19994 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 

1South Carolina’s May 1, 2012, submission to 

EPA also included changes to Regulation 61– 

62.63—National Emissions Standards for Hazardous 

Air Pollutants (NESHAP), which is not part of the 

South Carolina federally approved SIP. 

2This SIP submittal also makes changes to South 

Carolina’s SIP at Regulations 61–62.1—Definitions 

and General Requirements; 61–62.5, Standard 1— 

Emissions from Fuel Burning Operations; 61–62.5, 

Standard No. 4—Emissions from Process Industries; 

and 61–62.5, Standard 6—Alternative Emission 

Limitation Options (‘‘Bubble’’). EPA will consider 

action on these changes to South Carolina’s SIP in 

a separate rulemaking. 

3This submittal also makes changes to South 

Carolina’s State Regulations 61–62.60, 62.61, 62.63 

and 62.72 regarding (New Source Performance 

Standards) (NSPS), NESHAP for Source Categories, 

and Acid Rain, respectively. However, these 

regulations are not part of South Carolina’s 

federally approved SIP; therefore, EPA is not 

proposing action on these changes. 

4This submittal also make changes to South 

Carolina’s State Regulations 61–62.60, 62.61, 62.63 

and 62.72 regarding NSPS, NESHAP and Acid Rain, 

respectively. However, these regulations are not 

part of South Carolina’s federally approved SIP; 

therefore, EPA is not taking final action to approve 

these changes. 

5This SIP submittal also included changes to SC 

DHEC’s Regulation 61.62–96—Nitrogen Oxides 

(NOX) and Sulfur Dioxide (SO2) Budget Trading 

Program General Provisions. EPA took final action 

to approve this portion of the December 4, 2008, 

submittal on October 16, 2009 (74 FR 53167). 

[FR Doc. 2013–07539 Filed 4–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0837; FRL–9797–1] 

Approval and Promulgation of 

Implementation Plans; South Carolina: 

New Source Review-Prevention of 

Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve changes to the South Carolina 

State Implementation Plan (SIP), 

submitted by the South Carolina 

Department of Health and 

Environmental Control (SC DHEC) to 

EPA in five separate SIP submittals 

dated May 1, 2012, July 18, 2011, 

February 16, 2011, December 23, 2009, 

and December 4, 2008. The SIP 

revisions make changes to South 

Carolina’s New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) program to adopt federal PSD 

requirements regarding fine particulate 

matter (PM2.5) and changes to the State’s 

provisions related to the national 

ambient air quality standards (NAAQS) 

and volatile organic compounds (VOC). 

EPA is approving portions of the 

submittals as revisions to South 

Carolina’s SIP because the Agency has 

determined that they are consistent with 

the Clean Air Act (CAA or Act) and EPA 

regulations regarding NSR permitting. 

DATES: Effective Date: This rule will be 

effective May 3, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0837. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the South 

Carolina SIP, contact Ms. Twunjala 

Bradley, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Ms. 

Bradley’s telephone number is (404) 

562–9352; email address: 

bradley.twunjala@epa.gov. For 

information regarding NSR or PSD, 

contact Ms. Yolanda Adams, Air 

Permits Section, at the same address 

above. Ms. Adams’ telephone number is 

(404) 562–9241; email address: 

adams.yolanda@epa.gov. For 

information regarding the PM2.5

NAAQS, contact Mr. Joel Huey, 

Regulatory Development Section, at the 

same address above. Mr. Huey’s 

telephone number is (404) 562–9104; 

