Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules 39083 

1EPA’s regulations governing the implementation 

of NSR permitting programs are contained in 40 

CFR 51.160–.166; 52.21, .24; and part 51, Appendix 

S. The CAA NSR program is composed of three 

separate programs: prevention of significant 

deterioration (PSD), nonattainment new source 

review (NNSR), and Minor NSR. PSD is established 

in part C of title I of the CAA and applies to major 

stationary sources in areas that meet the national 

ambient air quality standards (NAAQS)— 

‘‘attainment areas’’—as well as areas where there is 

insufficient information to determine if the area 

meets the NAAQS—‘‘unclassifiable areas.’’ The 

NNSR program is established in part D of title I of 

the CAA and applies to major stationary sources in 

areas that are not in attainment of the NAAQS— 

‘‘nonattainment areas.’’ The Minor NSR program 

applies to stationary sources that do not require 

PSD or NNSR permits. Together, these programs are 

referred to as the NSR programs. 

2 In this action, EPA is not proposing to approve 

or disapprove revisions to any existing emission 

limitations that apply during start up, shut down 

and malfunction events. 

Dated: August 4, 2017. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2017–17222 Filed 8–16–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0359; FRL–9966–48– 

Region 4] 

Air Plan Approval; South Carolina: 

Minor Source Permit Program 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

changes to South Carolina’s State 

Implementation Plan (SIP) to revise 

minor new source review (NSR) 

regulations. EPA is proposing to 

approve portions of SIP revisions 

modifying these regulations 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, and July 27, 

2016. This action is being proposed 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: Comments must be received on 

or before September 18, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2017–0359 at http://

www.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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: D. 

Brad Akers, Air Regulatory Management 

Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. Akers 

can be reached via telephone at (404) 

562–9089 or via electronic mail at 

akers.brad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing? 

On October 1, 2007, July 18, 2011, 

June 17, 2013, August 8, 2014, January 

20, 2016, and July 27, 2016, SC DHEC 

submitted SIP revisions to EPA for 

approval that involve changes to South 

Carolina’s minor source permitting 

regulations to clarify and streamline the 

State’s federally-approved 

preconstruction and operating 

permitting program. This program 

requires minor stationary sources 

planning to construct or modify sources 

of air pollutants 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.) at Regulation 61–62.1, 

Section II—‘‘Permit Requirements.’’ The 

portion of the SIP-approved permitting 

program covering construction permits 

is generally referred to as the minor 

source permitting program or the minor 

NSR program to distinguish it from 

additional permitting requirements for 

major sources of air pollutants.1 The 

portion of the SIP-approved permitting 

program covering minor source 

operating permits is referred to as the 

federally enforceable state operating 

permit (FESOP) program. The changes 

made in these submittals clarify the 

applicability, streamline the permitting 

process, provide more options for the 

minor source permitting program, and 

generally reduce the overall burden on 

the state permitting program and the 

regulated community. The changes 

addressed in this proposed rulemaking 

also correct typographical errors, make 

internal references consistent, and 

recodify sections of the existing rules. In 

this action, EPA is proposing to approve 

certain portions of these SIP 

submissions that make changes to South 

Carolina’s minor NSR regulations and 

FESOP requirements. 

EPA is not acting on a portion of the 

revisions to Regulation 61–62.1, Section 

II—‘‘Permit Requirements.’’ 

Specifically, EPA is not acting on the 

renumbering and minor administrative 

language changes to paragraph G.6.— 

‘‘Emergency Provisions,’’ in the October 

1, 2007, submittal, nor the minor 

additional language changes to this 

portion of the minor source permitting 

regulations included in the August 8, 

2014, submittal.2

At this time, EPA is not acting on the 

following changes included in the 

October 1, 2007, submittal: Regulation 

61–62.5, Standard No. 4—‘‘Emissions 

from Process Industries’’; and 

Regulation 61–62.5, Standard No. 5.2— 

‘‘Control of Oxides of Nitrogen (NOX).’’ 

EPA is also not acting on changes in 

the July 18, 2011, submittal to the 

following regulations in South 

Carolina’s SIP: Regulation 61–62.1, 

Section I—‘‘Definitions’’; Regulation 

61–62.3—‘‘Air Pollution Episodes’’; 

Regulation 61–62.5, Standard No. 1— 

‘‘Emissions from Fuel Burning 

Operations’’; Regulation 61–62.5, 

Standard No. 4—‘‘Emissions from 

Process Industries’’; Regulation 61–62.5, 

Standard No. 6—‘‘Alternative Emission 

Limitation Options (Bubble)’’; 

Regulation 61–62.5, Standard No. 7— 

‘‘Prevention of Significant 

Deterioration’’; and Regulation 61–62.5, 

Standard No. 7.1—‘‘Nonattainment New 

Source Review.’’ EPA approved the 

changes to Regulation 61–62.5, Standard 

No. 2—‘‘Ambient Air Quality 

Standards,’’ included in the July 18, 

2011, submittal, on April 3, 2013 (78 FR 

19994). 

EPA is not acting on the changes 

included in the June 17, 2013, submittal 

to the following regulations: Regulation 

61–62.1, Section I—‘‘Definitions’’; 

Regulation 61–62.1, Section IV— 

‘‘Source Tests’’; Regulation 61–62.3— 

‘‘Air Pollution Episodes’’; Regulation 

61–62.5, Standard No. 4—‘‘Emissions 

from Process Industries’’; and 


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Regulation 61–62.5, Standard No. 5— 

‘‘Volatile Organic Compounds.’’ 

Additionally, EPA is not acting on the 

changes included in the August 8, 2014, 

submittal to the following regulations: 

Regulation 61–62.1, Section I— 

‘‘Definitions’’; Regulation 61–62.1, 

Section IV—‘‘Source Tests’’; Regulation 

61–62.1, Section V—‘‘Credible 

Evidence’’; Regulation 61–62.5, 

Standard No. 1—‘‘Emissions from Fuel 

Burning Equipment’’; and Regulation 

61–62.5, Standard No. 4—‘‘Emissions 

from Process Industries.’’ EPA approved 

the changes to Regulation 61–62.1, 

Section III—‘‘Emissions Inventory and 

Emissions Statement,’’ included in the 

August 8, 2014, submittal, on June 12, 

2015 (80 FR 33413) and May 31, 2017 

(82 FR 24851). 

