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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 6954-6967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00438]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2024-0241; FRL-12545-01-R4]

Air Plan Partial Approval and Partial Disapproval; South 
Carolina; Minor Source Permit Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
partially approve and partially disapprove changes to South Carolina's 
State Implementation Plan (SIP) to revise regulations prescribing minor 
source permit program requirements, including minor new source review 
(NSR) requirements as submitted by the State of South Carolina, through 
the South Carolina Department of Health and Environmental Control (SC 
DHEC), on the following dates: October 1, 2007; July 18, 2011; June 17, 
2013; August 8, 2014; January 20, 2016; July 27, 2016; and April 24, 
2020. This action is being proposed pursuant to the Clean Air Act (CAA 
or Act).

DATES: Comments must be received on or before February 20, 2025.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0241 at regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Weston Freund, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-8773. Mr. Freund can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA proposing?
II. Analysis of the State's Submittals
    A. Overview and Analysis of Changes to Regulation 61-62.1, 
Section II, Permit Requirements
    1. Subsection II(B)--Exemptions From the Requirement To Obtain a 
Construction Permit
    a. Paragraph II(B)(2)
    i. Subparagraph II(B)(2)(b)
    ii. Subparagraph II(B)(2)(f)
    iii. Subparagraph II(B)(2)(h)
    b. Paragraph II(B)(3)
    c. Paragraph II(B)(5)
    d. Paragraph II(B)(6)
    e. Paragraph II(B)(7)
    2. Subsection II(C)--Construction Permit Applications
    3. Subsection II(D)--General Construction Permits
    4. Subsection II(E)--Synthetic Minor Construction Permits
    a. Subparagraphs II(E)(4)(a)-(E)(4)(d)
    b. Subparagraph II(E)(4)(c)
    c. Subparagraph II(E)(4)(e)
    d. Subparagraph II(E)(4)(g)
    5. Subsection II(F)--Operating Permits
    a. Paragraphs II(F)(2) and (F)(3)
    b. Paragraph II(F)(5)
    6. Subsection II(G)--Conditional Major Operating Permits
    a. Subparagraph II(G)(2)(d)
    b. Subparagraph II(G)(7)(c)
    c. Subparagraph II(G)(7)(g)
    7. Subsection II(H)--Operating Permit Renewal Requests
    8. Subsection II(I)--Registration Permits
    a. Subparagraph II(I)(2)(a)(ii)
    b. Subparagraph II(I)(2)(e)
    9. Subsection II(K)--Exceptions
    10. Subsection II(N)--Public Participation Procedures
III. Incorporation by Reference
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    On October 1, 2007; July 18, 2011; June 17, 2013; August 8, 2014; 
January 20, 2016; July 27, 2016; \1\ September 5, 2017; April 24, 2020; 
and February 4, 2022, SC DHEC \2\ submitted SIP revisions to EPA for 
approval that include changes to South Carolina's minor source 
permitting regulations to clarify and streamline the State's federally 
approved minor preconstruction and minor operating permitting program. 
This federally approved program requires stationary sources of air 
pollutants planning to construct or modify to first obtain a 
construction permit and to obtain and maintain operating permits in 
accordance with the South Carolina Code of Regulations Annotated (S.C. 
Code Ann. Regs. hereinafter ``Regulation'') 61-62.1, Section II,

[[Page 6955]]

Permit Requirements. CAA section 110(a)(2)(C) provides that SIPs must 
include a program to regulate the construction and modification of any 
stationary source as necessary to assure that the national ambient air 
quality standards (NAAQS) are achieved, and it cites to more detailed 
CAA permitting requirements that pertain to the construction of major 
sources of air pollution. These CAA requirements for regulating the 
construction and modification of stationary sources, known collectively 
as the New Source Review (NSR) program, consists of the following three 
programs: (1) Prevention of significant deterioration (PSD) for major 
stationary sources and major modifications in attainment and 
unclassifiable areas; (2) nonattainment new source review (NNSR) for 
major stationary sources and major modifications locating in or 
impacting nonattainment areas, and (3) minor NSR, which applies 
generally to attainment, unclassifiable, and nonattainment areas for 
new sources and modifications that fall below the major NSR thresholds. 
Federal regulations setting forth these NSR programs are prescribed at 
40 CFR part 51, subpart I, Review of New Sources and Modifications, and 
Appendix S to part 51, Emission Offset Interpretive Ruling. 
Specifically, 40 CFR 51.165 generally details components of the NNSR 
program in conjunction with Appendix S to part 51. Next, 40 CFR 51.166 
prescribes minimum requirements for SIP-approved PSD programs. The 
regulations at 40 CFR 51.160-164 are generally applicable to all NSR 
programs, but because of the more specific implementing regulations for 
the NNSR and PSD programs at 40 CFR 51.165 and 51.166, and 40 CFR 
51.160-164 serve primarily as the basis for EPA's evaluation of minor 
NSR programs. Accordingly, in this proposed action, EPA is evaluating 
submitted changes to South Carolina's existing SIP-approved minor NSR 
program against the generally applicable Federal NSR rules and is 
proposing to approve in part, and disapprove in part, these revisions. 
EPA is also evaluating changes to provisions for obtaining minor source 
operating permits, which are already approved into the South Carolina 
SIP. These regulations include provisions for federally enforceable 
State operating permits (FESOPs), which include limits on potential to 
emit (PTE) to enable a source or modification to qualify as minor and 
avoid major NSR applicability (PSD and NNSR programs) as well as title 
V major source status.
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    \1\ EPA notes that while the July 27, 2016, submittal was signed 
and dated by SC DHEC on July 25, 2016, it was received via EPA's 
SPeCS for SIPs system on July 27, 2016.
    \2\ On July 1, 2024, SC DHEC was restructured into a health 
agency, the Department of Public Health, and an environmental 
agency, the Department of Environmental Services (DES). In a letter 
dated June 20, 2024, South Carolina represented to EPA that all the 
functions, powers, and duties of the environmental divisions, 
offices, and programs of DHEC, including the authority to administer 
and enforce State implementation plans, are retained and continued 
in full force and effect under DES. This letter is in the docket for 
this proposed rulemaking. Throughout this proposal, the terms, 
``Department'', ``South Carolina Department of Health and 
Environmental Services'', ``SCDHEC'', ``South Carolina Department of 
Environmental Services'', and ``SCDES'' are all interchangeable.
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    Through a notice of proposed rulemaking (NPRM) published on August 
17, 2017 (82 FR 39083), EPA proposed to approve changes to the October 
1, 2007; July 18, 2011; June 17, 2013; August 8, 2014; January 20, 
2016; and July 25, 2016 SIP submissions. A comprehensive discussion of 
EPA's analysis and rationale for those proposed changes to the South 
Carolina SIP is described in the August 17, 2017 NPRM. Comments on the 
August 17, 2017 NPRM were due on or before September 18, 2017. Adverse 
comments were received on the proposed changes to Regulation 61-62.1, 
subparagraph II(B)(2)(h); Regulation 61-62.1, paragraph II(B)(3); 
Regulation 61-62.1, paragraph II(B)(5); Regulation 61-62.1, paragraph 
II(B)(6); Regulation 61-62.1, subsection II(D); Regulation 61-62.1, 
paragraph II(E)(4); Regulation 61-62.1, Section II(I); Regulation 61-
62.1, subsection II(K); Regulation 61-62.1, paragraph II(N)(1); and 
Regulation 61-62.1, paragraph II(N)(6). The comments are available in 
the docket for this proposed action. EPA did not finalize action on the 
August 2017 NPRM. Comments on that action have persuaded EPA to 
reconsider some elements of the SIP submissions described above. EPA is 
now proposing to disapprove several provisions that received adverse 
comment. In addition, EPA is proposing to disapprove several provisions 
that did not receive adverse comment, and is re-proposing approval of 
several provisions that received adverse comment in the 2017 NPRM. EPA 
is not reconsidering or seeking additional comment on certain 
provisions found in the 2017 NPRM that did not receive comments.\3\ In 
this proposed action, EPA is also proposing to act on the SIP revisions 
requested by South Carolina since the 2017 NPRM in its submittals from 
September 5, 2017; April 24, 2020; and February 4, 2022.
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    \3\ EPA proposed to approve and did not receive comments on 
changes in the 2017 NPRM to the following: 61-62.1, subsection II.A; 
61-62.1, paragraphs II(B)(1) and II(B)(4); 61-62.1, subsection 
II(C); 61-62.1, paragraphs II(E)(1), II(E)(2), II(E)(3), and 
II(E)(5); 61-62.1 subsection II(F); 61-62.1, subsection II(J); 61-
62.1, subsection II(M); 61-62.1, paragraph II(N)(5); and 61-62.1, 
subsection II(O). For more information on these proposed changes, 
see 82 FR 39083 (August 17, 2017). However, in this document, EPA is 
now proposing to disapprove Regulation 61-62.1, subsection II(E) in 
its entirety and subsection II(F) in its entirety, as discussed in 
Sections II.A.4 and II.A.5 of this NPRM.
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II. Analysis of the State's Submittals

A. Overview and Analysis of Changes to Regulation 61-62.1, Section II, 
Permit Requirements

    Section 110(a)(2)(C) of the CAA requires that SIPs include a 
program to regulate the construction and modification of stationary 
sources as necessary to ensure that the NAAQS are maintained. Federal 
regulations at 40 CFR 51.160(e) require that such a State program 
identify the types and sizes of sources subject to review and the basis 
for determining which sources are subject. Additionally, CAA section 
110(l) provides that EPA 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 CAA section 
171), or any other applicable requirement of the CAA.
    South Carolina has a SIP-approved minor source permitting program 
that includes minor NSR permitting at Regulation 61-62.1, Section II, 
Permit Requirements. These regulations require stationary sources that 
are planning to construct, alter, or add to a source of air pollutants 
to first obtain a preconstruction permit from the permitting agency and 
to request an operating permit upon placing the new or altered source 
into operation. These stationary sources include different types of 
minor sources. The program covers ``true minor'' sources, which have 
the potential to emit (PTE) certain pollutants below major NSR 
thresholds for new sources and modifications. The SIP-approved minor 
source permitting program also includes provisions for issuing permits 
that establish federally enforceable emissions limits to restrict the 
PTE of certain pollutants below major stationary source and major 
modification applicability thresholds: ``synthetic minor'' permits 
establish these enforceable emision limits for sources obtaining 
construction permits, and ``conditional major'' permits establish these 
emission limits in the corresponding operating permits. South Carolina 
initially revised its minor source permitting program rules in the 
October 1, 2007 submittal to clarify and streamline requirements for 
obtaining minor source construction and operating permits. Subsequent 
submittals make other changes, which are discussed for each subsection 
of the regulation, below.
    EPA has reviewed the proposed changes to the minor source 
construction and operating permitting regulations and is proposing to 
approve in part and disapprove in part for the reasons discussed below.
1. Subsection II(B)--Exemptions From the Requirement To Obtain a 
Construction Permit
    Regulation 61-62.1, Section II(B)--Exemptions from the Requirement 
to

