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Electronic Code of Federal Regulations

e-CFR data is current as of November 13, 2019

Title 40Chapter ISubchapter CPart 52 → Subpart PP


Title 40: Protection of Environment
PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED)


Subpart PP—South Carolina


Contents
§52.2120   Identification of plan.
§52.2121   Classification of regions.
§52.2122   Approval status.
§52.2124   Legal authority.
§52.2125   Control strategy: Ozone.
§52.2126   VOC rule deficiency correction.
§§52.2127-52.2129   [Reserved]
§52.2130   Control strategy: Sulfur oxides and particulate matter.
§52.2131   Significant deterioration of air quality.
§52.2132   [Reserved]
§52.2133   General conformity.
§52.2134   Original identification of plan section.
§52.2140   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.2141   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?

§52.2120   Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State implementation plan (SIP) for South Carolina under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.

(b) Incorporation by reference. (1) Material listed in paragraphs (c) (Volume 1) and (d) (Volume 2) of this section with an EPA approval date prior to October 1, 2018, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) (Volume 1) and (d) (Volume 2) of this section with EPA approval dates after October 1, 2018, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1) of this section.

(3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta, GA 30303. To obtain the material, please call (404) 562-9022. You may inspect the material with an EPA approval date prior to October 1, 2018, for South Carolina at the National Archives and Records Administration. For information on the availability of this material at NARA go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

(c) EPA-Approved regulations.