EPA is also not acting on the changes 

included in the January 20, 2016, 

submittal to the following regulations: 

Regulation 61–62.5, Standard No. 5— 

‘‘Volatile Organic Compounds’’; 

Regulation 61–62.5, Standard No. 7.1— 

‘‘Nonattainment New Source Review’’; 

and Regulation 61–62.6—‘‘Control of 

Fugitive Particulate Matter.’’ 

Finally, EPA is not acting on the 

changes included in the July 27, 2016, 

submittal to the following regulations: 

Regulation 61–62.1, Section I— 

‘‘Definitions’’; Regulation 61–62.5, 

Standard No. 4—‘‘Emissions from 

Process Industries’’; and Regulation 61– 

62.5, Standard No. 5.2—‘‘Control of 

Oxides of Nitrogen (NOX).’’ EPA will 

address these remaining changes to the 

South Carolina SIP in separate actions. 

II. Analysis of State’s Submittal 

A. Overview of Changes to Section II— 

‘‘Permit Requirements’’ 

South Carolina has a SIP-approved 

minor source permitting program at 

Regulation 61–62.1, Section II—‘‘Permit 

Requirements.’’ These regulations 

include requirements for obtaining 

preconstruction and operating permits 

for different types of minor sources. The 

program covers ‘‘true minor’’ sources, 

which have the potential to emit (PTE) 

of certain pollutants below major 

sources thresholds for new sources and 

modifications. The SIP-approved minor 

source permitting program also includes 

provisions for issuing permits that 

establish federally enforceable emission 

limits to restrict the PTE of certain 

pollutants below major source and 

major modification applicability 

thresholds: ‘‘synthetic minor’’ permits 

establish these 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 NSR 

and FESOP rules in the October 1, 2007, 

submittal to clarify and streamline 

requirements for obtaining minor source 

construction and operating permits. The 

July 18, 2011, June 17, 2013, August 8, 

2014, January 20, 2016, and July 27, 

2017, submittals make other clarifying 

and administrative 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 preliminarily finds 

them to be consistent with CAA sections 

110(a)(2)(C) and 110(l), EPA’s minor 

NSR regulations found at 40 CFR 

51.160—164, and the criteria applicable 

to an approvable State FESOP program. 

B. Analysis of Changes to Each Section 

1. Section II.A.—‘‘Construction Permits’’ 

Regulation 61–62.1, Section II.A— 

‘‘Construction Permits’’ specifies 

applicability and certain requirements 

for obtaining permits for sources seeking 

to construct or modify emissions units. 

The October 1, 2007, submittal makes 

several changes to paragraph A. as 

follows: (1) Adds allowed 

preconstruction activities at 

subparagraph A.1.d. for true minor 

sources (i.e., minor sources that are not 

synthetic minor sources); (2) adds the 

requirement that written notification be 

provided to the Department marking the 

commencement of construction and 

initial startup; (3) adds language 

requiring compliance with all terms, 

limits, and conditions of Departmentissued construction permits; (4) adds 

time constraints for the validity of 

issued construction permits; and (5) 

removes the descriptions of permit 

application requirements from former 

paragraph A.2. to create a standalone 

subsection C. for construction permits, 

and to detail more specific requirements 

for other types of permits in other 

paragraphs. 

The July 18, 2011, submittal makes 

subsequent clarifying and 

administrative changes to Section II.A., 

consolidating former subparagraph 

A.1.a. and paragraph A.5. into an 

introductory paragraph applicable to the 

entirety of Regulation 61–62.1, Section 

II. The submittal also makes other 

renumbering and administrative edits to 

the remaining subparagraphs. 

The language moved to an 

introductory paragraph for Section II 

states: (1) The regulation will not 

supersede any state or federal 

requirements nor special permit 

conditions unless it imposes a more 

restrictive limit; (2) sources must 

comply with all terms, conditions, and 

limitations of any permit issued by SC 

DHEC for sources or activities at its 

facility; and (3) a source’s permit status 

may change if new regulatory 

requirements become applicable. The 

effect of moving this language from 

subsection A. is to clarify that it is 

applicable to all of Section II—meaning 

it applies to any types of permits issued 

by the SC DHEC rather than only 

construction permits. 

The August 8, 2014, submittal further 

modifies Section II.A. by making 

administrative edits and adding 

additional allowed preconstruction 

activities for true minor sources at 

subparagraph A.1.c, originally added in 

the October 1, 2007, submittal as 

subparagraph A.1.d. 

The revision to subparagraph A.1.c.— 

added to the Regulation as A.1.d. in the 

October 1, 2007, submittal, renumbered 

in the July 18, 2011, submittal, and 

updated in the August 8, 2014, 

submittal—allows certain 

preconstruction activities prior to 

obtaining a final construction permit, 

provided that specific conditions are 

met. EPA has preliminarily determined 

that the preconstruction activities 

provision is consistent with the 

requirements of CAA sections 

110(a)(2)(C) and 110(l), and federal 

regulations at 40 CFR 51.160—51.164. 

Section 110(a)(2)(C) of the CAA 

requires that state SIPs include a 

program for regulating the construction 

and modification of stationary sources 

as necessary to ensure that the NAAQS 

are maintained. Federal regulations at 

40 CFR 51.160(b) require states to have 

legally enforceable procedures to 

prevent construction or modification of 

a source if it would violate any SIP 

control strategies or interfere with 

attainment or maintenance of the 

NAAQS. Federal regulations limit the 

types of allowed preconstruction 

activities for new and modified major 

sources at 40 CFR 51.165(a)(1)(xv), 

51.166(b)(11), and 52.21(b)(11) and, as 

discussed below, South Carolina has 

adopted these provisions into its SIP. 

