Air Plan Approval; SC; Infrastructure Requirements for the 2012 PM2.5, 16930-16932 [2017-06898]
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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
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[FR Doc. 2017–06877 Filed 4–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0429; FRL–9960–92–
Region 4]
Air Plan Approval; SC; Infrastructure
Requirements for the 2012 PM2.5
National Ambient Air Quality Standard
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of the State
Implementation Plan (SIP) submission,
submitted by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (SC DHEC), on
December 18, 2015, to demonstrate that
the State meets the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2012 Annual Fine
Particulate Matter (PM2.5) national
ambient air quality standard (NAAQS).
The CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. SC DHEC certified
that the South Carolina SIP contains
provisions that ensure the 2012 Annual
PM2.5 NAAQS is implemented,
enforced, and maintained in South
Carolina. EPA has determined that
portions of South Carolina’s SIP satisfy
certain required infrastructure elements
for the 2012 Annual PM2.5 NAAQS.
DATES: This rule is effective May 8,
2017.
ADDRESSES: EPA has established a
docket for this action under Docket
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SUMMARY:
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EPA approval date
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Explanation
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LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START-UPS, AND SHUTDOWNS
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State effective
date
Title/subject
Jkt 241001
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4/7/2017, [insert Federal Register
citation].
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11/11/1997
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Identification No. EPA–R04–OAR–
2014–0429. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Bell
can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at
(404) 562–9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012 (78 FR 3086,
January 15, 2013), EPA promulgated a
revised primary annual PM2.5 NAAQS.
The standard was strengthened from
15.0 micrograms per cubic meter (mg/
m3) to 12.0 mg/m3. Pursuant to section
110(a)(1) of the CAA, States are required
to submit SIPs meeting the applicable
requirements of section 110(a)(2) within
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three years after promulgation of a new
or revised NAAQS or within such
shorter period as EPA may prescribe.
Section 110(a)(2) requires states to
address basic SIP elements such as
requirements for monitoring, basic
program requirements and legal
authority that are designed to assure
attainment and maintenance of the
NAAQS. States were required to submit
such SIPs for the 2012 Annual PM2.5
NAAQS to EPA no later than December
14, 2015.
In a proposed rulemaking published
August 23, 2016 (81 FR 57509), EPA
proposed to approve portions of South
Carolina’s December 18, 2015, SIP
submission for the 2012 Annual PM2.5
NAAQS, with the exception of the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs
1, 2, and 4), for which EPA did not
propose any action. On August 22, 2016
(81 FR 56512) EPA conditionally
approved South Carolina’s December
18, 2015, infrastructure SIP submission
regarding prong 4 of D(i) for the 2012
Annual PM2.5 NAAQS. Therefore, EPA
is not taking any action today pertaining
to prong 4. With respect to the interstate
transport requirements of section
110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA
will consider these requirements in
relation to South Carolina’s 2012
Annual PM2.5 NAAQS infrastructure
submission in a separate rulemaking.
The details of South Carolina
submission and the rationale for EPA’s
actions for this final rule are explained
in the August 23, 2016, proposed
rulemaking. Comments on the proposed
rulemaking were due on or before
September 22, 2016. EPA did not
receive any comments, adverse or
otherwise.
II. Final Action
With the exception of the interstate
transport requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
and 4), EPA is taking final action to
approve South Carolina’s infrastructure
submission for the 2012 Annual PM2.5
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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
NAAQS. EPA notes that the Agency is
not approving any specific rule, but
rather approving that South Carolina’s
already approved SIP meets certain
CAA requirements. EPA is taking final
action to approve portions of South
Carolina’s infrastructure SIP submission
for the 2012 Annual PM2.5 NAAQS
because it is consistent with section 110
of the CAA.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed action for
the state of South Carolina does not
have Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). The Catawba Indian
Nation Reservation is located within the
State of South Carolina. Pursuant to the
Catawba Indian Claims Settlement Act,
South Carolina statute 27–16–120, ‘‘all
state and local environmental laws and
regulations apply to the [Catawba Indian
Nation] and Reservation and are fully
enforceable by all relevant state and
local agencies and authorities.’’
However, EPA has determined that this
rule does not have substantial direct
effects on an Indian Tribe because this
action is not approving any specific
rule, but rather approving that South
Carolina’s already approved SIP meets
certain CAA requirements. EPA notes
this action will not impose substantial
direct costs on Tribal governments or
preempt Tribal law.
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 action 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
16931
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 6, 2017. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action 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, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart PP—South Carolina
2. Section 52.2120(e) is amended by
adding an entry for ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
■
§ 52.2120
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EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS
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Provision
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110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS.
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the
exception
of
section
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2
and 4).
