Air Plan Approval; SC: Miscellaneous Revisions to Multiple Rules, 39537-39541 [2017-17240]

Download as PDF Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone of limited size and duration. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A Record of Environmental Consideration is available in the docket for this rulemaking. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: navigable waters of Humboldt Bay within a 300 meter radius of position: 40°44′31″ N., 124°12′39″ W. (NAD83). (b) Enforcement period. The zone described in paragraph (a) of this section will be enforced from 8 a.m. until 4 p.m. on August 2, 2017 and from 8 a.m. until 4 p.m. on August 30, 2017. The Captain of the Port San Francisco (COTP) will notify the maritime community of periods during which this zone will be enforced via Broadcast Notice to Mariners in accordance with 33 CFR 165.7. (c) Definitions. As used in this section, ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer on a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the COTP in the enforcement of the safety zone. (d) Regulations. (1) Under the general regulations in 33 CFR part 165, subpart C, entry into, transiting or anchoring within this safety zone is prohibited unless authorized by the COTP or a designated representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or a designated representative. (3) Vessel operators desiring to enter or operate within the safety zone must contact the COTP or a designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or a designated representative. Persons and vessels may request permission to enter the safety zone through the 24-hour Command Center at telephone (415) 399–3547 or on VHF channel 16. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Dated: August 1, 2017. Anthony J. Ceraolo, Captain, U.S. Coast Guard, Captain of the Port San Francisco. 1. The authority citation for part 165 continues to read as follows: [FR Doc. 2017–17655 Filed 8–18–17; 8:45 am] ■ BILLING CODE 9110–04–P Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T11–867 to read as follows: sradovich on DSK3GMQ082PROD with RULES ■ § 165.T11–867 Safety Zone; PG&E Evolution, King Salmon, CA. (a) Location. This temporary safety zone is established for the navigable waters of Humboldt Bay in King Salmon, California as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18622. The safety zone will encompass the VerDate Sep<11>2014 17:32 Aug 18, 2017 Jkt 241001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2017–0387; FRL–9966–34– Region 4] Air Plan Approval; SC: Miscellaneous Revisions to Multiple Rules Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 39537 The Environmental Protection Agency (EPA) is taking direct final action to approve changes to the South Carolina State Implementation Plan (SIP) to revise several miscellaneous rules, covering definitions, source tests, credible evidence, open burning, air pollution episodes, and fugitive particulate matter. EPA is approving portions of SIP revisions submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC) on the following dates: July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and July 27, 2016. These actions are being taken pursuant to the Clean Air Act. DATES: This direct final rule is effective October 20, 2017 without further notice, unless EPA receives adverse comment by September 20, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2017–0387 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: D. Brad Akers, 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. Mr. Akers can be reached via telephone at (404) 562–9089 or via electronic mail at akers.brad@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\21AUR1.SGM 21AUR1 39538 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations I. What action is EPA taking? On July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and July 27, 2016, SC DHEC submitted SIP revisions to EPA for approval that involve changes to South Carolina’s SIP regulations to add definitions, make administrative and clarifying amendments, and correct typographical errors. These SIP submittals make changes to several air quality rules in South Carolina Code of Regulations Annotated (S.C. Code Ann. Regs.). The changes EPA is approving into the SIP in this action modify portions of Regulation 61–62.1 ‘‘Definitions and General Requirements’’ at Section I—‘‘Definitions,’’ Regulation 61–62.1, Section IV—‘‘Source Tests,’’ Regulation 61–62.1, Section V— ‘‘Credible Evidence.’’ EPA is also approving changes to Regulation 61– 62.2—‘‘Prohibition of Open Burning,’’ Regulation 61–62.3—‘‘Air Pollution Episodes’’ at Section I—‘‘Episode Criteria’’ and Regulation 61–62.6— ‘‘Control of Fugitive Particulate Matter’’ at Section I—‘‘Control of Fugitive Particulate Matter in Non-Attainment Areas’’ and Section III—‘‘Control of Fugitive Particulate Matter Statewide.’’ At this time, EPA is not acting on the changes detailed in Table 1 below. EPA will address all remaining changes to the South Carolina SIP as listed above in a separate action. TABLE 1—OTHER PORTIONS OF SOUTH CAROLINA SUBMITTALS Submittal Regulation Status July 18, 2011 ......................................................... July 18, 2011 ......................................................... July 18, 2011 ......................................................... July 18, 2011 ......................................................... July 18, 2011 ......................................................... June 17, 2013 ....................................................... June 17, 2013 ....................................................... June 17, 2013 ....................................................... April 10, 2014 ........................................................ August 8, 2014 ...................................................... August 8, 2014 ...................................................... Regulation Regulation Regulation Regulation Regulation Regulation Regulation Regulation Regulation Regulation Regulation 61–62.1, 61–62.5, 61–62.5, 61–62.5, 61–62.5, 61–62.1, 61–62.5, 61–62.5, 61–62.5, 61–62.1, 61–62.1, Section II ............................. Standard No. 1 ................... Standard No. 2 ................... Standard No. 4 ................... Standard No. 6 ................... Section II ............................. Standard No. 4 ................... Standard No. 5 ................... Standard No. 7 ................... Section II ............................. Section III ............................ August 8, 2014 ...................................................... August 8, 2014 ...................................................... January 20, 2016 .................................................. January 20, 2016 .................................................. January 20, 2016 .................................................. July 27, 2016 ......................................................... July 27, 2016 ......................................................... July 27, 2016 ......................................................... Regulation Regulation Regulation Regulation Regulation Regulation Regulation Regulation 61–62.5, 61–62.5, 61–62.1, 61–62.5, 61–62.5, 61–62.1, 61–62.5, 61–62.5, Standard No. 1 ................... Standard No. 4 ................... Section II ............................. Standard No. 5 ................... Standard No. 7.1 ................ Section II ............................. Standard No. 4 ................... Standard No. 5.2 ................ EPA will evaluate in a separate action. EPA will evaluate in a separate action. Approved April 3, 2013 (78 FR 19994). EPA will evaluate in a separate action. Not part of the SIP.1 EPA will evaluate in a separate action. EPA will evaluate in a separate action. EPA will evaluate in a separate action. EPA will evaluate in a separate action. EPA will evaluate in a separate action. Approved June 12, 2015 (80 FR 33413) and May 31, 2017 (82 FR 24851). EPA will evaluate in a separate action. Approved April 3, 2013 (78 FR 19994). EPA will evaluate in a separate action. EPA will evaluate in a separate action. EPA will evaluate in a separate action. EPA will evaluate in a separate action. EPA will evaluate in a separate action. EPA will evaluate in a separate action. South Carolina is amending its list of applicable definitions related to the regulation of air quality at Regulation 61–62.1, Section I—‘‘Definitions.’’ The July 18, 2011, submittal makes several changes to the definitions as follows: (1) Adds a definition for ‘‘CAA [Clean Air Act];’’ (2) adds definitions for ‘‘PM2.5,’’ or fine particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, and ‘‘PM2.5 emissions;’’ (3) revises the definition of ‘‘fugitive emissions’’ to match the federal definition at 40 CFR 51.165(a)(1)(ix), 40 CFR 51.166(b)(20), and 40 CFR 52.21(b)(20); and (4) makes other clarifying and administrative edits to definitions throughout the Section, including renumbering. The June 17, 2013, submittal further revises the definitions to make several administrative edits only. The April 10, 2014, submittal makes one revision to the definitions at Regulation 61–62.1, Section I.94.— ‘‘Volatile Organic Compound (VOC),’’ to add a compound to the list of compounds determined to have negligible photochemical reactivity and therefore exempted from being considered a VOC, consistent with the federal definition. This revision in the April 10, 2014, submittal is superseded by another revision to the definition of VOC at I.94. in the August 8, 2014, submittal. This submittal changes the format of the definition of VOC at I.99., renumbered from I.94., to incorporate by reference the list of compounds exempted from the federal definition by making an explicit reference to the federal definition at 40 CFR 51.100(s). The August 8, 2014, submittal goes on to revise Section I by: (1) Adding definitions for ‘‘Code of Federal Regulations (CFR),’’ ‘‘NAICS [North American Industrial Classification System] Code,’’ and ‘‘SIC [Standard Industrial Classification] Code;’’ and (2) making administrative changes throughout. Finally, the July 27, 2016, submittal makes subsequent revisions to Section I to add the definition of ‘‘emission’’ and makes administrative edits throughout. EPA has reviewed the changes made to South Carolina’s definitions and is approving the aforementioned changes to Regulation 61–62.1, Section I into the SIP pursuant to CAA section 110. 1 In its July 18, 2011, submittal, South Carolina is removing and reserving its program for setting alternative emission limits at Regulation 61–62.5, Standard No. 6 ‘‘Alternative Emission Limitation Options (Bubble).’’ This change is not presently before EPA because we rescinded the original approval of this regulation and disapproved a further revision to the regulation on March 8, 1995 (60 FR 12700). The 1995 action disapproving a SIP revision and rescinding approval of the adoption of the regulation into the SIP was based on EPA’s analysis that the rule did not meet EPA’s Emissions Trading Policy Statement, Economic Incentive Program rules, nor the CAA amendments of 1990, and a March 24, 1994, request for disapproval from SC DHEC. Therefore, Regulation 61–62.5, Standard No. 6 is no longer part of the federally approved SIP, and this revision to remove and reserve the existing regulation is not before EPA for consideration. However, on May 7, 2002, EPA inadvertently approved a revision to Regulation 61– 62.5, Standard No. 6 to correct typographical errors (67 FR 30594). This action was done in error since the original adoption of the Regulation was rescinded on March 8, 1995 (60 FR 12700). EPA will address the error and the incorporation by reference of Regulation 61–62.5, Standard No. 6 at 40 CFR 52.2120(c) in another action. II. Analysis of South Carolina’s Submittals sradovich on DSK3GMQ082PROD with RULES A. Regulation 61–62.1, Section I— ‘‘Definitions’’ VerDate Sep<11>2014 16:12 Aug 18, 2017 Jkt 241001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES B. Regulation 61–62.1, Section IV— ‘‘Source Tests’’ South Carolina is amending its rules covering source testing at Regulation 61–62.1, Section IV—‘‘Source Tests.’’ Federal implementing regulations at 40 CFR 51.212—‘‘Testing, inspection, enforcement, and complaints,’’ require, among other things, that the SIP must provide for ‘‘periodic testing and inspection of stationary sources.’’ The June 17, 2013, submittal revises the rule to make an administrative edit only. The August 8, 2014, submittal further revises the rule as follows: (1) Adds an additional requirement for sitespecific test plans to account for procedures for obtaining, analyzing, and reporting source test audit samples and results; (2) adds language to provide more prescriptive requirements for notifications of testing; (3) adds language to specify that where federal regulation requires specific certification for conducting source tests, the individuals conducting the tests will meet that requirement; (4) removes language stating SC DHEC would provide audit samples to sources for required audits; (5) adds language stating that sources must purchase samples from an audit sample provider where commercially available, and including procedures for the source audits, consistent with federal rulemakings on stationary source auditing; 2 (6) adds language to specify additional information required for the required source test report; and (7) makes administrative changes throughout the Section. EPA has reviewed the changes made to South Carolina’s rules for source testing and is approving the aforementioned changes to Regulation 61–62.1, Section IV into the SIP pursuant to CAA section 110. C. Regulation 61–62.1, Section V— ‘‘Credible Evidence’’ South Carolina is making a minor change to its rules covering credible evidence at Regulation 61–62.1, Section IV—‘‘Source Tests.’’ Federal implementing regulations at 40 CFR 51.212—‘‘Testing, inspection, enforcement, and complaints,’’ require, among other things, that the SIP must not ‘‘preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test or procedure had been performed.’’ 2 See EPA rulemakings on September 13, 2010 (75 FR 55636) and March 28, 2011 (76 FR 17288) for more details. VerDate Sep<11>2014 16:12 Aug 18, 2017 Jkt 241001 SC DHEC’s SIP-approved provisions at Regulation 61–62.1, Standard V clarify State authority for enforcement and compliance certification and asserts that credible evidence is data that may be used to determine compliance or noncompliance with applicable emission limits. The August 8, 2014, submittal revises the regulation to make an administrative edit for consistency in internal citations only. EPA has reviewed the changes made to South Carolina’s rules for credible evidence and is approving the aforementioned change to Regulation 61–62.1, Section V into the SIP pursuant to CAA section 110. D. Regulation 61–62.2—‘‘Prohibition of Open Burning’’ South Carolina is making a minor change to its rules covering open burning at Regulation 61–62.2— ‘‘Prohibition of Open Burning.’’ South Carolina’s SIP-approved regulation prohibits open burning except in limited circumstances. The April 10, 2014, submittal revises the regulation to make an administrative edit to a referenced manual only. EPA has reviewed the changes made to South Carolina’s rules for open burning and is approving the aforementioned change to Regulation 61–62.2 into the SIP pursuant to CAA section 110. E. Regulation 61–62.3—‘‘Air Pollution Episodes’’ South Carolina is making minor changes to its rules covering air pollution episodes at Regulation 61– 62.3—‘‘Air Pollution Episodes.’’ South Carolina’s SIP-approved regulation defines classifications of high air pollution for public notification and outlines emission reduction plans corresponding to the different classifications. The July 18, 2011 and June 17, 2013, submittals revise the regulation at Section I—‘‘Episode Criteria’’ to make administrative edits to formatting and correct a typographical error only. EPA has reviewed the changes made to South Carolina’s rules for air pollution episodes and is approving the aforementioned change to Regulation 61–62.3 into the SIP pursuant to CAA section 110. F. Regulation 61–62.6—‘‘Control of Fugitive Particulate Matter’’ South Carolina is making minor changes to its rules covering fugitive particulate matter at Regulation 61– 62.6—‘‘Control of Fugitive Particulate Matter.’’ South Carolina’s SIP-approved regulation describes procedures for properly controlling the release of fugitive particulate matter in PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 39539 nonattainment areas for particulate matter-related standards, in areas with ambient air quality concentrations at or near primary standards, and generally applicable to all areas in the state. The April 10, 2014 submittal makes changes to Section I—‘‘Control of Fugitive Particulate Matter in Non-Attainment Areas’’ and Section III—‘‘Control of Fugitive Particulate Matter Statewide’’ to make administrative edits only. The January 20, 2016 submittal makes a subsequent administrative edit to Section I—‘‘Control of Fugitive Particulate Matter in Non-Attainment Areas’’ only. EPA has reviewed the changes made to South Carolina’s rules for controlling fugitive particulate matter and is approving the aforementioned change to Regulation 61–62.6 into the SIP pursuant to CAA section 110. III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the following South Carolina Regulations: Regulation 61– 62.1, Section I—‘‘Definitions,’’ effective June 24, 2016, which revises definitions applicable to the SIP; Regulation 61– 62.1, Section IV—‘‘Source Tests,’’ effective June 27, 2014, which revises requirements for stationary source testing; Regulation 61–62.1, Section V— ‘‘Credible Evidence,’’ effective June 27, 2014, which revises formatting for consistency; Regulation 61–62.2— ‘‘Prohibition of Open Burning,’’ effective December 27, 2013, which revises formatting for consistency; Regulation 61–62.3, Section I—‘‘Episode Criteria,’’ effective April 26, 2013, which makes administrative edits to regulations prescribing air quality episodes; Regulation 61–62.6, Section I—‘‘Control of Fugitive Particulate Matter in Non-Attainment Areas,’’ effective November 27, 2015, which revises formatting; and Regulation 61– 62.6, Section III—‘‘Control of Fugitive Particulate Matter Statewide,’’ effective December 27, 2013, which makes administrative language changes for consistency. Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the E:\FR\FM\21AUR1.SGM 21AUR1 39540 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations next update to the SIP compilation.3 EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). sradovich on DSK3GMQ082PROD with RULES IV. Final Action EPA is approving the aforementioned changes to the South Carolina SIP, submitted on July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and July 27, 2016 because they are consistent with the CAA and federal regulations. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective October 20, 2017 without further notice unless the Agency receives adverse comments by September 20, 2017. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on October 20, 2017 and no further action will be taken on the proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. V. 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 3 62 FR 27968 (May 22, 1997). VerDate Sep<11>2014 16:12 Aug 18, 2017 Jkt 241001 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 (Pub. L. 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 direct final action for the State of South Carolina does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it does not have substantial direct effects on an Indian Tribe. The Catawba Indian Nation Reservation is located within the South Carolina portion of the bi-state Charlotte Area. Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann. 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.’’ EPA notes this action will not impose substantial direct costs on Tribal governments or preempt Tribal law. PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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 October 20, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Carbon monoxide, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 4, 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. E:\FR\FM\21AUR1.SGM 21AUR1 39541 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations § 52.2120 B. Revise Regulation No. 62.2, C. Under Regulation No. 62.3, revise the entry for ‘‘Section I,’’ and ■ D. Under Regulation No. 62.6, revise ‘‘Section I’’ and ‘‘Section III’’. The revisions read as follows: ■ ■ Subpart PP—South Carolina 2. Section 52.2120(c) is amended by: A. Under Regulation No. 62.1 revise the entries for ‘‘Section I,’’ ‘‘Section IV,’’ and ‘‘Section V,’’ ■ ■ * Identification of plan. * * (c) * * * * * AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA State effective date EPA approval date State citation Title/subject * Section I ....... * * * Definitions ................................................................................. * 6/24/2016 8/21/2017 * * [Insert citation of publication]. * Section IV ..... * * * Source Tests ............................................................................ * 6/27/2014 8/21/2017 * * [Insert citation of publication]. * Section V ...... * * * Credible Evidence .................................................................... * 6/27/2014 8/21/2017 * * [Insert citation of publication]. * Regulation No. 62.2. * * * Prohibition of Open Burning ..................................................... * 12/27/2013 8/21/2017 * * [Insert citation of publication]. * Section I ....... * * * Episode Criteria ........................................................................ * 4/26/2013 8/21/2017 * * [Insert citation of publication]. * Section I ....... * * * Control of Fugitive Particulate Matter in Non-Attainment Areas. * 11/27/2015 8/21/2017 * * [Insert citation of publication]. * Section III ..... * * * Control of Fugitive Particulate Matter Statewide ..................... * 12/27/2013 8/21/2017 * * [Insert citation of publication]. * * * * * * * * [FR Doc. 2017–17240 Filed 8–18–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2016–0500; FRL–9964–21] Potassium Salts of Naphthalenesulfonic Acids Formaldehyde Condensates; Exemption From the Requirement of a Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes an exemption from the requirement of a tolerance for residues of naphthalenesulfonic acids formaldehyde condensates, potassium salts (CAS Reg. No. 67828–14–2) when used as an inert ingredient (surfactant and related adjuvant of surfactants) applied to growing crops and raw agricultural commodities after harvest by amending an existing exemption for similar substances. Monsanto Company sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:12 Aug 18, 2017 Jkt 241001 * * submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting this amendment. This regulation eliminates the need to establish a maximum permissible level for residues of naphthalenesulfonic acids formaldehyde condensates, potassium salts, when used consistent with the terms. DATES: This regulation is effective August 21, 2017. Objections and requests for hearings must be received on or before October 20, 2017, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2016–0500, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 Federal Register Notice * * and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). E:\FR\FM\21AUR1.SGM 21AUR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Rules and Regulations]
[Pages 39537-39541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17240]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0387; FRL-9966-34-Region 4]

