Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations 36875 

circuit by August 22, 2011. 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, Intergovernmental 

relations, Incorporation by reference, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds, Oxides of nitrogen. 

Dated: June 9, 2011. 

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 L—Georgia 

■ 2. Section 52.582 is amended by 

adding paragraph (d) to read as follows: 

§ 52.582 Control strategy: Ozone. 

* * * * * 

(d) Determination of attaining data. 

EPA has determined, as of June 23, 

2011, the Atlanta, Georgia 

nonattainment area has attaining data 

for the 1997 8-hour ozone NAAQS. This 

determination, in accordance with 40 

CFR 51.918, suspends the requirements 

for this area to submit an attainment 

demonstration, associated reasonably 

available control measures, a reasonable 

further progress plan, contingency 

measures, and other planning SIPs 

related to attainment of the standard for 

as long as this area continues to meet 

the 1997 8-hour ozone NAAQS. 

[FR Doc. 2011–15616 Filed 6–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2005–0004–201119; EPA– 

R04–OAR–2010–0958–201119; FRL–9322–6] 

Approval and Promulgation of 

Implementation Plans; South Carolina: 

Prevention of Significant Deterioration 

and Nonattainment New Source 

Review; Fine Particulate Matter and 

Nitrogen Oxides as a Precursor to 

Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve three revisions to the South 

Carolina State Implementation Plan 

(SIP), submitted by the State of South 

Carolina, through the South Carolina 

Department of Health and 

Environmental Control (SC DHEC), to 

EPA on December 2, 2010, (for parallel 

processing) and April 14, 2009, and 

March 16, 2011. South Carolina 

provided the final version of the 

December 2, 2010, parallel processing 

submittal on March 16, 2011. The SIP 

revisions approved by this action 

incorporate updates to South Carolina’s 

air quality regulations under South 

Carolina’s New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NNSR) programs. First, the 

revisions incorporate a PSD permitting 

requirement promulgated in the 1997 8- 

Hour Ozone National Ambient Air 

Quality Standards (NAAQS) 

Implementation Rule NSR Update Phase 

II (hereafter referred to as the ‘‘Ozone 

Implementation NSR Update or ‘‘Phase 

II Rule’’). Second, the revisions 

incorporate NSR provisions relating to 

the fine particulate matter (PM2.5) 

NAAQS as amended in EPA’s 2008 NSR 

PM2.5 Implementation Rule (hereafter 

referred to as the ‘‘NSR PM2.5 Rule’’). 

Third, the revisions incorporate NNSR 

requirements for calculating emissions 

reductions that will be used as emission 

offsets and ensures that those reductions 

are surplus to other federal 

requirements. As a result of the third 

revision, EPA also is taking final action 

to convert its conditional approval of 

South Carolina’s NNSR permitting 

program to full approval. EPA is 

approving South Carolina’s March 16, 

2011, and April 14, 2009, SIP revisions 

because they are in accordance with the 

Clean Air Act (CAA or Act). 

Additionally, EPA is responding to 

adverse comments received on EPA’s 

March 15, 2011, proposed approval of 

South Carolina’s December 2, 2010, 

proposed SIP revision. 

DATES: Effective Date: This rule will be 

effective July 25, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2005–0004 and EPA–R04–OAR–2010– 

0958. All documents in the docket are 

listed on the http://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 

http://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; e-mail address: 

bradley.twunjala@epa.gov. For 

information regarding NSR, contact Ms. 

Yolanda Adams, Air Permits Section, at 

the same address above. Ms. Adams’ 

telephone number is (404) 562–9214; email address: adams.yolanda@epa.gov. 

For information regarding the Phase II 

Rule, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Ms. Spann’s 

telephone number is (404) 562–9029; 

e-mail address: spann.jane@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; 

e-mail address: huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 


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1On July 18, 1997, EPA promulgated a revised 8- 

hour ozone NAAQS of 0.08 parts per million—also 

referred to as the 1997 8-hour ozone NAAQS. On 

April 30, 2004, EPA designated areas as attainment, 

nonattainment and unclassifiable for the 1997 8- 

hour ozone NAAQS. In addition, on April 30, 2004 

as part of the framework to implement the 1997 8- 

hour ozone NAAQS, EPA promulgated an 

implementation rule in two phases (Phase I and II). 