EPA-Approved South Carolina Regulations

State citationTitle/subjectState
effective
date
EPA approval
date
Explanation
Regulation No. 62.1Definitions and General Requirements
Section IDefinitions8/25/20176/26/2018, 83 FR 29696
Section IIPermit Requirements6/24/20056/2/2008, 73 FR 31369
Section IIIEmission Inventory and Emissions Statement9/23/20165/31/2017, 82 FR 24853
Section IVSource Tests6/27/20148/21/2017, 82 FR 39537
Section VCredible Evidence6/27/20148/21/2017, 82 FR 39537
Regulation No. 62.2Prohibition of Open Burning12/27/20136/25/2018, 83 FR 29455
Regulation No. 62.3Air Pollution Episodes
Section IEpisode Criteria4/26/20138/21/2017, 82 FR 39541
Section IIEmission Reduction Requirements4/22/198810/3/1989, 54 FR 40659
Regulation No. 62.4Hazardous Air Pollution Conditions12/20/19781/29/1980, 45 FR 6572
Regulation No. 62.5Air Pollution Control Standards
Standard No. 1Emissions from Fuel Burning Operations
Section IVisible Emissions6/27/20146/25/2018, 83 FR 29455Except for subparagraph C “Special Provisions,” including those versions submitted by the State on July 18, 2011, and August 12, 2015. Therefore, subparagraph C retains the version that was state effective October 26, 2001.
Section IIParticulate Matter Emissions6/27/20146/25/2018, 83 FR 29455
Section IIISulfur Dioxide Emissions6/27/20146/25/2018, 83 FR 29455
Section IVOpacity Monitoring Requirements9/23/20166/25/2018, 83 FR 29455Except subparagraph B “Continuous Opacity Monitor Reporting Requirements,” including those versions submitted by the State on August 8, 2014, and August 12, 2015. Therefore, subparagraph B retains the version that was state effective September 28, 2012.
Section VExemptions5/24/198510/3/1989, 54 FR 40659
Section VIPeriodic Testing6/27/20146/25/2018, 83 FR 29455
Standard No. 2Ambient Air Quality Standards9/23/20166/29/2017, 82 FR 29418
Standard No. 4Emissions From Process Industries
Section IGeneral2/28/19862/17/1987, 52 FR 4772
Section IISulfuric Acid Manufacturing6/27/20146/25/2018, 83 FR 29455
Section IIIKraft Pulp and Paper Manufacturing Plants6/27/20146/25/2018, 83 FR 29455
Section VCotton Gins6/27/20146/25/2018, 83 FR 29455
Section VIHot Mix Asphalt Manufacturing5/24/198510/3/1989, 54 FR 40659
Section VIIMetal Refining2/28/19862/17/1987, 52 FR 4772
Section VIIIOther Manufacturing6/24/20166/25/2018, 83 FR 29455
Section IXVisible Emissions4/22/19887/2/1990, 55 FR 27226
Section XNon-Enclosed Operations4/22/19887/2/1990, 55 FR 27226
Section XITotal Reduced Sulfur Emissions of Kraft Pulp Mills6/27/20146/25/2018, 83 FR 29455
Section XIIPeriodic Testing6/24/20166/25/2018, 83 FR 29455
Standard No. 5Volatile Organic Compounds
Section IGeneral Provisions
Part ADefinitions4/26/20138/16/2017, 82 FR 38825
Part BGeneral Applicability10/26/20015/7/2002, 67 FR 30594
Part CAlternatives and Exceptions to Control Requirements10/26/20015/7/2002, 67 FR 30594
Part DCompliance Schedules10/26/20015/7/2002, 67 FR 30594
Part EVolatile Organic Compound Compliance Testing6/26/19988/10/2004, 69 FR 48395
Part FRecordkeeping, Reporting, Monitoring10/26/20015/7/2002, 67 FR 30594
Part GEquivalency Calculations4/26/20138/16/2017, 82 FR 38825
Section IIProvisions for Specific Sources
Part ASurface Coating of Cans11/27/20158/16/2017, 82 FR 38825
Part BSurface Coating of Coils11/27/20158/16/2017, 82 FR 38825
Part CSurface Coating of Paper, Vinyl, and Fabric8/24/19902/4/1992, 57 FR 4158
Part DSurface Coating of Metal Furniture and Large Appliances8/24/19902/4/1992, 57 FR 4158
Part ESurface Coating of Magnet Wire10/26/20015/7/2002, 67 FR 30594
Part FSurface Coating of Miscellaneous Metal Parts and Products10/26/20015/7/2002, 67 FR 30594
