                                                                  
(3)Definitions, Permits Requirements,                                                                                                                   
 and Emissions Inventory                                                                                                                                
Section I.............................  Definitions..............      1/26/96      9/11/97  9/11/97; p. 47760                                          
                                                                                                                                                        

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[FR Doc. 97-24147 Filed 9-10-97; 8:45 am]
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