[[Page 6956]]

Obtain a Construction Permit specifies which types of minor sources are 
exempt from obtaining minor source construction permits. The October 1, 
2007 submittal makes several changes to subsection II(B), including 
renumbering subsection II(F) \4\ to subsection II(B) and modifying the 
title to clarify that the paragraph applies only to construction 
permits. Additional changes are made to subsection II(B) in the 
submittals from July 18, 2011; June 17, 2013; August 8, 2014; and April 
24, 2020, and are described below.
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    \4\ Additional changes to the revised subsection II(F) are 
discussed later in this document.
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    One universal change to subsection II(B) from the April 24, 2020 
submittal is administrative in nature by placing the alphanumeric 
provision dividers in parentheses. The submittal also makes other non-
substantive and ministerial changes. EPA is proposing to approve these 
editorial and minor changes as they are consistent with CAA section 
110.
a. Paragraph II(B)(2)
    The October 1, 2007 submittal revises paragraph II(B)(2) by 
clarifying that the permits described are ``construction'' permits. It 
also specifies that stationary sources exempt from the construction 
permit requirements are listed in subparagraphs II(B)(2)(a) through 
(h). Additionally, the 2007 submittal adds a statement that a source's 
exemption status may change (and thus require a permit) upon the 
promulgation of new regulatory requirements. EPA has reviewed these 
ministerial changes and preliminarily found them to be consistent with 
CAA section 110. Therefore, EPA is proposing to approve these changes 
to South Carolina's SIP at Regulation 61-62.1, subsection II(B).
i. Subparagraph II(B)(2)(b)
    In the October 1, 2007 submittal, a new subparagraph in Section 
II--(B)(2)(b)--adds an exemption to the requirement to obtain a 
construction permit for boilers and space heaters of less than 10 
million British thermal units per hour (MMBtu/hr) rated input capacity 
that burn only virgin gas fuels. South Carolina has determined that 
these small boilers and space heaters do not require permits because 
they are not likely to have significant air quality impacts and permits 
for these units would be unlikely to set forth unique requirements. 
Units of this size would be generally consistent with other pollutant-
rate based exemptions of 1 lb/hr for particulate matter (PM) that are 
approved in the current SIP at paragraph II(F)(2) and that the State 
also put forward for additional pollutants at subparagraph II(B)(2)(h) 
in the October 1, 2007, submittal, which is discussed below. EPA 
similarly does not prescribe specific requirements for boilers smaller 
than this threshold. See 40 CFR 60.40c(a).
    EPA has reviewed this new exemption and supports the State's 
determination to exempt auxiliary boilers and space heaters of less 
than 10 MMBtu/hr rated input capacity that burn only virgin gas fuels 
because they are not expected to interfere with any applicable 
requirement concerning attainment and reasonable further progress or 
any other applicable CAA requirement. Therefore, EPA is proposing to 
approve subparagraph II(B)(2)(b) into the SIP pursuant to the CAA.
    By inserting the new subparagraph (b) under subparagraph (B)(2), 
the subparagraphs below are relettered, such that the old subparagraph 
(b) becomes the new subparagraph (c), and so forth. EPA is also 
proposing to approve this minor change.
ii. Subparagraph II(B)(2)(f)
    The October 1, 2007 submittal revises subparagraph II(B)(2)(f) to 
expand the exemption from construction permitting requirements for 
certain emergency power generators. The current SIP-approved regulation 
provides an exemption from construction permits for emergency power 
generators of ``less than'' 150 kilowatt (KW) rated capacity, as well 
as larger emergency power generators that operate 250 hours per year or 
less and have a method to record the actual hour of use, such as an 
hour meter. The revision provides an exemption for emergency power 
generators of ``less than or equal to'' 150 KW rated capacity, as well 
as generators that are designated for emergency use only and operate 
500 hours or less per year for testing and maintenance and have a 
method to record the actual hours of use, such as an hour meter.
    South Carolina's December 30, 2016 letter explains that the State 
considered CAA section 110(l), and asserts that the State expects no 
increase in actual emissions as a result of raising this exemption 
threshold for emergency power generators.\5\ South Carolina further 
explains that the 500 hours per year threshold is commonly used to 
determine the PTE for title V and other major NSR applicability 
determinations, consistent with an EPA guidance memorandum.\6\ These 
sources are still restricted to emergency conditions, meaning that 
other types of non-emergency activities--such as peak shaving \7\--
would not qualify for the exemption under subparagraph II(B)(2)(f). 
Additionally, the State points to applicable Federal requirements for 
emergency generators at 40 CFR part 63 at subpart ZZZZ and 40 CFR part 
60 at subparts IIII and JJJJ that restrict non-emergency use of these 
sources to 100 hours per year.
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    \5\ This letter is included in the docket for this proposed 
action.
    \6\ Seitz, John S, ``Calculating Potential to Emit (PTE) for 
Emergency Generators.'' Memorandum to Program Directors in EPA 
Regional Offices, Office of Air Quality Planning and Standards, 
Research Triangle Park, NC (Sept. 6, 1995).
    \7\ Peak shaving is the practice of reducing a facility's 
consumption of utility-provided power by instead using limited 
onsite power during periods of high energy demand.
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    Subsequently, South Carolina submitted a letter dated March 23, 
2020, more specifically addressing equivalent changes to Regulation 61-
62.1, Standard No. 5.2, Control of Oxides of Nitrogen (NOX), to provide 
further clarifying information.\8\ In this letter, the State notes that 
no Federal standards were in place for these emergency engines at the 
time they were developing the original Standard No. 5.2 in the 2004 
timeframe. In fact, the exemption in place in 61-62.1, Section II had 
been in place over a decade before.\9\ The March 23, 2020 letter 
explains that South Carolina had polled owners and operators in the 
past about typical usage for testing and maintenance for these 
emergency generators, and the State developed the 250-hour per year 
threshold as a result. The State explains that the 250-hour per year 
threshold was never intended to limit actual emergency use of the 
generators but was meant to serve as a general exemption for a 
reasonable amount of non-emergency use. This is also a critical change 
to include in the SIP so that the Regulation is clear as to how the 
State applies it and emergency generators are not limited in their 
emergency use. Since that time, EPA promulgated 40 CFR part 63, subpart 
ZZZZ, which South Carolina confirms in its letter applies to all such 
emergency engines in the State. The exemption in subparagraph 
II(B)(2)(f) also clearly only applies to generators designated for 
emergency use. Consequently, all non-emergency use for these emergency 
generators is

[[Page 6957]]

