Air Plan Approval; SC; VOC Definition, 29696-29698 [2018-13571]
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29696
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations
State citation
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[FR Doc. 2018–13597 Filed 6–25–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0557; FRL–9979–92–
Region 4]
Air Plan Approval; SC; VOC Definition
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the South Carolina
State Implementation Plan (SIP). The
revision makes a modification to the
definition of ‘‘volatile organic
compounds’’ (VOC). EPA is approving
the SIP revision submitted by the State
of South Carolina, through the South
Carolina Department of Health and
Environmental Control (DHEC) on
September 5, 2017, because the State
has demonstrated that these changes are
consistent with the Clean Air Act (CAA
or Act).
DATES: This rule will be effective July
26, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0557. All documents in the docket
are listed on the www.regulations.gov
website. 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
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SUMMARY:
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EPA rule final
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official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, 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. The telephone
number is (404) 562–8726. Mr. Wong
can be reached via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 29, 2004 (69 FR 69298),
EPA issued a final rule revising the
definition of VOC at 40 CFR 51.100(s)
by adding tertiary butyl acetate (or tButyl acetate or TBAC) to the list of
compounds that are considered to be
negligibly reactive and excluded from
the definition of VOC. Additionally, on
February 25, 2016 (81 FR 9339), EPA
issued a final rule further revising the
definition of VOC at 40 CFR 51.100(s)
by removing the recordkeeping,
emissions reporting, photochemical
dispersion modeling, and inventory
requirements for t-Butyl acetate. EPA
removed these requirements in part
because there was no evidence that
TBAC was being used at levels that
cause concern for ozone formation and
because the data that had been collected
under these requirements had proven to
be of limited utility in judging the
cumulative impacts of exempted
compounds.1 See 81 FR 9339, 9341.
On February 15, 2018 (83 FR 6822),
EPA published a notice of proposed
rulemaking (NPRM) for changes to the
South Carolina SIP, submitted by the
South Carolina DHEC on September 5,
2017. The submission revises South
Carolina Regulation 61–62.1—
Definitions and General Requirements,
specifically Section I—‘‘Definitions,’’ by
removing the recordkeeping, emissions
reporting, photochemical dispersion
1 In the 2016 EPA rule, EPA also discussed the
efforts surrounding any future determinations about
the health risks associated with TBAC, including
noting that data collected through the
recordkeeping and reporting requirements did not
appear relevant to any such future determinations
and that EPA was assessing the health risks from
TBAC through its Integrated Risk Information
System. This effort is on-going and more
information regarding health risks may be found at
EPA’s previous 2016 rulemaking (81 FR 9339,
9341).
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Comments
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modeling, and inventory requirements
for t-Butyl acetate. EPA received one
adverse comment in the proposed
rulemaking. After considering the
adverse comment, EPA is now taking
final action to approve the South
Carolina Regulation 61–62.1, Section I—
‘‘Definitions’’ revision. For more
information, see the February 15, 2018,
NPRM.
II. Response to Comment
Comment: EPA received one adverse
comment to the revision to Regulation
61–62.1, Section I—‘‘Definitions.’’ The
Commenter asserted that air quality
policy should be based on no negative
impacts on health, and as a result,
stated, ‘‘This proposed revision would
do the opposite because it fails to
acknowledge the change in emissions
that South Carolina could undertake
after tert-butyl acetate (TBAc) is taken
off the states list of volatile organic
compounds. I reject this revision
because EPA’s logic for approval is
flawed when they say, ‘‘. . . There was
no evidence that TBAc was being used
at levels that cause concern for ozone
formation . . .’’. The Commenter
expressed concerns that the use of
TBAC could change in South Carolina,
and since record keeping and
monitoring will no longer be required,
this impact will not be assessed.
Because of these concerns, the
Commenter recommended that EPA
prohibit South Carolina from adding
TBAC to the negligibly reactive list and
require South Carolina to continue
monitoring TBAC. Finally, the
Commenter noted health effects of
TBAC.