email address: huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

EPA is taking final action to approve 

multiple SIP submittals provided by SC 

DHEC to EPA on May 1, 2012,1 July 18, 

2011,2 February 16, 2011,3 December 

23, 2009,4 and December 4, 2008,5 to 

adopt NSR permitting requirements for 

implementing the PM2.5 NAAQS, 

federal changes to the NAAQS, an 

update to the federal definition for VOC, 

and an administrative correction to the 

State’s VOC rule. On January 23, 2013, 

EPA proposed to approve these changes 

into the South Carolina SIP. See 78 FR 

4796. Comments on the proposed 

rulemaking were due on or before 

February 22, 2013, and EPA received 

none. Details concerning each SIP 

submittal are provided in the docket for 

today’s final action, Docket ID: EPA– 

R04–OAR–2012–0837. The SIP 

submittal changes are briefly 

summarized below. Please refer to 

EPA’s January 23, 2013, proposed 

rulemaking for more detailed 

information for each SIP revision as 

well as the Agency’s rationale for 

today’s final rulemaking. Pursuant to 

section 110 of the CAA, EPA is now 

taking final action to approve the 

changes to South Carolina’s SIP. 

A. SC DEHC Regulation 61–62.5, 

Standard No. 7—Prevention of 

Significant Deterioration 

South Carolina’s May 1, 2012, SIP 

submittal amends the State’s PSD 

regulations at Regulation 61–62.5, 

Standard No. 7—Prevention of 

Significant Deterioration to adopt only 

the PM2.5 PSD increments promulgated 

in the rule entitled ‘‘Prevention of 

Significant Deterioration (PSD) for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC),’’ Final Rule, 75 FR 64864, 

(October 20, 2010) (hereafter referred to 

as ‘‘PM2.5 PSD Increments-SILs-SMC 

Rule’’). The PM2.5 PSD Increment-SILsSMC Rule provided additional 

regulatory requirements under the PSD 

program regarding the implementation 

of the PM2.5 NAAQS for NSR including: 

(1) PM2.5 increments pursuant to section 

166(a) of the CAA to prevent significant 

deterioration of air quality in areas 

meeting the NAAQS; (2) SILs used as a 

screening tool (by a major source subject 

to PSD) to evaluate the impact a 

proposed major source or modification 


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6Significant deterioration occurs when the 

amount of the new pollution exceeds the applicable 

PSD increment, which is the ‘‘maximum allowable 

increase’’ of an air pollutant allowed to occur above 

the applicable baseline concentration for that 

pollutant. Section 169(4) of the CAA provides that 

the baseline concentration of a pollutant for a 

particular baseline area is generally the air quality 

at the time of the first application for a PSD permit 

in the area. 

7EPA generally characterized the PM2.5 NAAQS 

as a NAAQS for a new indicator of PM. EPA did 

not replace the PM10 NAAQS with the NAAQS for 

PM2.5 when the PM2.5 NAAQS were promulgated in 

1997. EPA rather retained the annual and 24-hour 

NAAQS for PM2.5 as if PM2.5 was a new pollutant 

even though EPA had already developed air quality 

criteria for PM generally. See 75 FR 64864 (October 

20, 2012). 

8EPA interprets 166(a) to authorize EPA to 

promulgate pollutant-specific PSD regulations 

meeting the requirements of section 166(c) and 

166(d) for any pollutant for which EPA promulgates 

a NAAQS after 1977. 

9As part of the response to comments on the 

October 20, 2010, final rulemaking, EPA explained 

that the Agency agrees that the SILs and SMCs used 

as de minimis thresholds for the various pollutants 

are useful tools that enable permitting authorities 

and PSD applicants to screen out ‘‘insignificant’’ 

activities; however, these values are not required by 

the Act as part of an approvable SIP program. EPA 

believes that most states are likely to adopt the SILs 

and SMCs because of the useful purpose they serve 

regardless of EPA’s position that the values are not 

mandatory. Alternatively, states may develop more 

stringent values if they desire to do so. In any case, 

states are not under any SIP-related deadline for 

revising their PSD programs to add these screening 

tools. See 75 FR 64864, 64900. 