restricted to 100 hours per year as per the Federal regulation, 
including for testing and maintenance. The change to provide that 
exemptions from permitting requirements extend to 500 hours of testing 
and maintenance would have no practical effect on the universe of 
exempt sources, as detailed above, since all such units are subject to 
the 40 CFR part 63, subpart ZZZZ. Therefore, this change to 
subparagraph II(B)(2)(f) will not result in any actual increase in 
emissions, and therefore, will not interfere with any applicable 
requirement regarding attainment or reasonable further progress. The 
State also has the discretion to define the scope of its minor NSR 
program pursuant to 40 CFR 51.160(e) and has previously determined that 
these units (with the specified size and hourly operation restrictions) 
do not need to undergo unique case-by-case permit reviews. Therefore, 
EPA is proposing to approve these changes to Regulation 61-62.1, 
subparagraph II(B)(2)(f) into the SIP pursuant to the CAA.
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    \8\ This letter is included in the docket for this proposed 
action. South Carolina submitted SIP revisions with changes to the 
NOX control rules at Regulation 61-62.5, Standard No. 
5.2, Control of Oxides of Nitrogen (NOX), dated October 1, 2007; 
July 25, 2016; September 5, 2017; and February 4, 2022. EPA will 
address these revisions in a future rulemaking.
    \9\ See 60 FR 63434 (December 11, 1995).
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iii. Subparagraph II(B)(2)(h)
    The October 1, 2007 submittal also makes changes to subparagraph 
II(B)(2)(h), formerly subparagraph II(F)(2)(g), by expanding the 
available exemption from a construction permit to sources with a total 
uncontrolled emissions rate of less than 1 pound per hour (lb/hr) each 
of sulfur dioxide, nitrogen oxides (NOX), and carbon 
monoxide. These exemptions expand on the current, SIP-approved 
exemptions that apply to sources with an uncontrolled PM emission rate 
of less than 1 lb/hr and/or uncontrolled volatile organic compounds 
(VOCs) emission rate of less than 1,000 lbs/month. The July 18, 2011 
submittal adds language to require that emissions calculations or other 
information necessary to demonstrate that a source qualifies for the 
exemption must be kept on site and provided to the State upon request.
    Next, the August 8, 2014 submittal revises the emissions exemption 
threshold in subparagraph II(B)(2)(h) in two ways. First, it revises 
total uncontrolled PTE from 1 lb/hr to 5 ton per year (tpy). Second, it 
adds language stating that sources with a PTE higher than the 5 tpy 
applicability threshold may be exempted from the requirement to obtain 
a construction permit under this subparagraph if the sources 
demonstrate that they are not subject to any State or Federal limits or 
requirements. The State provided EPA with a December 30, 2016 letter, 
addressing the second revision, asserting that it is primarily intended 
to apply to sources with PTE only slightly above the 5 tpy threshold. 
The State further asserts that the rule contains a safeguard that 
sources subject to any applicable regulation, such as Federal 
requirements, cannot be exempt from obtaining construction permits via 
this case-by-case process. The letter then steps through an example of 
the process that small sources of VOC emissions would undergo, 
including an assessment of any potentially applicable requirements 
related to NAAQS, toxics, or hazardous air pollutants; consideration of 
the PTE relative to major NSR thresholds; and any other special 
considerations. South Carolina contends that it determines the 
applicability of construction permits for these sources under close 
scrutiny, on a case-by-case basis. However, the language in this 
provision from the August 8, 2014 submittal does not prescribe any 
upper bound on emissions for the case-by-case exemptions from minor NSR 
permitting, nor does it provide adequate justification for those higher 
thresholds being exempt from a case-by-case permitting process, and the 
safeguard therefore cannot cover the universe of possibly exempt 
sources.
    SIPs must contain a minor NSR program with enforceable procedures 
enabling the State to determine whether the construction or 
modification of a source will, among other things, interfere with 
attainment or maintenance of the NAAQS. See CAA section 110(a)(2)(C); 
40 CFR 51.160(a). These procedures must identify the types and sizes of 
the sources subject to review, and the SIP must discuss the basis for 
determining which facilities will be subject to review. See 40 CFR 
51.160(e). Furthermore, CAA section 110(l) prohibits EPA from approving 
a SIP revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress toward 
attainment, or any other applicable requirement. The language 
introduced in the August 8, 2014 submittal at subparagraph II(B)(2)(h) 
appears to be inconsistent with CAA section 110(a)(2)(C), 40 CFR 
51.160, and CAA section 110(l) because it would allow the State to 
exempt sources without determining whether the sources would interfere 
with the NAAQS, and it does not adequately identify the types and sizes 
of sources subject to preconstruction review and the basis for 
determining which sources are subject to review. Because of these 
concerns, and because EPA cannot evaluate potential NAAQS impacts that 
may occur from undefined future exemptions from these SIP requirements, 
EPA is proposing to disapprove changes to subparagraph II(B)(2)(h) from 
the August 8, 2014 submittal. EPA is also proposing to disapprove the 
changes to subparagraph II(B)(2)(h) that were requested in the October 
1, 2007 submittal because those changes were superseded by the changes 
in the August 8, 2014 submittal and are no longer state-effective.
    The July 18, 2011 submittal makes a distinct change to the rule, 
which is found in the current, state-effective regulation. The revision 
adds the sentence ``Emissions calculations and any other information 
necessary to document qualification for this exemption must be 
maintained onsite and provided to the Department upon request.'' This 
revision adds an administrative requirement to show compliance. 
However, because the change is so closely linked to the changes in the 
October 1, 2007, and August 8, 2014 submittals, EPA is proposing to 
disapprove this change as well.\10\
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    \10\ If EPA finalizes disapproval of the changes to subsection 
II(B) at subparagraph II(B)(2)(h), subparagraph II(F)(2)(g), 
effective June 24, 2005, would remain in the SIP.
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b. Paragraph II(B)(3)
    In its October 1, 2007 submittal, South Carolina requested to add 
paragraph (B)(3) to Section II in its SIP. The new paragraph requires 
the State to maintain a list of sources exempted under subparagraphs 
II(B)(2)(a) through II(B)(2)(g) on a list of sources to be exempted 
without further review, along with any other sources determined to have 
total uncontrolled emissions less than the thresholds in subparagraph 
II(B)(2)(h). The list of sources that are exempt without further review 
from the requirement to obtain a construction permit will be maintained 
by the Department and periodically published in the South Carolina 
State Register for use by the public and regulated community.
    The July 18, 2011 submission revises language in paragraph II(B)(3) 
to clarify that source types which are added to the list of exempted 
sources will be determined not to interfere with the attainment or 
maintenance of any State or Federal standard, replacing the requirement 
for the list to include sources that have total uncontrolled emissions 
less than the thresholds in subparagraph II(B)(2)(h). Lastly, the 
August 8, 2014 submittal includes the addition of language to paragraph 
II(B)(3) asserting that the State may develop emission thresholds for 
exemptions that are determined not to

[[Page 6958]]

interfere with attainment or maintenance of State or Federal standards 
to include in the list maintained pursuant to this subparagraph, and 
that South Carolina could be petitioned to consider adding additional 
sources to this list.
    While EPA notes that South Carolina has inherent flexibility to 
determine which types and sizes of sources need to undergo 
preconstruction review and permitting in the State pursuant to 40 CFR 
51.160(e), the language introduced in the August 8, 2014 submittal at 
paragraph II(B)(3) provides the State with the ability to modify the 
universe of sources subject to the minor NSR program without further 
regulatory changes and without any basis for determining which 
facilities will be subject to review. These changes are inconsistent 
with CAA section 110(a)(2)(C) and 40 CFR 51.160(e) because they do not 
identify the types and sizes of sources subject to preconstruction 
review and the basis for determining which sources are subject to 
review. Furthermore, paragraph II(B)(3) as revised through the August 
8, 2014 submittal, is inconsistent with CAA section 110(l), which 
provides that EPA shall not approve a SIP revision that would interfere 
with any requirements concerning attainment and reasonable further 
progress, or any other applicable CAA requirement because EPA cannot 
evaluate potential future exemptions from these SIP requirements. 
Therefore, due to these reasons, as well as the enforceability issues 
described in the above Section II(A)(1)(a)(iii), EPA is proposing to 
disapprove paragraph II(B)(3).
c. Paragraph II(B)(5)
    Paragraph II(B)(5) is a new provision that was added in the August 
8, 2014 submittal. The version of paragraph (B)(5) that is in the 
current SIP is moved to paragraph (B)(6) and is explained below. 
Paragraph (B)(5), as introduced in the August 8, 2014 submittal, states 
that sources of VOCs greater than 1,000 lb/month (i.e., the emission 
threshold listed in subparagraph (B)(2)(h)) may be exempted from the 
requirement to obtain a construction permit on a case-by-case basis, 
and that exempt sources may later be required to be included in 
subsequent construction or operating permits.
    Similar to the revised subparagraph (B)(2)(h), the State could 
grant or deny exemptions from the requirement to obtain a construction 
permit on a case-by-case basis above SIP-specified thresholds with no 
upper bound other than the major stationary source or major 
modification threshold. While EPA notes that the State has inherent 
flexibility to determine which types and sizes of sources need to 
undergo preconstruction review and permitting in the State, the 
language introduced in the August 8, 2014 submittal at paragraph 
II(B)(5) provides the State with the ability to modify the universe of 
sources subject to the minor NSR program without further regulatory 
changes. These changes are inconsistent with CAA section 110(a)(2)(C) 
and 40 CFR 51.160(e) because they do not identify the types and sizes 
of sources subject to preconstruction review and the basis for 
determining which sources are subject to review. Furthermore, paragraph 
II(B)(5) as introduced in the August 8, 2014 submittal, is inconsistent 
with CAA section 110(l), which provides that EPA shall not approve a 
SIP revision that would interfere with any requirements concerning 
attainment and reasonable further progress, or any other applicable CAA 
requirement because EPA cannot evaluate potential future exemptions 
from these SIP requirements. Therefore, EPA is proposing to disapprove 
paragraph II(B)(5).
d. Paragraph II(B)(6)
    Paragraph II(B)(6) was added in the October 1, 2007 submittal as 
paragraph (B)(5). When the new paragraph (B)(5) was introduced in the 
August 8, 2014 submittal, the paragraph was moved to (B)(6). This 
paragraph requires that any new sources similar to those already on the 
exempted source list established by paragraph II(B)(3), or sources with 
modifications to existing equipment,\11\ must include the following 
information in their request for exemption: (1) A complete description 
of the existing equipment and proposed modification; (2) the 
pollutant(s) being emitted and any deviation from the parameters 
provided in earlier permit applications, permit exemptions, and issued 
permits; (3) any ambient air quality demonstrations needed for 
Regulation 61-62.5, Standards No. 2, Ambient Air Quality Standards, No. 
7, Prevention of Significant Deterioration, and No. 8, Toxic Air 
Pollutants; and (4) a regulatory review to demonstrate the project is 
not a CAA title I modification, nor is subject to Regulation 61-62.5, 
Standards No. 7, Prevention of Significant Deterioration, and 7.1, 
Nonattainment New Source Review (NSR). EPA is proposing to disapprove 
paragraph II(B)(6) because it functions only in conjunction with 
subparagraph II(B)(2)(h) and paragraph II(B)(3), which the Agency is 
also proposing to disapprove for the aforementioned reasons.
---------------------------------------------------------------------------

    \11\ Modifications to existing equipment include the 
reconstruction, relocation, and replacement of existing equipment, 
which may qualify for exemption pursuant to subparagraph II(B)(2)(h) 
and paragraph II(B)(4).
---------------------------------------------------------------------------

e. Paragraph II(B)(7)
    Paragraph II(B)(7) was added in the October 1, 2007 submittal as 
paragraph (B)(6). When the new paragraph (B)(5) was introduced in the 
August 8, 2014 submittal, the paragraph was moved to (B)(7). It states 
that the construction permitting exemptions in subsection II(B) do not 
relieve the owner or operator of any source from any obligation to 
comply with any other applicable requirements. This clarifying 
statement simply notes that exemption from the requirement to obtain a 
construction permit under Regulation 61-62.1, Section II does not 
result in an exemption from any other applicable requirements, such as 
Federal standards or other requirements under the SIP.
    Subsection II(B) was revised in the July 18, 2011 submittal with a 
two-sentence addition that states that South Carolina reserves the 
right to require a construction permit and the need for permit(s) will 
be made by South Carolina on a case-by-case basis, and that the 
determination will take into consideration, but will not be limited to, 
the nature and amount of the pollutants, location, proximity to 
residences and commercial establishments, and other factors. This 
statement clarifies that, while subsection II(B) generally provides for 
a list of sources and projects that are exempt from minor NSR and the 
need to obtain a permit, the State may indeed require a permit. In the 
July 18, 2011 submittal, the State notes that this provision is 
intended to allow for requiring a permit in cases ``where other avenues 
of compliance are ineffective.'' A minor formatting change was also 
made in the 2014 submittal. Because this provision is clarifying in 
nature, further describing how the State intends to make use of the 
exemptions paragraph, and because the provision is consistent with the 
CAA, EPA is proposing to approve the addition of paragraph II(B)(7) to 
South Carolina's SIP and the changes to that paragraph discussed above.
2. Subsection II(C)--Construction Permit Applications
    Subsection II(C), Construction Permit Applications, specifies the 
requirements for sources applying for and obtaining construction 
permits. The changes made to subsection II(C) in the submittals from 
October 1, 2007; June 17, 2013; January 20, 2016; and July 25, 2016, 
were explained and proposed for