But federal regulations do not impose a 

corresponding limitation on 

preconstruction activities for minor 

sources. SC DHEC provided additional 

clarification of its allowed minor source 

preconstruction activities in a December 

30, 2016, letter, which is included in the 

Docket for this proposed action. In this 

letter, SC DHEC first explains that 

‘‘[a]llowed preconstruction activities are 

extremely limited in nature and do not 

include construction of that actual 

process unit itself.’’ The State also 

points to a requirement under Section 

II.C.3.n. that sources applying for 


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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules 39085 

3This memorandum is also included in the 

Docket for this proposed action. 

construction permits demonstrate 

emissions will not interfere with 

attainment or maintenance of the 

NAAQS. This requirement corresponds 

to Section II.A.2. of the Regulation, 

which states that permits will not be 

issued if emissions interfere with any 

state or federal standard. 

SC DHEC also points to its 

memorandum regarding allowed 

preconstruction activities for major 

sources prior to obtaining PSD permits.3

SC DHEC notes that its minor source 

preconstruction activities provisions 

mirror the federal limits on major source 

preconstruction activities, with the 

exception of one additional activity: 

Allowing a facility to pour concrete 

foundation prior to obtaining a 

construction permit. This activity is 

only prohibited for major sources or 

major modifications prior to obtaining a 

permit in accordance with the definition 

of ‘‘begin actual construction’’ in the 

federal PSD regulations at 40 CFR 

51.166(b)(11) and 52.21(b)(11), and the 

NNSR regulations at 51.165(a)(1)(xv). As 

SC DHEC explains in its clarifying 

letter, Section II.A.1.c.—which specifies 

which sources may engage in 

preconstruction activities—explicitly 

excludes ‘‘sources not requesting to use 

federally enforceable construction 

permit conditions to limit potential to 

emit, sources not subject to regulations 

with more stringent start of construction 

limitations, or sources not otherwise 

exempt from permit requirements.’’ In 

other words, the regulation excludes, 

among other sources, major sources 

subject to PSD regulations or CAA 

section 112 requirements for hazardous 

air pollutants (i.e., major sources and 

modifications). 

In its December 30, 2016 letter, SC 

DHEC references Section II.A.1.d., 

which clearly states that the owners or 

operators of any sources that would not 

qualify for the issuance of a 

construction permit assume the 

financial risk of commencing the 

preconstruction activities listed in 

Section II.A.1.c. SC DHEC also notes 

that a source could be subject to an 

enforcement action under Section II.F.2. 

and Section II.J.1.e.—or subject to 

permit revocation under Section 

II.J.1.b—if the source either did not 

comply with the regulations during 

construction or would not have 

qualified for the preconstruction 

activities undertaken. 

Because SC DHEC does not allow for 

the construction of process units, there 

are no increased emissions associated 

with any of the preconstruction 

activities allowed at Section II.A.1.c.i.– 

xvii. The gatekeeping applicability 

language at Section II.A.1.c. and major 

NSR applicability provisions at 

Regulation 61–62.5, Standard No. 7(a)(2) 

and Standard No. 7.1(a)(1), provide that 

no major sources or modifications may 

engage in the preconstruction activities 

allowed under Section II.A.1.c.i.–xvii. 

Additionally, SC DHEC does not allow 

synthetic minor sources to conduct the 

preconstruction activities. Finally, SC 

DHEC has legally enforceable 

procedures to prevent construction or 

modification of a source if it would 

violate SIP control strategies or interfere 

with attainment or maintenance of the 

NAAQS, as required by 40 CFR 

51.160(b). 

The changes to South Carolina’s 

minor NSR program are not inconsistent 

with the requirements of the CAA and 

EPA’s regulations, and are therefore 

approvable as part of the SIP. EPA is 

therefore proposing to approve the 

aforementioned changes to subsection 

A. and the introductory portion of 

Section II pursuant to the CAA and 40 

CFR 51.160–164. 

2. Section II.B.—‘‘Exemptions From the 

Requirement To Obtain a Construction 

Permit’’ 

Regulation 61–62.1, Section II.B.— 

‘‘Exemptions from the Requirement to 

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. as follows: (1) 

Renumbers existing Section II.F. to 

Section II.B. and modifies the title to 

clarify that the paragraph applies only 

to construction permits; (2) adds 

language specifying that future source 

modifications or new regulatory 

requirements may trigger the need to 

obtain a permit for exempted facilities; 

(3) clarifies that the exemption for 

boilers and space heaters applies to 

those firing virgin solid and liquid fuels; 

(4) adds an exemption for boilers and 

space heaters firing only virgin gas fuels 

rated 10 million British thermal units 

per hour or less; (5) modifies the 

number of hours for testing and 

maintenance for exempted emergency 

generators; (6) modifies subparagraph 

B.2.h. to exempt additional sources with 

emissions less than the threshold of 1 

pound per hour (lb/hr) PTE of sulfur 

dioxide, nitrogen oxides, and carbon 

monoxide; (7) adds the requirement for 

SC DHEC to periodically publish a list 

of sources exempted from the 

construction permit requirement under 

subparagraphs B.2.a.–g.—and any other 

sources determined to qualify for permit 

exemptions based on subparagraph 

B.2.h.—in the South Carolina State 

Register; (8) adds procedures for sources 

requesting exemption from obtaining a 

construction permit under paragraph 

B.2. or paragraph B.4.; (9) adds 

paragraph B.6. to provide that 

exemptions under Section II.B. do not 

relieve the owner or operator of any 

source from any obligation to comply 

with any other applicable requirements; 

and (10) makes other administrative 

changes and adds references throughout 

subsection B. 

