Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS

analysis for PSD, and add an emissions offset banking provision for NNSR, which will be discussed in further detail in Section III below. Additionally, the April 24, 2020, SIP revisions also adopt e-notice provisions into the States NNSR regulations.
On October 5, 2016, EPA finalized the revised public notice rule provisions for the Federal NSR, Title V, and the Outer Continental Shelf permitting programs of the CAA. See 81 FR 71613 October 18, 2016. The new provisions removed the mandatory requirement to provide public notice of a draft air permit through publication in a local newspaper. Instead, these provisions allow for an internet-based e-notice option for permitting authorities implementing their own SIP-approved permitting programs and EPA-approved Title V programs. However, permitting authorities are not required to adopt enotice. Nothing in the final rule prevents a permitting authority from continuing to use newspaper notification and/or from supplementing an e-notice with newspaper notifications and/or additional means of notification. When e-notice is provided, EPAs rule requires electronic access eaccess to the draft permit. Generally, state and local agencies intend to post the draft permits and public notices in a designated location on their agency websites, which is accessible to anyone in the general public. For the noticing of draft permits issued by permitting authorities with EPA-approved programs, the rule simply requires the permitting authority to use a consistent noticing method for all permit notices under the specific permitting program.
E-notice is already being practiced by many permitting authorities, including South Carolina in their PSD program, because it enables them to communicate permitting and other affected actions to the public more quickly and efficiently while lowering costs by eliminating or minimizing newspaper publications. A
full description of the Federal e-notice provisions is available in EPAs October 18, 2016 final rulemaking notice. See 81
FR 71613.
III. Analysis of States Submittal As mentioned above, the April 24, 2020, SIP revisions include changes to South Carolinas PSD and NNSR
regulations. Many of these changes are administrative in nature, including updating internal references, correcting typographical errors, and renumbering paragraphs. However, the SIP revisions do include several changes intended to make South Carolinas major source NSR regulations more closely align with the Federal major source NSR

VerDate Sep<11>2014

16:36 Jul 28, 2021

Jkt 253001

regulations, including the adoption of several definitions, and updating of other definitions, that are currently in the Federal NSR regulations. Included below in Sections III.A. and III.B. are more details on the key updates proposed for adoption into the South Carolina SIP.
A. Regulation 6162.5, Standard No. 7
Prevention of Significant Deterioration The April 24, 2020, SIP revisions include the following key changes within the States current SIP-approved PSD regulations in order to more closely align with the Federal PSD regulations:
1 Updating the definition of Building, structure, facility or installation; 2
Deleting the mention of fugitive emissions from the definition of Major modification and Net emissions increase; 3 Adding a definition for Pollution prevention; 4 Updating the Exceptions section to clarify the applicability of the Source Impact Analysis section of the PSD regulations in regards to the 2015 8-hour ozone national ambient air quality standards NAAQS; 5 Updating the definition of Monitoring, recordkeeping and reporting; and 6 Updating the public participation requirements for PSD, including those for plantwide applicability limits PALs permits under PSD. More details are included below.
Under Section B, Definitions, the definition of Building, structure, facility or installation was updated by renumbering the paragraph from b9
to B9a and adding paragraph B9b to expand the definition and give more details on the applicability for onshore activities related to Oil and Gas Extraction. These changes more closely align the rule with the Federal PSD
regulation at 40 CFR 51.166b6ii, and EPA is proposing to approve them into the South Carolina SIP.
Originally found in paragraphs b30v and b34iiid, South Carolinas PSD regulations contained a description of fugitive emissions under the definitions of Major modification and Net emissions increase. In the April 24, 2020, SIP revisions, these two paragraphs are renumbered to B30e and B34cii, respectively, and the text is removed and replaced with Reserved. The Federal PSD
regulation, specifically at 40 CFR
51.166b2v and b3iiid, contains the language regarding fugitive emissions that South Carolina seeks to remove from its SIP; however, this language in the Federal rules has been
PO 00000

Frm 00008

Fmt 4702

Sfmt 4702

40797

stayed indefinitely.3 EPA never acted on the language found in South Carolinas former paragraphs b30v and b34iiid, because the State withdrew its request to adopt it into the SIP through a December 20, 2016, withdrawal letter.4 Because the language was never approved into the SIP and the language in the Federal PSD
regulations is currently stayed, EPA is proposing to add paragraphs B30e and B34cii to the South Carolina SIP as submitted in the April 24, 2020, submittal with the Reserved note in them.
Also, under the Definitions section, under paragraph B36, the State originally had a Reserved note. In the April 24, 2020, SIP revisions, the State deletes the note and adding a definition of Pollution prevention in its place. This definition mirrors that of the Federal PSD regulation, found at 40
CFR 51.166b38, and EPA is proposing to approve it into the South Carolina SIP.
Under Section I, Exemptions, the State added new paragraphs at I11a and b, which are meant to clarify the applicability of Section K, Source impact analysis. The new paragraphs were added to clarify which permit applications must comply with Section K with respect to the 2015 8-hour ozone NAAQS. Specifically, these new paragraphs explain that if a permit application was determined by the State to be complete on or before October 1, 2015, the ozone NAAQS with respect to which the requirements of Section K
apply is the ozone NAAQS in effect on the date the permit application was determined to be complete and not the 2015 ozone NAAQS. These new paragraphs also explain that if the State had published a public notice with a preliminary determination regarding the application before December 28, 2015, the ozone NAAQS with respect to which the requirements of K apply is the ozone NAAQS in effect at the time of first publication of the public notice of a preliminary determination on the permit application or public notice of the draft permit and not the 2015 ozone 3 Effective September 30, 2009 74 FR 50115, EPA established a three-month stay of what is commonly known as the Fugitive Emissions Rule.
The stay was later extended for an additional three months, effective December 31, 2009 74 FR 65692.
In order to allow for more time for the reconsideration and for public comment on any potential revisions to the Fugitive Emissions Rule, EPA established a longer 18-month stay that became effective on March 31, 2010 75 FR 16012. Finally, on March 30, 2011, EPA stayed indefinitely portions of the Fugitive Emissions Rule.
4 The December 20, 2016, withdrawal letter can be found in the docket for this proposed rulemaking.

E:FRFM29JYP1.SGM

29JYP1