10The Sierra Club challenged EPA’s authority to 

implement the PM2.5 SILs and SMC for PSD 

purposes as promulgated in the October 20, 2010, 

PM2.5 PSD Increment-SILs-SMC Rule. See Sierra 

Club v. EPA, Case No 10–1413 (D.C. Cir. January 22, 

2013). On January 22, 2013, the court issued an 

order vacating and remanding to EPA for further 

consideration the portions of its PM2.5 PSD 

Increment-SILs-SMC Rule addressing the PM2.5

SILs, except for the parts codifying the PM2.5 SILs 

in the NSR rule at 40 CFR 51.165(b)(2). The court 

also vacated parts of the PM2.5 PSD Increment-SILsSMC Rule establishing the PM2.5 SMC, finding that 

the Agency had exceeded its statutory authority 

with respect to these provisions. The D.C. Circuit 

Court’s decision can be found in the docket for 

today’s rulemaking at www.regulations.gov using 

docket ID: EPA–R04–OAR–2012–0837. 

11On November 12, 2008, EPA revised the lead 

NAAQS from 1.5 mg/m3 to 0.15 mg/m3 based on a 

rolling 3-month average for both the primary and 

secondary standards. See 73 FR 66964. 

12On June 15, 2005 (one year after the effective 

date of the 1997 8-hour ozone designations), EPA 

revoked the 1-hour ozone NAAQS for all areas 

except the 8-hour ozone nonattainment-deferred 

Early Action Compact (EAC) areas. The 1-hour 

ozone NAAQS for the EAC nonattainment-deferred 

areas, including those in South Carolina 

(Greenville-Spartanburg-Anderson, SC) and Central 

Midlands Columbia Area, was revoked on April 15, 

2009 (one year after the effective date of the EAC 

areas’ 8-hour ozone designations to attainment). See 

64 FR 17897 (April 2, 2008), 69 FR 23858 and 69 

23951 (April 30, 2004). 

13These two revisions are superseded by SC 

DHEC’s May 1, 2012, SIP submittal, which 

streamlines and reformats the State’s NAAQS table 

at Regulation 61–62.5, Standard No. 2. 

may have on the NAAQS or PSD 

increment; and (3) a SMC (also a 

screening tool) used by a major source 

subject to PSD to determine the 

subsequent level of PM2.5 data gathering 

required for a PSD permit application. 

PSD increments prevent air quality in 

clean areas from deteriorating to the 

level set by the NAAQS. Therefore, an 

increment is the mechanism used to 

estimate ‘‘significant deterioration’’ 6 of 

air quality for a pollutant in an area. 

Under section 165(a)(3) of the CAA, a 

PSD permit applicant must demonstrate 

that emissions from the proposed 

construction and operation of a facility 

‘‘will not cause, or contribute to, air 

pollution in excess of any maximum 

allowable increase or allowable 

concentration for any pollutant.’’ When 

a source applies for a permit to emit a 

regulated pollutant in an area that meets 

the NAAQS, the state and EPA must 

determine if emissions of the regulated 

pollutant from the source will cause 

significant deterioration in air quality. 

As described in the PM2.5 PSD 

Increment-SILs-SMC Rule, pursuant to 

the authority under section 166(a) of the 

CAA, EPA promulgated numerical PSD 

increments for PM2.5 as a new 

pollutant 7 for which NAAQS were 

established after August 7, 1977,8 and 

derived 24-hour and annual PM2.5

increments for the three area 

classifications (Class I, II and III) using 

the ‘‘contingent safe harbor’’ approach. 

See 75 FR 64869 and the ambient air 

increment tables at 40 CFR 51.166(c)(1) 