Air Plan Approval; SC: Miscellaneous Revisions to Multiple Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve changes to the South Carolina State
Implementation Plan (SIP) to revise several miscellaneous rules,
covering definitions, source tests, credible evidence, open burning,
air pollution episodes, and fugitive particulate matter. EPA is
approving portions of SIP revisions submitted by the State of South
Carolina, through the South Carolina Department of Health and
Environmental Control (SC DHEC) on the following dates: July 18, 2011,
June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and
July 27, 2016. These actions are being taken pursuant to the Clean Air
Act.

DATES: This direct final rule is effective October 20, 2017 without
further notice, unless EPA receives adverse comment by September 20,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0387 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, 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. Mr. Akers can be reached via telephone at (404) 562-9089 or
via electronic mail at akers.brad@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 39538]]

I. What action is EPA taking?

On July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014,
January 20, 2016, and July 27, 2016, SC DHEC submitted SIP revisions to
EPA for approval that involve changes to South Carolina's SIP
regulations to add definitions, make administrative and clarifying
amendments, and correct typographical errors. These SIP submittals make
changes to several air quality rules in South Carolina Code of
Regulations Annotated (S.C. Code Ann. Regs.). The changes EPA is
approving into the SIP in this action modify portions of Regulation 61-
62.1 ``Definitions and General Requirements'' at Section I--
``Definitions,'' Regulation 61-62.1, Section IV--``Source Tests,''
Regulation 61-62.1, Section V--``Credible Evidence.'' EPA is also
approving changes to Regulation 61-62.2--``Prohibition of Open
Burning,'' Regulation 61-62.3--``Air Pollution Episodes'' at Section
I--``Episode Criteria'' and Regulation 61-62.6--``Control of Fugitive
Particulate Matter'' at Section I--``Control of Fugitive Particulate
Matter in Non-Attainment Areas'' and Section III--``Control of Fugitive
Particulate Matter Statewide.''
At this time, EPA is not acting on the changes detailed in Table 1
below. EPA will address all remaining changes to the South Carolina SIP
as listed above in a separate action.
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\1\ In its July 18, 2011, submittal, South Carolina is removing
and reserving its program for setting alternative emission limits at
Regulation 61-62.5, Standard No. 6 ``Alternative Emission Limitation
Options (Bubble).'' This change is not presently before EPA because
we rescinded the original approval of this regulation and
disapproved a further revision to the regulation on March 8, 1995
(60 FR 12700). The 1995 action disapproving a SIP revision and
rescinding approval of the adoption of the regulation into the SIP
was based on EPA's analysis that the rule did not meet EPA's
Emissions Trading Policy Statement, Economic Incentive Program
rules, nor the CAA amendments of 1990, and a March 24, 1994, request
for disapproval from SC DHEC. Therefore, Regulation 61-62.5,
Standard No. 6 is no longer part of the federally approved SIP, and
this revision to remove and reserve the existing regulation is not
before EPA for consideration. However, on May 7, 2002, EPA
inadvertently approved a revision to Regulation 61-62.5, Standard
No. 6 to correct typographical errors (67 FR 30594). This action was
done in error since the original adoption of the Regulation was
rescinded on March 8, 1995 (60 FR 12700). EPA will address the error
and the incorporation by reference of Regulation 61-62.5, Standard
No. 6 at 40 CFR 52.2120(c) in another action.