Response: EPA previously approved
South Carolina’s revision of its
definition of VOC which added t-Butyl
acetate to the list of negligibly reactive
compounds that are excluded from the
State’s definition of VOC. 72 FR 30704
(June 4, 2007). That prior rulemaking
action is final and is not reopened in the
current rulemaking action. Similarly,
EPA’s prior 2004 (60 FR 69298) final
rulemaking that revised the definition of
VOC to exclude TBAC as a negligibly
reactive compound and EPA’s 2016 (81
FR 9339) final rulemaking that removed
TBAC recordkeeping, emissions
reporting, photochemical dispersion
modeling, and inventory requirements
for TBAC are also not reopened in the
current rulemaking action. Rather, in
the current action, the State is merely
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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations
updating the SIP to remove the
recordkeeping, emissions reporting,
modeling, and inventory requirements
for TBAC consistent with EPA’s 2016
rulemaking and the federal definitions
in 40 CFR 51.100(s).
With regard to health risks, EPA
acknowledges the comment regarding
the health effects associated with TBAC
and is continuing to take steps to assess
potential risks associated with this
compound. In the 2016 EPA rule, EPA
discussed the efforts surrounding any
future determinations about the health
risks associated with TBAC, including
noting that data collected through the
recordkeeping and reporting
requirements did not appear relevant to
any such future determinations and that
EPA was assessing the health risks from
TBAC through its Integrated Risk
Information System. This effort is
ongoing, and we refer the Commenter to
EPA’s previous 2016 rulemaking (81 FR
9339, 9341) for more information
regarding health risks.
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 South Carolina
Regulation 61–62.1, Section I—
‘‘Definitions,’’ effective August 25, 2017,
which revises definitions applicable to
the SIP. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State’s 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 in the next
update to the SIP compilation.2
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IV. Final Action
For the reasons discussed above, EPA
is approving the aforementioned change
to the South Carolina SIP, submitted on
September 5, 2017, because it is
consistent with the CAA and federal
regulations.
2 62
FR 27968 (May 22, 1997).
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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. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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 final action for the
State of South Carolina does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
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29697
November 9, 2000), because it does not
have substantial direct effects on an
Indian Tribe. The Catawba Indian
Nation Reservation is located within the
boundary of York County, South
Carolina. 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 August 27, 2018. 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,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 12, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.2120
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Subpart PP—South Carolina
Identification of plan.
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2. Section 52.2120(c) is amended by
revising the entry under Regulation No.
62.1 for ‘‘Section I’’ to read as follows:
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1. The authority citation for part 52
continues to read as follows:
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AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
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State citation
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Section I ........................
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2018–0148; FRL–9979–
69—Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; South
Dakota; Revisions to the Permitting
Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
(SIP) revisions submitted by the State of
South Dakota on October 4, 2017 related
to South Dakota’s Air Pollution Control
Program. The October 4, 2017 submittal
revises certain definitions and dates of
incorporation by reference and contains
new, amended and renumbered rules. In
this rulemaking, we are taking final
action on all portions of the October 4,
2017 submittal, except for those
portions of the submittal which do not
belong in the SIP. This action is being
taken under section 110 of the Clean Air
Act (CAA).
DATES: This final rule is effective on July
26, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2018–0148. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
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SUMMARY:
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I. Background
The EPA is taking final action to
approve all revisions as submitted by
the State of South Dakota on October 4,
2017, with the exception of the
revisions that we are not acting on, as
outlined in section II.A. of our proposed
rulemaking published on April 27, 2018
(83 FR 18496).
We provided a detailed explanation of
the bases for our proposed approval in
our April 27, 2018 rulemaking, which
will not be restated here. See 83 FR
18496. We invited comment on all
aspects of our proposal and provided a
30-day comment period. The comment
period ended on May 29, 2018.
