Air Plan Approval; SC; Revisions to Definitions, 59641-59643 [2021-23349]
Download as PDF
<![CDATA[
jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
(1) The collections of the library,
archives, or museum are open to the
public and/or are routinely made
available to researchers who are not
affiliated with the library, archives, or
museum;
(2) The library, archives, or museum
has a public service mission;
(3) The library, archives, or museum’s
trained staff or volunteers provide
professional services normally
associated with libraries, archives, or
museums;
(4) The collections of the library,
archives, or museum are composed of
lawfully acquired and/or licensed
materials; and
(5) The library, archives, or museum
implements reasonable digital security
measures as appropriate for the
activities permitted by this paragraph
(b)(17).
(18)(i) Computer programs, except
video games, that have been lawfully
acquired and that are no longer
reasonably available in the commercial
marketplace, solely for the purpose of
lawful preservation of a computer
program, or of digital materials
dependent upon a computer program as
a condition of access, by an eligible
library, archives, or museum, where
such activities are carried out without
any purpose of direct or indirect
commercial advantage. Any electronic
distribution, display, or performance
made outside of the physical premises
of an eligible library, archives, or
museum of works preserved under this
paragraph may be made to only one user
at a time, for a limited time, and only
where the library, archives, or museum
has no notice that the copy would be
used for any purpose other than private
study, scholarship, or research.
(ii) For purposes of the exemption in
paragraph (b)(18)(i) of this section, a
library, archives, or museum is
considered ‘‘eligible’’ if—
(A) The collections of the library,
archives, or museum are open to the
public and/or are routinely made
available to researchers who are not
affiliated with the library, archives, or
museum;
(B) The library, archives, or museum
has a public service mission;
(C) The library, archives, or museum’s
trained staff or volunteers provide
professional services normally
associated with libraries, archives, or
museums;
(D) The collections of the library,
archives, or museum are composed of
lawfully acquired and/or licensed
materials; and
(E) The library, archives, or museum
implements reasonable digital security
measures as appropriate for the
VerDate Sep<11>2014
16:25 Oct 27, 2021
Jkt 256001
activities permitted by this paragraph
(b)(18).
(19) Computer programs that operate
3D printers that employ technological
measures to limit the use of material,
when circumvention is accomplished
solely for the purpose of using
alternative material and not for the
purpose of accessing design software,
design files, or proprietary data.
(20) Computer programs, solely for
the purpose of investigating a potential
infringement of free and open source
computer programs where:
(i) The circumvention is undertaken
on a lawfully acquired device or
machine other than a video game
console, on which the computer
program operates;
(ii) The circumvention is performed
by, or at the direction of, a party that has
a good-faith, reasonable belief in the
need for the investigation and has
standing to bring a breach of license or
copyright infringement claim;
(iii) Such circumvention does not
constitute a violation of applicable law;
and
(iv) The copy of the computer
program, or the device or machine on
which it operates, is not used or
maintained in a manner that facilitates
copyright infringement.
(21) Video games in the form of
computer programs, embodied in
lawfully acquired physical or
downloaded formats, and operated on a
general-purpose computer, where
circumvention is undertaken solely for
the purpose of allowing an individual
with a physical disability to use
software or hardware input methods
other than a standard keyboard or
mouse.
*
*
*
*
*
Dated: October 21, 2021.
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021–23311 Filed 10–27–21; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0445; FRL–8779–02–
R4]
Air Plan Approval; SC; Revisions to
Definitions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
SUMMARY:
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
59641
a State Implementation Plan (SIP)
revision submitted by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (SC DHEC or
Department), on April 24, 2020. The SIP
revision updates the definition of ‘‘Spec.
Oil (Specification Oil)’’ and makes
minor updates to formatting and
numbering. EPA is finalizing approval
of these changes pursuant to the Clean
Air Act (CAA or Act) and implementing
federal regulations.
