[Federal Register: August 10, 2004 (Volume 69, Number 153)]
[Rules and Regulations]
[Page 48395-48398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au04-15]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R04-OAR-2003-SC-0001-200416(a); FRL-7799-5]
Approval and Promulgation of Implementation Plans; South
Carolina: Source Testing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving revisions to the South Carolina State
Implementation Plan (SIP) revision submitted by the South Carolina
Department of Health and Environmental Control on September 4, 2002,
and July 25, 2003. These revisions consist of the establishment,
standardization, and clarification of source testing requirements.
South Carolina is also changing the title of Regulation 62.1 to reflect
that it contains general provisions.
DATES: This direct final rule is effective October 12, 2004, without
further notice, unless EPA receives adverse comment by September 9,
2004. 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: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R04-OAR-2003-SC-0001, by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the online instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the online instructions for submitting comments.
3. E-mail: ward.nacosta@epa.gov.
4. Fax: 404-562-9019.
5. Mail: ``R04-OAR-2003-SC-0001'', Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
6. Hand Delivery or Courier. Deliver your comments to: Nacosta C.
Ward, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, 12th floor, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
Instructions: Direct your comments to RME ID No. R04-OAR-2003-SC-
0001. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on
[[Page 48396]]
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
in RME or in hard copy at the Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is (404) 562-9140. Ms. Ward can also be reached via electronic mail at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Analysis of State's Submittal
On September 4, 2002 and July 25, 2003, the South Carolina
Department of Health and Environmental Control submitted revisions to
the South Carolina State Implementation Plan. These revisions pertain
to source testing requirements for all affected source owners or
operators and source testers. The purpose of these revisions is to
restore accuracy and completeness of the regulations incorporated by
reference into the SIP and to clarify language specifying authorization
for proposing alternate test methods.
Description of Revisions Submitted as of September 4, 2002
a. The title of Regulation 61-62.1 is being changed to
``Definitions and General Requirements'' to identify that the
regulation contains general provisions.
b. Section IV--Source Tests, is being added to Regulation 61-62.1.
Regulation 61-62.5, Standard No. 1, Section VII--Source Test
Requirements and Standard No. 4, Section XIII--Source Test Requirements
are being incorporated into Regulation 61-62.1, Section IV--Source
Tests. Regulation 61-62.5, Standard No. 1, Section VII and Standard No.
4, Section XIII are being reserved for future use. Other amendments to
Regulation 61-62.1 specify requirements for site-specific test plans
including: a detailed discussion of the test objectives, accessibility
and representativeness of sampling locations, process descriptions, in-
house testing protocol, all sampling and analytical procedures,
internal quality assurance/quality control, data reduction and
reporting procedures, and safety considerations.
c. Amendments were made to Regulation 61-62.1, Section II--Permit
Requirements and Regulation 61-62.5, Standard No. 1, Section VI--
Periodic Testing to specify that the responsible official for ensuring
the performance of source tests is an owner or operator of stationary
sources and to provide a requirement for sources to comply with the new
source test section, 61-62.1 Section IV--Source Tests.
d. Typographical corrections and clarifications were made to
Regulation 61-62.5 for formatting consistency.
Description of Revisions Submitted as of July 25, 2003
e. Regulation 61-62.1 Definitions and General Requirements, Section
IV--Source Tests is being amended to clarify the language concerning
alternate methods of source testing. These revisions address the
comments received during the comment period.
f. The words ``Section I'' were removed from Section II--Permit
Requirements for formatting consistency with Regulation 61-62.5,
Standard No. 7.
II. Final Action
EPA is approving the aforementioned changes to the State of South
Carolina SIP because they are consistent with the CAA and EPA policy.
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 October 12,
2004, without further notice unless the Agency receives adverse
comments by September 9, 2004.
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 October 12, 2004, 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.
III. Statutory and Executive Order Reviews
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 (Pub. L. 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
[[Page 48397]]
``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 October 12, 2004. 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, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: July 27, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
Chapter I, title 40, Code of Federal Regulations, is amended as
follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PP--South Carolina
0
2. Section 52.2120(c) is amended:
0
(a) by revising the entry for ``Regulation No. 62.1.''
0
(b) under Regulation No. 62.1, by revising the entry for ``Section II''
and adding the entry for ``Section IV.''
0
(c) under Regulation 62.5, Standard No. 1, by revising the entries for
``Section VI'' and ``Section VII.''
0
(d) under Regulation 62.5, Standard No. 4, by revising the entries for
``Section XII'' and ``Section XIII.''
0
(e) under Regulation 62.5, Standard No. 5, Section I, by adding the
entry for ``Part E.''
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
Air Pollution Control Regulations for South Carolina
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State EPA
State citation Title/subject effective approval Federal Register
date date Notice
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Regulation No. 62.1, Definitions and General Requirements
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Regulation No. 62.1................ Definitions and General 06/26/98 8/10/04 [Insert citation of
Requirements. publication]
* * * * * * *
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Section II......................... Permit Requirements....... 06/27/03 08/10/04 [Insert citation of
publication]
* * * * * * *
------------------------------------
Section IV......................... Source Tests.............. 06/27/03 08/10/04 [Insert citation of
publication]
* * * * * * *
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Regulation No. 62.5, Air Pollution Control Standards
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Standard No. 1, Emission From Fuel Burning Operations
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* * * * * * *
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Section VI......................... Periodic Testing.......... 06/26/98 08/10/04 [Insert citation of
publication]
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Section VII........................ Reserved.................. ........... ........... .....................
[[Page 48398]]
* * * * * * *
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Standard No. 4, Emission From Process Industries
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* * * * * * *
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Section XII........................ Periodic Testing.......... 06/26/98 08/10/04 [Insert citation of
publication]
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Section XIII....................... Reserved.................. ........... ........... .....................
------------------------------------
Standard No. 5, Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section I, General Provisions
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Part E............................. Volatile Organic Compound 06/26/98 08/10/04 [Insert citation of
Compliance Testing. publication]
* * * * * * *
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[FR Doc. 04-18139 Filed 8-9-04; 8:45 am]
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