Part GSurface Coating of Flat Wood Paneling2/25/198310/31/1983, 48 FR 50078
Part HGraphic Arts—Rotogravure Flexography2/25/198310/31/1983, 48 FR 50078
Part NSolvent Metal Cleaning10/26/20015/7/2002, 67 FR 30594
Part OPetroleum Liquid Storage in Fixed Roof Tanks2/25/198310/31/1983, 48 FR 50078
Part PPetroleum Liquid Storage in External Floating Roof Tanks2/25/198310/31/1983, 48 FR 50078
Part QManufacture of Synthesized Pharmaceutical Products4/26/20138/16/2017, 82 FR 38825
Part RManufacture of Pneumatic Rubber Tires2/25/198310/31/1983, 48 FR 50078
Part SCutback Asphalt6/13/197912/16/1981, 46 FR 61268
Part TBulk Gasoline Terminals and Vapor Collection Systems2/25/198310/31/1983, 48 FR 50078
Standard No. 5.2Control of Oxides of Nitrogen (NOX)6/25/20048/26/2005, 70 FR 50195
Standard No. 7Prevention of Significant Deterioration8/25/20172/13/2019, 84 FR 3707The SIP does not include the August 25, 2017 state-effective version of Standard No. 7, paragraphs (b)(32)(i)(a), (b)(32)(iii)(b)(t), and (i)(1)(vii)(t). Instead, the SIP includes the June 25, 2005 state-effective version of these paragraphs, conditionally approved by EPA on June 2, 2008, and fully approved on June 23, 2011.
   The SIP does not include Standard No. 7, paragraphs (b)(30)(v) and (b)(34)(iii)(d) because the state withdrew these paragraphs from EPA's consideration for approval on December 20, 2016.
   The SIP does not include the August 25, 2017 state-effective version of Standard No. 7, paragraph (b)(34)(iii)(c) because the state withdrew the August 25, 2017 state-effective version of this paragraph from EPA's consideration for approval on June 27, 2017. Instead, the SIP includes the June 25, 2005 state-effective version of this paragraph conditionally approved by EPA on June 2, 2008, and fully approved on June 23, 2011.
Standard No. 7.1Nonattainment New Source Review11/27/20158/10/2017, 82 FR 37299The SIP does not include the November 27, 2015 state-effective version of Standard No. 7.1, paragraphs (c)7(C)(xx) and (e)(T). Instead, the SIP includes the June 25, 2005 state-effective version of these paragraphs, conditionally approved by EPA on June 2, 2008, and fully approved on June 23, 2011.
Regulation No. 62.6Control of Fugitive Particulate Matter
Section IControl of Fugitive Particulate Matter in Non-Attainment Areas11/27/20158/21/2017, 82 FR 39541
Section IIControl of Fugitive Particulate Matter in Problem Areas5/24/198510/3/1989, 54 FR 40659
Section IIIControl of Fugitive Particulate Matter Statewide12/27/20138/21/2017, 82 FR 39541
Section IVEffective Date5/24/198510/3/1989, 54 FR 40659
Regulation No. 62.7Good Engineering Practice Stack Height
Section IGeneral5/23/19865/28/1987, 52 FR 19858
Section IIApplicability5/23/19865/28/1987, 52 FR 19858
Section IIIDefinitions and Conditions5/23/19865/28/1987, 52 FR 19858
Section IVPublic Participation5/23/19865/28/1987, 52 FR 19858
Regulation No. 62.96Nitrogen Oxides (NOX) and Sulfur Dioxide (SO2) Budget Trading Program General Provisions10/24/200810/16/2009, 74 FR 53167
Regulation No. 62.97Cross-State Air Pollution Rule (CSAPR) Trading Program8/25/201710/13/2017, 82 FR 47936
Regulation No. 62.99Nitrogen Oxides (NOX) Budget Program Requirements for Stationary Sources Not in the Trading Program5/24/20026/28/2002, 67 FR 43546
S.C. Code Ann.Ethics Reform Act
Section 8-13-100(31)Definitions1/1/19928/1/2012, 77 FR 45492
Section 8-13-700(A) and (B)Use of official position or office for financial gain; disclosure of potential conflict of interest1/1/19928/1/2012, 77 FR 45492
Section 8-13-730Membership on or employment by regulatory agency of person associated with regulated business1/1/19928/1/2012, 77 FR 45492