The July 18, 2011, submittal makes 

subsequent revisions to clarify 

requirements and qualifications at 

Section II.B., as follows: (1) Adds 

language to subparagraph B.2.h. to 

require that emissions calculations or 

other information necessary to 

demonstrate a source qualifies for the 

exemption must be kept on site and 

provided to SC DHEC upon request; (2) 

revises language in paragraph B.3. to 

clarify that source types which are 

added to the list of exempted sources 

will be determined not to interfere with 

attainment or maintenance of any state 

or federal standard; (3) adds language 

stating that SC DHEC reserves the right 

to require a construction permit on a 

case-by-case basis, and that case-by-case 

determinations will consider, but not be 

limited to, ‘‘the nature and amount of 

the pollutants, location, proximity to 

residences and commercial 

establishments, etc.’’; and (4) makes 

administrative edits to existing 

language. 

Finally, the August 8, 2014, submittal 

makes additional changes to paragraph 

II.B., including: (1) Administrative edits 

to the title of the paragraph and to 

references and subparagraphs 

throughout; (2) revises the PTE criteria 

in subparagraph B.2.h. to a 5 ton per 

year (tpy) threshold rather than 1 lb/hr, 

and adds language to state that sources 

with higher PTE may be exempted 

under this subparagraph if they 

demonstrate that they are not subject to 

any applicable state or federal limits or 

requirements; (3) amends paragraph B.3. 

to include language asserting that SC 

DHEC may develop emission thresholds 

for exemption that are determined will 

not interfere with attainment or 

maintenance of state or federal 

standards to include in the list 

maintained pursuant to this paragraph, 

and that SC DHEC could be petitioned 

to consider adding additional sources to 

this list; and (4) adds paragraph B.5. 

stating that sources of volatile organic 

compounds (VOCs) with a PTE greater 

than the emission threshold listed in 

subparagraph B.2.h. may be exempted 

from the requirement to obtain a 


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39086 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules 

4Seitz, 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 (September 6, 1995). 

5The latest compiled list of exempted sources 

was updated as of December 2016: http://

www.scdhec.gov/Environment/docs/New

Exemptions.pdf. 

construction permit on a case-by-case 

basis, and that exempt sources may later 

be required to be included in 

construction or operating permits. 

Section 110(a)(2)(C) of the CAA 

requires that SIPs include a program for 

regulating 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 states 

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. SC 

DHEC has determined that specific 

sources listed at paragraphs B.1. and 

B.2. do not require permits because their 

size is not such that they are expected 

to interfere with attainment or 

maintenance of state or federal 

standards, including reasonable further 

progress. 

SC DHEC’s December 30, 2016, letter 

provides additional clarification for 

certain changes made to Section II.B. 

Subparagraph B.2.f. extends the testing 

and maintenance operation threshold 

for exempting emergency generators 

from 250 hours to 500 hours per year. 

SC DHEC considered CAA section 

110(l), and asserts that the state expects 

no increase in actual emissions as a 

result of raising this exemption 

threshold. SC DHEC explains that the 

500 hours per year threshold is 

commonly used to determine the PTE 

for title V and other major source 

applicability determinations, consistent 

with an EPA guidance memorandum.4

These sources are still restricted to 

emergency conditions, meaning that 

other types of non-emergency 

activities—such as peak shaving— 

would not qualify for the exemption 

under paragraph II.B. Additionally, SC 

DHEC 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 

to restrict non-emergency use of these 

sources to 100 hours per year. 

Therefore, this change to subparagraph 

B.2.f. will not result in any real increase 

in emissions and therefore will not 

affect the state’s ability to attain or 

maintain state or federal standards 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). 

SC DHEC in its letter also addresses 

changes made to subparagraph II.B.h. 

potentially allowing certain sources 

with PTE exceeding the thresholds of 

this subparagraph to be exempt from the 

requirement to obtain a construction 

permit. SC DHEC asserts that this 

provision is primarily intended to apply 

to sources with PTE only slightly above 

the thresholds in subparagraph II.B.h. 

SC DHEC notes the safeguards built into 

the language that sources subject to any 

applicable requirements are not exempt 

from obtaining construction permits. 

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 source thresholds; and 

any other special considerations. SC 

DHEC determines the applicability of 

construction permits for these sources 

under close scrutiny on a case-by-case 

basis. This process in determining 

which types and sizes of sources need 

to undergo preconstruction review and 

permitting, afforded the State pursuant 

40 CFR 51.160(e), is sufficient to protect 

the NAAQS and prevent interference 

with reasonable further progress, 

consistent with CAA sections 

110(a)(2)(C) and 110(l). 

SC DHEC’s change to paragraph II.B.3. 

notes that SC DHEC may develop 

emission thresholds for exemptions that 

are not determined not to interfere with 

attainment or maintenance or any state 

or federal standard. EPA understands 

this language to reflect SC DHEC’s 

flexibility for determining which types 

and sizes of sources need to undergo 

preconstruction review and permitting 

pursuant 40 CFR 51.160(e), and 

understands that these thresholds 

would need to be in the SIP, similar to 

Subparagraph II.B.h. The compiled list 

is available on SC DHEC’s Web site.5

EPA preliminarily agrees that SC DHEC 

clearly lays out the types and sizes of 

sources of interest for preconstruction 

review, and also the reasonable process 

by which case-by-case determinations 

are made to exempt sources with 

emissions above the thresholds in 

subparagraph B.2.h., but less than any 

thresholds for other applicable 

requirements like major NSR. EPA also 

preliminarily agrees that this portion of 

South Carolina’s minor NSR program 

does not interfere with attainment or 

maintenance of the NAAQS, reasonable 

further progress, or other applicable 

CAA requirements. Therefore, we are 

proposing to approve changes to the SIP 

made to Section II.B. pursuant to CAA 

sections 110(a)(2)(C) and 110(l), as well 

as 40 CFR 51.160–164. 

3. Section II.C.—‘‘Construction Permit 

Applications’’ 

Regulation 61–62.1, Section II.C— 

‘‘Construction Permit Applications,’’ 

specifies the requirements for sources 

applying for and obtaining construction 

permits. The October 1, 2007, submittal 

makes several changes to subsection C. 

as follows: (1) Renumbers former 

paragraph A.2. to standalone subsection 

C and changes the title to specify that 

the requirements apply to construction 

permit applications; (2) makes 

administrative edits, including 

renumbering; (3) adds paragraph C.3. to 

reference SC DHEC forms which were 

created to ease the permit application 

process; and (4) renumbers former 

subparagraphs B.2.a.–g. to C.3.a.–p., 

reformatting and clarifying what 

information may be required in addition 

to the SC DHEC forms, including more 

specific process, chemical, and 

emissions information used to 

determine PTE, an air quality analysis 

demonstrating protection of the 

NAAQS, and a regulatory applicability 

determination. 