The Phase I Rule (effective on June 15, 2004), 

provided the implementation requirements for 

designating areas under subpart 1 and subpart 2 of 

the CAA. See 69 FR 23857. 

2On December 31, 2002 (67 FR 80186), EPA 

published final rule changes to 40 CFR parts 51 and 

52, regarding the CAA’s PSD and NNSR programs. 

On November 7, 2003 (68 FR 63021), EPA 

published a notice of final action on the 

reconsideration of the December 31, 2002, final rule 

changes. The December 31, 2002, and the November 

7, 2003, final actions are collectively referred to as 

the ‘‘2002 NSR Reform Rules.’’ 

II. This Action 

III. EPA’s Response to Comments 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

EPA is taking final action on three 

separate but related revisions to South 

Carolina’s SIP—all pertaining to NSR. 

South Carolina submitted the first two 

proposed revisions to EPA for parallel 

processing on December 2, 2010. 

Specifically, South Carolina’s December 

2, 2010, SIP submittal proposed to: (1) 

Revise South Carolina’s PSD regulations 

at Regulation 61–62.5, Standard No. 7— 

Prevention of Significant Deterioration 

to address a PSD permitting requirement 

promulgated in the Phase II Rule, 70 FR 

71612 (November 29, 2005); and (2) 

incorporate NSR provisions at South 

Carolina Regulation 61–62.5, Standard 

No. 7—Prevention of Significant 

Deterioration and 7.1—Nonattainment 

New Source Review for PM2.5 as 

amended in EPA’s NSR PM2.5 Rule, 73 

FR 28321 (May 16, 2008). On March 15, 

2011, EPA proposed approval of South 

Carolina’s proposed December 2, 2010, 

submission. See 76 FR 13962. This 

action includes EPA’s response to 

adverse comments received on the 

portion of EPA’s March 15, 2011, 

proposal pertaining to approval of South 

Carolina’s proposed PM2.5 revisions. 

South Carolina submitted the December 

2, 2010, parallel processing SIP revision 

in final form on March 16, 2011. 

Additionally, South Carolina 

submitted a third SIP revision on April 

14, 2009, to address EPA’s conditional 

approval of South Carolina’s NNSR 

program. See 73 FR 31368 (June 2, 

2008). On March 24, 2011, EPA 

published a proposed rulemaking notice 

to approve a portion of the changes 

included in South Carolina’s April 14, 

2009, submission, and to convert EPA’s 

previous conditional approval of South 

Carolina’s NNSR program to full 

approval. See 76 FR 16593. 

EPA is now taking final action to 

approve the changes to South Carolina’s 

NSR programs as noted in EPA’s March 

15, 2011, and March 24, 2011, proposed 

rulemakings. A summary of the 

background for today’s final actions is 

provided below. For more detail, please 

refer to EPA’s proposed rulemakings at 

76 FR 13962 (March 15, 2011), and 76 

FR 16593 (March 24, 2011). 

a. Phase II Rule 

With regard to the 1997 8-hour ozone 

NAAQS,1 EPA’s Phase II Rule, finalized 

on November 29, 2005, addressed NSR 

permitting requirements and 

specifically identified nitrogen oxides 

(NOX) as an ozone precursor under the 

NSR program. See 70 FR 71612. States 

were required to provide SIP 

submissions to address the Phase II Rule 

requirements by June 15, 2007. On July 

1, 2005, South Carolina submitted a SIP 

revision to adopt the PSD and NNSR 

provisions amended in the 2002 NSR 

Reform rules.2 The SIP revision became 

state-effective on June 24, 2005, and 

adopted PSD and applicable NNSR 

provisions at 40 CFR 51.165 and 51.166, 

respectively. Also in the July 1, 2005 

submittal, South Carolina recognized 

NOX as an ozone precursor for NSR 

permitting purposes by adopting 

provisions into its SIP. At the time of 

South Carolina’s NSR Reform SIP 

submittal, the Phase II Rule had not 

been finalized by EPA. However, South 

Carolina had recognized NOX emissions 

as an ozone precursor in its PSD 

permitting practice. EPA took final 

action to approve South Carolina’s NSR 

Reform SIP revision as well as NOX as 

a precursor provisions into the South 

Carolina SIP on June 2, 2008. See 73 FR 

31368. 