Table 1--Other Portions of South Carolina Submittals
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Submittal Regulation Status
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July 18, 2011.................... Regulation 61-62.1, EPA will evaluate in a separate action.
Section II.
July 18, 2011.................... Regulation 61-62.5, EPA will evaluate in a separate action.
Standard No. 1.
July 18, 2011.................... Regulation 61-62.5, Approved April 3, 2013 (78 FR 19994).
Standard No. 2.
July 18, 2011.................... Regulation 61-62.5, EPA will evaluate in a separate action.
Standard No. 4.
July 18, 2011.................... Regulation 61-62.5, Not part of the SIP.\1\
Standard No. 6.
June 17, 2013.................... Regulation 61-62.1, EPA will evaluate in a separate action.
Section II.
June 17, 2013.................... Regulation 61-62.5, EPA will evaluate in a separate action.
Standard No. 4.
June 17, 2013.................... Regulation 61-62.5, EPA will evaluate in a separate action.
Standard No. 5.
April 10, 2014................... Regulation 61-62.5, EPA will evaluate in a separate action.
Standard No. 7.
August 8, 2014................... Regulation 61-62.1, EPA will evaluate in a separate action.
Section II.
August 8, 2014................... Regulation 61-62.1, Approved June 12, 2015 (80 FR 33413) and May 31, 2017
Section III. (82 FR 24851).
August 8, 2014................... Regulation 61-62.5, EPA will evaluate in a separate action.
Standard No. 1.
August 8, 2014................... Regulation 61-62.5, Approved April 3, 2013 (78 FR 19994).
Standard No. 4.
January 20, 2016................. Regulation 61-62.1, EPA will evaluate in a separate action.
Section II.
January 20, 2016................. Regulation 61-62.5, EPA will evaluate in a separate action.
Standard No. 5.
January 20, 2016................. Regulation 61-62.5, EPA will evaluate in a separate action.
Standard No. 7.1.
July 27, 2016.................... Regulation 61-62.1, EPA will evaluate in a separate action.
Section II.
July 27, 2016.................... Regulation 61-62.5, EPA will evaluate in a separate action.
Standard No. 4.
July 27, 2016.................... Regulation 61-62.5, EPA will evaluate in a separate action.
Standard No. 5.2.
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II. Analysis of South Carolina's Submittals

A. Regulation 61-62.1, Section I--``Definitions''

South Carolina is amending its list of applicable definitions
related to the regulation of air quality at Regulation 61-62.1, Section
I--``Definitions.'' The July 18, 2011, submittal makes several changes
to the definitions as follows: (1) Adds a definition for ``CAA [Clean
Air Act];'' (2) adds definitions for ``PM2.5,'' or fine
particulate matter with an aerodynamic diameter less than or equal to a
nominal 2.5 micrometers, and ``PM2.5 emissions;'' (3)
revises the definition of ``fugitive emissions'' to match the federal
definition at 40 CFR 51.165(a)(1)(ix), 40 CFR 51.166(b)(20), and 40 CFR
52.21(b)(20); and (4) makes other clarifying and administrative edits
to definitions throughout the Section, including renumbering. The June
17, 2013, submittal further revises the definitions to make several
administrative edits only.
The April 10, 2014, submittal makes one revision to the definitions
at Regulation 61-62.1, Section I.94.--``Volatile Organic Compound
(VOC),'' to add a compound to the list of compounds determined to have
negligible photochemical reactivity and therefore exempted from being
considered a VOC, consistent with the federal definition. This revision
in the April 10, 2014, submittal is superseded by another revision to
the definition of VOC at I.94. in the August 8, 2014, submittal. This
submittal changes the format of the definition of VOC at I.99.,
renumbered from I.94., to incorporate by reference the list of
compounds exempted from the federal definition by making an explicit
reference to the federal definition at 40 CFR 51.100(s). The August 8,
2014, submittal goes on to revise Section I by: (1) Adding definitions
for ``Code of Federal Regulations (CFR),'' ``NAICS [North American
Industrial Classification System] Code,'' and ``SIC [Standard
Industrial Classification] Code;'' and (2) making administrative
changes throughout.
Finally, the July 27, 2016, submittal makes subsequent revisions to
Section I to add the definition of ``emission'' and makes
administrative edits throughout. EPA has reviewed the changes made to
South Carolina's definitions and is approving the aforementioned
changes to Regulation 61-62.1, Section I into the SIP pursuant to CAA
section 110.