The July 18, 2011, submittal further 

modifies Section II.C. at subparagraphs 

C.3.c.–d. to make administrative edits. 

South Carolina’s August 8, 2014, 

submittal makes additional 

administrative and clarifying edits. The 

January 20, 2016, submittal also makes 

minor administrative edits. Finally, the 

July 27, 2016, submittal makes one 

change to subparagraph C.2.m. to clarify 

that scale drawings of the facility must 

include buildings that might affect 

dispersion of emissions. 

EPA has reviewed the changes made 

to the construction permit application 

requirements and is proposing to 

approve them into the SIP, pursuant to 

CAA sections 110(a)(2)(C) and 110(l). 

4. Section II.D.—‘‘General Construction 

Permits’’ 

Regulation 61–62.1, Section II.D.— 

‘‘General Construction Permits’’ 

provides regulations by which SC DHEC 

can issue general construction permits 

for similar sources. South Carolina’s 

October 1, 2007, submittal adds these 

provisions to the minor NSR program 

for construction permits to facilitate the 

permitting process for similar sources 


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qualifying for and applying for coverage 

under permits with general terms and 

conditions. The purpose of this general 

permitting minor NSR program is to 

protect the NAAQS while simplifying 

the permitting process for similar 

sources. The general construction 

permits paragraph provides for the 

following: (1) General permits will 

incorporate all applicable requirements 

for construction of similar sources and 

identify the criteria by which sources 

can qualify for the permit; (2) sources 

can submit construction permit 

applications to SC DHEC that include 

requests for coverage under the general 

permit, and 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 permit application can 

deviate from the provisions of Section 

II.C. if enough information is included 

to determine the source’s qualification 

for the general permit; and (5) sources 

qualifying for general permits are able to 

apply for individual construction 

permits in lieu of coverage under the 

general permit. 

The August 8, 2014, submittal makes 

administrative and clarifying edits to 

subsection II.D. throughout. EPA has 

reviewed the changes made to the minor 

NSR permitting program and is 

proposing to approve them into the SIP, 

pursuant to CAA sections 110(a)(2)(C) 

and 110(l). 

6. Section II.E.—‘‘Synthetic Minor 

Construction Permits’’ 

Regulation 61–62.1, Section II.E.— 

‘‘Synthetic Minor Construction Permits’’ 

specifies requirements for obtaining 

construction permits with federally 

enforceable emissions limits to restrict 

PTE for sources. South Carolina’s 

October 1, 2007, submittal revises the 

paragraph for synthetic minor sources as 

follows: (1) Renumbers subsection II.H. 

to subsection II.E.; (2) makes 

administrative and clarifying 

amendments to the title and throughout 

the paragraph to clearly indicate that 

this paragraph pertains to construction 

permits and to update references; (3) 

removes former subparagraphs II.2.c.–f. 

as these requirements are now 

redundant and covered by other 

portions of subsection E. or Section II; 

(4) adds paragraph E.3. to list required 

synthetic minor permit conditions; (5) 

adds administrative language to make 

applications for general synthetic minor 

construction permits consistent with 

other construction permit applications; 

and (6) adds paragraph E.5. to list 

additional requirements for synthetic 

minor construction permit applications 

relative to other minor construction 

permit applications. 

The August 8, 2014, submittal makes 

changes to subsection II.E. to update 

administrative language and references 

throughout the paragraph. The July 27, 

2016, submittal also makes 

administrative edits to subparagraph 

E.2.b. EPA has reviewed the changes 

made to the requirements covering 

synthetic minor construction permits 

and is proposing to approve them into 

the SIP, pursuant to CAA sections 

110(a)(2)(C) and 110(l), and 40 CFR 

51.160–164. 

7. Section II.F.—‘‘Operating Permits’’ 

Regulation 61–62.1, Section II.F.— 

‘‘Operating Permits’’ specifies 

requirements for obtaining minor source 

operating permits. South Carolina’s 

October 1, 2007, submittal makes 

several changes to subsection II.F. to 

clarify and add requirements, including: 

(1) Renumbering subsection II.B. to II.F.; 

(2) adding paragraph F.1. to require 

sources to record the actual date of 

initial startup and submit it to SC 

DHEC; (3) adding paragraph F.2. to 

require certification that construction 

was completed in accordance with the 

specifications of the construction 

permit, to require any variances from 

the construction permit to be addressed, 

and to assert that construction variances 

which would trigger new requirements 

will be considered construction without 

a permit; (4) adding language to clarify 

that title V sources may comply with the 

Section II.F operating permit 

requirements by submitting a permit 

modification request under 61– 

62.70.7(e) ; (5) adding language to 

clarify that the existing requirement to 

provide a written request to SC DHEC 

for a new or revised operating permit 

applies to minor sources and those 

major sources not yet covered by a title 

V permit; (6) adding subparagraph F.3.c. 

to specify that the written request for a 

new or revised operating permit must 

include a list of sources put into 

operation and the actual initial startup 

dates for those sources; (7) making other 

administrative edits throughout the 

paragraph; and (8) moving paragraph 

B.2. regarding permit renewals to a 

standalone subsection II.H. 

The August 8, 2014 and July 27, 2016, 

submittals make administrative changes 

to Section II.F.—‘‘Operating Permits.’’ 

EPA has reviewed the changes made to 

the existing SIP requirements for 

applying for an operating permit and is 

proposing to approve them into the SIP, 

pursuant to CAA sections 110(a)(2)(C) 

and 110(l). 

