[Federal Register: November 13, 2002 (Volume 67, Number 219)]
[Rules and Regulations]
[Page 68767-68769]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no02-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52
[SC-041, 046-200211(a); FRL-7406-7]
Approval and Promulgation of Implementation Plans; South
Carolina; Adoption of Revision Governing Credible Evidence and Removal
of Standard 3
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a revision to the State Implementation
Plan (SIP) submitted on October 1, 2002, by the State of South
Carolina, Department of Health and Environmental Control (Department).
This revision consisted of an addition to Regulation 61-62.1,
Definitions and General Requirements, entitled ``Section V--Credible
Evidence.'' The submission of Section V--Credible Evidence by South
Carolina is to meet the requirements for credible evidence set forth in
EPA's May 23, 1994, SIP call letter. EPA is also approving a correction
to the SIP regarding removal of Standard 3 ``Emissions from
Incinerators'' from the SIP as requested by the State of South
Carolina.
DATES: This direct final rule is effective January 13, 2003 without
further notice, unless EPA receives adverse comment by December 13,
2002. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Written comments should be addressed to: Sean Lakeman, EPA
Region 4, Air Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia
30303-8960. Copies of the State submittal is available at the following
addresses for inspection during normal business hours: Environmental
Protection Agency, Region 4, Air Planning Branch, 61 Forsyth Street,
SW, Atlanta, Georgia 30303-8960. Sean Lakeman, 404/562-9043. South
Carolina Department of Health and Environmental Control, 2600 Bull
Street, Columbia, South Carolina 29201-1708.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman at 404/562-9043, or by
electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background On Credible Evidence
II. South Carolina's Response to Credible Evidence
III. Removal of Standard 3
IV. Final Action
V. Administrative Requirements
I. Background On Credible Evidence
On October 22, 1993, the EPA published a Federal Register document
proposing an Enhanced Monitoring Program Rule. In that document, the
EPA proposed both new regulations and amendments to several existing
air pollution program regulations. To address the revisions to the
Clean Air Act (CAA) regarding the use of any credible evidence the EPA
issued a SIP call to all states in a letter dated May 23, 1994. The
purpose of this letter was to require the states to revise their SIP to
allow for the use of enhanced monitoring as a means of establishing
compliance and ``any credible evidence'' to prove violations. A Federal
Implementation Plan (FIP) was to be promulgated if the states failed to
correct the deficiencies in the SIP by June 30, 1995. However, during
the time between which the Enhanced Monitoring Program Rule was
proposed and the FIP was to be in place, EPA separated the enhanced
monitoring rule into two new parts: ``any credible evidence'' and
``compliance assured monitoring'' (CAM); and promulgated them in
separate Federal Register documents. The final rule for ``any credible
evidence'' was promulgated on February 24, 1997.
II. South Carolina's Response to Credible Evidence
In response to the May 23, 1994, SIP call, the Department submitted
a revision to South Carolina's SIP on October 1, 2002. This revision
consisted of the addition of Section V--Credible Evidence to Regulation
61-62.1 Definitions and General Requirements. The purpose of Section V
regarding the demonstration of compliance or noncompliance, or the
certification of compliance is:
[sbull] to clarify that any credible evidence can be used,
[sbull] to eliminate any potential ambiguity in language regarding
exclusive reliance on reference test methods, and
[sbull] to curtail language that limits the types of testing or
monitoring data that may be used. Section V specifically allows for the
use of any credible evidence ``in the determination of non-
[[Page 68768]]
compliance by the Department or for compliance certification by the
owners or operators of stationary sources.'' In addition, Section V
allows for ``credible evidence'' to be used to determine whether or not
a violation has or is occurring with respect to any standard within the
plan.
III. Removal of Standard 3
In a letter dated May 5, 2000, South Carolina requested the removal
of Standard 3 ``Emissions from Incinerators'' from the SIP. EPA has
determined that South Carolina's Standard 3 ``Emissions from
Incinerators'' was erroneously incorporated into the SIP. EPA is
removing this rule from the approve South Carolina SIP because the rule
does not have a reasonable connection to the National Ambient Air
Quality Standard (NAAQS) and related air quality goals of Section 110
of the Clean Air Act (CAA). The intended effect of this correction to
the SIP is to make the SIP consistent with the requirements of the CAA,
as amended in 1990, regarding EPA action on SIP submittals and SIPs for
national primary and secondary ambient air quality standards.
IV. Final Action
After a thorough review of the submittal, the EPA has found that
the October 1, 2002, submittal is adequate to meet the credible
evidence requirements set forth in the May 1994, SIP call. EPA is also
approving a correction to the SIP regarding removal of Standard 3
``Emissions from Incinerators'' from the SIP as requested by the State
of South Carolina.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective January 13, 2003
without further notice unless the Agency receives adverse comments by
December 13, 2002.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on January 13, 2003 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
V. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 13, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
[[Page 68769]]
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 1, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Chapter I, title 40, Code of Federal Regulations, is amended as
follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PP--South Carolina
2. In Sec. 52.2120 the table in paragraph (c) is amended by adding
a new entry under Regulation No. 62.1 after Section III for ``Section V
Credible Evidence'' and removing the entry for ``Standard No. 3
Emissions from Incinerators'' to read as follows:
Sec. 52.2120 Identification of plan.
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(c) * * *
Air Pollution Control Regulations for South Carolina
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State EPA approval
State citation Title/subject effective date date Federal register notice
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Regulation No. 62.1............... Definitions, Permits Requirements and Emissions Inventory
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Section V......................... Credible 07/27/01 01/13/03 67 FR 68767
Evidence.
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[FR Doc. 02-28698 Filed 11-12-02; 8:45 am]
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