29696 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

1 In the 2016 EPA rule, EPA also discussed the 

efforts surrounding any future determinations about 

the health risks associated with TBAC, including 

noting that data collected through the 

recordkeeping and reporting requirements did not 

appear relevant to any such future determinations 

and that EPA was assessing the health risks from 

TBAC through its Integrated Risk Information 

System. This effort is on-going and more 

information regarding health risks may be found at 

EPA’s previous 2016 rulemaking (81 FR 9339, 

9341). 

State citation Rule title State effective 

date 

EPA rule final 

date Final rule citation Comments 

*******

* * * * * 

[FR Doc. 2018–13597 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0557; FRL–9979–92– 

Region 4] 

Air Plan Approval; SC; VOC Definition 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the South Carolina 

State Implementation Plan (SIP). The 

revision makes a modification to the 

definition of ‘‘volatile organic 

compounds’’ (VOC). EPA is approving 

the SIP revision submitted by the State 

of South Carolina, through the South 

Carolina Department of Health and 

Environmental Control (DHEC) on 

September 5, 2017, because the State 

has demonstrated that these changes are 

consistent with the Clean Air Act (CAA 

or Act). 

DATES: This rule will be effective July 

26, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0557. All documents in the docket 

are listed on the www.regulations.gov 

website. 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 Air Regulatory Management Section, 

Air Planning and Implementation 

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 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard Wong, Air Regulatory 

Management Section, Air Planning and 

Implementation 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) 562–8726. Mr. Wong 

can be reached via electronic mail at 

wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 29, 2004 (69 FR 69298), 

EPA issued a final rule revising the 

definition of VOC at 40 CFR 51.100(s) 

by adding tertiary butyl acetate (or tButyl acetate or TBAC) to the list of 

compounds that are considered to be 

negligibly reactive and excluded from 

the definition of VOC. Additionally, on 

February 25, 2016 (81 FR 9339), EPA 

issued a final rule further revising the 

definition of VOC at 40 CFR 51.100(s) 

by removing the recordkeeping, 

emissions reporting, photochemical 

dispersion modeling, and inventory 

requirements for t-Butyl acetate. EPA 

removed these requirements in part 

because there was no evidence that 

TBAC was being used at levels that 

cause concern for ozone formation and 

because the data that had been collected 

under these requirements had proven to 

be of limited utility in judging the 

cumulative impacts of exempted 

compounds.1 See 81 FR 9339, 9341. 

On February 15, 2018 (83 FR 6822), 

EPA published a notice of proposed 

rulemaking (NPRM) for changes to the 

South Carolina SIP, submitted by the 

South Carolina DHEC on September 5, 

2017. The submission revises South 

Carolina Regulation 61–62.1— 

Definitions and General Requirements, 

specifically Section I—‘‘Definitions,’’ by 

removing the recordkeeping, emissions 

reporting, photochemical dispersion 

modeling, and inventory requirements 

for t-Butyl acetate. EPA received one 

adverse comment in the proposed 

rulemaking. After considering the 

adverse comment, EPA is now taking 

final action to approve the South 

Carolina Regulation 61–62.1, Section I— 

‘‘Definitions’’ revision. For more 

information, see the February 15, 2018, 

NPRM. 

II. Response to Comment 

Comment: EPA received one adverse 

comment to the revision to Regulation 

61–62.1, Section I—‘‘Definitions.’’ The 

Commenter asserted that air quality 

policy should be based on no negative 

impacts on health, and as a result, 

stated, ‘‘This proposed revision would 

do the opposite because it fails to 

acknowledge the change in emissions 

that South Carolina could undertake 

after tert-butyl acetate (TBAc) is taken 

off the states list of volatile organic 

compounds. I reject this revision 

because EPA’s logic for approval is 

flawed when they say, ‘‘. . . There was 

no evidence that TBAc was being used 

at levels that cause concern for ozone 

formation . . .’’. The Commenter 

expressed concerns that the use of 

TBAC could change in South Carolina, 

and since record keeping and 

monitoring will no longer be required, 

this impact will not be assessed. 

Because of these concerns, the 

Commenter recommended that EPA 

prohibit South Carolina from adding 

TBAC to the negligibly reactive list and 

require South Carolina to continue 

monitoring TBAC. Finally, the 

Commenter noted health effects of 

TBAC. 

Response: EPA previously approved 

South Carolina’s revision of its 

definition of VOC which added t-Butyl 

acetate to the list of negligibly reactive 

compounds that are excluded from the 

State’s definition of VOC. 72 FR 30704 

(June 4, 2007). That prior rulemaking 

action is final and is not reopened in the 

current rulemaking action. Similarly, 

EPA’s prior 2004 (60 FR 69298) final 

rulemaking that revised the definition of 

VOC to exclude TBAC as a negligibly 

reactive compound and EPA’s 2016 (81 

FR 9339) final rulemaking that removed 

TBAC recordkeeping, emissions 

reporting, photochemical dispersion 

modeling, and inventory requirements 

for TBAC are also not reopened in the 

current rulemaking action. Rather, in 

the current action, the State is merely 


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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29697 

2 62 FR 27968 (May 22, 1997). 

updating the SIP to remove the 

recordkeeping, emissions reporting, 

modeling, and inventory requirements 

for TBAC consistent with EPA’s 2016 

rulemaking and the federal definitions 

in 40 CFR 51.100(s). 