38. Section II.G.—‘‘Conditional Major 

Operating Permits’’ 

Regulation 61–62.1, Section II.G.— 

‘‘Conditional Major Operating Permits’’ 

specifies requirements for obtaining 

operating permits with federally 

enforceable emissions limits to restrict 

PTE for sources. South Carolina’s 

October 1, 2007, submittal makes 

several changes to subsection II.G. to 

clarify applicability and requirements as 

follows: (1) Adds language to specify 

that paragraph II.G. applies to sources 

requesting federally enforceable limits 

to restrict PTE below major source 

thresholds; (2) adds language to specify 

that sources which received synthetic 

minor construction permits and that are 

not subject to title V will receive 

conditional major operating permits; (3) 

adds permit shield language to note that 

if the renewal request is submitted 

pursuant to paragraph II.H., conditional 

major sources can operate under the 

most recent conditional major permit 

until SC DHEC processes the renewal 

request; (4) adds language to note that 

the written request provided by new 

sources needs to include any additional 

information specified in subparagraph 

G.5.; (5) adds language and clarifies 

existing language to note that the permit 

conditions, including special conditions 

to verify compliance with operational 

and emissions limits, are located at 

subsection II.J.; (6) modifies existing 

language to specify additional 

requirements for conditional major 

operating permit applications only; (7) 

removes requirements pertaining to 

construction permit application 

requirements because subsections II.C. 

and II.E. otherwise cover these 

requirements; (8) removes requirements 

pertaining to standard operating permit 

applications because those are 

otherwise covered by subsection II.F.; 

(9) adds language to specify that the 

general information requirements in 

construction permit applications at 

paragraph C.3. also apply to conditional 

major operating permits; and (10) makes 

other administrative language changes 

throughout the paragraph. 

The July 18, 2011, August 8, 2014, 

and July 27, 2016, submittals make 

additional administrative changes to 

subsection II.G. EPA has reviewed the 

changes made to SC DHEC’s conditional 

major source program, which is a 

portion of the FESOP minor source 

program, and agrees that the revisions 

made to subsection II.G. clarify the 

requirements for obtaining conditional 

major operating permits. Further, EPA 

has determined that the conditional 

operating permit program remains 

consistent with the criteria for 


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6EPA approved SC DHEC’s FESOP program on 

December 11, 1995 (60 FR 63434). 

7The August 7, 2017, letter has been included in 

the docket for this action. 

approving FESOP programs.6 Therefore, 

EPA is proposing to approve these 

changes into the SIP pursuant to CAA 

sections 110(a)(2)(C) and 110(l). 

9. Section II.H.—‘‘Operating Permit 

Renewal Request’’ 

Regulation 61–62.1, Section II.H.— 

‘‘Operating Permit Renewal Request’’ 

specifies requirements for renewing 

operating permits for minor sources. 

South Carolina’s October 1, 2007, 

submittal makes several changes to 

subsection II.H. to clarify applicability 

and requirements as follows: (1) 

Renumbers former paragraph B.2. to 

make a standalone subsection at II.H.; 

(2) adds paragraph H.1. to clarify that 

operating permits must be renewed 

through a written request; (3) adds 

paragraph H.2. to clarify that subsection 

II.H does not apply to title V sources; (4) 

adds language to specify that sources 

must submit permit renewal requests no 

later than 90 days prior to expiration of 

the existing operating permit; (5) revises 

language to expand the type of 

information needed to verify special 

permit conditions; (6) adds language to 

require more specific information in the 

renewal request, including changes in 

the source information required for 

construction permits under paragraph 

C.3.; and (7) makes administrative 

language changes throughout the 

paragraph. 

The July 18, 2011, June 17, 2013, 

August 8, 2014, and July 27, 2016, 

submittals make several administrative 

edits and correct typographical errors 

throughout subsection II.H. EPA has 

reviewed the changes made to the 

operating permit renewal requirements 

and believes these changes are more 

specific and help to ensure SC DHEC 

has the best information possible when 

evaluating renewal requests. EPA has 

also preliminarily determined that the 

changes will not interfere with 

attainment or maintenance of the 

NAAQS, reasonable further progress, or 

other applicable CAA requirements. 

EPA is therefore proposing to approve 

these changes into the SIP, pursuant to 

CAA sections 110(a)(2)(C) and 110(l). 

10. Section II.I.—‘‘Registration Permits’’ 

Regulation 61–62.1, Section II.I.— 

‘‘Registration Permits’’ provides 

regulations by which SC DHEC can 

issue registration permits, covering the 

construction and operation of similar 

sources. South Carolina’s October 1, 

2007, submittal adds these provisions to 

the minor source construction and 

operating permitting program to 

facilitate the permitting process for 

similar true minor sources qualifying for 

and applying for coverage permits for 

specific source categories. The purpose 

of this registration permitting minor 

source program is to protect the NAAQS 

while simplifying the permitting 

process for similar true minor sources. 

The difference between registration 

permits and general construction 

permits or general operating permits is 

that this program develops permits for 

specific source categories exclusively 

for true minor sources. 

The October 1, 2007, submittal 

provides the following requirements for 

registration permits under paragraph 

II.I: (1) Registration permits will be 

developed by SC DHEC and will specify 

all applicable requirements for 

construction and operation of similar 

true minor sources; (2) registration 

permits will be developed only for true 

minor sources; (3) sources can submit 

applications for coverage by certifying 

qualification for, and agreeing to the 

conditions of, registration permits, and 

sources later determined not to qualify 

for the registration permit are subject to 

enforcement; (4) approval to operate 

under a permit is a final permit action 

for the purposes of judicial review; and 

(5) sources will adhere to general 

requirements under paragraph II.J.1., 

and any other special permit conditions 

necessary to verify compliance with 

operational and emission limits. 

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, SC DHEC reserves 

the right to require 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 paragraph II.J., as SC DHEC finds 

appropriate. 

The August 8, 2014, submittal 

includes other changes to paragraph 

II.I., including administrative edits 

throughout and adding language to 

assert that SC DHEC 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 SC 

DHEC 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, 2017.7 In the 

letter, SC DHEC 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. 

