Air Plan Approval; South Carolina; 2018 General Assembly New Source Review Update, 59646-59648 [2021-23350]
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59646
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§ 52.1475
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
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[Removed and Reserved]
3. Section 52.1475 is removed and
reserved.
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[FR Doc. 2021–23377 Filed 10–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0524; FRL–8762–02–
R4]
Air Plan Approval; South Carolina;
2018 General Assembly New Source
Review Update
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jspears on DSK121TN23PROD with RULES1
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is finalizing approval of
State Implementation Plan (SIP)
revisions submitted by the State of
South Carolina, through the South
Carolina Department of Health and
Environmental Control (SCDHEC or
Department), on April 24, 2020. The SIP
revisions update the State’s Prevention
of Significant Deterioration (PSD) and
Nonattainment New Source Review
(NNSR) regulations. Specifically, the
SIP revisions add and update several
definitions for consistency with the
Federal regulations, update public
participation requirements for PSD,
clarify the applicability of ‘‘source
impact analysis’’ for PSD, add an
emissions offset banking provision for
NNSR, and make administrative
updates, such as typographical
corrections and renumbering. Finally,
the changes incorporate language that
addresses the public notice rule
provisions for NNSR, which removes
the mandatory requirements to provide
public notice in a newspaper and
instead allows for electronic notice (‘‘enotice’’) as an alternate noticing option
for the State. EPA is approving these
revisions 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–
2020–0524. 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.
SUMMARY:
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Jkt 256001
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.
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, SDHEC submitted
SIP revisions to EPA for approval that
include changes to South Carolina’s
major source New Source Review (NSR)
permitting regulations to make them
more closely align with Federal
requirements for PSD and NNSR
permitting; correct typographical errors;
and update internal references,
including renumbering throughout both
regulations. Specifically, these changes
update South Carolina Regulation 61–
62.5, Standard No. 7—Prevention of
Significant Deterioration and Standard
No. 7.1—Nonattainment New Source
Review.1 Additionally, the SIP revisions
include an update to the public noticing
procedures for South Carolina’s NNSR
regulations to address changes
promulgated in the Federal rule entitled
‘‘Revisions to Public Notice Provisions
in Clean Air Act Permitting Programs,’’
(also referred to as the e-Notice Rule)
1 On
April 24, 2020, SDHEC also submitted to
EPA SIP revisions to Regulations 61–62.1, Section
I—Definitions; 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; and 61–62.5,
Standard 5.2—Control of Oxides of Nitrogen (NOX).
EPA will address these SIP revisions in separate
actions.
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that was finalized in 2016. See 81 FR
71613 (October 18, 2016).2
On July 29, 2021, EPA published a
notice of proposed rulemaking (NPRM),
proposing to approve with some
exceptions, the changes submitted by
South Carolina on April 24, 2020. 3 See
86 FR 40796. Comments on the NPRM
were due by August 30, 2021. EPA
received only one comment on the
NPRM, which was in favor of EPA’s
action. The one comment received can
be found in the docket for this action.
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 61–62.5, Standards No. 7—
Prevention of Significant Deterioration,
and Standard No. 7.1—Nonattainment
New Source Review, both state effective
on April 24, 2020, with the exception of
paragraph (H), and a portion of
paragraphs (A)(10)(t), and (B)(22)(c)(xx),
from Regulation 61–62.5, Standard No.
7.1, as discussed in the NPRM.4 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.5
III. Final Action
As described in more detail in the
NPRM, EPA is approving, with some
exceptions, the changes to the South
Carolina Regulation 61–62.5, Standards
No. 7—Prevention of Significant
Deterioration, and Standard No. 7.1—
Nonattainment New Source Review, as
submitted by South Carolina on April
24, 2020.
2 EPA previously approved e-notice provisions for
South Carolina’s PSD program. See 83 FR 64285
(December 14, 2018). Although the e-notice
provisions in the State’s NNSR program are being
incorporated into the SIP for the first time, the April
24, 2020, SIP revisions also include updates to the
already SIP-approved e-notice provisions in South
Carolina’s SIP-approved PSD program.
3 For more details on the exemptions to EPA’s
approval, see the NPRM for this action.
4 See 86 FR 40796 at 40798.
5 See 62 FR 27968 (May 22, 1997).
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59647
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
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
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 by reference,
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
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart PP—South Carolina
2. Section 52.2120(c) is amended by
revising the entries for ‘‘Standard No. 7’’
and ‘‘Standard No. 7.1’’ to read as
follows:
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§ 52.2120
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Identification of plan.
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EPA-APPROVED SOUTH CAROLINA REGULATIONS
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State citation
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Standard No. 7 ..............
Standard No. 7.1 ...........
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Prevention of Significant Deterioration.
Nonattainment New
Source Review.
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4/24/2020
4/24/2020
EPA approval date
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10/28/2021, [Insert citation of publication].
10/28/2021, [Insert citation of publication].
