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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Proposed Rules
NAAQS. The final rule promulgating the 2015 8-hour ozone NAAQS was signed by the EPA Administrator on October 1, 2015, and became effective on December 28, 2015. See 80 FR 65292
October 26, 2015. Given these dates, South Carolinas October 1, 2015, and December 28, 2015, deadlines in paragraphs Ia and Ib, respectively, would be appropriate cutoff dates for the applicability of Section K in regard to the 2015 ozone NAAQS.
Additionally, these changes more closely align the rule with the Federal PSD regulation at 40 CFR
51.166i11i and ii. EPA is therefore proposing to approve these changes into the South Carolina SIP.
Under Section R, Source obligations, South Carolina updated the definition of Monitoring, recordkeeping and reporting found in paragraph R6 by adding paragraphs R6c, and R6gi and ii. Paragraph R6c adds an additional requirements for emissions units that are existing electric utility steam generating units, and Paragraph R6g adds the definition of reasonable possibility as that term is used in Paragraph R6. These changes match the Federal PSD
regulations at 40 CFR 51.166r6ii and r6vi, respectively, and EPA is proposing to approve these changes into the South Carolina SIP.
Finally, under Section Q, Public Participation, South Carolina updates the e-notice provisions for PSD.
Originally found in paragraph q2ii, the public notice requirements are renumbered to Q2c and reworded for clarity and consistency with the Federal e-notice rule. The updates identify website publication on a public website selected by the Department as the consistent noticing method for draft permits subject to public notice under its PSD program. The updates note that other methods, such as newspapers, may be used in addition to website publication. South Carolina also includes a cross reference to the new enotice provisions of Section Q under the States PALs provisions for PSD to maintain the consistent e-noticing method of public participation throughout its PSD regulations. The updated language can be found under Section AA of Standard No. 7, in paragraph AA5. EPA is proposing to approve these changes into the South Carolina SIP because they are consistent with EPAs e-notice rule.
All other changes to Standard No. 7
included in the April 24, 2020, SIP
revisions are administrative in nature
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and are being proposed for approval into the South Carolina SIP.5
B. Regulation 6162.5, Standard No.
7.1Nonattainment New Source Review The April 24, 2020, SIP revisions include the following key changes within the States current SIP-approved NNSR regulations to more closely align with the Federal NNSR regulations: 1
Adding multiple definitions included in the Federal NNSR regulations; 2
Updating and renumbering existing definitions in South Carolinas SIP; 3
Adopting language regarding interpollutant trading and banking; and 4 Updating the Public participation requirements for NNSR, including those for PALs permits under NNSR.
Under Section A, Applicability, South Carolina renumbered former paragraph e to paragraph A10.
Although most of paragraph A10 is appropriate for incorporation into the South Carolina SIP and matches the current Federal rule, former paragraph e had a portion of the definition for Chemical process plants, previously found at paragraph eT, that was never approved in the SIP. In particular, the language contained after Chemical process plant, now renumbered to paragraph A10t, which states that The term chemical processing plants shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS
codes 325193 or 312140, is not currently in the SIP and cannot be incorporated due to issues with the 2007 Federal Ethanol Rule.6 Due to the 5 A description of each of these changes to Standard No. 7 begins on page 354/500 of the April 24, 2020, submittal PDF. The submittal can be found in the docket for this proposed rulemaking.
6 On May 1, 2007, EPA published in the Federal Register the 2007 Ethanol Rule 72 FR 24060, which amended EPAs PSD and NNSR regulations to exclude ethanol manufacturing facilities that produce ethanol by natural fermentation processes from the chemical process plants category under the regulatory definition of major stationary source. Shortly thereafter, EPA received a petition for reconsideration of the 2007 Ethanol Rule provisions from Natural Resources Defense Council NRDC, which petition EPA initially denied on March 27, 2008. See 73 FR 24174 March 27, 2008.
In 2009, EPA received a second petition for reconsideration from NRDC, and NRDC also filed a petition for judicial review in the U.S. Court of Appeals for the District of Columbia Circuit challenging EPAs 2008 denial of its first petition for reconsideration. The court granted a joint motion to hold the case in abeyance, and the case has remained in abeyance. On October 21, 2019, EPA partially granted and partially denied the second petition for reconsideration. See 84 FR
59743 November 6, 2019. Specifically, EPA
granted the request for reconsideration with regard to the claim that the 2007 Ethanol Rule did not appropriately address the CAA section 193 antibacksliding requirements for nonattainment areas.
Concurrently, EPA denied the remainder of the requests for reconsideration. This means that states
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ongoing review of the 2007 Ethanol Rule in regards to the Federal NNSR
regulations, South Carolina withdrew its request for EPA to approve the phrase The term chemical processing plants shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS
codes 325193 or 312140 in the renumbered paragraph A10 through a letter dated June 21, 2021.7 8
Under Section B, Definitions, the State adds several definitions that are part of the Federal NNSR regulations.
The new definitions include: Allowable emissions; Begin actual construction;
Building, structure, facility, or installation; Temporary clean coal technology demonstration project; Clean coal technology; Clean coal technology demonstration project; Commence;
Construction; Continuous emissions monitoring system; Continuous emissions rate monitoring system;
Continuous parameter monitoring system; Electric utility steam generating unit; Emissions unit; Federal Land Manager; Federally enforceable;
Fugitive emissions; Necessary preconstruction approvals or permits;
Pollution prevention; Potential to emit;
Predictive emissions monitoring system;
Project; Replacement unit; Resource recovery facility; Reviewing authority;
Secondary emissions; and Stationary source. Except for the definition for Resource recovery facility, the new definitions all match those in the Federal NNSR regulation found at 40
CFR 51.165, and EPA is proposing to approve them into the South Carolina SIP.9
are now able to adopt the Ethanol Rule provisions for their PSD programs, but are generally not choosing to do the same for their NNSR programs at this time.
7 The June 21, 2021, withdrawal letter can be found in the docket for this proposed rulemaking.
8 Former paragraph c7Cxx contains the same ethanol exclusion language as A10t.
South Carolina renumbered this paragraph to B22cxx. The June 21, 2021, withdrawal letter also withdraws South Carolinas request for EPA to incorporate the ethanol exclusion language at B22cxx into the South Carolina SIP.
9 At the time of submission, the definitions for Replacement unit and Secondary emissions in South Carolinas April 24, 2020, SIP revisions matched the then-current Federal NNSR
regulations. On June 22, 2021, the EPA
Administrator signed a final rule amending several NSR regulations, including the definitions for Replacement unit and Secondary emissions.
This final rule is available at https www.epa.gov/
nsr/final-error-corrections-rule. Although the definitions of these two terms in South Carolinas submittal do not exactly match the revised Federal definitions, EPA is proposing to approve them into the South Carolina SIP given the nature of the revisions to these Federal definitions. However, if South Carolina wishes to have matching definitions, it may submit a SIP revision in the future to adopt the revised definitions into its SIP.

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