In this action, we are responding to
the comments we received and taking
final rulemaking action on the rules
from the State’s October 4, 2017,
submittal.
II. Brief Discussion of Statutory and
Regulatory Requirements
The changes we are taking final action
to approve are consistent with the CAA
and EPA regulations. Specifically:
1. CAA section 110(a)(2)(C), requires
each state plan to include ‘‘a program to
provide for . . . the regulation of the
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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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional available information.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6227,
leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
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modification and construction of any
stationary source within the areas
covered by the plan as necessary to
assure that the [NAAQS] are achieved,
including a permit program as required
in parts C and D of this subchapter.’’
2. CAA section 110(a)(2)(A), requires
that SIPs contain enforceable emissions
limitations and other control measures.
Under section CAA section 110(a)(2),
the enforceability requirement in
section 110(a)(2)(A) applies to all plans
submitted by a state. Chapter 6, Section
13 creates enforceable obligations for
sources by removing phrases such as
‘‘the plan shall provide’’ and ‘‘the plan
may provide.’’
In addition, the CAA (section
110(a)(2)(C)) and 40 CFR 51.160 requires
states to have legally enforceable
procedures to prevent construction or
modification of a source if it would
violate any SIP control strategies or
interfere with attainment or
maintenance of the National Ambient
Air Quality Standards (NAAQS). Such
minor NSR programs are for pollutants
from stationary sources that do not
require Prevention of Significant
Deterioration (PSD) or nonattainment
new source review (NNSR) permits.
States may customize the requirements
of the minor NSR program as long as
their program meets minimum
requirements.
Section 110(l) of the CAA states:
‘‘[e]ach revision to an implementation
plan submitted by a State under this Act
shall be adopted by such State after
reasonable notice and public hearing.
The Administrator shall not approve a
revision to a plan if the revision would
interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171), or any other applicable
requirement of this chapter.’’ South
Dakota’s new revisions to ARSD 74:36
will not interfere with attainment,
reasonable further progress (RFP), or
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[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29696-29698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13571]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0557; FRL-9979-92-Region 4]
Air Plan Approval; SC; VOC Definition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the South Carolina State Implementation
Plan (SIP). The revision makes a modification to the definition of
``volatile organic compounds'' (VOC). EPA is approving the SIP revision
submitted by the State of South Carolina, through the South Carolina
Department of Health and Environmental Control (DHEC) on September 5,
2017, because the State has demonstrated that these changes are
consistent with the Clean Air Act (CAA or Act).
DATES: This rule will be effective July 26, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0557. All documents in the docket
are listed on the www.regulations.gov website. 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: Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 29, 2004 (69 FR 69298), EPA issued a final rule
revising the definition of VOC at 40 CFR 51.100(s) by adding tertiary
butyl acetate (or t-Butyl acetate or TBAC) to the list of compounds
that are considered to be negligibly reactive and excluded from the
definition of VOC. Additionally, on February 25, 2016 (81 FR 9339), EPA
issued a final rule further revising the definition of VOC at 40 CFR
51.100(s) by removing the recordkeeping, emissions reporting,
photochemical dispersion modeling, and inventory requirements for t-
Butyl acetate. EPA removed these requirements in part because there was
no evidence that TBAC was being used at levels that cause concern for
ozone formation and because the data that had been collected under
these requirements had proven to be of limited utility in judging the
cumulative impacts of exempted compounds.\1\ See 81 FR 9339, 9341.
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\1\ In the 2016 EPA rule, EPA also discussed the efforts
surrounding any future determinations about the health risks
associated with TBAC, including noting that data collected through
the recordkeeping and reporting requirements did not appear relevant
to any such future determinations and that EPA was assessing the
health risks from TBAC through its Integrated Risk Information
System. This effort is on-going and more information regarding
health risks may be found at EPA's previous 2016 rulemaking (81 FR
9339, 9341).