With regard to health risks, EPA 

acknowledges the comment regarding 

the health effects associated with TBAC 

and is continuing to take steps to assess 

potential risks associated with this 

compound. In the 2016 EPA rule, EPA 

discussed the efforts surrounding any 

future determinations about the health 

risks associated with TBAC, including 

noting that data collected through the 

recordkeeping and reporting 

requirements did not appear relevant to 

any such future determinations and that 

EPA was assessing the health risks from 

TBAC through its Integrated Risk 

Information System. This effort is 

ongoing, and we refer the Commenter to 

EPA’s previous 2016 rulemaking (81 FR 

9339, 9341) for more information 

regarding health risks. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of South Carolina 

Regulation 61–62.1, Section I— 

‘‘Definitions,’’ effective August 25, 2017, 

which revises definitions applicable to 

the SIP. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State’s implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally-enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference in the next 

update to the SIP compilation.2

IV. Final Action 

For the reasons discussed above, EPA 

is approving the aforementioned change 

to the South Carolina SIP, submitted on 

September 5, 2017, because it is 

consistent with the CAA and federal 

regulations. 

V. 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. 

See 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. 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 final action for the 

State of South Carolina does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it does not 

have substantial direct effects on an 

Indian Tribe. The Catawba Indian 

Nation Reservation is located within the 

boundary of 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 authorities.’’ EPA 

notes this action will not impose 

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 August 27, 2018. 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 12, 2018. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 


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29698 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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(c) is amended by 

revising the entry under Regulation No. 

62.1 for ‘‘Section I’’ 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 Explanation 

*******

Section I ........................ Definitions .................... 8/25/2017 6/26/2018, [Insert citation of publication].

*******

* * * * * 

[FR Doc. 2018–13571 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2018–0148; FRL–9979– 

69—Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; South 

Dakota; Revisions to the Permitting 

Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve State Implementation Plan 

(SIP) revisions submitted by the State of 

South Dakota on October 4, 2017 related 

to South Dakota’s Air Pollution Control 

Program. The October 4, 2017 submittal 

revises certain definitions and dates of 

incorporation by reference and contains 

new, amended and renumbered rules. In 

this rulemaking, we are taking final 

action on all portions of the October 4, 

2017 submittal, except for those 

portions of the submittal which do not 

belong in the SIP. This action is being 

taken under section 110 of the Clean Air 

Act (CAA). 

DATES: This final rule is effective on July 

26, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2018–0148. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) 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 through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional available information. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6227, 

leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The EPA is taking final action to 

approve all revisions as submitted by 

the State of South Dakota on October 4, 

2017, with the exception of the 

revisions that we are not acting on, as 

outlined in section II.A. of our proposed 

rulemaking published on April 27, 2018 

(83 FR 18496). 

We provided a detailed explanation of 

the bases for our proposed approval in 

our April 27, 2018 rulemaking, which 

will not be restated here. See 83 FR 

18496. We invited comment on all 

aspects of our proposal and provided a 

30-day comment period. The comment 

period ended on May 29, 2018. 

In this action, we are responding to 

the comments we received and taking 

final rulemaking action on the rules 

from the State’s October 4, 2017, 

submittal. 

II. Brief Discussion of Statutory and 

Regulatory Requirements 

The changes we are taking final action 

to approve are consistent with the CAA 

and EPA regulations. Specifically: 

1. CAA section 110(a)(2)(C), requires 

each state plan to include ‘‘a program to 

provide for . . . the regulation of the 

modification and construction of any 

stationary source within the areas 

covered by the plan as necessary to 

assure that the [NAAQS] are achieved, 

including a permit program as required 

in parts C and D of this subchapter.’’ 

2. CAA section 110(a)(2)(A), requires 

that SIPs contain enforceable emissions 

limitations and other control measures. 

Under section CAA section 110(a)(2), 

the enforceability requirement in 

section 110(a)(2)(A) applies to all plans 

submitted by a state. Chapter 6, Section 

13 creates enforceable obligations for 

sources by removing phrases such as 

‘‘the plan shall provide’’ and ‘‘the plan 

may provide.’’ 

In addition, the CAA (section 

110(a)(2)(C)) and 40 CFR 51.160 requires 

states to have legally enforceable 

procedures to prevent construction or 

modification of a source if it would 

violate any SIP control strategies or 

interfere with attainment or 

maintenance of the National Ambient 

Air Quality Standards (NAAQS). Such 

minor NSR programs are for pollutants 

from stationary sources that do not 

require Prevention of Significant 

Deterioration (PSD) or nonattainment 

new source review (NNSR) permits. 

States may customize the requirements 

of the minor NSR program as long as 

their program meets minimum 

requirements. 

Section 110(l) of the CAA states: 

‘‘[e]ach revision to an implementation 

plan submitted by a State under this Act 

shall be adopted by such State after 

reasonable notice and public hearing. 

The Administrator shall not approve a 

revision to a plan if the revision would 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined 

in section 171), or any other applicable 

requirement of this chapter.’’ South 

Dakota’s new revisions to ARSD 74:36 

will not interfere with attainment, 

reasonable further progress (RFP), or 


sradovich on DSK3GMQ082PROD with RULES