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Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
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contact the person identified in the FOR
section.
FOR FURTHER INFORMATION CONTACT: Ben
Leers, Air Planning Office (AIR–2), EPA
Region IX, (415) 947–4279, leers.ben@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
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FURTHER INFORMATION CONTACT
[FR Doc. 2021–23350 Filed 10–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
EPA–R09–OAR–2021–0426; FRL–8710–02–
R9]
Designation of Areas for Air Quality
Planning Purposes; California; Eastern
Kern, Sacramento Metro, and Western
Nevada 2015 Ozone Nonattainment
Areas; Reclassification to Serious
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Under the Clean Air Act
(CAA), the Environmental Protection
Agency (EPA) is granting requests by the
California Air Resources Board (CARB
or ‘‘State’’) to reclassify three
nonattainment areas in California from
‘‘Moderate’’ to ‘‘Serious’’ for the 2015
ozone national ambient air quality
standards (NAAQS). These three areas
are herein referred to as the Eastern
Kern, Sacramento Metro, and Western
Nevada nonattainment areas. In
connection with the reclassification, the
EPA is establishing deadlines for
submittal of revisions to the Eastern
Kern, Sacramento Metro, and Western
Nevada portions of the California State
implementation plan (SIP) to meet
additional requirements for Serious
ozone nonattainment areas.
DATES: This rule is effective November
29, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2021–0426. 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.
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 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
jspears on DSK121TN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
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Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On August 13, 2021, the EPA
proposed to grant requests by the State
of California to reclassify the Eastern
Kern, Sacramento Metro, and Western
Nevada nonattainment areas from
Moderate to Serious for the 2015 ozone
NAAQS.1 Our August 13, 2021
proposed rule provides background
information on the EPA’s promulgation
of the 2015 ozone NAAQS and area
designations, classifications, and
reclassifications for the 2015 ozone
NAAQS.
The proposed rule describes CARB’s
requests for reclassification of the
Eastern Kern, Sacramento Metro, and
Western Nevada nonattainment areas
from Moderate to Serious for the 2015
ozone NAAQS and the basis for our
proposed approval of the requests. The
proposed rule also describes the Serious
area requirements applicable to the
Eastern Kern, Sacramento Metro, and
Western Nevada nonattainment areas
following the EPA’s approval of the
voluntary reclassification requests and
proposes a schedule for CARB to submit
SIP revisions that address these
requirements. Lastly, the proposed rule
addresses the implications of the
reclassification on the areas of Indian
country geographically located within
the borders of the Sacramento Metro
nonattainment area. Please see the
proposed rule for further detail
concerning these topics.
In this document, we are taking final
action to grant CARB’s requests to
reclassify the Eastern Kern, Sacramento
Metro, and Western Nevada
nonattainment areas to Serious
nonattainment for the 2015 ozone
NAAQS. Pursuant to the
reclassification, these areas will be
required to attain the 2015 ozone
NAAQS as expeditiously as practicable,
but no later than August 3, 2027. We are
also taking final action to establish a
schedule for CARB to submit SIP
revisions addressing Serious area
1 86
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FR 44677.
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requirements and to submit revisions to
the title V operating permit rules for the
Eastern Kern, Sacramento Metro, and
Western Nevada nonattainment areas.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no adverse
comments and one comment in support
of our proposed action. The comment
letter is available in the docket for this
rulemaking.
III. EPA Action
Pursuant to CAA section 181(b)(3)
and 40 CFR 51.1103(b), the EPA is
granting a request by the State of
California to reclassify the Eastern Kern,
Sacramento Metro, and Western Nevada
nonattainment areas from Moderate to
Serious for the 2015 ozone NAAQS. In
connection with the reclassifications,
the EPA is establishing a deadline of no
later than August 3, 2022 (i.e., four years
from the areas’ date of initial
designation as nonattainment for the
2015 ozone NAAQS) for the submittal of
SIP revisions addressing the Serious
area requirements applicable to each of
these areas.2 Under CAA section 301(a),
we are also establishing August 3, 2022,
as the deadline for the submittal of any
corresponding revisions, or
certifications, as appropriate, to the NSR
and title V program rules that apply in
the affected areas. We are establishing a
deadline of November 29, 2023 (i.e., 24
months from the effective date of our
reclassification of the areas to Serious)
for the submittal of SIP revisions
addressing the Serious area reasonably
available control technology (RACT)
requirements for each of these areas.
Additionally, the EPA is establishing a
deadline for implementation of Serious
area RACT rules as expeditiously as
practicable but no later than January 1,
2026.3 Finally, as described in the
2 As described in the proposed rule, these
requirements include an attainment demonstration,
reasonable further progress demonstration,
reasonably available control measures, contingency
measures, enhanced motor vehicle inspection and
maintenance program, and clean fuel vehicle
program. The proposed rule includes more
information about these requirements and their
applicability to each area. See 86 FR 44677, 44678.