DATES: This rule is effective November
29, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0445. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be 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 and Radiation 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:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8966. Mr. Febres can also be reached via
electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 24, 2020, SC DHEC
submitted a SIP revision to EPA for
approval that includes changes to South
Carolina Regulation 61–62.1, Section I—
Definitions.1 First, SC DHEC’s April 24,
1 In the April 24, 2020, SIP revision SC DHEC also
submitted to EPA changes to Regulations 61–62.1,
E:\FR\FM\28OCR1.SGM
Continued
28OCR1
59642
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
2020, SIP revision includes minor
updates to numbering and formatting.
Second, the SIP revision updates the
definition of ‘‘Spec. Oil (Specification
Oil)’’ at Paragraph 97(a) within the
definition of ‘‘Used Oil.’’ Specifically,
the revised definition of ‘‘Spec. Oil’’
would remove the phrase ‘‘Nickel—120
ppm [parts per million] maximum,’’
thus eliminating the nickel specification
for ‘‘Spec. Oil.’’ In the South Carolina
SIP’s definition of ‘‘Used Oil,’’ ‘‘Spec.
Oil’’ and ‘‘Non-Spec. Oil’’ 2 are listed as
‘‘[t]wo (2) types’’ of ‘‘used oil.’’ Notably,
the terms ‘‘Spec. Oil’’ and
‘‘Specification Oil’’ do not currently
appear anywhere else in South
Carolina’s SIP outside of the definition
of ‘‘Used Oil.’’
In a notice of proposed rulemaking
(NPRM) published in the Federal
Register on August 4, 2021 (86 FR
41914), EPA proposed to approve the
aforementioned changes from South
Carolina’s April 24, 2020, SIP revision.
The details of South Carolina’s
submittal and the rationale for EPA’s
approval are further explained in the
August 4, 2021, NPRM. Comments on
the August 4, 2021, NPRM were due on
or before September 3, 2021. EPA did
not receive any comments, adverse or
otherwise, on the August 4, 2021,
NPRM.
jspears on DSK121TN23PROD with RULES1
II. Incorporation by Reference
In this document, 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’s
Regulation 61–62.1, Definitions and
General Requirements, Section I—
Definitions, state effective on April 24,
2020. 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 implementation plan, have been
incorporated by reference by EPA into
Section II—Permit Requirements; 61–62.1, Section
III—Emission Inventory and Emissions Statement;
61–62.1, Section IV—Source Tests; 61–62.1, Section
V—Credible Emissions; 61–62.5, Standard No. 2—
Ambient Air Quality Standards; 61–62.5, Standard
5.2—Control of Oxides of Nitrogen (NOX); 61–62.5,
Standard 7—Prevention of Significant Deterioration;
and 61–62.5, Standard 7.1—Nonattainment New
Source Review (NSR). EPA will address these SIP
revisions in separate actions.
2 ‘‘Non-Spec. Oil (Off Spec Oil)’’ is defined as
‘‘[u]sed oil that does not meet the specification
above.’’ S.C. Code Regs. 61–62.1 sec. I (97)(b).
Therefore, used oil that does not meet the definition
of ‘‘Spec. Oil’’ is still considered ‘‘Used Oil.’’ Id.
VerDate Sep<11>2014
16:25 Oct 27, 2021
Jkt 256001
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.3
III. Final Action
EPA is finalizing approval of revisions
to the SIP-approved version of South
Carolina Regulation 61–62.1, Section I—
Definitions, state effective on April 24,
2020. EPA has determined that these
revisions meet the applicable
requirements of section 110 of the CAA
and the applicable regulatory
requirements at 40 CFR part 51.
IV. 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);
• 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
3 See
PO 00000
62 FR 27968 (May 22, 1997).
Frm 00034
Fmt 4700
Sfmt 4700
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).
Because this final rule merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law, this final rule for
the State of South Carolina does not
have Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). Therefore, this
action will not impose substantial direct
costs on Tribal governments or preempt
Tribal law. The Catawba Indian Nation
(CIN) 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 (Settlement Act), ‘‘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.’’ The CIN
also retains authority to impose
regulations applying higher
environmental standards to the
Reservation than those imposed by state
law or local governing bodies, in
accordance with the Settlement Act.