EPA has reviewed the changes made 

to the registration permit requirements, 

as clarified by the State’s August 7, 

2017, letter, and is proposing to approve 

them into the SIP, pursuant to CAA 

sections 110(a)(2)(C) and 110(l), and 40 

CFR part 51, subpart I. 

11. Section II.J.—‘‘Permit Conditions’’ 

Regulation 61–62.1, Section II.J.— 

‘‘Permit Conditions’’ specifies required 

standard and special permit conditions. 

The October 1, 2007, submittal 

combines the standard and special 

permit conditions into a standalone 

section for required permit conditions. 

This submittal makes the following 

changes at paragraph J.: (1) Renumbers 

former subsection II.C. to II.J. and 

modifies the title to reflect that the 

subsection applies to all permit types; 

(2) requires sources to submit reports as 

specified in applicable permits, laws, 

regulations, or standards; (3) adds 

language to assert that a source may be 

subject to enforcement if it fails to 

construct in accordance with the 

application and any issued construction 

permit, or constructs without applying 

for approval; (4) adds language to clarify 

the time period over which construction 

permits are valid; (5) renumbers 

paragraph G.4. to paragraph J.2. and 

modifies the title to clarify that what 

follows are special permit conditions; 

(6) adds language stating that SC DHEC 

will require special permit conditions as 

it finds appropriate, such as operational 

limits or reporting and recordkeeping 

requirements; (7) removes former 

subparagraph G.4.g., which states 

conditions to limit PTE must be 

federally enforceable, because the State 

otherwise imposes this requirement for 

synthetic minor construction permits at 

subparagraph E.3. and conditional major 

operating permits at subparagraph G.5.; 

and (8) makes administrative language 

changes throughout subsection II.J. 

One change made to subparagraph 

J.1.d., formerly C.4., in the October 1, 

2007, submittal regards when emissions 

reports need to be made. In the place of 

a specific quarterly timeframe, the 

change directs sources to comply with 

reporting requirements derived from 

applicable permit requirements, laws 

and regulations, or standards. There are 

no specific reporting requirements for 


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8 40 CFR 70.6 generally requires semiannual 

emissions and compliance reporting. 

9McCabe, Janet, ‘‘Minor New Source Review 

Program Public Notice Requirements under 40 CFR 

51.161(b)(3),’’ Memorandum to Regional 

Administrators, Office of Air and Radiation, 

Washington, DC (April 17, 2012). 

10EPA published a final rule on October 18, 2016 

(81 FR 71613) amending the public notice 

requirements for major source permitting programs 

to allow for other means of public notice, including 

Web sites. This proposed rulemaking only deals 

with changes to South Carolina’s minor source 

permitting regulations. 

minor sources specified in federal 

regulations at 40 CFR 51.160–164, so 

these reporting schedules can be 

developed as SC DHEC deems 

necessary.8 Moreover, subparagraph 

J.1.a. states that ‘‘[n]o applicable law, 

regulation or standard will be 

contravened.’’ Thus, if there is a 

prescriptive state or federal requirement 

for reporting of emissions that applies to 

any of these minor sources, the permits 

will set the necessary reporting 

schedule accordingly. Therefore, EPA 

has determined that this change does 

not interfere with attainment or 

maintenance of the NAAQS, reasonable 

further progress, or any other applicable 

CAA requirements. 

The July 18, 2011, submittal makes 

further revisions to subsection II.J., 

including: (1) Adding language stating 

that false information or 

misrepresentation in a permit 

application is grounds for permit 

revocation; (2) adding language stating 

that the issued construction or operating 

permit must be kept at the facility and 

that records must be kept as prescribed 

on site for at least five years; and (3) 

making administrative and clarifying 

edits. The August 8, 2014, submittal 

makes additional administrative 

changes. 

EPA has reviewed the changes to 

standard and special permit 

requirements for the minor source 

construction and operating permit 

program and is proposing to approve 

them into the SIP pursuant to CAA 

section 110(a)(2)(C) and 110(l). 

12. Section II.K.—‘‘Exceptions’’ 

Regulation 61–62.1, Section II.K.— 

‘‘Exceptions’’ sets forth factors that SC 

DHEC shall 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 

renumbering this existing subsection 

from II.D. to II.K., and making 

administrative language changes. EPA is 

therefore proposing to approve the 

aforementioned changes into the SIP 

pursuant to CAA sections 110(a)(2)(C) 

and 110(l). 

13. Section II.M.—‘‘Transfer of 

Ownership/Operation’’ 

Regulation 61–62.1, Section II.M.— 

‘‘Transfer of Ownership/Operation’’ 

specifies procedures for owners or 

operators of sources to undertake if the 

ownership or operation is transferred to 

another party. The October 1, 2007, 

submittal makes minor changes to this 

regulation to renumber existing 

subsection II.E. to subsection II.M. and 

to add more specific requirements for 

the written request to transfer 

ownership or operation of a source. The 

August 8, 2014, submittal makes only 

administrative changes to language in 

this subsection. 

EPA has reviewed the changes to this 

existing portion of the minor source 

permitting regulations and is proposing 

to approve the aforementioned changes 

into the SIP pursuant to CAA section 

110(a)(2)(C) and 110(l). 

14. Section II.N.—‘‘Public Participation 

Procedures’’ 

Regulation 61–62.1, Section II.N.— 

‘‘Public Participation Procedures,’’ 

specifies the public participation 

requirements for sources applying for 

and obtaining federally enforceable 

minor source construction and 

operating permits. The October 1, 2007, 

submittal makes several changes to 

subsection N. as follows: (1) Renumbers 

existing paragraph G.5. to create a 

standalone paragraph for public 

participation and clarify that these 

procedures can apply to other types of 

permit requests rather than only 

conditional major source operating 

permits; (2) adds language providing SC 

DHEC with discretion to require notice 

of permitting activity, even when not 

otherwise required by the State’s 

regulations; (3) adds language stating 

that SC DHEC can use means other than 

publishing in newspapers, the State 

Register, and mailing lists to notify the 

public of minor source permitting; and 

(5) makes administrative language edits 

for consistency. 