To be consistent with federal NSR 

permitting regulations, South Carolina’s 

March 16, 2011, SIP revision 

incorporates a NOX as ozone precursor 

requirement for PSD that was not 

included in South Carolina’s July 1, 

2005, SIP submittal at Regulation 61– 

62–5 Standard No. 7. Specifically, the 

change addresses the inclusion of 

‘‘nitrogen oxides’’ in the footnote at 61– 

62.5(i)(5)(i) as amended at 40 CFR 

51.166(i)(5)(i)(e). The provision at 40 

CFR 51.166(i)(5)(i)(e) requires sources 

with a net increase of 100 tons per year 

or more of NOX to perform an ambient 

impact analysis. Together, South 

Carolina’s previously approved July 1, 

2005, SIP revision (73 FR 31368) and 

the March 16, 2011, SIP revision 

addressed by this rulemaking 

incorporate the Phase II Rule permitting 

requirements pertaining to NOX as an 

ozone precursor into the South Carolina 

SIP. 

b. NSR PM2.5 Rule 

With regard to the 1997 PM2.5

NAAQS, EPA finalized a rule on May 

16, 2008, including changes to the NSR 

program. See 73 FR 28321. The 2008 

NSR PM2.5 Rule revised the NSR 

program requirements to establish the 

framework for implementing 

preconstruction permit review for the 

PM2.5 NAAQS in both attainment and 

nonattainment areas. States are required 

to provide SIP submissions to address 

the requirements for the 2008 NSR PM2.5

Rule by May 16, 2011. South Carolina’s 

March 16, 2011, SIP revision addresses 

these requirements. 

c. Conversion of EPA’s Conditional 

Approval of South Carolina’s NNSR 

Program 

In addition to approving South 

Carolina’s NSR Reform SIP revision and 

NOX as an ozone precursor provisions, 

as mentioned in Section I.a. above, 

EPA’s June 2, 2008 (73 FR 31368), 

action conditionally approved South 

Carolina Regulation 61–62.5, Standard 

No. 7.1—Nonattainment New Source 

Review for inclusion in the South 

Carolina SIP. This regulation relates to 

South Carolina’s NNSR permit program. 

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 baseline provisions for 

calculating emission reductions to be 

used as offsets to meet the requirements 

set out in 40 CFR 51.165(a)(3)(i) and 

Appendix S, section IV.C. This revision 

affects major stationary sources in South 

Carolina that are subject to or 

potentially subject to the NNSR 

construction permit program. The 

emission offsets provisions also specify 

that the reductions must be surplus and 

cannot be used for offsets if they are 

otherwise required by the South 

Carolina SIP or other federal standards, 

such as New Source Performance 

Standards and National Emissions 

Standards for Hazardous Air Pollutants, 

including the Maximum Achievable 

Control Technology standards. Both of 

these issues, which were specifically 

identified in EPA’s June 2, 2008, final 

conditional approval, were addressed in 


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3 In addition to changes to address the 

conditional approval of South Carolina’s NNSR 

program and minor 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. See 72 FR 24060 (May 1, 

2007). At this time, EPA is not taking action on 

South Carolina’s changes to its NSR program to 

incorporate the provisions of the Ethanol Rule. 

4On June 2, 2008 (73 FR 31368), EPA 

disapproved provisions in South Carolina’s PSD 

and NNSR programs relating to PCP and CUs. 

Therefore, these provisions were not approved into 

South Carolina’s SIP. 

South Carolina’s April 14, 2009, SIP 

revision. 

II. This Action 

In two separate rulemakings, EPA 

proposed action to approve changes to 

South Carolina’s NSR program. First, 

EPA proposed to approve South 

Carolina’s March 16, 2011, SIP revision 

addressing PSD and NNSR requirements 

related to the implementation of the 

PM2.5 NAAQS as well as adding a 

provision of the PSD NOX as a precursor 

requirements established in the Phase II 

Rule (at 40 CFR 51.165 and 51.166). See 

76 FR 13962 (March 15, 2011). These 

revisions were necessary to update 

South Carolina’s existing NSR program 

at Regulation 61–62.5 Standards No. 7 

and 7.1 to be consistent with current 

federal NSR regulations. EPA has 

determined that South Carolina’s March 

16, 2011 SIP revision, which became 

state-effective on February 25, 2011, 

meets the requirements of the 2008 NSR 

PM2.5 Rule and the Phase II Rule. 