and 52.21(c). In addition to PSD 

increments for the PM2.5 NAAQS, the 

PM2.5 PSD Increment-SILs-SMC Rule 

amended the definition at 40 CFR 

51.166 and 52.21 for ‘‘major source 

baseline date’’ and ’’minor source 

baseline date’’ (including trigger date) to 

establish the PM2.5 NAAQS specific 

dates associated with the 

implementation of PM2.5 PSD 

increments. See 75 FR 64864. South 

Carolina’s May 1, 2012, SIP submittal 

did not propose to adopt the SILs and 

SMC screening tools also promulgated 

in the PM2.5 PSD Increments-SILs-SMC 

Rule.9 Today’s approval of changes to 

South Carolina’s SIP regards only the 

PSD increment portions of EPA’s PM2.5

PSD Increments-SILs-SMC Rule.10

B. Regulation 61–62.5, Standard No. 2— 

Ambient Air Quality Standards 

South Carolina’s December 4, 2008, 

December 23, 2009, and July 18, 2011, 

SIP submissions, as well as the May 1, 

2012, submission, all update South 

Carolina’s ambient air quality standards 

table at Regulation 61–62.5, Standard 

No. 2—Ambient Air Quality Standards 

to be consistent with EPA’s NAAQS at 

40 CFR part 50 and table at http:// 

www.epa.gov/air/criteria.html. The four 

SIP submittals amending SC DEHC’s 

NAAQS table can be found in the 

docket for this proposed rulemaking at 

www.regulations.gov and are 

summarized below. 

1. December 4, 2008, SIP Submittal 

Amends the State’s NAAQS table at 

Regulation 61–62.5, Standard No. 2 to 

address the amendment to the 24-hour 

primary NAAQS for PM2.5 from 65 

micrograms per cubic meter (mg/m3) to 

35 mg/m3 in accordance with EPA’s 

October 17, 2006, revision of the PM2.5

NAAQS. See 71 FR 61144. 

2. December 23, 2009, SIP Submittal 

This submittal revises the table at 

Regulation 61–62.5, Standard No. 2 to 

(1) add the 2008 8-hour ozone NAAQS 

of 75 parts per billion, (2) amend the 

lead 11 NAAQS to 0.15 mg/m3 and (3) 

remove the 1-hour ozone NAAQS, 

which EPA revoked on June 15, 2005, 

one year after the effective date of the 

1997 8-hour ozone designations. See 70 

FR 44470 (August 3, 2005), 69 FR 23858 

and 69 FR 23951(April 30, 2004).12

3. July 18, 2011, SIP Submittal 13

This SIP revision clarifies at 

Regulation 61–62.5, Standard No. 2 that 

the carbon monoxide 1-hour and 8-hour 

average concentrations are not to be 

exceeded more than once a year (in 

accordance with 40 CFR 50.8) and adds 

a footnote referencing 40 CFR 50.16 for 

detailed explanation concerning 

calculation of the rolling 3-month 

average for the lead NAAQS. 

4. May 1, 2012, SIP Submittal 

This submittal removes from the table 

at Regulation 61–62.5, Standard No. 2 

the coarse particulate matter (PM10) 

annual standard to be consistent with 

EPA’s October 17, 2006, revocation of 

the annual PM10 NAAQS. See 71 FR 

61144. In addition, this SIP revision 

reformats the NAAQS table in an effort 

to ensure information found therein is 

consistent with EPA’s NAAQS at 40 

CFR 50 and the table at http:// 

www.epa.gov/air/criteria.html including 

removing the table’s footnotes and 

instead adding a column referencing the 

federal CFR for each NAAQS, 

streamlining the units column, and 

updating test method references. 

C. Regulation 61–62.1—Definitions and 

General Requirements 

South Carolina’s December 4, 2008, 

and February 16, 2011, SIP submittals 

also amend the State’s definition for 

VOC at Regulation 61–62.1—Definitions 


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14South Carolina currently has a SIP-approved 

NSR program for new and modified stationary 

sources. SC DHEC’s PSD preconstruction rules are 

found at Regulation 61–62.5, Standard No. 7— 

Prevention of Significant Deterioration and apply to 

major stationary sources or modifications 

constructed in areas designated attainment or 

unclassifiable/attainment as required under part C 

of title I of the CAA with respect to the NAAQS. 