(d) EPA-Approved State source-specific requirements.

EPA-Approved South Carolina State Source-Specific Requirements

Name of sourcePermit No.State
effective
date
EPA approval
date
Comments
Transcontinental Gas Pipeline Corporation Station 1402060-0179-CD4/27/20044/23/2009, 74 FR 18471This permit is incorporated in fulfillment of the NOX SIP Call Phase II requirements for South Carolina.

(e) EPA-approved South Carolina non-regulatory provisions.

ProvisionState effective dateEPA approval dateExplanation
Cherokee County Ozone Attainment Demonstration and Ten-year Maintenance Plan6/26/199812/18/1998, 63 FR 70019
Cherokee County Ozone Ten Year Maintenance Plan1/31/20024/26/2002, 67 FR 20647
Transportation Conformity10/24/20031/29/2004, 69 FR 4245
Attainment Demonstration for the Appalachian, Catawba, Pee Dee, Waccamaw, Santee Lynches, Berkeley-Charleston-Dorchester, Low Country, Lower Savannah, Central Midlands, and Upper Savannah Early Action Compact Areas6/25/20048/26/2005, 70 FR 50195
South Carolina Transportation Conformity Air Quality Implementation Plan11/19/20087/28/2009, 74 FR 37168
Cherokee County 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard12/13/20077/31/2009, 74 FR 26099
South Carolina 110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standards12/13/200707/13/2011, 76 FR 41111For the 1997 8-hour ozone NAAQS.
Applicability of Reasonably Available Control Technology for the Portion of York County, South Carolina8/31/200711/28/11
76 FR 72844
Demonstration for Bowater Coated Paper Division; for Cytec Carbon Fibers; and for Georgia-Pacific—Catawba Hardboard Plant.
Negative Declaration for Applicability of Groups I Control Techniques Guidelines for York County, South Carolina8/31/200711/28/11
76 FR 72844
Applicable to the 1997 8-hour Ozone boundary in York County only (Rock Hill-Fort Mill Area Transportation Study Metropolitan Planning Organization Area).
Negative Declaration for Applicability of Group II Control Techniques Guidelines for York County, South Carolina8/31/200711/28/11
76 FR 72844
Applicable to the 1997 8-hour Ozone boundary in York County only (Rock Hill-Fort Mill Area Transportation Study Metropolitan Planning Organization Area).
Negative Declaration for Applicability of Group III Control Techniques Guidelines for York County, South Carolina2/23/200911/28/11
76 FR 72844
Applicable to the 1997 8-hour Ozone boundary in York County only (Rock Hill-Fort Mill Area Transportation Study Metropolitan Planning Organization Area).
Negative Declaration for Applicability of Group IV Control Techniques Guidelines for York County, South Carolina7/7/200911/28/11
76 FR 72844
Applicable to the 1997 8-hour Ozone boundary in York County only (Rock Hill-Fort Mill Area Transportation Study Metropolitan Planning Organization Area).
South Carolina portion of bi-state Charlotte; 1997 8-Hour Ozone 2002 Base Year Emissions Inventory4/29/201005/18/2012, 77 FR 29540Applicable to the 1997 8-hour Ozone boundary in York County only (Rock Hill-Fort Mill Area Transportation Study Metropolitan Planning Organization Area).
Regional haze plan12/17/20076/28/201277 FR 38509.
South Carolina portion of bi-state Charlotte; 1997 8-Hour Ozone Emissions Statement4/29/20106/25/2012, 77 FR 37815Applicable to the 1997 8-hour Ozone boundary in York County only (Rock Hill-Fort Mill Area Transportation Study Metropolitan Planning Organization Area).
110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air Quality Standards4/14/20088/1/2012, 77 FR 45494
110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air Quality Standards9/18/20098/1/2012, 77 FR 45494
110(a)(1) and (2) Infrastructure Requirements for 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards Elements 110(a)(1) and (2) (E)(ii) and (G)4/3/20128/1/2012, 77 FR 45494
110(a)(2)(D)(i)(I) Infrastructure Requirements for the 2006 24-hour PM2.5 NAAQS9/18/200910/11/2012, 77 FR 61727EPA partially disapproved this SIP submission to the extent that it relied on the Clean Air Interstate Rule to meet the 110(a)(2)(D)(i)(I) requirements for the 2006 24-hour PM2.5 NAAQS.
York County 1997 8-hour ozone reasonable further progress plan08/31/0710/15/12, 77 FR 62454Original submission.
Update for York County 1997 8-hour ozone reasonable further progress plan4/29/1010/15/12, 77 FR 62454Original submission updated to include required 2008 VOC MVEB.
1997 8-hour ozone Maintenance Plan for the South Carolina portion of the bi-state Charlotte AreaJune 1, 201112/26/12, 77 FR 75862Applicable to the 1997 8-hour ozone boundary in York County only (Rock Hill-Fort Mill Area Transportation Study Metropolitan Planning Organization Area).
110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air Quality Standards4/14/20084/12/2013, 78 FR 21845Addressing element 110(a)(2)(D)(i)(II) prong 3 only
110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air Quality Standards9/18/20094/12/2013, 78 FR 21845Addressing element 110(a)(2)(D)(i)(II) prong 3 only
110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air Quality Standards4/14/20085/7/2014, 79 FR 26149Addressing prong 4 of section 110(a)(2)(D)(i) only.
110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air Quality Standards9/18/20095/7/2014, 79 FR 26149Addressing prong 4 of section 110(a)(2)(D)(i) only.
110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards7/17/20123/2/2015, 80 FR 11138With the exception of PSD permitting requirements for major sources of sections 110(a)(2)(C) and (J); interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II), and the visibility requirements of section 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS9/20/20113/18/2015
80 FR 14023
Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone NAAQS7/17/20123/18/2015
80 FR 14023
Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQS4/30/20143/18/2015
80 FR 14023
Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only.
2011 Base Year Emissions Inventory for the South Carolina portion of the bi-state Charlotte 2008 8-Hour Ozone Nonattainment Area8/22/20146/12/2015
80 FR 33417
110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone NAAQS7/17/20128/12/2015, 80 FR 48259Addressing the visibility requirements of 110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards9/20/20119/24/2015, 80 FR 57541With the exception of provisions pertaining to PSD permitting requirements in sections 110(a)(2)(C), prong 3 of D(i) and (J).
2008 8-hour ozone Maintenance Plan for the York County, South Carolina portion of the bi-state Charlotte Area4/17/201512/11/2015, 80 FR 76867
South Carolina Transportation Conformity Air Quality Implementation Plan10/23/20154/5/2016, 81 FR 19498
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS5/8/20145/24/2016, 81 FR 32652With the exception of interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4).
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS4/30/201409/16/2016, 81 FR 63705With the exception of sections 110(a)(2)(C), prong 3 of D(i), and (J) and sections 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4).
110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS12/14/20154/07/2017, 82 FR 16931With the exception of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2 and 4).
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS12/7/201610/3/2017, 82 FR 45995Addressing Prongs 1 and 2 of section 110(a)(2)(D)(i) only.
December 2012 Regional Haze Progress Report12/28/201210/12/2017, 82 FR 47393
110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS7/17/20129/24/2018, 83 FR 48239Addressing prong 4 of section 110(a)(2)(D)(i)(II) only.
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS4/30/20149/24/2018, 83 FR 48239Addressing prong 4 of section 110(a)(2)(D)(i)(II) only.
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS5/8/20149/24/2018, 83 FR 48239Addressing prong 4 of section 110(a)(2)(D)(i)(II) only.
110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS12/18/20159/24/2018, 83 FR 48239Addressing prong 4 of section 110(a)(2)(D)(i)(II) only.
Regional Haze Plan Revision9/5/20179/24/2018, 83 FR 48239
110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS12/14/20159/25/2018, 83 FR 48390Addressing Prongs 1 and 2 of section 110(a)(2)(D)(i)(I) only.
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS6/25/201810/10/2019, 84 FR 54502Addressing Prongs 1 and 2 of section 110(a)(2)(D)(i) only.