The July 18, 2011, submittal makes 

one clarifying edit to reflect that an 

approved construction permit is 

required prior to the commencement of 

construction. The August 8, 2014, 

submittal makes administrative and 

clarifying edits to subsection II.N., 

including: (1) Adding language to 

subparagraph N.1. to identify the SC 

DHEC Web site as another method of 

notifying the public of permitting 

activity; (2) reformatting and revising 

paragraph N.2. to list the required 

elements of the public notice; (3) 

revising language to identify how SC 

DHEC will address and record 

comments, and broadening the SC 

DHEC procedures to note that the State 

will respond to all comments rather 

than only those received in writing or at 

the public hearing; (4) removing 

language requiring SC DEHC to respond 

to all comments in writing; and (5) 

making administrative edits. 

The changes in the October 1, 2007, 

submittal to allow for other methods of 

public notice, and in the August 8, 

2014, submittal to explicitly list the SC 

DHEC Web site as a possible method of 

public notice are consistent with the 

minor source permitting regulations at 

40 CFR 51.161. EPA has existing policy 

asserting that the public notice 

requirement for minor source permitting 

activities at 40 CFR 51.161(b)(3) is 

media-neutral, meaning that the public 

notice requirement can be met as long 

as the State interprets the method to be 

‘‘prominent advertising.’’ 9 SC DHEC 

can therefore make use of its Web site, 

mailing lists, and other methods in lieu 

of publication in a newspaper. The 

provisions at subsection II.N. pertain 

only to minor sources, and any major 

source public notice requirements are 

contained in the major source PSD, 

NNSR, and title V regulations.10

EPA has reviewed the public notice 

requirements and preliminarily finds 

that the changes currently before the 

Agency are not inconsistent with the 

CAA and EPA’s implementing 

regulations, including the criteria for 

approving FESOP programs. See 54 FR 

27274 (June 28, 1989). Therefore, EPA is 

proposing to approve the changes to the 

existing public notice requirements for 

the minor NSR and FESOP programs, 

pursuant to CAA section 110(a)(2)(C) 

and 40 CFR 51.160–164. 

15. Section II.O.—‘‘Inspection and 

Entry’’ 

Regulation 61–62.1, Section II.O.— 

‘‘Inspection and Entry,’’ specifies 

requirements to allow SC DHEC officials 

to enter and inspect facilities. South 

Carolina’s July 18, 2011, submittal adds 

these provisions to the minor source 

construction and operating permitting 

program to allow for verification of 

adherence to permit conditions. The 

August 8, 2014, submittal makes one 

additional administrative change to the 

introductory language at subsection II.O. 

The ability for SC DHEC to enter and 

inspect facilities enables the State to 

oversee the minor source permitting 

program, including assisting in potential 

enforcement actions. EPA is therefore 

proposing to approve this subsection 


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11See Section I and Section II.C. of this proposed 

rule for additional detail. 

and its updated provisions into the SIP, 

pursuant to CAA section 110(a)(2)(C). 

IV. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

South Carolina Regulation 61–62.1, 

Section II—‘‘Permit Requirements,’’ 

effective June 24, 2016,11 which revises 

the federally enforceable minor source 

construction and operating permit 

program. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and/or at the EPA 

Region 4 office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Proposed Action 

EPA is proposing to approve portions 

of revisions to the South Carolina SIP 

submitted by SC DHEC to EPA on 

October 1, 2007, July 18, 2011, June 17, 

2013, August 8, 2014, January 20, 2016, 

and July 27, 2016. Specifically, EPA is 

proposing to approve the changes to 

S.C. Code Ann. Regs. 61–62.1, Section 

II—‘‘Permit Requirements,’’ as 

discussed above, pursuant to CAA 

section 110(a)(2)(C), section 110(l), and 

40 CFR 51.160—164. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely proposes to approve state 

law as meeting Federal requirements 

and does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this proposed 

action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule for South 

Carolina does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because it does not have 

substantial direct effects on an Indian 

Tribe. The Catawba Indian Nation 

Reservation is located within the state of 

South Carolina. Pursuant to the Catawba 

Indian Claims Settlement Act, S.C. Code 

Ann. 27–16–120, ‘‘all state and local 

environmental laws and regulations 

apply to the [Catawba Indian Nation] 

and Reservation and are fully 

enforceable by all relevant state and 

local agencies and authorities.’’ EPA 

notes this action will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: August 7, 2017. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2017–17345 Filed 8–16–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0104; FRL–9966–18– 

Region 4] 

Air Plan Approval; Alabama; Regional 

Haze Plan and Prong 4 (Visibility) for 

the 2012 PM2.5, 2010 NO2, 2010 SO2, 

and 2008 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to take the 

following four actions regarding the 

Alabama State Implementation Plan 

(SIP), contingent upon a final 

determination from the Agency that a 

state’s participation in the Cross-State 

Air Pollution Rule (CSAPR) continues to 

meet the Regional Haze Rule (RHR)’s 

criteria to qualify as an alternative to the 

application of Best Available Retrofit 

Technology (BART): Approve the 

portion of Alabama’s October 26, 2015, 

SIP submittal seeking to change reliance 

from the Clean Air Interstate Rule 

(CAIR) to CSAPR for certain regional 

haze requirements; convert EPA’s 

limited approval/limited disapproval of 

Alabama’s July 15, 2008, regional haze 

SIP to a full approval; approve the 

visibility prong of Alabama’s 

infrastructure SIP submittals for the 

2012 Fine Particulate Matter (PM2.5), 

2010 Nitrogen Dioxide (NO2), and 2010 

Sulfur Dioxide (SO2) National Ambient 

Air Quality Standards (NAAQS); and 

convert EPA’s disapproval of the 

visibility portion of Alabama’s 

infrastructure SIP submittal for the 2008 

Ozone NAAQS to an approval. 

DATES: Comments must be received on 

or before September 18, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No EPA–R04– 

OAR–2017–0104 at http://

www.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 


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