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On February 15, 2018 (83 FR 6822), EPA published a notice of
proposed rulemaking (NPRM) for changes to the South Carolina SIP,
submitted by the South Carolina DHEC on September 5, 2017. The
submission revises South Carolina Regulation 61-62.1--Definitions and
General Requirements, specifically Section I--``Definitions,'' by
removing the recordkeeping, emissions reporting, photochemical
dispersion modeling, and inventory requirements for t-Butyl acetate.
EPA received one adverse comment in the proposed rulemaking. After
considering the adverse comment, EPA is now taking final action to
approve the South Carolina Regulation 61-62.1, Section I--
``Definitions'' revision. For more information, see the February 15,
2018, NPRM.
II. Response to Comment
Comment: EPA received one adverse comment to the revision to
Regulation 61-62.1, Section I--``Definitions.'' The Commenter asserted
that air quality policy should be based on no negative impacts on
health, and as a result, stated, ``This proposed revision would do the
opposite because it fails to acknowledge the change in emissions that
South Carolina could undertake after tert-butyl acetate (TBAc) is taken
off the states list of volatile organic compounds. I reject this
revision because EPA's logic for approval is flawed when they say, ``.
. . There was no evidence that TBAc was being used at levels that cause
concern for ozone formation . . .''. The Commenter expressed concerns
that the use of TBAC could change in South Carolina, and since record
keeping and monitoring will no longer be required, this impact will not
be assessed. Because of these concerns, the Commenter recommended that
EPA prohibit South Carolina from adding TBAC to the negligibly reactive
list and require South Carolina to continue monitoring TBAC. Finally,
the Commenter noted health effects of TBAC.
Response: EPA previously approved South Carolina's revision of its
definition of VOC which added t-Butyl acetate to the list of negligibly
reactive compounds that are excluded from the State's definition of
VOC. 72 FR 30704 (June 4, 2007). That prior rulemaking action is final
and is not reopened in the current rulemaking action. Similarly, EPA's
prior 2004 (60 FR 69298) final rulemaking that revised the definition
of VOC to exclude TBAC as a negligibly reactive compound and EPA's 2016
(81 FR 9339) final rulemaking that removed TBAC recordkeeping,
emissions reporting, photochemical dispersion modeling, and inventory
requirements for TBAC are also not reopened in the current rulemaking
action. Rather, in the current action, the State is merely
[[Page 29697]]
updating the SIP to remove the recordkeeping, emissions reporting,
modeling, and inventory requirements for TBAC consistent with EPA's
2016 rulemaking and the federal definitions in 40 CFR 51.100(s).
With regard to health risks, EPA acknowledges the comment regarding
the health effects associated with TBAC and is continuing to take steps
to assess potential risks associated with this compound. In the 2016
EPA rule, EPA discussed the efforts surrounding any future
determinations about the health risks associated with TBAC, including
noting that data collected through the recordkeeping and reporting
requirements did not appear relevant to any such future determinations
and that EPA was assessing the health risks from TBAC through its
Integrated Risk Information System. This effort is ongoing, and we
refer the Commenter to EPA's previous 2016 rulemaking (81 FR 9339,
9341) for more information regarding health risks.
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 South
Carolina Regulation 61-62.1, Section I--``Definitions,'' effective
August 25, 2017, which revises definitions applicable to the SIP. EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the State's
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 in the next update to
the SIP compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
For the reasons discussed above, EPA is approving the
aforementioned change to the South Carolina SIP, submitted on September
5, 2017, because it is consistent with the CAA and federal regulations.
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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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 boundary of York County, South
Carolina. 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 August 27, 2018. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: June 12, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
[[Page 29698]]
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(c) is amended by revising the entry under Regulation
No. 62.1 for ``Section I'' to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section I........................ Definitions........ 8/25/2017 6/26/2018, [Insert
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-13571 Filed 6-25-18; 8:45 am]
BILLING CODE 6560-50-P