Further, EPA has determined that South 

Carolina’s March 16, 2011, SIP revision 

is consistent with section 110 of the 

CAA. 

Second, EPA proposed to approve 

South Carolina’s April 14, 2009, SIP 

revision 3 which consists of changes to 

South Carolina Regulation 61–62.5, 

Standard No. 7.1 entitled 

‘‘Nonattainment New Source Review.’’ 

See 76 FR 16593 (March 24, 2011). EPA 

received no comments on that proposal. 

SC DHEC submitted this SIP revision in 

response to EPA’s June 2, 2008 (73 FR 

31368), final rule, which conditionally 

approved South Carolina’s NNSR 

program. EPA has determined that 

South Carolina’s April 14, 2009, SIP 

revision satisfies the conditions listed in 

EPA’s June 2, 2008, conditional 

approval, and today is taking final 

action to convert its prior conditional 

approval to full approval. 

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 on June 24, 2005. The 

provisions vacated from the federal 

rules pertain to pollution control 

projects (PCPs) and clean units (CUs). 

Since these provisions were not 

approved into South Carolina’s SIP, no 

action is required by EPA.4 As a result 

of the removal of the PCP and CU 

provisions, South Carolina’s April 14, 

2009, SIP revision also includes minor 

administrative reference changes at 

Regulation 61–62.5, Standard No. 7— 

Prevention of Significant Deterioration 

and Standard No. 7.1 Nonattainment 

New Source Review for which EPA is 

now taking final action today to include 

in the South Carolina SIP. 

Given that South Carolina’s April 14, 

2009, SIP revision satisfies the 

conditional approval requirements for 

conversion to a full approval, the 

conditional approval language at section 

52.2119 of 40 CFR part 52, included in 

EPA’s final conditional approval 

published June 2, 2008 (73 FR 31368), 

is no longer necessary. This action 

removes the conditional approval 

language relating to South Carolina’s 

NNSR program from the CFR to reflect 

that the program has been fully 

approved. EPA is publishing this 

rulemaking to remove § 52.2119 of 40 

CFR part 52. As a consequence of the 

changes to § 52.2119 of 40 CFR part 52, 

this action also moves the existing 

disapproval language pertaining to PCPs 

and CUs at § 52.2119(c) to § 52.2122(e) 

of 40 CFR part 52. In addition, this 

action moves footnote 1 in § 52.2120(c) 

to section 52.2122(d). Lastly, today’s 

action corrects an inadvertent error 

regarding the omission of Standard No. 

7.1 entry from the table at § 52.2120(c). 

EPA has determined that this last 

change qualifies for the ‘‘good cause’’ 

exemption from public notice 

requirements pursuant to section 

553(b)(3)(B) of the Administrative 

Procedure Act. Specifically, public 

notice and opportunity to comment on 

EPA’s correction of the CFR table is 

unnecessary because it neither alters the 

meaning of the regulations at issue nor 

otherwise affects EPA’s analysis of 

South Carolina’s NSR and NNSR SIP 

revisions. 

III. EPA’s Response to Comments 

EPA received one set of comments on 

the March 15, 2011, proposed 

rulemaking to approve South Carolina’s 

proposed December 2, 2010, SIP 

revision to adopt federal requirements 

for NSR permitting set forth in the NSR 

PM2.5 Implementation Rule and the 

Phase II Rule. A full set of the comments 

provided by a single commenter is 

provided in the Docket No. EPA–R04– 

OAR–2010–0958 for this final action. A 

summary of the comment and EPA’s 

response is provided below. 

Comment: The Commenter provided 

EPA with an electronic copy of the EPA 

final rulemaking 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,’’ (hereafter referred 

to as the PM2.5 Increments, SILs and 

SMC Rule). See 75 FR 64864 (October 

20, 2010). The Commenter states ‘‘the 

South Carolina’s SIP should also 

include the increment and significant 

impact level and significant monitoring 

concentrations in the attached final 

rule.’’ 