[62 FR 35444, July 1, 1997]

Editorial Note: For Federal Register citations affecting §52.2120, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§52.2121   Classification of regions.

The South Carolina plan was evaluated on the basis of the following classifications:

Air quality control regionPollutant
Particulate matterSulfur oxidesNitrogen dioxideCarbon monoxidePhotochemical oxidants (hydrocarbons)
Augusta (Georgia)-Aiken (South Carolina) InterstateIIIIIIIIIII
Metropolitan Charlotte InterstateIIIIIIIIII
Camden-Sumter IntrastateIIIIIIIIIIIIII
Charleston IntrastateIIIIIIIIIII
Columbia IntrastateIIIIIIIIIIIIII
Florence IntrastateIIIIIIIIIIIIIII
Georgetown IntrastateIIIIIIIIIIIIII
Greenville-Spartanburg IntrastateIIIIIIIIIIIII
Greenwood IntrastateIIIIIIIIIIIIIII
Savannah (Georgia)-Beaufort (South Carolina) InterstateIIIIIIIIIII

§52.2122   Approval status.

(a) With the exceptions set forth in this subpart, the Administrator approves South Carolina's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of part D, title 1, of the Clean Air Act as amended in 1977.

(b) EPA disapproved South Carolina's generic bubble regulation submitted for approval into the State Implementation Plan (SIP) on June 5, 1985.

(c)(1) Insofar as the Prevention of Significant Deterioration (PSD) provisions found in this subpart apply to stationary sources of greenhouse gas (GHGs) emissions, the Administrator approves that application only to the extent that GHGs are “subject to regulation”, as provided in this paragraph (c), and the Administrator takes no action on that application to the extent that GHGs are not “subject to regulation.”

(2) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

(i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or

(ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more; and,

(3) Beginning July 1, 2011, in addition to the provisions in paragraph (c)(2) of this section, the pollutant GHGs shall also be subject to regulation:

(i) At a new stationary source that will emit or have the potential to emit 100,000 tpy CO2e; or

(ii) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO2e or more.

(4) For purposes of this paragraph (c)—

(i) The term greenhouse gas shall mean the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

(ii) The term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as follows:

(A) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of 40 CFR part 98—Global Warming Potentials.

(B) Sum the resultant value from paragraph (c)(4)(ii)(A) of this section for each gas to compute a tpy CO2e.

(iii) The term emissions increase shall mean that both a significant emissions increase (as calculated using the procedures in South Carolina Air Pollution Control Regulations and Standards (South Carolina Regulations) 61-62.5, Standard No. 7, paragraph (a)(2)(iv)) and a significant net emissions increase (as defined in South Carolina Air Pollution Control Regulations and Standards (South Carolina Regulations) 61-62.5, Standard No. 7, paragraphs (b)(34) and (b)(49)(i)) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2e instead of applying the value in South Carolina Air Pollution Control Regulations and Standards (South Carolina Regulations) 61-62.5, Standard No. 7, paragraph (b)(49)(ii).