[[Page 6959]]

approval in the NPRM published on August 17, 2017. See 82 FR 39083. No 
comments were received on these changes, and EPA is not seeking 
additional comments here.
    The April 24, 2020 submittal adds subparagraph II(C)(2)(d), which 
provides an exemption from professional engineering review for package-
type concrete batch plants that are designed to be hauled to a site, 
set up, and broken down quickly, with little to no additional equipment 
needed to manufacture product. The submittal also makes administrative 
edits to Regulation 61-62.1, subsection II(C) by placing the 
alphanumeric paragraph titles in parentheses and making minor 
restructuring edits.
    EPA has reviewed the changes made to Regulation 61-62.1, subsection 
II(C) in the April 24, 2020, submittal and found them to be consistent 
with CAA sections 110(a)(2)(C) and 110(l). Therefore, EPA is proposing 
to approve the addition of subparagraph II(C)(2)(d) to South Carolina's 
SIP.
3. Subsection II(D)--General Construction Permits
    In the October 1, 2007 submittal, subsection II(D), Exceptions, is 
moved to subsection II(K) and is discussed subsequently in this 
document. A new section, General Construction Permits, is added in its 
place. The new subsection II(D) allows the State to develop and issue 
general construction permits applicable to similar types of sources for 
new construction projects or minor modifications to existing stationary 
sources. Subsection II(D) provides for the following: (1) General 
permits shall incorporate all applicable requirements for construction 
of similar sources and identify the criteria by which sources can 
qualify for the permit; (2) sources may submit applications to the 
State that request coverage under the general permit, and the State 
shall grant coverage to sources certifying qualification for and 
agreeing to the conditions and terms of the general construction permit 
for similar sources; sources later determined not to qualify for the 
general permit are subject to enforcement; (3) approval to operate 
under a permit is a final permit action for the purposes of judicial 
review; (4) the application for coverage may deviate from the 
provisions of subsection II(C) if enough information is included to 
determine the source's qualification for, and compliance with, the 
general permit; and (5) sources qualifying for coverage under general 
construction permits are able to apply for individual construction 
permits in lieu of coverage under the general permit.
    The August 8, 2014 submittal makes minor restructuring edits to 
this section. It also adds a new paragraph (2), which states that 
general construction permits shall incorporate all requirements 
applicable to the construction of similar sources and shall identify 
criteria by which sources may qualify for coverage under a general 
construction permit. Additionally, the August 8, 2014 submittal 
restructures paragraphs (3) and (4) to move the last sentence of 
paragraph (3) to its own paragraph (4).
    The April 24, 2020 submittal, in addition to minor reformatting 
revisions, creates two subparagraphs--(3)(a) and (3)(b)--under the 
title ``Coverage under a General Construction Permit.'' Subparagraph 
(a) was the entirety of paragraph (3) in the October 1, 2007 submittal. 
Subparagraph (b) is new language, stating that a source that has 
submitted an individual construction permit application to the State 
and has not requested coverage under the conditions and terms of a 
general construction permit for similar sources--but which is 
determined to qualify for coverage under a general construction 
permit--may be granted coverage under the general construction permit 
at the sole discretion of the State.
    While general permits can be an effective method of streamlining 
permitting requirements and procedures, any general permits developed 
pursuant to a SIP-approved minor NSR program must meet the Federal 
minimum requirements. Section II(D), as added in the October 1, 2007 
submittal and modified through the April 24, 2020 submittal, does not 
require any form of public notice and comment prior to the State 
issuing a general construction permit. While EPA regulations for minor 
NSR SIPs at 40 CFR 51.160-164 do not use the term general permit or 
expressly describe general construction permits, EPA interprets the 
relevant statutory and regulatory provisions to allow State agencies to 
develop mechanisms such as South Carolina's general construction 
permits to authorize construction for new minor sources and minor 
modifications of existing sources, provided that these mechanisms 
assure that the NAAQS are achieved and meet other applicable regulatory 
requirements. The rules require ``legally enforceable procedures'' that 
meet the requirements set forth therein and do not specify that a 
program to regulate construction must require an individual 
construction permit for every source. However, the requirements in 
Federal regulations include a provision that sources (projects) that 
are subject to the minor NSR program are subject to the public notice 
procedures in 40 CFR 51.161. 40 CFR 51.161 provides that the legally 
enforceable procedures in 40 CFR 51.160 must require that the SIP 
provide for public notice of the information submitted to the State, 
the State's analysis of the effects of the construction or modification 
of the project, and the State's proposed decision. In other words, the 
universe of sources subject to minor NSR procedures pursuant to 40 CFR 
51.160, including individual permits and other permitting mechanisms 
such as general construction permits, would also be subject to public 
notice procedures in 40 CFR 51.161 prior to issuing the permit. 
Importantly, in the case of a general permit, once a general permit has 
met the public notice procedures in 40 CFR 51.161 and is issued in 
final form, approvals for coverage of individual sources under the 
general permit are not required to meet the public notice procedures in 
40 CFR 51.161 because the issuance of the general permit has already 
met the requirement. Since South Carolina's general minor construction 
permits do not follow the public notice procedures in 40 CFR 51.161 
when they are initially issued, EPA is proposing to disapprove 
subsection II(D).
4. Subsection II(E)--Synthetic Minor Construction Permits
    Subsection II(E), Synthetic Minor Construction Permits, describes 
provisions for synthetic minor construction permits for any stationary 
source requesting federally enforceable permit limits to limit a 
source's PTE so the source does not qualify as a major source (thus 
becoming a minor source ``synthetically''). The October 1, 2007 
submittal moves the current subsection II(E), Transfer of Ownership/
Operation, to subsection II(M). The Synthetic Minor Construction 
Permits Plant provisions, currently at subsection II(H), are moved in 
its place and the title is changed to ``Synthetic Minor Construction 
Permits.'' In contrast to the General Construction Permits provisions 
under subsection II(D), the State rules require an opportunity for 
public notice and comment on Synthetic Minor Construction Permits under 
subsection II(E). However, these public participation requirements now 
refer to and depend on subsection II(N), Public Participation 
Procedures, which was modified from paragraph II(G)(5) in the October 
1, 2007 submittal.\12\ For the

[[Page 6960]]

reasons explained in Section II.A.10. of this preamble, EPA is 
proposing to disapprove subsection II(N). Because EPA is proposing to 
disapprove the changes to move paragraph II(G)(5) to subsection II(N), 
the updated subsection II(E) would not have a functional cross-
reference to those public notice procedures which would therefore have 
the effect of removing the current requirements for public notice from 
the synthetic minor construction permits subsection. EPA is therefore 
proposing to disapprove the entirety of subsection II(E). Specifically, 
EPA is proposing to disapprove the renumbering of subsection II(H) to 
subsection II(E) and other changes transmitted in the October 1, 2007, 
August 8, 2014, July 27, 2016, and April 24, 2020 submittals. The 
revisions made to subsection II(E) in the submittals from October 1, 
2007, August 8, 2014, and July 27, 2016, were explained and proposed 
for approval in the NPRM published on August 17, 2017. See 82 FR 39083. 
No comments were received on revisions made to paragraphs (E)(1), 
(E)(2), (E)(3), and (E)(5), and these changes are not further explained 
here as their proposed disapproval is based solely on the lack of a 
public notice component. If EPA takes final action on subsection II(E) 
as proposed, the existing synthetic minor construction permitting 
portion of the minor NSR program at subsection II(H) in the SIP, State 
effective June 24, 2005, would continue to function. Other revisions to 
subsection II(E) which did receive comment or were submitted subsequent 
to the 2017 NPRM are explained below.
---------------------------------------------------------------------------

    \12\ The SIP-approved version of subsection II(H), Synthetic 
Minor Plant Permits, requires public participation via a cross-
reference to paragraph II(G)(5).
---------------------------------------------------------------------------