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 December 27, 2021. 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
E:\FR\FM\28OCR1.SGM
28OCR1
59643
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
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, Carbon monoxide,
Incorporation byreference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
Authority: 42 U.S.C. 7401 et seq.
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart PP—South Carolina
Dated: October 21, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
2. Section 52.2120(c), is amended
under the heading ‘‘Regulation No.
62.1’’ by revising the entry for ‘‘Section
I’’ to read as follows:
■
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
§ 52.2120
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED SOUTH CAROLINA REGULATIONS
Title/subject
Regulation No. 62.1 ........................
Definitions and General Requirements.
Definitions .......................................
Section I ..........................................
*
*
*
*
*
*
*
*
[FR Doc. 2021–23349 Filed 10–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0368; FRL–8716–02–
R9]
Air Plan Approval; Nevada; Revisions
to Clark County Ozone Maintenance
Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State of
Nevada’s state implementation plan
(SIP) for Clark County. The revision
consists of an update to certain elements
of the maintenance plan for the Clark
County air quality planning area for the
1997 8-hour ozone national ambient air
quality standards (NAAQS or
‘‘standards’’), including certain
emissions inventories and motor vehicle
emissions budgets. The EPA is
approving the SIP revision because the
Clark County ozone maintenance plan,
as revised, continues to provide for
maintenance of the 1997 ozone NAAQS
and will not interfere with attainment or
reasonable further progress of the other
NAAQS, and the motor vehicle
SUMMARY:
jspears on DSK121TN23PROD with RULES1
State effective
date
State citation
VerDate Sep<11>2014
16:25 Oct 27, 2021
Jkt 256001
4/24/2020
*
EPA approval date
10/28/2021 [Insert citation of publication].
*
emissions budgets meet the applicable
transportation conformity requirements.
DATES: This rule will be effective on
November 29, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2021–0368. 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 or other information whose
disclosure is restricted by statute.
Certain other materials, 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 availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Karina O’Connor, Air Planning Office
(AIR–2), EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105; By
phone: (775) 434–8176 or by email at
oconnor.karina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA.
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
Explanation
*
*
Table of Contents
I. Summary of the Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
On August 9, 2021 (86 FR 43461),
under section 110(k) of the Clean Air
Act (‘‘Act’’ or CAA), the EPA proposed
to approve a SIP revision titled
‘‘Revision to Motor Vehicle Emissions
Budgets for the 1997 Ozone NAAQS,
Clark County, Nevada’’ (August 2020)
(herein referred to as the ‘‘2020 Ozone
Maintenance Plan Revision’’), submitted
by the Nevada Division of
Environmental Protection (NDEP) on
September 30, 2020.1 The 2020 Ozone
Maintenance Plan Revision updates
certain elements of the maintenance
plan for Clark County for the 1997
ozone NAAQS, including certain
emissions inventories and the motor
vehicle emissions budgets (‘‘budgets’’ or
MVEBs). The 2020 Ozone Maintenance
Plan Revision was prepared in response
to the EPA’s conditional approval of the
‘‘Revision to Motor Vehicle Emissions
Budgets in Ozone Redesignation
Request and Maintenance Plan: Clark
County, Nevada’’ (October 2018) (herein
referred to as the ‘‘2018 Ozone
Maintenance Plan Revision’’).2 The
1 NDEP submitted the 2020 Ozone Maintenance
Plan Revision electronically on September 30, 2020,
as an attachment to a transmittal letter dated
September 25, 2020.
2 84 FR 44699 (August 27, 2019).
E:\FR\FM\28OCR1.SGM
28OCR1
]]>Agencies
[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Rules and Regulations]
[Pages 59641-59643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23349]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0445; FRL-8779-02-R4]
Air Plan Approval; SC; Revisions to Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a State Implementation Plan (SIP) revision submitted by the
State of South Carolina, through the South Carolina Department of
Health and Environmental Control (SC DHEC or Department), on April 24,
2020. The SIP revision updates the definition of ``Spec. Oil
(Specification Oil)'' and makes minor updates to formatting and
numbering. EPA is finalizing approval of these changes pursuant to the
Clean Air Act (CAA or Act) and implementing federal regulations.