[[Page 39539]]

B. Regulation 61-62.1, Section IV--``Source Tests''

South Carolina is amending its rules covering source testing at
Regulation 61-62.1, Section IV--``Source Tests.'' Federal implementing
regulations at 40 CFR 51.212--``Testing, inspection, enforcement, and
complaints,'' require, among other things, that the SIP must provide
for ``periodic testing and inspection of stationary sources.''
The June 17, 2013, submittal revises the rule to make an
administrative edit only. The August 8, 2014, submittal further revises
the rule as follows: (1) Adds an additional requirement for site-
specific test plans to account for procedures for obtaining, analyzing,
and reporting source test audit samples and results; (2) adds language
to provide more prescriptive requirements for notifications of testing;
(3) adds language to specify that where federal regulation requires
specific certification for conducting source tests, the individuals
conducting the tests will meet that requirement; (4) removes language
stating SC DHEC would provide audit samples to sources for required
audits; (5) adds language stating that sources must purchase samples
from an audit sample provider where commercially available, and
including procedures for the source audits, consistent with federal
rulemakings on stationary source auditing; \2\ (6) adds language to
specify additional information required for the required source test
report; and (7) makes administrative changes throughout the Section.
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\2\ See EPA rulemakings on September 13, 2010 (75 FR 55636) and
March 28, 2011 (76 FR 17288) for more details.
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EPA has reviewed the changes made to South Carolina's rules for
source testing and is approving the aforementioned changes to
Regulation 61-62.1, Section IV into the SIP pursuant to CAA section
110.

C. Regulation 61-62.1, Section V--``Credible Evidence''

South Carolina is making a minor change to its rules covering
credible evidence at Regulation 61-62.1, Section IV--``Source Tests.''
Federal implementing regulations at 40 CFR 51.212--``Testing,
inspection, enforcement, and complaints,'' require, among other things,
that the SIP must not ``preclude the use, including the exclusive use,
of any credible evidence or information, relevant to whether a source
would have been in compliance with applicable requirements if the
appropriate performance or compliance test or procedure had been
performed.'' SC DHEC's SIP-approved provisions at Regulation 61-62.1,
Standard V clarify State authority for enforcement and compliance
certification and asserts that credible evidence is data that may be
used to determine compliance or noncompliance with applicable emission
limits.
The August 8, 2014, submittal revises the regulation to make an
administrative edit for consistency in internal citations only. EPA has
reviewed the changes made to South Carolina's rules for credible
evidence and is approving the aforementioned change to Regulation 61-
62.1, Section V into the SIP pursuant to CAA section 110.

D. Regulation 61-62.2--``Prohibition of Open Burning''

South Carolina is making a minor change to its rules covering open
burning at Regulation 61-62.2--``Prohibition of Open Burning.'' South
Carolina's SIP-approved regulation prohibits open burning except in
limited circumstances. The April 10, 2014, submittal revises the
regulation to make an administrative edit to a referenced manual only.
EPA has reviewed the changes made to South Carolina's rules for open
burning and is approving the aforementioned change to Regulation 61-
62.2 into the SIP pursuant to CAA section 110.

E. Regulation 61-62.3--``Air Pollution Episodes''

South Carolina is making minor changes to its rules covering air
pollution episodes at Regulation 61-62.3--``Air Pollution Episodes.''
South Carolina's SIP-approved regulation defines classifications of
high air pollution for public notification and outlines emission
reduction plans corresponding to the different classifications. The
July 18, 2011 and June 17, 2013, submittals revise the regulation at
Section I--``Episode Criteria'' to make administrative edits to
formatting and correct a typographical error only. EPA has reviewed the
changes made to South Carolina's rules for air pollution episodes and
is approving the aforementioned change to Regulation 61-62.3 into the
SIP pursuant to CAA section 110.