a. Subparagraphs II(E)(4)(a)-(E)(4)(d)
    Paragraph II(E)(4) was revised in the October 1, 2007 submittal 
first by being renumbered from II(H)(3) and being retitled from 
``General Permits'' to ``General Synthetic Minor Construction Permits'' 
to reflect that the specific mechanism under subsection II(E) for 
establishing general construction permits is to establish general 
synthetic minor construction permits, which also helps distinguish this 
from the types of general permits the State intends to create for true 
minor sources pursuant to new Section II(D). The April 24, 2020 
submittal makes administrative and clarifying edits throughout 
paragraph II(E)(4).
    The provision is further revised to update the cross-reference from 
paragraph II(G)(5) to subsection II(N), which prescribes the required 
public notice procedures that South Carolina will follow prior to 
establishing a general synthetic minor construction permit and is 
further explained in Section II.A.10. of this document. The 2007 
revision also adds that sources may submit an application to the State 
requesting coverage under the conditions and terms of a general 
synthetic minor construction permit for similar sources, and the State 
shall grant coverage to sources certifying qualification for and 
agreeing to the conditions and terms of the general synthetic minor 
construction permit for similar sources. Subsequently, the August 8, 
2014 submittal makes formatting changes to subparagraph (E)(4)(a) by 
breaking into four subparagraphs--(E)(4)(a) through (d)--without 
changing the wording of the rules. After the changes, subparagraphs 
(E)(4)(a)-(d) would allow the State to issue a general synthetic minor 
construction permit applicable to similar sources after providing 
notice and opportunity for public participation under subsection II(N).
    EPA has reviewed these changes made to Regulation 61-62.1, 
subparagraph II(E)(4)(a) and they appear to be consistent with CAA 
sections 110(a)(2)(C) and 110(l). However, due to the proposed 
disapproval of subsection II(N) as described below, the revised 
subsection II(E) lacks the public participation component required 
under 40 CFR 51.161. Therefore, EPA is proposing to disapprove the 
changes to South Carolina's SIP at Regulation 61-62.1, subparagraph 
II(E)(4)(a).
b. Subparagraph II(E)(4)(c)
    The April 24, 2020 submittal makes further edits to subparagraph 
II(E)(4)(c) by breaking up the subparagraph into two parts. The first 
part, II(E)(4)(c)(i), was the entirety of the subparagraph as 
reformatted in the 2014 submittal. The second part, II(E)(4)(c)(ii), 
introduces a new provision that gives South Carolina sole discretion to 
grant coverage under a general synthetic minor construction permit for 
a source that has not requested such coverage, but has submitted an 
individual synthetic minor construction permit application and the 
State has determined qualifies for a general synthetic minor 
construction permit for similar sources.
    The April 24, 2020 submittal notes that this reflects current 
permitting practices for the State and is intended to streamline the 
application process. It explains that there may be situations where a 
source has submitted a synthetic minor construction permit application 
and is unaware of the available general synthetic minor construction 
permit. In this scenario, if the proposed project qualifies for an 
issued general synthetic minor construction permit, the State would not 
require the source to submit a separate request for coverage under the 
corresponding general synthetic minor permit. The State would, on its 
own initiative, process the application as an application for coverage 
under the general synthetic minor construction permit. EPA believes 
that this flexibility reflects inherent discretion that the State has 
within its program to process applications in an efficient manner and 
is reasonable given that the source has provided enough information for 
the State to determine that the project would qualify under the general 
construction permit.
    EPA has reviewed these changes made to Regulation 61-62.1, 
subparagraph II(E)(4)(c), and they appear to be consistent with CAA 
sections 110(a)(2)(C) and 110(l). However, due to the proposed 
disapproval of subsection II(N) as described below, the revised 
subsection II(E) lacks the public participation component required 
under 40 CFR 51.161. Therefore, EPA is proposing to disapprove these 
changes to South Carolina's SIP at Regulation 61-62.1,subparagraph 
II(E)(4)(c).
c. Subparagraph II(E)(4)(e)
    The October 1, 2007 submittal rewrites and simplifies subparagraph 
(E)(4)(b), which is relettered in the August 8, 2014 submittal to 
become (E)(4)(e). The 2007 submittal provides the State authority to 
grant a source's request for authorization to operate under a general 
permit without further public notice and says that such a grant shall 
be a final permit action for purposes of judicial review. The changes 
made in the October 1, 2007 submittal also removes a redundant sentence 
that essentially re-stated this and made an additional cross-reference 
to the public notice procedures. Subsequently, the April 24, 2020 
submittal makes minor changes to subparagraph (E)(4)(e) to clarify that 
the coverage is available for ``general synthetic minor construction'' 
permits rather than ``general'' permits.
    EPA has reviewed these changes made to Regulation 61-62.1, 
subparagraph II(E)(4)(e) and they appear to be consistent with CAA 
sections 110(a)(2)(C) and 110(l). However, due to the proposed 
disapproval of Subsection II(N) as described below, the revised 
subsection II(E) lacks the public participation component required 
under 40 CFR 51.161. Therefore, EPA is proposing to disapprove the 
aforementioned changes to South Carolina's SIP at Regulation 61-62.1, 
subparagraph II(E)(4)(e).

[[Page 6961]]

d. Subparagraph II(E)(4)(g)
    The April 24, 2020 submittal adds new subparagraph (E)(4)(g), which 
states that a source that qualifies for coverage under a general 
synthetic minor construction permit may submit a construction permit 
application to the State and request an individual synthetic minor 
construction permit in lieu of coverage under a general synthetic minor 
construction permit.
    South Carolina had similar language included in subsection II(D) of 
the State effective version of Regulation 61-62.1 for general permits 
since the October 1, 2007 submittal. The State notes that an aim of its 
submittal is to improve consistency in language for general and 
registration permits. This provision acknowledges that sources can 
request that the State issue an individual synthetic minor permits in 
lieu of coverage under a corresponding general synthetic minor 
construction permit. This language states that use of a general 
synthetic minor construction permit is not required, and the State will 
consider the preference of the source.
    EPA has reviewed these changes made to Regulation 61-62.1, 
subparagraph II(E)(4)(g) and they appear to be consistent with CAA 
sections 110(a)(2)(C) and 110(l). However, due to the proposed 
disapproval of subsection II(N) as described below, the revised 
subsection II(E) lacks the public participation component required 
under 40 CFR 51.161. Therefore, EPA is proposing to disapprove the 
aforementioned changes to South Carolina's SIP at Regulation 61-62.1, 
subparagraph II(E)(4)(g).
5. Subsection II(F)--Operating Permits
    Subsection II(F), Operating Permits, describes provisions for minor 
operating permits for any true minor stationary source, meaning those 
sources smaller than the major source thresholds at Regulation 61-
62.70, Title V Operating Permit Program, and which do not need 
federally enforceable emission limits to restrict PTE to avoid title V 
major source status pursuant to subsection II(G). The October 1, 2007 
submittal adds a new subsection II(F), Operating Permits, in place of 
former subsection II(F), Exemptions, which is renumbered to subsection 
II(B). In contrast to subsection II(G), Conditional Major Operating 
Permits, subsection II(F) does not require an opportunity for public 
notice and comment on the covered minor source operating permits.\13\ 
EPA does not require States to submit minor source operating permit 
programs to the Agency for incorporation into their SIPs; however, EPA 
set forth criteria for the approvability of such programs into SIPs in 
a June 28, 1989 final rule. See 54 FR 27274. Among EPA's criteria for 
an approvable program is that the operating permits are subject to 
public participation prior to issuance, which is not the case under 
subsection II(F). See id. at 27282. EPA is therefore proposing to 
disapprove the entirety of subsection II(F). Specifically, EPA is 
proposing to disapprove the addition of subsection II(F) transmitted in 
the October 1, 2007 submittal and other changes made in the August 8, 
2014; July 27, 2016; and April 24, 2020.\14\ The revisions made to 
subsection II(F) in the submittals from October 1, 2007; August 8, 
2014; and July 27, 2016 submittals were explained and proposed for 
approval in the NPRM published on August 17, 2017. See 82 FR 39083. No 
comments were received on the addition of, and changes made to, 
subsection II(F), and these paragraphs and changes to subsection II(F) 
are not further explained here as their disapproval is based not on the 
content of the changes but on the lack of a public notice component. 
The April 24, 2020 submittal makes several subsequent changes to 
subsection II(F), as discussed below.
---------------------------------------------------------------------------

    \13\ EPA approved subsection II(G) into the SIP because, among 
other things, it provides EPA and the public with timely notice of 
the proposal and issuance of such permits; provides EPA, on a timely 
basis, with a copy of each proposed (or draft) and final permit; and 
provides for an opportunity for public comment on the permit 
applications prior to issuance of the final permit. See 60 FR 63434, 
63435 (December 11, 1995).
    \14\ Final disapproval of subsection II(F) and changes to 
subsection II(B) at subparagraph II(B)(2)(h) would leave in place a 
portion of subsection II(F), Exemptions, at subparagraph 
II(F)(2)(g), State effective June 24, 2005.
---------------------------------------------------------------------------

a. Paragraphs II(F)(2) and (F)(3)
    The April 24, 2020 submittal adds subparagraph II(F)(2) to 
distinguish a specific situation for sources awaiting the issuance of 
an operating permit from the State. Paragraph II(F)(3), as renumbered 
from II(F)(2) in this submittal, provides that the professional 
engineer in charge of the project shall certify that the construction 
completed under the corresponding construction permit has been 
completed in accordance with the construction permit and application. 
This provision allows for the source to operate under the issued 
construction permit until the State has issued the operating permit if 
the certification is provided by the engineer. If, however, the 
construction is not completed in accordance with the permit application 
and construction permit, this provision requires the owner or operator 
to submit a description of the modifications from the permit prior to 
commencing operation. The provision further requires that any 
construction variances that would trigger additional requirements that 
have not been addressed prior to commencing operation will be treated 
as construction without a permit for compliance purposes.
    The April 24, 2020 submittal also adds the phrase ``when a 
Department issued construction permit includes engineering and/or 
construction specifications'' to clarify that this provision is 
intended to function for projects with unique engineering and 
construction requirements. The new paragraph II(F)(2) covers situations 
for which construction permits do not include engineering and/or 
construction specifications for the project. Specifically, this 
subparagraph allows for these sources to operate under the issued 
construction permit until the State issues the operating permit. In 
applicable situations, there are no engineering or construction 
specifications that the professional engineer would need to certify. 
Regardless of the type of minor source construction project, these 
minor source operating permits must be applied for within 15 days of 
initial startup. This addition, therefore, is a clarification that not 
all minor source construction permits will need certification from a 
professional engineer. However, as discussed above, EPA is proposing to 
disapprove the entirety of subsection II(F) due to a lack of public 
notice procedures. Therefore, EPA is proposing to disapprove these 
changes to South Carolina's SIP at Regulation 61-62.1, paragraphs 
II(F)(2) and (F)(3).
b. Paragraph II(F)(5)
    The April 24, 2020 submittal also adds an entire section on the 
ability to develop general minor source operating permits at paragraph 
II(F)(5). However, similar to Section II(D) for general minor source 
construction permits, paragraph II(F)(5) would allow for the 
development and issuance of general true minor source operating permits 
without first going through public notice and comment. As noted above, 
States are not required to include minor source operating permit 
programs in their SIPs, and EPA has identified criteria, including 
public participation, for approving minor source operating permits into 
SIPs for those States that elect to submit a program to EPA for 
incorporation.
    EPA has evaluated the changes to subsection II(F) transmitted in 
the April 24, 2020, submittal and found them to