DATES: This rule is effective November 29, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0445. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be 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 and Radiation 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: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 24, 2020, SC DHEC submitted a SIP revision to EPA for
approval that includes changes to South Carolina Regulation 61-62.1,
Section I--Definitions.\1\ First, SC DHEC's April 24,
[[Page 59642]]
2020, SIP revision includes minor updates to numbering and formatting.
Second, the SIP revision updates the definition of ``Spec. Oil
(Specification Oil)'' at Paragraph 97(a) within the definition of
``Used Oil.'' Specifically, the revised definition of ``Spec. Oil''
would remove the phrase ``Nickel--120 ppm [parts per million]
maximum,'' thus eliminating the nickel specification for ``Spec. Oil.''
In the South Carolina SIP's definition of ``Used Oil,'' ``Spec. Oil''
and ``Non-Spec. Oil'' \2\ are listed as ``[t]wo (2) types'' of ``used
oil.'' Notably, the terms ``Spec. Oil'' and ``Specification Oil'' do
not currently appear anywhere else in South Carolina's SIP outside of
the definition of ``Used Oil.''
---------------------------------------------------------------------------
\1\ In the April 24, 2020, SIP revision SC DHEC also submitted
to EPA changes to Regulations 61-62.1, Section II--Permit
Requirements; 61-62.1, Section III--Emission Inventory and Emissions
Statement; 61-62.1, Section IV--Source Tests; 61-62.1, Section V--
Credible Emissions; 61-62.5, Standard No. 2--Ambient Air Quality
Standards; 61-62.5, Standard 5.2--Control of Oxides of Nitrogen
(NOX); 61-62.5, Standard 7--Prevention of Significant Deterioration;
and 61-62.5, Standard 7.1--Nonattainment New Source Review (NSR).
EPA will address these SIP revisions in separate actions.
\2\ ``Non-Spec. Oil (Off Spec Oil)'' is defined as ``[u]sed oil
that does not meet the specification above.'' S.C. Code Regs. 61-
62.1 sec. I (97)(b). Therefore, used oil that does not meet the
definition of ``Spec. Oil'' is still considered ``Used Oil.'' Id.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published in the Federal
Register on August 4, 2021 (86 FR 41914), EPA proposed to approve the
aforementioned changes from South Carolina's April 24, 2020, SIP
revision. The details of South Carolina's submittal and the rationale
for EPA's approval are further explained in the August 4, 2021, NPRM.
Comments on the August 4, 2021, NPRM were due on or before September 3,
2021. EPA did not receive any comments, adverse or otherwise, on the
August 4, 2021, NPRM.
II. Incorporation by Reference
In this document, 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's Regulation 61-62.1, Definitions and General Requirements,
Section I--Definitions, state effective on April 24, 2020. 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
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.\3\
---------------------------------------------------------------------------
\3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is finalizing approval of revisions to the SIP-approved version
of South Carolina Regulation 61-62.1, Section I--Definitions, state
effective on April 24, 2020. EPA has determined that these revisions
meet the applicable requirements of section 110 of the CAA and the
applicable regulatory requirements at 40 CFR part 51.
IV. 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);
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).
Because this final rule merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law, this final rule for the State of South
Carolina does not have Tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). Therefore, this action
will not impose substantial direct costs on Tribal governments or
preempt Tribal law. The Catawba Indian Nation (CIN) 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
(Settlement Act), ``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.'' The CIN also retains authority to impose regulations
applying higher environmental standards to the Reservation than those
imposed by state law or local governing bodies, in accordance with the
Settlement Act.
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 December 27, 2021. 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
[[Page 59643]]
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, Carbon monoxide,
Incorporation byreference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 21, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PP--South Carolina
0
2. Section 52.2120(c), is amended under the heading ``Regulation No.
62.1'' by revising the entry for ``Section I'' to read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
EPA-Approved South Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Regulation No. 62.1.............. Definitions and
General
Requirements.
Section I........................ Definitions........ 4/24/2020 10/28/2021 [Insert ...................
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-23349 Filed 10-27-21; 8:45 am]
BILLING CODE 6560-50-P
