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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Proposed Rules The new definition for Resource recovery facility, found in paragraph B34 of South Carolinas Standard No.
7.1 in the SIP revision, does not match the Federal NNSR regulations because the Federal rules do not contain a definition for this kind of facility.
However, the new definition merely clarifies what constitutes a resource recovery facility and does not create a new exemption or limitation on the applicability of the States NNSR
regulations. Therefore, EPA is proposing to approve the definition into the South Carolina SIP.
Also, under Section B, South Carolinas April 24, 2020, SIP revisions update and replace two lists, converting them into a table format. Specifically, the changes involve paragraph B22a, formerly found in paragraph c7A, and paragraph B37, formerly found in paragraph c14.
Former paragraph c7A, which contained the definition of Major stationary source, used to include a list of emissions thresholds for sources in certain nonattainment areas under paragraphs c7Aia through d.
These thresholds are now recodified in the table found in paragraph B22ai and are expanded for clarity. The threshold values and list of pollutants are unchanged from the SIP-approved version of the rule. Although the revision does not add ammonia as a precursor to fine particulate matter PM2.5,10 EPA does not believe that this will have any negative impact on the attainment or maintenance of the PM2.5
NAAQS in the State. This is due to the fact that South Carolina does not currently have any PM2.5 nonattainment areas, and thus, the PM2.5 thresholds in this NNSR rule are not currently applicable. In the event of an area being designated nonattainment for PM2.5 in the future, the State would be required to submit, among other things, a revised NNSR SIP revision that identifies ammonia as a PM2.5 precursor. For these reasons, EPA believes that the recodified table in paragraph B22ai is appropriate for approval into the South Carolina SIP.
Former paragraph c14 contained a definition of Significant and included a list of emission rates at or above which a net emissions increase or the potential to emit from a source would be considered significant. South Carolina renumbered the definition as paragraph 10 The Federal NNSR definition of Major stationary source sets a 70 tpy major source threshold for the PM2.5 precursors Sulfur dioxide, Nitrogen oxides, Volatile Organic Compounds, and Ammonia in any serious PM2.5 nonattainment area.
See 40 CFR 51.165a1ivA1viii and a1xxxviiC2.

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B37 and created a table containing the significant emissions rates. The rates in the new table generally match the rates in former paragraph c14, except for the rates for carbon monoxide CO
and ozone, which are expanded to include more stringent rates. For CO, South Carolinas April 24, 2020, SIP
revisions maintain the old emissions rate, now only applicable in marginal and moderate nonattainment areas, but add a more stringent emissions rate for serious nonattainment areas. Similarly, for ozone, South Carolina maintains the old emissions rate, now applicable only for marginal and moderate nonattainment areas, but adds more stringent rates for serious and severe nonattainment areas, as well as for extreme nonattainment areas. Given that these changes are more stringent than the current SIP-approved rule, EPA
believes that they are appropriate for incorporation into the South Carolina SIP.
Under Section C, which incorporates parts of former paragraph dPermit requirements, South Carolinas April 24, 2020, SIP revisions add additional conditions regarding emissions offsets and alternative site analysis that need to be met in order to grant a permit; adds exemptions for Temporary emission source and Secondary emissions;
and clarifies the requirements of the States NNSR regulations, in regards to major sources and major modifications of PM10.
As part of the changes to Section C, South Carolina includes two new paragraphs, C1d and e. Paragraph C1d adds as a condition for a permit approval, for the source to obtain a positive net air quality benefit in the affected area, as determined by 40 CFR
part 51, Appendix S. Paragraph C1e adds a condition for the source to carry out an alternative sites analysis in order to demonstrate that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.
Under new paragraphs C2 and C3, South Carolina adds new exemptions for Temporary emissions sources and Secondary emissions.
The exemption for Temporary emissions source does not exempt temporary sources, defined by the State as plants or facilities that will be relocated outside the nonattainment area after a short period of time, from obtaining a permit. This change exempts these types of sources from meeting the requirements of paragraphs C1c and C1d, which require that the source obtain emissions reductions from other sources to offset the increase in
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emissions. The exemption for Secondary emissions states that if a source is subject to the NNSR regulation due to direct emissions from the source, the applicable conditions in paragraph C1 must also be met for secondary emissions; however, secondary emissions may be exempt from paragraphs C1a lowest achievable emissions rate and C1b compliance certification. EPA is proposing to approve the addition of paragraphs C2 and C3 because they are consistent with the exemptions in Appendix S of 40 CFR part 51 and still require preconstruction review for temporary sources and sources subject to NNSR regulation due to direct emissions.11
Finally, the changes to Section C
include a clarification paragraph in regards to particulate matter PM10. In particular, paragraph C4 explains that the requirements of the States NNSR regulations, in regards to major sources and major modifications of PM10, would also apply to major sources and major modifications of PM10
precursors.
Under new Section D, Offset standards, South Carolina incorporates several paragraphs that were previously parts of former paragraph d of the States NNSR regulations. The SIP
revisions also adds new paragraphs throughout this section for consistency with the Federal offset provisions found at 40 CFR 51.165a3. New paragraphs D4, 5, 7, and 8 are consistent with federal requirements found in 40
CFR 51.165a3iiC, G, and J, all relating to the baseline for determining credit for emissions reductions.
In the April 24, 2020, SIP revisions, South Carolina adds new Sections H
through K to the States NNSR
regulations. Sections J and K only contain a Reserved note, to leave space for future updates. Sections H
and I include South Carolinas adoption of language related to interpollutant offsetting and banking of emission offsets, respectively. The language generally aligns with that of the Federal regulations at 40 CFR
51.165a3 and 11, as well as Appendix S to Part 51, but does not constitute a valid banking and trading program because it is missing some of the key elements that are required to ensure that these offsets are traded and banked correctly and utilizing permanent, quantifiable, and enforceable reductions.
11 South Carolinas SIP prohibits the issuance of any permit to construct or modify a source if emissions interfere with attainment or maintenance of any state or federal standard. See Regulation 61
62.1, Section II, Paragraph A.4.

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