Response: The requirements outlined 

in EPA’s PM2.5 Increments, SILs and 

SMC Rule are not relevant to EPA’s 

March 15, 2011, proposed action and 

today’s final action. Furthermore, the 

deadline for South Carolina to submit a 

SIP revision to adopt the requirements 

set forth in EPA’s PM2.5 Increments, 

SILs and SMC Rule has not yet passed. 

Specifically, as promulgated in the 

PM2.5 Increments, SILs and SMC Rule 

and in accordance with section 166(b) of 

the CAA, states are required to submit 

a SIP revision to adopt the PM2.5

increments no later than 21 months 

from the promulgation of the Rule, that 

is, by July 20, 2012. See 75 FR at 64898. 

EPA notes that while the PM2.5

increments are mandatory, the SILs and 

SMC provisions are not mandatory but 

in fact are elective tools that a state may 

incorporate into its SIP at the state’s 

discretion. Therefore, South Carolina 

has additional time to revise its SIP to 

incorporate the required PM2.5 PSD 

increments and the elective SIL and 

SMC provisions. 

IV. Final Action 

Pursuant to section 110 of the CAA, 

EPA is taking final action to approve 

South Carolina’s March 16, 2011, SIP 

revisions adopting federal regulations 

amended in the NSR PM2.5 Rule and the 

Phase II Rule (recognizing NOX as an 

ozone precursor) into the South 

Carolina SIP. EPA is approving these 

revisions into the South Carolina SIP 

because they are consistent with section 

110 of the CAA and its implementing 

regulations. 

In addition, EPA is also taking final 

action to approve South Carolina’s April 

14, 2009, SIP revision, which consists of 

changes to South Carolina Regulation 

61–62.5, Standard No. 7.1 entitled 


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‘‘Nonattainment New Source Review.’’ 

SC DHEC submitted the April 14, 2009, 

SIP revision in response to EPA’s June 

2, 2008, rule (73 FR 31368), which 

conditionally approved South Carolina’s 

NNSR program as provided in the 

State’s July 1, 2005, SIP revision. SC 

DHEC has now satisfied the conditions 

listed in EPA’s conditional approval. 

Therefore, today’s final action also 

converts EPA’s conditional approval of 

South Carolina’s NNSR program to a full 

approval. The April 14, 2009, SIP 

revision is consistent with federal 

regulations and in accordance with the 

CAA. In addition, EPA is taking final 

action 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 PCP and 

CU provisions. 

As mentioned above in Section II and 

as a result of final approval of today’s 

actions, this rulemaking makes the 

following administrative corrections to 

40 CFR part 52: (1) Removes the 

conditional approval language at section 

52.2119 to reflect that South Carolina’s 

NNSR program has been fully approved; 

(2) relocates the existing disapproval 

language at section 52.2119(c) to section 

52.2122(e) of 40 CFR part 52; and (3) 

moves footnote 1 in section 52.2120(c) 

to section 52.2122(d). Lastly, today’s 

action also corrects an inadvertent error 

regarding the omission of Standard No. 

7.1 entry from the table at section 

52.2120(c). 

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. 

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). 

EPA has also determined that this rule 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

there are no ‘‘substantial direct effects’’ 

on an Indian Tribe as a result of this 

action. The Catawba Indian Nation 

Reservation is located within the South 

Carolina portion of the bi-state Charlotte 

nonattainment area. EPA notes that the 

proposal for this rule incorrectly stated 

that the South Carolina SIP is not 

approved to apply in Indian country 

located in the state. However, 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.’’ Thus, the South Carolina 

SIP does apply to the Catawba 

Reservation. While this action revises 

South Carolina’s existing NSR 

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 August 22, 2011. 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).) For purposes of judicial 

review, each of the three SIP revisions 

approved by today’s action are severable 

from one another. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements and 

Volatile organic compounds. 

Dated: June 9, 2011. 

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 

§ 52.2119 [Removed] 

■ 2. Section 52.2119 is removed. 

■ 3. Section 52.2120 (c) is amended 

under Regulation No. 62.5 by revising 

the entry for ‘‘Standard No. 7’’ and 

adding an entry for ‘‘Standard No. 7.1’’ 

to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations 36879 

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA

State citation Title/subject State effective 

date 

EPA approval 

date Federal Register notice 

*******

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

*******

Standard No. 7 ................. Prevention of Significant Deterioration1 ..................... 2/25/2011 6/23/2011 [Insert citation of publication]. 