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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
[FR Doc. 2017–06898 Filed 4–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0781; FRL–9960–96Region 5]
Air Plan Approval; Ohio; Removal of
Gasoline Volatility Requirements in the
Cincinnati and Dayton Areas; Update
on the Boutique Fuel List for Illinois
and Ohio
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Ohio Environmental
Protection Agency (Ohio EPA) on
December 19, 2016, concerning the
state’s gasoline volatility standards in
the Cincinnati and Dayton areas. The
revision removes the 7.8 pounds per
square inch (psi) low Reid Vapor
Pressure (RVP) fuel requirements for the
two areas as a component of the Ohio
ozone SIP. The submittal also includes
a section 110(l) demonstration as
required by the Clean Air Act (CAA)
that addresses emissions impacts
associated with the removal of the
program. EPA proposed to approve the
state’s submittal on February 15, 2017.
DATES: This final rule is effective on
April 7, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0781. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either through
https://www.regulations.gov, or please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional availability information.
FOR FURTHER INFORMATION CONTACT:
Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6061,
acevedo.francisco@epa.gov.
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SUMMARY:
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I. What is being addressed by this
document?
On February 15, 2017, at 82 FR 10727,
EPA proposed to approve the removal of
the 7.8 psi RVP fuel requirements under
OAC 3745–72–1 to 8 from the Ohio
ozone SIP before the beginning of the
2017 ozone control period. The 7.8 psi
RVP fuel requirements specifically
apply to gasoline distributed in the
Cincinnati and Dayton areas in Ohio.
To support the removal of the 7.8 psi
RVP fuel program requirements from the
SIP, the revision included amendments
of OAC 3745–72–01 (Applicability), as
effective on August 1, 2016; a summary
of the Ohio-specific analyses using
EPA’s Motor Vehicle Emissions
Simulator (MOVES) model to quantify
the emissions impact associated with
removing the 7.8 psi RVP fuel program
in Cincinnati and Dayton; and a section
110(l) demonstration that includes offset
emissions documentation.
II. What comments did we receive on
the proposed SIP revision?
Our February 15, 2017, proposed rule
provided a 30-day review and comment
period. The comment period closed on
March 17, 2017. EPA received
comments from three parties during the
public comment period. One comment
was fully supportive of this action. A
second comment received was
completely outside of the scope of this
action and therefore is not being
addressed as part of this final action. We
are responding to the remaining
comments received.
Comment: The commenter asks how
the proposed standards compare to the
standards of other states. The
commenter further asks whether there
are other states who have undergone
similar changes, and if so what was the
long-term effect of such changes.
Response: Information on areas where
EPA has approved requests to remove
the requirement to use low RVP gasoline
from a state SIP, such as the states of
Georgia and Illinois, can be found on
EPA’s Web site at the following
location: (https://www.epa.gov/gasolinestandards/gasoline-reid-vaporpressure). It also contains a state-bystate RVP table that lists and compares
all current federally required volatility
programs, as well as all EPA-approved
SIP fuel programs.
Regarding the long-term effect of such
changes, any SIP revision submitted to
EPA for consideration needs to include
a demonstration of non-interference
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with the National Ambient Air Quality
Standards (NAAQS) under section
110(l) of the CAA to ensure that impacts
on the NAAQS are considered.
Individual rulemakings on each action
are published in the Federal Register
and would contain specific emissions
impacts for each of the situations.
Comment: The commenter is seeking
EPA’s concurrence that the unused
emission reduction credits outlined in
our action and generated in the greater
Cincinnati, Ohio area can be used to
satisfy the emission reductions that
must be shown to demonstrate
noninterference as part of a future SIP
revision removing Reformulated
Gasoline requirements in northern
Kentucky.
Response: EPA is not taking a position
on the use of credits in a future action
since such issue is outside the scope of
this action. Any subsequent use of
emission reduction credits outlined in
our action should be coordinated
between Ohio and Kentucky when a
request to adjust requirements is made.
III. What action is EPA taking?
EPA is approving a SIP revision
submitted by Ohio EPA on December
19, 2016, removing the state’s 7.8 psi
RVP fuel requirement for gasoline
distributed in the Cincinnati and Dayton
areas. The SIP revision also includes a
section 110(l) demonstration that uses
emissions credits from industrial
facilities that have shut down or
permanently reduced emissions in
Dayton and Cincinnati to offset
potential increases in emissions
resulting from removing the state’s 7.8
psi RVP fuel requirements. Upon
approval of this SIP revision, 3.51 tons
per year (tpy) of volatile organic
compound (VOC) emissions credits
from the Miami Valley Publishing
Company facility, 4.86 tpy of VOC from
the National Oilwell Varco facility,
40.50 tpy of oxides of nitrogen (NOX)
from the MillerCoors LLC facility and
21.72 tpy of NOX from the WrightPatterson Air Force Base facility will be
permanently retired. This action is
effective on April 7, 2017. EPA is
approving Ohio’s removal of the 7.8 psi
RVP fuel requirement as a component of
the Ohio ozone SIP because EPA has
found that that removal of the 7.8 psi
RVP fuel requirements would not
interfere with attainment or
maintenance of any of the National
Ambient Air Quality Standards in the
Cincinnati and Dayton areas and would
not interfere with any other applicable
requirement of the CAA, and thus, are
approvable under CAA section 110(l).