(d) Regulation 61-62.5 Standard No. 7—This regulation (submitted on July 1, 2005) includes two portions of EPA's 2002 NSR Reform Rules that were vacated by the D.C. Circuit Court—Pollution Control Projects (PCPs) and clean units. As a result, EPA is disapproving all rules and/or rule sections in the South Carolina PSD rules referencing clean units or PCPs. Specifically, the following South Carolina rules are being disapproved: (a)(2)(iv)(e); (a)(2)(iv)(f) (second sentence only); (a)(2)(vi); (b)(12); (b)(30)(iii)(h); (b)(34)(iii)(b); (b)(34)(vi)(d); (b)(35); (r)(6)—only the reference to the term “clean unit” is being disapproved. The remainder of this regulatory provision is being approved); (r)(7)—only the reference to the term “clean unit” is being disapproved. The remainder of this regulatory provision is being approved); (x); (y) and (z).

(e) Regulation 61-62.5 Standard No. 7.1—EPA is disapproving two provisions of South Carolina's NNSR program (submitted on July 1, 2005) that relate to provisions that were vacated from the federal program by the United States Court of Appeals for the District of Columbia Circuit on June 24, 2005. The two provisions vacated from the federal rules pertain to Pollution Control Projects (PCPs) and clean units. The PCP and clean unit references are severable from the remainder of the NNSR program. Specifically, the following sections of South Carolina Regulation 61-62.5 Standard No. 7.1 are being disapproved: (b)(5); (b)(6)—Second sentence only; (b)(8); (c)(4); (c)(6)(C)(viii); (c)(8)(C)(iii); (c)(8)(E)(v); (c)(10); (d)(1)(C)(ix); (d)(1)(C)(x); (d)(3)—Only the reference to the term “clean unit” is being disapproved. The remainder of this regulatory provision is being approved; (d)(4)—Only the reference to the term “clean unit” is being disapproved. The remainder of this regulatory provision is being approved; (f); (g) and (h). These disapprovals were amended in 73 FR 31371, (June 2, 2008)

[45 FR 6575, Jan. 29, 1980, as amended at 60 FR 12702, Mar. 8, 1995; 75 FR 82560, Dec. 30, 2010; 76 FR 36879, June 23, 2011; 79 FR 30051, May 27, 2014]

§52.2124   Legal authority.

(a)-(c) [Reserved]

(d) The requirements of §51.230(d) of this chapter are not met since statutory authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate.

[37 FR 10892, May 31, 1972, as amended at 39 FR 7284, Feb. 25, 1974; 41 FR 10065, Mar. 9, 1976; 51 FR 40676, Nov. 7, 1986]

§52.2125   Control strategy: Ozone.

(a) Determination of attaining data. EPA has determined, as of November 15, 2011, the bi-state Charlotte-Gastonia-Rockhill, North Carolina-South Carolina nonattainment area has attaining data for the 1997 8-hour ozone NAAQS. This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standards for as long as this area continues to meet the 1997 8-hour ozone NAAQS.

(b) Based upon EPA's review of the air quality data for the 3-year period 2008-2010, EPA determined that the Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina, 1997 8-hour ozone nonattainment Area attained the 1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 2011. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2) to determine, based on the Area's air quality as of the attainment date, whether the Area attained the standard. EPA also determined that the Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina, 1997 8-hour ozone nonattainment Area is not subject to the consequences of failing to attain pursuant to section 181(b)(2).

(c) Determination of attainment. The EPA has determined, as of June 3, 2016, that based on 2012 to 2014 ambient air quality data, the Charlotte-Rock Hill, NC-SC 2008 ozone Marginal nonattainment area has attained the 2008 ozone NAAQS. Therefore, the EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality data as of the attainment date, whether the area attained the standard. The EPA also determined that the Charlotte-Rock Hill, NC-SC nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 181(b)(2)(A).

[76 FR 70660, Nov. 15, 2011, as amended at 77 FR 13494, Mar. 7, 2012; 81 FR 26710, May 4, 2016]

§52.2126   VOC rule deficiency correction.

Sections I and II of South Carolina's Regulations 62.1 and 62.5 is approved. The State submitted these regulations to EPA for approval on September 18, 1990. Sections I and II of Regulation 62.5 were intended to correct deficiencies cited in a letter calling for the State to revise its SIP for ozone from Mr. Greer C. Tidwell, the EPA Regional Administrator, to Governor Carroll A. Campbell on May 26, 1988, and clarified in a letter from Mr. Winston A. Smith, EPA Region IV, Air, Pesticides and Toxics Management Division, to Mr. Otto E. Pearson, former Director of the South Carolina Department of Health and Environmental Control:

(a) South Carolina's VOC regulations contain no method for determining capture efficiency. This deficiency must be corrected after EPA publishes guidance on the methods for determining capture efficiency before the SIP for ozone can be fully approved.