and General Requirements to include 

additional compounds 

1,1,1,2,2,3,4,5,5,5-decafluoro-3- 

methoxy-4-trifluoromethyl-pentane 

(HFE–7300) (as amended on January 18, 

2007 (72 FR 2193)) and propylene 

carbonate and dimethyl carbonate 

(amended on January 21, 2009 (74 FR 

3437)), respectively, to the list of 

compounds excluded from the 

definition of VOC on the basis that they 

have a negligible contribution to 

tropospheric formation of ozone to be 

consistent with the federal definition at 

40 CFR 51.100(s). 

D. Regulation 61–62.5, Standard 5— 

Volatile Organic Compounds 

Lastly, the December 4, 2008, 

submittal makes an administrative 

correction to subparagraphs 2.a.(i)(a) 

and (b) of Regulation 61–62.5, Standard 

5, Section II, Part Q (Manufacture of 

Synthesized Pharmaceutical Products) 

by adding the term and symbol ‘‘minus 

(¥)’’ to express the outlet gas 

temperature threshold for surface 

condensers. 

II. This Action 

In this rulemaking EPA is taking final 

action to approve South Carolina’s 

multiple SIP revisions to adopt the 

PM2.5 increments, update the State’s 

NAAQS table, update the definition for 

VOC and make an administrative 

correction. South Carolina’s May 1, 

2012, SIP submittal adopts PM2.5 PSD 

increments revisions (pursuant to 

section 166(a) of the CAA) into the 

South Carolina SIP at Regulation 61– 

62.5, Standard No. 7 14 as promulgated 

in the October 20, 2010, rule and 

codified at 40 CFR 51.166, including (1) 

addition of PM2.5 PSD increments at SC 

DEHC’s increments at Regulation 61– 

62.5, Standard No. 7 (c) and (p)(5)(for 

Class I variances) (consistent with the 

tables at 40 CFR 51.166(c)), including 

replacing the term ‘‘particulate matter’’ 

with ‘‘PM10’’ in the tables at Regulation 

61–62.5, Standard No. 7 paragraphs (c) 

and (p)(5) (for Class I Variances) and 

replacing the term ‘‘particulate matter’’ 

with ‘‘PM2.5, PM10’’ in the text at 

Regulation 61–62.5, Standard No. 7 

paragraph (p)(5) (for Class I Variances); 

(2) revision to the definition at 

Regulation 61–62.5, Standard No. 7, 

paragraph (b)(31)(i)(a)–(c) for ‘‘major 

source baseline date’’ (consistent with 

40 CFR 51.166(b)(14)(i)(a) and (c)), to 

establish major source baseline date for 

PM2.5 and removing the term 

‘‘particulate matter’’ to distinguish 

between PM10 and PM2.5; Regulation 61– 

62.5, Standard No. 7, paragraph 

(b)(31)(ii)(a)–(c) for ‘‘minor source 

baseline date,’’ to establish the PM2.5

‘‘trigger date’’ (consistent with 40 CFR 

51.166(b)(14)(ii)(c)) and remove the term 

‘‘particulate matter’’ to distinguish 

between PM10 and PM2.5; (3) revisions to 

Regulation 61–62.5, Standard No. 7, 

paragraph (5)(i) for ‘‘baseline area’’ 

(consistent with 40 CFR 51.166(b)(15)(i) 

and (ii)) to specify pollutant air quality 

impact annual averages and amend the 

regulatory reference for section 107(d) of 

the CAA at paragraph (5)(ii); and (4) 

amendment to Regulation 61–62.5, 

Standard No. 7 paragraph (b)(31)(iii)(a) 

to also amend the regulatory reference 

for section 107(d) of the CAA and to add 

a reference to 40 CFR 51.166. These 

changes provide for the implementation 

of the PM2.5 PSD increments for the 

PM2.5 NAAQS in South Carolina’s PSD 

program. 

EPA is also taking final action to 

approve South Carolina’s changes to its 

Regulation 61–62.5, Standard No. 2— 

Ambient Air Quality Standards table 

submitted May 1, 2012, July 18, 2011, 

February 16, 2011, December 23, 2009, 

and December 4, 2008, SIP revisions. 