EPA also finds that there is good cause
for this action to become effective
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]]>Agencies
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16930-16932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06898]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0429; FRL-9960-92-Region 4]
Air Plan Approval; SC; Infrastructure Requirements for the 2012
PM2.5 National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of the State Implementation Plan (SIP)
submission, submitted by the State of South Carolina, through the South
Carolina Department of Health and Environmental Control (SC DHEC), on
December 18, 2015, to demonstrate that the State meets the
infrastructure requirements of the Clean Air Act (CAA or Act) for the
2012 Annual Fine Particulate Matter (PM2.5) national ambient
air quality standard (NAAQS). The CAA requires that each state adopt
and submit a SIP for the implementation, maintenance and enforcement of
each NAAQS promulgated by EPA, which is commonly referred to as an
``infrastructure'' SIP. SC DHEC certified that the South Carolina SIP
contains provisions that ensure the 2012 Annual PM2.5 NAAQS
is implemented, enforced, and maintained in South Carolina. EPA has
determined that portions of South Carolina's SIP satisfy certain
required infrastructure elements for the 2012 Annual PM2.5
NAAQS.
DATES: This rule is effective May 8, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0429. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Bell can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at (404) 562-9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012 (78 FR 3086, January 15, 2013), EPA
promulgated a revised primary annual PM2.5 NAAQS. The
standard was strengthened from 15.0 micrograms per cubic meter ([mu]g/
m\3\) to 12.0 [mu]g/m\3\. Pursuant to section 110(a)(1) of the CAA,
States are required to submit SIPs meeting the applicable requirements
of section 110(a)(2) within three years after promulgation of a new or
revised NAAQS or within such shorter period as EPA may prescribe.
Section 110(a)(2) requires states to address basic SIP elements such as
requirements for monitoring, basic program requirements and legal
authority that are designed to assure attainment and maintenance of the
NAAQS. States were required to submit such SIPs for the 2012 Annual
PM2.5 NAAQS to EPA no later than December 14, 2015.
In a proposed rulemaking published August 23, 2016 (81 FR 57509),
EPA proposed to approve portions of South Carolina's December 18, 2015,
SIP submission for the 2012 Annual PM2.5 NAAQS, with the
exception of the interstate transport requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), for which EPA did not
propose any action. On August 22, 2016 (81 FR 56512) EPA conditionally
approved South Carolina's December 18, 2015, infrastructure SIP
submission regarding prong 4 of D(i) for the 2012 Annual
PM2.5 NAAQS. Therefore, EPA is not taking any action today
pertaining to prong 4. With respect to the interstate transport
requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA will
consider these requirements in relation to South Carolina's 2012 Annual
PM2.5 NAAQS infrastructure submission in a separate
rulemaking. The details of South Carolina submission and the rationale
for EPA's actions for this final rule are explained in the August 23,
2016, proposed rulemaking. Comments on the proposed rulemaking were due
on or before September 22, 2016. EPA did not receive any comments,
adverse or otherwise.
II. Final Action
With the exception of the interstate transport requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), EPA is taking
final action to approve South Carolina's infrastructure submission for
the 2012 Annual PM2.5
[[Page 16931]]
NAAQS. EPA notes that the Agency is not approving any specific rule,
but rather approving that South Carolina's already approved SIP meets
certain CAA requirements. EPA is taking final action to approve
portions of South Carolina's infrastructure SIP submission for the 2012
Annual PM2.5 NAAQS because it is consistent with section 110
of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed action for the state of South Carolina
does not have Tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). The Catawba Indian Nation Reservation
is located within the State of South Carolina. Pursuant to the Catawba
Indian Claims Settlement Act, South Carolina statute 27-16-120, ``all
state and local environmental laws and regulations apply to the
[Catawba Indian Nation] and Reservation and are fully enforceable by
all relevant state and local agencies and authorities.'' However, EPA
has determined that this rule does not have substantial direct effects
on an Indian Tribe because this action is not approving any specific
rule, but rather approving that South Carolina's already approved SIP
meets certain CAA requirements. EPA notes this action will not impose
substantial direct costs on Tribal governments or preempt Tribal law.
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 action 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 6, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: March 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PP--South Carolina
0
2. Section 52.2120(e) is amended by adding an entry for ``110(a)(1) and
(2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(e) * * *
EPA-Approved South Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
Provision effective date date notice Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 12/14/2015 04/07/2017 [Insert citation of With the exception of
Requirements for the 2012 Annual publication]. section
PM2.5 NAAQS. 110(a)(2)(D)(i)(I) and
(II) (prongs 1, 2 and
4).
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[FR Doc. 2017-06898 Filed 4-6-17; 8:45 am]
BILLING CODE 6560-50-P