(b) [Reserved]

[57 FR 4161, Feb. 4, 1992, as amended at 59 FR 17937, Apr. 15, 1994]

§§52.2127-52.2129   [Reserved]

§52.2130   Control strategy: Sulfur oxides and particulate matter.

In letters dated May 7, and December 2, 1986, the South Carolina Department of Health and Environmental Control certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. This certification does not apply to Public Service Authority—Winyah, Bowater, and SCE & G—Williams.

[79 FR 30051, May 27, 2014]

§52.2131   Significant deterioration of air quality.

(a)-(b) [Reserved]

(c) All applications and other information required pursuant to §52.21 from sources located in the State of South Carolina shall be submitted to the State agency, South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, South Carolina 29201, rather than to EPA's Region 4 office.

[42 FR 4124, Jan. 24, 1977, as amended at 47 FR 6018, Feb. 10, 1982; 74 FR 55143, Oct. 27, 2009]

§52.2132   [Reserved]

§52.2133   General conformity.

The General Conformity regulations adopted into the South Carolina State Implementation Plan which were submitted on November 8, 1996. South Carolina incorporated by reference regulations 40 CFR part 51, subpart W—determining conformity of General Federal Actions to State or Federal Implementation Plans.

[62 FR 32538, June 16, 1997]

§52.2134   Original identification of plan section.

(a) This section identified the original “Air Implementation Plan for the State of South Carolina” and all revisions submitted by South Carolina that were federally approved prior to July 1, 1997. The information in this section is available in the 40 CFR, part 52 edition revised as of July 1, 1999, the 40 CFR, part 52, Volume 2 of 2 (§§52.1019 to End) editions revised as of July 1, 2000 through July 1, 2011, and the 40 CFR, part 52, Volume 3 of 3 (§§52.2020 to End) editions revised as of July 1, 2012.

(b)-(c) [Reserved]

[79 FR 30051, May 27, 2014]

§52.2140   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?

(a)(1) The owner and operator of each source and each unit located in the State of South Carolina and Indian country within the borders of the State and for which requirements are set forth under the CSAPR NOX Annual Trading Program in subpart AAAAA of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements with regard to sources and units in the State will be eliminated by the promulgation of an approval by the Administrator of a revision to South Carolina's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under §52.38(a) for those sources and units, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the Administrator of a revision to South Carolina's SIP.

(2) Notwithstanding the provisions of paragraph (a)(1) of this section, if, at the time of the approval of South Carolina's SIP revision described in paragraph (a)(1) of this section, the Administrator has already started recording any allocations of CSAPR NOX Annual allowances under subpart AAAAA of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart AAAAA of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR NOX Annual allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

(b)(1) The owner and operator of each source and each unit located in the State of South Carolina and Indian country within the borders of the State and for which requirements are set forth under the CSAPR NOX Ozone Season Group 1 Trading Program in subpart BBBBB of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2015 and 2016.

(2)[Reserved]

[76 FR 48373, Aug. 8, 2011, as amended at 81 FR 74586, 74600, Oct. 26, 2016]

§52.2141   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?

(a) The owner and operator of each source and each unit located in the State of South Carolina and Indian country within the borders of the State and for which requirements are set forth under the CSAPR SO2 Group 2 Trading Program in subpart DDDDD of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements with regard to sources and units in the State will be eliminated by the promulgation of an approval by the Administrator of a revision to South Carolina's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under §52.39 for those sources and units, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the Administrator of a revision to South Carolina's SIP.

(b) Notwithstanding the provisions of paragraph (a) of this section, if, at the time of the approval of South Carolina's SIP revision described in paragraph (a) of this section, the Administrator has already started recording any allocations of CSAPR SO2 Group 2 allowances under subpart DDDDD of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart DDDDD of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR SO2 Group 2 allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

[76 FR 48373, Aug. 8, 2011, as amended at 81 FR 74586, 74600, Oct. 26, 2016; 82 FR 45496, Sept. 29, 2017]

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