Lastly, EPA is taken final action to 

approve SC DEHC’s changes to the 

definition of VOC at Regulation 61– 

62.1—Definitions and General 

Requirements and administrative 

correction at Regulation 61–62.5, 

Standard 5—Volatile Organic 

Compounds. 

Notably, EPA is not taking action on 

multiple components of the abovereferenced SIP submittals—those 

portions are outlined in Section I, 

Background, above. 

III. Final Action 

EPA is taking final action to approve 

portions of multiple SIP submissions 

revising South Carolina’s SIP to adopt 

the PM2.5 increments as amended in the 

October 20, 2010, PM2.5 PSD 

Increments-SILs-SMC Rule, federal 

NAAQS updates and VOC definition 

updates, and to make an administrative 

correction. EPA has made the 

determination that these SIP submittals 

are approvable because they are 

consistent with section 110 of the CAA 

and EPA regulations regarding NSR 

permitting. 

IV. Statutory and Executive Order 

Reviews 

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 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 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 et seq.); 

• 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 et seq.); 

• 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). 

In addition, this rule does have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is approved to 

apply the PSD permitting program 

statewide including the Catawba Indian 

Nation in York County, South Carolina. 

Pursuant to the Catawba Indian Claims 

Settlement Act, S.C. Code Ann. 27–16– 

120, ‘‘all state and local environmental 

laws and regulations apply to the 

Catawba Indian Nation and Reservation 

and are fully enforceable by all relevant 

state and local agencies and 


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authorities.’’ While this action revises 

South Carolina’s existing NSR PSD 

permitting regulations in the SIP, EPA 

has determined that these revisions will 

not impose any substantial direct costs 

on tribal governments or preempt tribal 

law. 

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 action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 3, 2013. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action 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, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 21, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 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 et seq. 

Subpart PP—South Carolina 

■ 2. Section 52.2120 is amended at 

paragraph (c) by: 

■ a. Under Regulation No. 62.1 revising 

the entry for ‘‘Section 1’’, 

■ b. Under Regulation No. 62.5 revising 

the entry for ‘‘Standard No. 2’’, 

■ c. Under Regulation No. 62.5, 

Standard No. 5, Section II revising the 

entry for ‘‘Part Q’’, 

■ d. Under Regulation No. 62.5 revising 

the entry for ‘‘Standard No. 7’’, and 

■ e. Revising the first ‘‘footnote 1’’ and 

removing the second ‘‘footnote 1’’ to 

read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(c) * * * 

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA

State citation Title/subject State effective 

date 

EPA approval 

date 

Federal Register 

notice 

Regulation No. 62.1 ............... Definitions and General Requirements.6/26/1998 8/10/2004 69 FR 48395 

Section I ................................. Definitions .............................. 11/26/2010 4/3/13 [Insert citation of publication] 

* * * * * * * 

Regulation No. 62.5 ............... Air Pollution Control Standards......................... ........................

* * * * * * * 

Standard No. 2 ....................... Ambient Air Quality Standards.4/27/2012 4/3/13 [Insert citation of publication] 

* * * * * * * 

Standard No. 5 ....................... Volatile Organic Compounds ........................ ........................

* * * * * * * 

Section II ................................ Provisions for Specific 

Sources.

........................ ........................

* * * * * * * 

Part Q ..................................... Manufacture of Synthesized 

Pharmaceutical Products.

10/24/2008 4/3/13 [Insert citation of publication] 

* * * * * * * 

Standard No. 7 ....................... Prevention of Significant Deterioration1.4/27/2012 4/3/13 [Insert citation of publication] 

* * * * * * * 

1This regulation (submitted on April 14, 2009) includes the phrase ‘‘except ethanol production facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or 312140,’’ (at Regulation 61–62.5, Standard No. 