[[Page 6962]]

be inconsistent with EPA's criteria for approving minor source 
operating permit programs into SIPs. Therefore, EPA is proposing to 
disapprove the ability to create general minor source operating permits 
at paragraph II(F)(5).
6. Subsection II(G)--Conditional Major Operating Permits
    Subsection II(G), Conditional Major Operating Permits, describes 
provisions for synthetic minor operating permits for any stationary 
source requesting federally enforceable permit limits to limit a 
source's PTE so the source does not qualify as a major source (thus 
becoming a minor source ``synthetically''). As noted above, EPA set 
forth criteria for approval of minor source operating permits in its 
June 28, 1989 final rule. See 54 FR 27274. EPA evaluated these 
criteria, including adequate public notice procedures, and approved 
subsection II(G) for conditional major (synthetic minor) operating 
permits in its December 11, 1995 final rule. See 60 FR 63434. However, 
these public participation requirements now refer to and depend on 
subsection II(N), Public Participation Procedures, which was modified 
from paragraph II(G)(5) in the October 1, 2007 submittal.\15\ For the 
reasons explained in Section II.A.10. of this document, EPA is 
proposing to disapprove subsection II(N). Because EPA is proposing to 
disapprove the changes that include moving paragraph II(G)(5) to 
subsection II(N), the updated subsection II(G) would not have a 
functional cross-reference to applicable public notice procedures and 
would therefore have the effect of removing the current requirements 
for public notice from the conditional major operating permits 
subsection. EPA is therefore proposing to disapprove the changes to 
subsection II(G). Specifically, EPA is proposing to disapprove the 
changes transmitted in the October 1, 2007; July 18, 2011; August 8, 
2014; July 27, 2016; and April 24, 2020 submittals. The revisions made 
to subsection II(G) in the submittals from October 1, 2007; July 18, 
2011; August 8, 2014; and July 27, 2016 submittals were explained and 
proposed for approval in the NPRM published on August 17, 2017. See 82 
FR 39083. No comments were received on revisions made to subsection 
II(G), and these changes are not further explained here as their 
proposed disapproval is based solely on the lack of a public notice 
component. If EPA takes final action as proposed, the existing SIP-
approved conditional major operating permitting program at subsection 
II(G) in the SIP, State effective June 24, 2005, would continue to 
function. Other revisions to subsection II(G) which were submitted 
subsequent to the August 17, 2017 NPRM are explained below.
---------------------------------------------------------------------------

    \15\ The revision to subsection II(G) would move the public 
participation provision at II(G)(5) to II(N) and include a cross-
reference to (II)(N) within II(G).
---------------------------------------------------------------------------

a. Subparagraph II(G)(2)(d)
    The April 24, 2020 submittal removes subparagraph II(G)(2)(d), 
which was added to II(G)(2)(c) in the October 1, 2007 submittal and 
restructured to II(G)(2)(d) in the August 8, 2014 submittal.\16\ 
Subparagraph II(G)(2)(d) would allow the owner or operator to continue 
operating a source pursuant to the most recent conditional major 
operating permit after submitting a request for renewing its operating 
permit until the State acts on the permit application. The renewal 
request must meet requirements in subsection II(H). Subparagraph 
II(G)(2)(d) is removed, but a substantially similar provision allowing 
the owner or operator to continue operating a source if a timely 
renewal application for any operating permit meeting the requirements 
of subsection II(H) is introduced at subparagraph II(H)(1) in the April 
24, 2020 submittal. This is discussed further under changes to 
subsection II(H) below. For the purposes of subparagraph II(G)(2)(d), 
removing this provision from subsection II(G) and including the same 
requirement at subsection II(H) concerning operating permit renewal 
requests is reasonable because the provision merely requires any 
request for renewal of conditional major operating permits to comply 
with requirements in subsection II(H) in order for the source to 
continue operating while awaiting State action on its timely 
application. However, due to the disapproval of subsection II(N) as 
described below, subsection II(G) lacks the public participation 
component which was a basis for EPA's approval of subsection II(G) into 
the SIP. EPA is therefore proposing to disapprove this change to 
subparagraph II(G)(2)(d).
---------------------------------------------------------------------------

    \16\ Subparagraph II(G)(2)(d) has not been approved into the 
SIP.
---------------------------------------------------------------------------

b. Subparagraph II(G)(7)(c)
    The April 24, 2020, submittal breaks subparagraph (G)(7)(c) into 
two parts. Subparagraph (G)(7)(c)(i) is a reformatting of the language 
introduced in the August 8, 2014 submittal. The new provision in the 
April 24, 2020 submittal is at subparagraph (G)(7)(c)(ii). It states 
that a source that has submitted an individual permit application to 
the State and has not requested coverage under the conditions and terms 
of a general conditional major operating permit for similar sources, 
but which is determined to qualify for coverage under a general 
conditional major operating permit, may be granted coverage under the 
general conditional major operating permit at the sole discretion of 
the State.
    The April 24, 2020 submittal notes that this reflects current 
permitting practices for South Carolina and is intended to streamline 
the application process. It explains that there may be situations where 
a source has submitted an individual conditional major operating permit 
application and is unaware of the available general conditional major 
operating permit. In this scenario, if the proposed project qualifies 
for an issued general conditional major operating permit, the State 
would not require the source to submit a separate request for coverage 
under the corresponding general conditional major operating permit. The 
State would, on its own initiative, process the application as an 
application for coverage under the general conditional major operating 
permit. EPA has reviewed these changes made to Regulation 61-62.1, 
subparagraph II(G)(7)(c) and they appear to not be inconsistent with 
EPA's criteria for federally enforceable operating permits. EPA 
believes that the flexibility in the State's rule reflects inherent 
discretion that the State has within its program to process 
applications in an efficient manner and is reasonable if the source has 
provided enough information for the State to determine that the project 
would qualify under the general conditional major operating permit. 
However, due to the proposed disapproval of subsection II(N) as 
described below, subsection II(G) lacks the public participation 
component which was a basis for EPA's approval of subsection II(G) into 
the SIP. Therefore, EPA is proposing to disapprove these changes to 
South Carolina's SIP at Regulation 61-62.1, subparagraph II(G)(7)(c).
c. Subparagraph II(G)(7)(g)
    The April 24, 2020 submittal adds subparagraph (G)(7)(g), which 
states that a source that qualifies for coverage under a general 
conditional major operating permit may submit a permit application to 
the State and request an individual conditional major operating permit 
in lieu of coverage under a general conditional major operating permit. 
The State had similar language included in Section II(D) for general 
permits since the October 1, 2007 submittal. The State notes that an 
aim

[[Page 6963]]

of its submittal is to improve consistency in language for general and 
registration permits. This provision acknowledges that sources can 
request that the State issue an individual conditional major operating 
permit in lieu of coverage under a corresponding general conditional 
major operating permit. This language states that use of a general 
conditional major operating permit is not required, and that the State 
will consider the preference of the source. EPA has reviewed these 
changes made to Regulation 61-62.1, subparagraph II(G)(7)(g) and they 
appear found them to not be inconsistent with EPA's criteria for 
federally enforceable operating permits. However, due to the proposed 
disapproval of subsection II(N) as described below, subsection II(G) 
would lack the public participation component which was a basis for 
EPA's approval of subsection II(G) into the SIP. Therefore, EPA is 
proposing to disapprove the aforementioned changes to South Carolina's 
SIP at Regulation 61-62.1, subparagraph II(G)(7)(g).
7. Subsection II(H)--Operating Permit Renewal Requests
    South Carolina's October 1, 2007; July 18, 2011; June 17, 2013; 
August 8, 2014, and July 27, 2016 submittals revised subsection II(H), 
Operating Permit Renewal Requests, which specifies requirements for 
requesting renewals of operating permits for sources which are not 
subject to the State's title V program at Regulation 61-62.70. Those 
changes to former paragraph II(B)(2), recodified to subsection II(H) in 
the October 1, 2007, submittal, were reviewed and proposed for approval 
in the August 17, 2017 NPRM and are not further discussed here. See 82 
FR 39083. The April 24, 2020 submittal makes several subsequent changes 
to subsection II(G), as discussed below.
    First, subparagraph II(H)(1) is added. This subparagraph would 
allow the owner or operator to continue operating a source pursuant to 
the most recent conditional major operating permit after submitting a 
request for renewing its operating permit until South Carolina takes 
final action on the request for renewal. The renewal request must meet 
requirements in subparagraphs II(H)(2)-(5), as renumbered from (H)(1)-
(4).
    Next, subparagraph II(H)(5), formerly II(H)(4), is revised to 
include requirements that the name, mailing address, email address, and 
telephone number of both the owner or operator of the facility and the 
permit contact person for the facility be included in the renewal 
application. Finally, minor edits are made throughout subsection II(H), 
including placing the alphanumeric provision dividers in parentheses. 
The changes to subsection II(H) in the April 24, 2020 submittal are 
reasonable changes make to these renewal provisions for operating 
permits. The ability for the source to continue to operate under the 
previously issued operating permit if a timely renewal submittal has 
been made and the State has not yet acted to issue the renewal permit 
functions like the permit application shield provisions under the 
Federal title V operating permitting program for major sources at 40 
CFR part 70 and approved for South Carolina at Regulation 61-62.70. The 
remaining changes to subsection II(H) in this submittal are either 
ministerial or minor in nature, such as requiring additional 
information to be included in the renewal request compared to what is 
presently required in the SIP and what EPA also previously proposed to 
approve in this recodified subsection in the August 17, 2017 NPRM. EPA 
has reviewed these changes made to Regulation 61-62.1, subsection II(H) 
and found them to not be inconsistent with EPA's criteria for federally 
enforceable operating permits, and to be consistent with similar 
provisions for Federal provisions for major source operating permits. 
Therefore, EPA is proposing to approve the aforementioned changes to 
South Carolina's SIP at Regulation 61-62.1, subsection II(H). EPA notes 
that the effect of approving subsection II(H), Operating Permit Renewal 
Requests, as renumbered from paragraph II(B)(2), while disapproving the 
changes to existing subsection II(H), Synthetic Minor Plant Permits, 
would create a second subsection II(H) in the SIP. If both proposed 
actions are finalized, the provisions for subsection II(H), Synthetic 
Minor Plant Permits, would retain the June 24, 2005 State effective 
date, and the provisions for subsection II(H), Operating Permit Renewal 
Requests, would have a April 24, 2020 State effective date.
8. Subsection II(I)--Registration Permits
    Subsection II(I), Registration Permits, prescribes regulations by 
which South Carolina can issue registration permits that cover 
construction and operation of similar types of stationary sources. The 
October 1, 2007 submittal introduces the new subsection (I) to Section 
II. South Carolina explains that the difference between registration 
permits and general construction permits or general operating permits 
is that registration permits are permits issued for stationary sources 
that that fall within a specified industrial grouping or sector and 
have the PTE less than the threshold for major NSR or title V 
applicability (i.e., they are true minor sources).\17\ The equipment 
similarities within the grouping or sector remove the need for in depth 
site-specific review. In contrast, general construction permits 
pursuant to subsection II(D) could be for any source that meets 
criteria across sections (e.g., similar units, overall emissions 
threshold).
---------------------------------------------------------------------------

