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CFR Citation: 40 CFR Part 52

DOCUMENT ID: [R04-OAR-2003-SC-0001-200416(a); FRL-7799-5]

NOTICE: RULES

ACTION: Air quality implementation plans; approval and promulgation; various States:

DOCUMENT ACTION: Direct final rule.

SUBJECT CATEGORY: Approval and Promulgation of Implementation Plans; South Carolina: Source Testing

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.

DOCUMENT 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.

SUMMARY: South Carolina,

SUPPLEMENTAL INFORMATION

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 6162.1 is being changed to ``Definitions and General Requirements'' to identify that the regulation contains general provisions.

b. Section IVSource Tests, is being added to Regulation 6162.1. Regulation 6162.5, Standard No. 1, Section VIISource Test
Requirements and Standard No. 4, Section XIIISource Test Requirements are being incorporated into Regulation 6162.1, Section IVSource Tests. Regulation 6162.5, Standard No. 1, Section VII and Standard No. 4, Section XIII are being reserved for future use. Other amendments to Regulation 6162.1 specify requirements for sitespecific 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 6162.1, Section IIPermit Requirements and Regulation 6162.5, 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, 6162.1 Section IVSource Tests.

d. Typographical corrections and clarifications were made to Regulation 6162.5 for formatting consistency.

Description of Revisions Submitted as of July 25, 2003

e. Regulation 6162.1 Definitions and General Requirements, Section IVSource 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 IIPermit Requirements for formatting consistency with Regulation 6162.5, 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 preexisting 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. 1044).

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.
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 PPSouth Carolina
2. Section 52.2120(c) is amended:
(a) by revising the entry for ``Regulation No. 62.1.''
(b) under Regulation No. 62.1, by revising the entry for ``Section II'' and adding the entry for ``Section IV.''
(c) under Regulation 62.5, Standard No. 1, by revising the entries for ``Section VI'' and ``Section VII.''
(d) under Regulation 62.5, Standard No. 4, by revising the entries for ``Section XII'' and ``Section XIII.''
(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 State EPA State citation Title/subject effective approval Federal Register date date Notice Regulation No. 62.1, Definitions and General Requirements Regulation No. 62.1................ Definitions and General 06/26/98 8/10/04 [Insert citation of Requirements. publication] * * * * * * * 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] * * * * * * * Regulation No. 62.5, Air Pollution Control Standards Standard No. 1, Emission From Fuel Burning Operations * * * * * * * Section VI......................... Periodic Testing.......... 06/26/98 08/10/04 [Insert citation of publication] Section VII........................ Reserved.................. ........... ........... ..................... [[Page 48398]]
* * * * * * * Standard No. 4, Emission From Process Industries * * * * * * * Section XII........................ Periodic Testing.......... 06/26/98 08/10/04 [Insert citation of publication] Section XIII....................... Reserved.................. ........... ........... ..................... Standard No. 5, Volatile Organic Compounds Section I, General Provisions Part E............................. Volatile Organic Compound 06/26/98 08/10/04 [Insert citation of Compliance Testing. publication] * * * * * * * * * * * *
[FR Doc. 0418139 Filed 8904; 8:45 am]
BILLING CODE 656050P

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 303038960. The telephone number is (404) 5629140. Ms. Ward can also be reached via electronic mail at
ward.nacosta@epa.gov.