F. Regulation 61-62.6--``Control of Fugitive Particulate Matter''

South Carolina is making minor changes to its rules covering
fugitive particulate matter at Regulation 61-62.6--``Control of
Fugitive Particulate Matter.'' South Carolina's SIP-approved regulation
describes procedures for properly controlling the release of fugitive
particulate matter in nonattainment areas for particulate matter-
related standards, in areas with ambient air quality concentrations at
or near primary standards, and generally applicable to all areas in the
state. The April 10, 2014 submittal makes changes to Section I--
``Control of Fugitive Particulate Matter in Non-Attainment Areas'' and
Section III--``Control of Fugitive Particulate Matter Statewide'' to
make administrative edits only. The January 20, 2016 submittal makes a
subsequent administrative edit to Section I--``Control of Fugitive
Particulate Matter in Non-Attainment Areas'' only. EPA has reviewed the
changes made to South Carolina's rules for controlling fugitive
particulate matter and is approving the aforementioned change to
Regulation 61-62.6 into the SIP pursuant to CAA section 110.

III. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the following
South Carolina Regulations: Regulation 61-62.1, Section I--
``Definitions,'' effective June 24, 2016, which revises definitions
applicable to the SIP; Regulation 61-62.1, Section IV--``Source
Tests,'' effective June 27, 2014, which revises requirements for
stationary source testing; Regulation 61-62.1, Section V--``Credible
Evidence,'' effective June 27, 2014, which revises formatting for
consistency; Regulation 61-62.2--``Prohibition of Open Burning,''
effective December 27, 2013, which revises formatting for consistency;
Regulation 61-62.3, Section I--``Episode Criteria,'' effective April
26, 2013, which makes administrative edits to regulations prescribing
air quality episodes; Regulation 61-62.6, Section I--``Control of
Fugitive Particulate Matter in Non-Attainment Areas,'' effective
November 27, 2015, which revises formatting; and Regulation 61-62.6,
Section III--``Control of Fugitive Particulate Matter Statewide,''
effective December 27, 2013, which makes administrative language
changes for consistency. Therefore, these materials have been approved
by EPA for inclusion in the State implementation plan, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the

[[Page 39540]]

next update to the SIP compilation.\3\ EPA has made, and will continue
to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 4 Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information).
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\3\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

EPA is approving the aforementioned changes to the South Carolina
SIP, submitted on July 18, 2011, June 17, 2013, April 10, 2014, August
8, 2014, January 20, 2016, and July 27, 2016 because they are
consistent with the CAA and federal regulations. EPA is publishing this
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments.
However, in the proposed rules section of this Federal Register
publication, EPA is publishing a separate document that will serve as
the proposal to approve the SIP revision should adverse comments be
filed. This rule will be effective October 20, 2017 without further
notice unless the Agency receives adverse comments by September 20,
2017.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All adverse comments received will then be addressed
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on October 20, 2017 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

V. 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 (Pub. L. 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 direct final action for the State of South
Carolina does not have Tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because it does not have
substantial direct effects on an Indian Tribe. The Catawba Indian
Nation Reservation is located within the South Carolina portion of the
bi-state Charlotte Area. Pursuant to the Catawba Indian Claims
Settlement Act, S.C. Code Ann. 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.'' 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 October 20, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

Dated: August 4, 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.

[[Page 39541]]

Subpart PP--South Carolina

0
2. Section 52.2120(c) is amended by:
0
A. Under Regulation No. 62.1 revise the entries for ``Section I,''
``Section IV,'' and ``Section V,''
0
B. Revise Regulation No. 62.2,
0
C. Under Regulation No. 62.3, revise the entry for ``Section I,'' and
0
D. Under Regulation No. 62.6, revise ``Section I'' and ``Section III''.
The revisions read as follows:

Sec. 52.2120 Identification of plan.

* * * * *
(c) * * *

Air Pollution Control Regulations for South Carolina
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State EPA approval
State citation Title/subject effective date date Federal Register Notice
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* * * * * * *
Section I.......... Definitions....... 6/24/2016 8/21/2017 [Insert citation of publication].

* * * * * * *
Section IV......... Source Tests...... 6/27/2014 8/21/2017 [Insert citation of publication].

* * * * * * *
Section V.......... Credible Evidence. 6/27/2014 8/21/2017 [Insert citation of publication].

* * * * * * *
Regulation No. 62.2 Prohibition of 12/27/2013 8/21/2017 [Insert citation of publication].
Open Burning.

* * * * * * *
Section I.......... Episode Criteria.. 4/26/2013 8/21/2017 [Insert citation of publication].

* * * * * * *
Section I.......... Control of 11/27/2015 8/21/2017 [Insert citation of publication].
Fugitive
Particulate
Matter in Non-
Attainment Areas.

* * * * * * *
Section III........ Control of 12/27/2013 8/21/2017 [Insert citation of publication].
Fugitive
Particulate
Matter Statewide.

* * * * * * *
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* * * * *
[FR Doc. 2017-17240 Filed 8-18-17; 8:45 am]
BILLING CODE 6560-50-P

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