7(b)(32)(i)(a) and (iii)(b)(t), (42)(i)1(viii)(t) and Regulation 61–62.5, Standard No. 7.1(c)7(C)(xx) and (e)(T)) as amended in the Ethanol Rule. See 

72 FR 24060 (May 1, 2007). EPA has not yet taken action to approve this phrase in the South Carolina SIP. 


wreier-aviles on DSK5TPTVN1PROD with RULES
19998 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 

* * * * * 

[FR Doc. 2013–07653 Filed 4–2–13; 8:45 a.m.] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0814; FRL–9797–4] 

Approval and Promulgation of 

Implementation Plans; Florida; Prong 3 

of Section 110(a)(2)(D)(i) Infrastructure 

Requirement for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve in part, and disapprove in part, 

the State Implementation Plan (SIP) 

submissions, submitted by the State of 

Florida, through the Florida Department 

of Environmental Protection (FDEP) on 

April 18, 2008, and September 23, 2009. 

This final action addresses the Clean Air 

Act (CAA or Act) requirements 

pertaining to prevention of significant 

deterioration (PSD) for the 1997 annual 

and 2006 24-hour fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS) infrastructure SIPs. 

The CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. EPA is approving 

in part, and disapproving in part, the 

submission for Florida that relates to 

adequate provisions prohibiting 

emissions that interfere with any other 

state’s required measures to prevent 

significant deterioration of its air 

quality. All other applicable 

infrastructure requirements for the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

associated with Florida have been 

addressed in separate rulemakings. 

DATES: Effective Date: This rule will be 

effective May 3, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0814. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. On 

July 18, 1997 (62 FR 38652), EPA 

promulgated a new annual PM2.5

NAAQS and on October 17, 2006 (71 FR 

61144), EPA promulgated a new 24-hour 

NAAQS. On December 5, 2012, EPA 

proposed to approve in part, and 

disapprove in part, Florida’s submission 

addressing section 110(a)(2)(D)(i)(II) 

related to PSD. A summary of the 

background for today’s final action is 

provided below. See EPA’s December 5, 

2012, proposed rulemaking (77 FR 

72287) for more detail. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. The data 

and analytical tools available at the time 

the state develops and submits the SIP 

for a new or revised NAAQS affects the 

content of the submission. The contents 

of such SIP submissions may also vary 

depending upon what provisions the 

state’s existing SIP already contains. In 

the case of the 1997 annual and 2006 

24-hour PM2.5 NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 

earlier SIP submissions in connection 

with previous PM NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

already mentioned, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. However, in this action, 

EPA is only addressing element 

110(a)(2)(D)(i)(II) related to PSD. 

Section 110(a)(2)(D) has two 

components; 110(a)(2)(D)(i) and 

110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) 

includes four distinct components, 

commonly referred to as ‘‘prongs,’’ that 

must be addressed in SIP submissions. 

The first two prongs, which are codified 

in section 110(a)(2)(D)(i)(I), are 

provisions that prohibit any source or 

other type of emissions activity in one 

state from contributing significantly to 

nonattainment of the NAAQS in another 

state (‘‘prong 1’’), and interfering with 

maintenance of the NAAQS in another 

state (‘‘prong 2’’). The third and fourth 

prongs, which are codified in section 

110(a)(2)(D)(i)(II), are provisions that 

prohibit emissions activity in one state 

interfering with measures required to 

prevent significant deterioration of air 

quality in another state (‘‘prong 3’’), or 

to protect visibility in another state 

(‘‘prong 4’’). Section 110(a)(2)(D)(ii) 

requires SIPs to include provisions 

insuring compliance with sections 115 

and 126 of the Act, relating to interstate 

and international pollution abatement. 

In previous actions, EPA has already 

taken action to address Florida’s SIP 

submissions related to sections 

110(a)(2)(D)(i)(I) and 110(a)(2)(D)(ii) for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. Today’s final rulemaking 

action relates only to requirements 

related to prong 3 of section 

110(a)(2)(D)(i), which as previously 

described, requires that the SIP contain 

adequate provisions prohibiting 

emissions that interfere with any other 

state’s required measures to prevent 


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