    \17\ The State references Regulation 61-62.70, Title V Operating 
Permit Program; Regulation 61-62.5, Standard No. 7, Prevention of 
Significant Deterioration; and Regulation 61-62.5, Standard No. 7.1, 
Nonattainment New Source Review, which prescribe requirements for 
major sources for the construction and operating permit programs.
---------------------------------------------------------------------------

    The July 18, 2011 submittal makes subsequent changes to subsection 
II(I) as follows: (1) Makes administrative edits; (2) adds language to 
assert that, regardless of qualification for registration permits, 
South Carolina reserves the right to require individual construction 
and operating permits, as determined on a case-by-case basis; and (3) 
changes language to clarify that registration permits shall contain any 
applicable permit conditions under subsection II(J), rather than all 
permit conditions listed in subsection II(J), as the State finds 
appropriate.
    The August 8, 2014 submittal includes other changes to paragraph 
II(I), including administrative edits throughout and adding language to 
assert that the State can reopen registration permits for cause or to 
include new standards or regulations that become applicable during the 
lifetime of the permit. The August 8, 2014 submittal also removes 
language at subparagraph (I)(1)(a) requiring the State to provide 
notice and opportunity for public participation prior to developing new 
registration permits. However, the State withdrew this change from 
EPA's consideration in a letter dated August 7, 2017. In the letter, 
the State explained that its intent in withdrawing the change was to 
require the Department to comply with the public participation 
procedures at subsection II(N) when developing registration 
permits.\18\
---------------------------------------------------------------------------

    \18\ The August 7, 2017, withdrawal letter is available in the 
docket for this NPRM.
---------------------------------------------------------------------------

    South Carolina has added subsection II(I) to the permitting program 
to allow for the creation of a subcategory of general permits called 
registration construction and/or operating permits, which would be for 
certain industry categories of qualifying true minor sources. This 
permitting mechanism is intended to streamline permitting requirements 
and procedures. Any general permits developed pursuant to a SIP-
approved minor NSR program must meet the Federal minimum requirements. 
Unlike the general minor

[[Page 6964]]

NSR permits provided for at Section II(D) of Regulation 61-62.1, 
subsection II(I) would require public notice and comment in developing 
the general construction and/or operating permits. However, these 
public participation requirements refer to and depend on subsection 
II(N), Public Participation Procedures, which was moved and modified 
from paragraph II(G)(5) in the October 1, 2007 submittal. For the 
reasons explained in Section II.A.10. of this document, EPA is 
proposing to disapprove subsection II(N). Because EPA is proposing to 
disapprove the changes to move paragraph II(G)(5) to subsection II(N), 
the new subsection II(I) would not have a functional cross-reference to 
those public notice procedures in the SIP as the State intends. EPA is 
therefore proposing to disapprove the entirety of subsection II(I). 
Specifically, EPA is proposing to disapprove the addition of subsection 
II(I) and subsequent changes transmitted in the October 1, 2007, July 
18, 2011, August 8, 2014, and April 24, 2020 submittals. The revisions 
made to subsection II(I) in the submittals from October 1, 2007; July 
18, 2011; and August 8, 2014 submittals were explained and proposed for 
approval in the NPRM published on August 17, 2017. See 82 FR 39083. 
However, EPA received adverse comments on subsection II(I). Other 
revisions to subsection II(I) which were submitted subsequent to the 
August 17, 2017 NPRM are explained below.
a. Subparagraph II(I)(2)(a)(ii)
    The April 24, 2020 submittal breaks subparagraph (I)(2)(a) into two 
parts. The first part--(I)(2)(a)(i)--revises and clarifies language 
from (I)(2)(a). The second part--(I)(2)(a)(ii)--gives the State sole 
discretion to grant coverage under a registration permit to a 
qualifying source that applied for a construction and operating permit 
under Sections II(A) and II(F) even if the source did not request 
coverage under the registration permit.
    The April 24, 2020 submittal notes that this reflects current 
permitting practices for the State and is intended to streamline the 
application process. It explains that there may be situations where a 
source has submitted a minor construction permit application and is 
unaware of the available registration minor construction permit. In 
this scenario, if the proposed project qualifies for an issued 
registration minor construction permit, the State would not require the 
source to submit the separate request for coverage under the 
corresponding registration minor permit. The State would, on its own 
initiative, process the application as an application for coverage 
under the general conditional major operating permit. EPA has reviewed 
these changes made to Regulation 61-62.1, subparagraph II(I)(2)(a)(ii) 
and they appear to be consistent with CAA sections 110(a)(2)(C) and 
110(l) and 40 CFR 51.160-164. EPA believes that this flexibility 
reflects inherent discretion that the State has within its program to 
process applications in an efficient manner and is reasonable given 
that the source has provided enough information for the State to 
determine that the project would qualify under the registration 
(general) permit. However, due to the proposed disapproval of 
subsection II(N) as described below, this provision lacks the public 
participation component required under 40 CFR 51.161. Therefore, EPA is 
proposing to disapprove these changes to South Carolina's SIP at 
Regulation 61-62.1, subparagraph II(I)(2)(a)(ii).
b. Subparagraph II(I)(2)(e)
    South Carolina's April 24, 2020 submittal adds subparagraph 
(I)(2)(e), which states that a source that qualifies for coverage under 
a registration permit may submit a permit application to the State and 
request an individual permit in lieu of coverage under a general 
registration permit.
    South Carolina had similar language in Section II(D) for general 
permits since the October 1, 2007 submittal. South Carolina notes that 
an aim of its April 24, 2020, submittal is to improve consistency in 
language for general and registration permits. This provision 
acknowledges that sources can request that the State issue an 
individual minor construction permit in lieu of coverage under a 
corresponding registration (general) minor construction permit. This 
language notes that use of a registration minor construction permit is 
not required and that the State will consider the preference of the 
source. EPA has reviewed these changes to Regulation 61-62.1, 
subparagraph II(I)(2)(e) and they appear to be consistent with CAA 
section 110. However, due to the proposed disapproval of subsection 
II(N) as described below, this provision lacks the public participation 
component required under 40 CFR 51.161. Therefore, EPA is proposing to 
disapprove the aforementioned changes to Regulation 61-62.1, 
subparagraph II(I)(I)(2)(e).
9. Subsection II(K)--Exceptions
    Regulation 61-62.1, subsection II(K) sets forth factors that the 
State will consider in determining whether to impose alternative 
emissions limits, compliance schedules, or other restrictions. The 
October 1, 2007 submittal makes non-substantive changes to this 
subsection, including moving subsection II(K), Exceptions, from 
subsection II(D) and makes minor administrative and typographical 
changes. This provision says that this subsection does not apply to 
mass emission limitations imposed by Federal New Source Performance 
Standards, Federal National Emissions Standards for Hazardous Air 
Pollutants, Federal or State PSD regulations, or any nonattainment 
requirements. Therefore, the provisions in subsection II(K) cannot be 
utilized for changing any emission limits set via those requirements. 
Subsection II(K) also requires an air quality demonstration to revise 
emission limits or visibility standards. Any alternative compliance 
schedules requested would need to provide for compliance with the 
applicable regulations as expeditiously as practicable. Finally, the 
exceptions from otherwise previously established restrictions on 
operation would be subject to public notice and opportunity for a 
public hearing. The April 24, 2020 submittal makes formatting changes 
by placing the alphanumeric provision dividers in parentheses.
    EPA has reviewed these non-substantive changes made to subsection 
II(K), Exceptions, and found them to be consistent with CAA sections 
110(a)(2)(C) and 110(l) and 40 CFR 51.160-164. This process for 
establishing alternative permit conditions, compliance schedules, or 
other restrictions on operation of a source, which is already part of 
the SIP, provides for a substantive evaluation of the impacts of making 
the changes to otherwise applicable requirements. These provisions 
effectively require substantively similar provisions to the issuance of 
a construction permit to approve the exceptions to previously 
established permit terms. Therefore, EPA is proposing to approve the 
aforementioned changes to Regulation 61-62.1, subsection II(K), into 
the SIP.
10. Subsection II(N)--Public Participation Procedures
    The October 1, 2007 submittal makes changes to the public notice 
provisions in Section II, as follows. SIP-approved subparagraph 
II(G)(5) is moved from under the subsection titled Conditional Major 
Operating Permits \19\ to a new

[[Page 6965]]

standalone subsection at II(N) titled Public Participation Procedures. 
The submittal adds the following language providing the State with 
discretion to require notice of permitting activity, even when not 
otherwise required by the State's regulations: ``When determined to be 
appropriate by the Department (or specified by regulation) notice of 
permitting activity shall be provided to the public and other entities 
for their review and comment.'' SIP-approved Section II only requires 
public notice for conditional major (operating) permits and synthetic 
minor (construction) permits. By adding this new language and moving 
the public participation procedures to a new standalone paragraph, the 
rule expands the types of permits potentially subject to public notice. 
The October 1, 2007 submittal also adds language stating that the State 
may use means other than publishing in newspapers, the State Register, 
and mailing lists to notify the public of minor source permitting.
---------------------------------------------------------------------------

    \19\ One of the revisions to subsection in the October 1, 2007, 
submittal was retitling subsection G from ``Conditional Major Source 
Permits'' to ``Conditional Major Operating Permits.''
---------------------------------------------------------------------------