Standard No. 7.1 .............. Nonattainment New Source Review1 ......................... 2/25/2011 6/23/2011 [Insert citation of publication]. 

* * * * * * * 

1This EPA action is approving revisions to the South Carolina SIP with the exception of the phrase ‘‘except ethanol production facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or 312140,’’ as amended 

in the Ethanol Rule. See 72 FR 24060 (May 1, 2007). 

* * * * * 

■ 4. Section 52.2122 is amended by 

adding paragraphs (d) and (e) to read as 

follows: 

§ 52.2122 Approval status. 

(d) Regulation 61–62.5 Standard No. 

7—This regulation (submitted on July 1, 

2005) includes two portions of EPA’s 

2002 NSR Reform Rules that were 

vacated by the D.C. Circuit Court— 

Pollution Control Projects (PCPs) and 

clean units. As a result, EPA is 

disapproving all rules and/or rule 

sections in the South Carolina PSD rules 

referencing clean units or PCPs. 

Specifically, the following South 

Carolina rules are being disapproved: 

(a)(2)(iv)(e); (a)(2)(iv)(f) (second 

sentence only); (a)(2)(vi); (b)(12); 

(b)(30)(iii)(h); (b)(34)(iii)(b); 

(b)(34)(vi)(d); (b)(35); (r)(6)—only the 

reference to the term ‘‘clean unit’’ is 

being disapproved. The remainder of 

this regulatory provision is being 

approved); (r)(7)—only the reference to 

the term ‘‘clean unit’’ is being 

disapproved. The remainder of this 

regulatory provision is being approved); 

(x); (y) and (z). 

(e) Regulation 61–62.5 Standard No. 

7.1—EPA is disapproving two 

provisions of South Carolina’s NNSR 

program (submitted on July 1, 2005) that 

relate to provisions that were vacated 

from the federal program by the United 

States Court of Appeals for the District 

of Columbia Circuit on June 24, 2005. 

The two provisions vacated from the 

federal rules pertain to Pollution 

Control Projects (PCPs) and clean units. 

The PCP and clean unit references are 

severable from the remainder of the 

NNSR program. Specifically, the 

following sections of South Carolina 

Regulation 61–62.5 Standard No. 7.1 are 

being disapproved: (b)(5); (b)(6)— 

Second sentence only; (b)(8); (c)(4); 

(c)(6)(C)(viii); (c)(8)(C)(iii); (c)(8)(E)(v); 

(c)(10); (d)(1)(C)(ix); (d)(1)(C)(x); (d)(3)— 

Only the reference to the term ‘‘clean 

unit’’ is being disapproved. The 

remainder of this regulatory provision is 

being approved; (d)(4)—Only the 

reference to the term ‘‘clean unit’’ is 

being disapproved. The remainder of 

this regulatory provision is being 

approved; (f); (g) and (h). These 

disapprovals were amended in 73 FR 

31371, (June 2, 2008). 

[FR Doc. 2011–15633 Filed 6–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–9323–4] 

Minnesota: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is granting Minnesota 

final authorization of the changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The agency published a 

proposed rule on January 14, 2011 and 

provided for public comment. The 

public comment period ended on 

February 14, 2011. We received no 

comments. No further opportunity for 

comment will be provided. EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization. We now make a final 

decision to authorize Minnesota’s 

changes through this final action. 

DATES: The final authorization will be 

effective on June 23, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R05–RCRA– 

2010–0738. All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some of the 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. 

Publicly available docket materials 

are available either electronically at 

http://www.regulations.gov or in hard 

copy. You may view and copy 

Minnesota’s application from 9:00 a.m. 

to 4:00 p.m. at the following addresses: 

U.S. EPA Region 5, LR–8J, 77 West 

Jackson Boulevard, Chicago, Illinois, 

contact: Gary Westefer (312) 886–7450; 

or Minnesota Pollution Control Agency, 

520 Lafayette Road, North, St. Paul, 

Minnesota 55515, contact: Nathan 

Cooley (651) 757–2290. 

FOR FURTHER INFORMATION CONTACT: Gary 

Westefer, Minnesota Regulatory 

Specialist, U.S. EPA Region 5, LR–8J, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604, (312) 886–7450, e-mail 

westefer.gary@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs 

necessary? 

States which have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and request EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 


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