3 Under 40 CFR 51.1312(a)(3)(ii), states must
provide for implementation of RACT required
pursuant to reclassification as expeditiously as
practicable, but no later than the start of the
attainment year ozone season associated with the
area’s new attainment deadline, or January 1 of the
third year after the associated SIP revision submittal
deadline (whichever is earlier). Because ozone
nonattainment areas in California have a year-round
ozone season, the start of the attainment year ozone
season associated with each area’s new attainment
date is January 1, 2027. January 1 of the third year
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[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Rules and Regulations]
[Pages 59646-59648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23350]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0524; FRL-8762-02-R4]
Air Plan Approval; South Carolina; 2018 General Assembly New
Source Review Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of State Implementation Plan (SIP) revisions submitted by the
State of South Carolina, through the South Carolina Department of
Health and Environmental Control (SCDHEC or Department), on April 24,
2020. The SIP revisions update the State's Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NNSR)
regulations. Specifically, the SIP revisions add and update several
definitions for consistency with the Federal regulations, update public
participation requirements for PSD, clarify the applicability of
``source impact analysis'' for PSD, add an emissions offset banking
provision for NNSR, and make administrative updates, such as
typographical corrections and renumbering. Finally, the changes
incorporate language that addresses the public notice rule provisions
for NNSR, which removes the mandatory requirements to provide public
notice in a newspaper and instead allows for electronic notice (``e-
notice'') as an alternate noticing option for the State. EPA is
approving these revisions 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-2020-0524. 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 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, SDHEC submitted SIP revisions to EPA for
approval that include changes to South Carolina's major source New
Source Review (NSR) permitting regulations to make them more closely
align with Federal requirements for PSD and NNSR permitting; correct
typographical errors; and update internal references, including
renumbering throughout both regulations. Specifically, these changes
update South Carolina Regulation 61-62.5, Standard No. 7--Prevention of
Significant Deterioration and Standard No. 7.1--Nonattainment New
Source Review.\1\ Additionally, the SIP revisions include an update to
the public noticing procedures for South Carolina's NNSR regulations to
address changes promulgated in the Federal rule entitled ``Revisions to
Public Notice Provisions in Clean Air Act Permitting Programs,'' (also
referred to as the e-Notice Rule) that was finalized in 2016. See 81 FR
71613 (October 18, 2016).\2\
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\1\ On April 24, 2020, SDHEC also submitted to EPA SIP revisions
to Regulations 61-62.1, Section I--Definitions; 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; and 61-62.5, Standard 5.2--Control of Oxides of
Nitrogen (NOX). EPA will address these SIP revisions in separate
actions.
\2\ EPA previously approved e-notice provisions for South
Carolina's PSD program. See 83 FR 64285 (December 14, 2018).
Although the e-notice provisions in the State's NNSR program are
being incorporated into the SIP for the first time, the April 24,
2020, SIP revisions also include updates to the already SIP-approved
e-notice provisions in South Carolina's SIP-approved PSD program.
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On July 29, 2021, EPA published a notice of proposed rulemaking
(NPRM), proposing to approve with some exceptions, the changes
submitted by South Carolina on April 24, 2020. \3\ See 86 FR 40796.
Comments on the NPRM were due by August 30, 2021. EPA received only one
comment on the NPRM, which was in favor of EPA's action. The one
comment received can be found in the docket for this action.
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\3\ For more details on the exemptions to EPA's approval, see
the NPRM for this action.
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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 61-62.5, Standards No. 7--Prevention of
Significant Deterioration, and Standard No. 7.1--Nonattainment New
Source Review, both state effective on April 24, 2020, with the
exception of paragraph (H), and a portion of paragraphs (A)(10)(t), and
(B)(22)(c)(xx), from Regulation 61-62.5, Standard No. 7.1, as discussed
in the NPRM.\4\ 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.\5\
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\4\ See 86 FR 40796 at 40798.
\5\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
As described in more detail in the NPRM, EPA is approving, with
some exceptions, the changes to the South Carolina Regulation 61-62.5,
Standards No. 7--Prevention of Significant Deterioration, and Standard
No. 7.1--Nonattainment New Source Review, as submitted by South
Carolina on April 24, 2020.
[[Page 59647]]
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 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 by reference, 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 by revising the entries for ``Standard
No. 7'' and ``Standard No. 7.1'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Standard No. 7................. Prevention of 4/24/2020 10/28/2021, .......................
Significant [Insert citation
Deterioration. of publication].
Standard No. 7.1............... Nonattainment New 4/24/2020 10/28/2021, Except for paragraph
Source Review. [Insert citation (H) and the ethanol
of publication]. production facilities
exclusion in
paragraphs (A)(10)(t)
and (B)(22)(c)(xx).
* * * * * * *
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[[Page 59648]]
* * * * *
[FR Doc. 2021-23350 Filed 10-27-21; 8:45 am]
BILLING CODE 6560-50-P