    The July 18, 2011 submittal removes the phrase ``or operating'' 
from the restriction in subparagraph II(N)(5) that prevents sources 
from commencing any construction prior to completing the required 
public participation procedures because the State authorizes 
construction via a construction permit rather than a minor source 
operating permit. Sources are required by Regulation 61-62.1 
subparagraph II(F)(4)(b) to submit a postmarked written application for 
minor source operating permits within 15 days after the actual date of 
initial startup of each new or modified source.
    Next, the August 8, 2014 submittal modifies paragraph (N)(1) to add 
the Department's website as another option for notifying the public of 
permitting activity in addition to newspapers and the South Carolina 
State Register.\20\ The submittal then changes paragraph (N)(2) to 
restructure the required elements of the public notice into new 
subsections, (a) through (g). The submittal also revises language and 
adds subparagraphs (a) and (b) to paragraph (N)(3) to identify how the 
State will address and record comments, and broadens the State's 
procedures to require the State to consider all comments received at 
any public hearing rather than only those received in writing at a 
public hearing.\21\ The August 8, 2014 revision to paragraph (N)(3) 
also removes language requiring the State to provide a written response 
to all written comments received by mail and at the public hearing, 
providing that all comments received within the time specified in the 
public notice will be considered, and that the State will maintain a 
record of commenters and the comments made.
---------------------------------------------------------------------------

    \20\ In addition to the publication outlets, the SIP-approved 
regulation requires the State to notify persons who requested in 
writing to be on a mailing list, as well as others on a mailing list 
developed by the State.
    \21\ The SIP-approved regulation also requires the State to 
consider and provide a written response to all written comments 
received by mail within the time specified for the public comment 
period.
---------------------------------------------------------------------------

    Finally, the April 24, 2020 submittal revises paragraph (N)(1) to 
change the option to post on the Department's website to an option to 
post on a public website identified by the Department. The submittal 
also makes minor and ministerial changes to paragraph (N)(1), including 
to note that ``additional means of public notice'' may include public 
meetings. This submittal also changes the word ``other'' to 
``additional'' means of public notice, to clarify that the other 
methods are required, while avenues like public meetings can also be 
used on a case-by-case basis.
    The changes in the October 1, 2007 submittal to allow for other 
methods of public notice, and in the April 24, 2020 submittal to 
explicitly list a public website identified by the Department as a 
possible method of public notice, are consistent with the minor NSR 
public notice regulations at 40 CFR 51.161.\22\ The Department can 
therefore make use of a website, public hearings, and other methods in 
lieu of or in addition to publication in a newspaper. The provisions at 
subsection II(N) prescribe generally applicable public notice 
procedures, and additional public notice requirements are contained in 
the major NSR and major operating permit (title V) regulations at 
Regulation 61-62.5, Standard No. 7, Prevention of Significant 
Deterioration (PSD), 61-62.5, Standard No. 7.1, Nonattainment New 
Source Review (NSR), and 61-62.70, Title V Operating Permit Program.
---------------------------------------------------------------------------

    \22\ EPA has previously noted that the public notice requirement 
at 40 CFR 51.161(b)(3) is media neutral, and EPA modified 40 CFR 
51.161 in an October 18, 2016, final rule to specifically allow for 
electronic notice of the draft permit and other information, 
including for synthetic minor sources. See 81 FR 71613.
---------------------------------------------------------------------------

    While the changes to the public notice requirements in the October 
1, 2007 submittal applying public notice procedures to permitting 
activities beyond conditional major (operating) permits and synthetic 
minor (construction) permits at the State's discretion are an 
improvement, they do not fully satisfy the public notice procedures in 
40 CFR 51.161. The Federal regulations provide that the legally 
enforceable procedures in 40 CFR 51.160 must require that the State 
provide for opportunity for public comment on the information submitted 
to the State by owners and operators, the State's analysis of the 
effects of the construction or modification of the project, and the 
State's proposed decision. In other words, in order for the SIP to meet 
the public notice requirements in 40 CFR 51.161, all of the projects 
that South Carolina determines are subject to minor NSR procedures 
pursuant to 40 CFR 51.160(e) need to be subject to public notice 
procedures prescribed in the SIP. While the changes transmitted in the 
October 1, 2007 submittal may increase the level of public 
participation in the minor NSR program, subsection II(N) as submitted, 
and as modified further in the July 18, 2011; August 8, 2014; and April 
20, 2020 submittals, does not meet the minimum requirements in 40 CFR 
51.160 and 51.161. Accordingly, EPA is proposing to disapprove 
subsection II(N).

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, and as discussed in Section II of this 
preamble, EPA is proposing to incorporate by reference South Carolina 
Regulation 61-62.1, Section II, Permit Requirements, State effective 
April 24, 2020, except for the following: subsection II(G), which is 
incorporated by reference with a State effective version of June 24, 
2005; subsection II(B) at paragraph II(B)(2)(h); subsection II(B) at 
paragraph II(B)(3); subsection II(B) at paragraph II(B)(5); subsection 
II(B) at paragraph II(B)(6); subsection II(D); subsection II(F), except 
for the title and subparagraph II(F)(2)(g), which are incorporated by 
reference with a State effective date of June 24, 2005; and subsection 
II(I).\23\ 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).
---------------------------------------------------------------------------

    \23\ If EPA finalizes disapproval of subsection II(E), Synthetic 
Minor Construction Permits, subsection II(H), Synthetic Minor Plant 
Permits, State effective June 24, 2005, would remain in the SIP. 
Additionally, final approval of subsection II(H), Operating Permit 
Renewal Requests, State effective April 24, 2020, would result in 
two subsections II(H) within into the SIP.

---------------------------------------------------------------------------

[[Page 6966]]

IV. Proposed Action

    EPA is proposing to approve the portions of the SIP revisions 
consisting of the following changes: parenthesizing of the lettering 
and numbering of the titles of the sections and spelling out certain 
words instead of using numerical notation in Regulation 61-62.1, 
Section II, Permit Requirements, in the April 24, 2020, submittal; the 
aforementioned changes to Regulation 61-62.1, subsection II(B), except 
for subparagraph II(B)(2)(h), and paragraphs II(B)(3), II(B)(5), or 
II(B)(6); the changes to subsection II(C); the addition of and changes 
to subsection II(H), and the restructuring of and changes to subsection 
II(K). EPA is proposing to approve the aforementioned changes to the 
SIP for the reasons discussed in Section II of this document.
    For the aforementioned reasons, EPA is also proposing to disapprove 
the portions of the South Carolina SIP revisions consisting of changes 
to: Regulation 61-62.1, subsection II(B) at paragraph (2)(h); 
paragraphs II(B)(3), II(B)(5), and II(B)(6); the addition of and 
changes to subsection II(D); the restructuring of and changes to 
subsection II(E); \24\ the addition of and changes to subsection II(F); 
\25\ the addition of and changes to subsection II(I); and the 
restructuring of and changes to subsection II(N).
---------------------------------------------------------------------------

    \24\ See footnote 21.
    \25\ Final disapproval of subsection II(F) and subparagraph 
II(B)(2)(h) would leave subparagraph II(F)(2)(g), State effective 
June 24, 2005, in the SIP.
---------------------------------------------------------------------------

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 review State choices, and 
approve those choices if they meet the minimum criteria of the Act. 
Accordingly, this proposed approval proposes to partially approve and 
partially disapprove a SIP submission as meeting or not meeting Federal 
requirements, respectively, and does not impose additional requirements 
beyond those imposed by State law.
    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This proposed action is not a significant regulatory action as 
defined in Executive Order 12866, as amended by Executive Order 14094, 
and was therefore not subject to a requirement for Executive Order 
12866 review.

B. Paperwork Reduction Act (PRA)

    This proposed action does not impose an information collection 
burden under the PRA because it does not contain any information 
collection activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this proposed action will not have a significant 
economic impact on a substantial number of small entities under the 
RFA. This proposed action will not impose any requirements on small 
entities because it merely partially approves and partially disapproves 
a SIP submission as meeting or not meeting Federal requirements, 
respectively.

D. Unfunded Mandates Reform Act (UMRA)

    This proposed action does not contain an unfunded mandate as 
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or 
uniquely affect small governments. The proposed action imposes no 
enforceable duty on any State, local or Tribal governments or the 
private sector.

E. Executive Order 13132: Federalism

    This proposed action does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments

    Because this proposed action merely partially approves and 
partially disapproves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law, this proposed action for the State of South Carolina does not have 
Tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000). Therefore, this action will not impose substantial 
direct costs on Tribal governments or preempt Tribal law. The Catawba 
Indian Nation (CIN) 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 (Settlement Act), ``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.'' The CIN also 
retains authority to impose regulations applying higher environmental 
standards to the Reservation than those imposed by State law or local 
governing bodies, in accordance with the Settlement Act.

G. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe may disproportionately affect children, 
per the definition of ``covered regulatory action'' in section 2-202 of 
the Executive Order. Therefore, this proposed action is not subject to 
Executive Order 13045 because it merely proposed to partially approve 
and partially disapprove a SIP submission as meeting or not meeting 
Federal requirements, respectively. Furthermore, EPA's Policy on 
Children's Health does not apply to this action.

H. Executive Order 13211: Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use

    This proposed action is not subject to Executive Order 13211 
because it is not a significant regulatory action under Executive Order 
12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This proposed rulemaking does not involve technical standards.

J. Executive Order 12898 and Executive Order 14096: Federal Actions to 
Address Environmental Justice in Minority Populations and Low-Income 
Populations and Revitalizing Our Nation's Commitment to Environmental 
Justice for All

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority
    Populations and Low-Income Populations, 59 FR 7629, February 16, 
1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with EJ concerns to the 
greatest extent

[[Page 6967]]

practicable and permitted by law. Executive Order 14096 (Revitalizing 
Our Nation's Commitment to Environmental Justice for All, 88 FR 25251, 
April 26, 2023) builds on and supplements E.O. 12898 and defines EJ as 
among other things, the just treatment and meaningful involvement of 
all people regardless of income, race, color, national origin, or 
Tribal affiliation, or disability in agency decision-making and other 
Federal activities that affect human health and the environment.
    South Carolina did not evaluate EJ considerations as part of its 
SIP submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this proposed action. Due to the 
nature of the proposed action being taken here, this proposed action is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898/14096 of achieving EJ for communities with EJ 
concerns.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation byreference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 6, 2025.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2025-00438 Filed 1-17-25; 8:45 am]
BILLING CODE 6560-50-P
```