Air Plan Approval; SC; Updates to the Cross-State Air Pollution Rule, 99180-99184 [2024-28873]
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Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Proposed Rules
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• 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
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. The EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies.’’ The EPA further defines the
term fair treatment to mean that ‘‘no
group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’ The air agency did not
evaluate environmental justice
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
The EPA did not perform an EJ analysis
and did not consider EJ in this action.
Due to the nature of the action being
taken here, this action is expected to
have a neutral to positive impact on the
air quality of the affected area.
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Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
communities with EJ concerns.
The SIP is not approved to apply on
any Indian reservation land in
Washington except as specifically noted
below and is also not approved to apply
in any other area where the EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rulemaking does not
have Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on Tribal
governments or preempt Tribal law.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 3, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2024–28804 Filed 12–9–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2024–0006; FRL–12050–
01–R4]
Air Plan Approval; SC; Updates to the
Cross-State Air Pollution Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted through the South
Carolina Department of Health and
Environmental Control (SC DHEC) on
September 26, 2023, regarding updates
to the State’s Cross-State Air Pollution
Rule (CSAPR) emissions trading
programs. The SIP revision incorporates
by reference (IBRs) certain amendments
EPA has made to the regulations for the
Federal CSAPR trading programs for
annual emissions of nitrogen oxides
(NOX) and sulfur dioxide (SO2) for large
electric generating units (EGUs). EPA
created these Federal trading programs
SUMMARY:
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in 2011 as market-based mechanisms for
South Carolina and certain other States
to address their obligations to
downwind States under the Clean Air
Act (CAA or Act)’s good neighbor
provision with respect to the national
ambient air quality standards (NAAQS)
for fine particulate matter (PM2.5). EPA
is proposing to approve South
Carolina’s September 26, 2023, SIP
revision because it is consistent with
EPA’s good neighbor CSAPR trading
programs and the CAA.
DATES: Comments must be received on
or before January 9, 2025.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2024–0006 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Josue Ortiz Borrero, 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.
Mr. Ortiz can be reached via phone
number (404) 562–8085 or via electronic
mail at ortizborrero.josue@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve the
portions of SC DHEC’s 1 September 26,
1 On July 1, 2024, SC DHEC was restructured into
a health agency, the Department of Public Health,
and an environmental agency, the Department of
Environmental Services (DES). In a letter dated June
20, 2024, South Carolina represented to EPA that
all the functions, powers, and duties of the
environmental divisions, offices, and programs of
DHEC, including the authority to administer and
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2023, SIP submission that updates
South Carolina’s State trading programs
at Regulation 61–62.97, Cross-State Air
Pollution Rule (CSAPR) Trading
Program, Subpart A—South Carolina
CSAPR NOX Annual Trading Program,
and Subpart B—South Carolina CSAPR
SO2 Group 2 Trading Program. Large
EGUs in South Carolina are subject to
these two State CSAPR trading programs
for annual NOX and SO2 emissions,
which are precursors to PM2.5, to
address the State’s good neighbor
obligation for the 1997 annual PM2.5
NAAQS. The State CSAPR trading
programs are integrated with the Federal
CSAPR NOX Annual Trading Program
and the Federal CSAPR SO2 Group 2
Trading Program established by EPA’s
regulations at 40 CFR part 97, subparts
AAAAA and DDDDD, respectively. As
adopted by the State before this SIP
revision and as previously approved by
EPA into the SIP, the State’s CSAPR
trading program regulations generally
IBR the Federal CSAPR trading program
regulations as the Federal regulations
had been amended through October 26,
2016. The September 26, 2023, SIP
submission would update the IBR
language to reflect amendments EPA
made to the Federal CSAPR trading
program regulations in the 2021 Revised
CSAPR Update 2 and the 2022
Recordation Rule.3 The SIP revision
would also correct two cross-references
in the State’s rule. Section II, below,
briefly summarizes the framework of the
CSAPR trading programs and how those
programs are implemented in South
Carolina.
EPA is proposing to approve South
Carolina’s September 26, 2023, SIP
revision because it is consistent with
EPA’s good neighbor CSAPR trading
programs and the CAA.4 Please refer to
the Federal Register citations referenced
herein, for additional detailed
enforce State Implementation Plans, are retained
and continued in full force and effect under DES.
The letter is in the docket for this proposed
rulemaking. The State agency will simply be
referred to as the State or South Carolina for the
remainder of this document.
2 Revised Cross-State Air Pollution Rule Update
for the 2008 Ozone NAAQS, 86 FR 23054 (Apr. 30,
2021).
3 Deadlines for Submission and Recordation of
Allowance Allocations Under the Cross-State Air
Pollution Rule (CSAPR) Trading Programs and the
Texas SO2 Trading Program, 87 FR 52473 (Aug. 26,
2022).
4 EPA is not taking action on changes reflected in
this submittal to South Carolina Regulation 61–
62.60, subpart XXX, subpart IIII, subpart JJJJ, and
South Carolina Regulation 61–62.63, subpart C,
subpart AAAA, subpart YYYY, subpart ZZZZ,
subpart DDDDD, subpart GGGGG, subpart IIIII, and
subpart HHHHHH, since these rules are not part of
the SIP.
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established in subpart AAAAA of 40
CFR part 97 and the Federal CSAPR SO2
Group 2 Trading Program established in
II. Background on CSAPR and CSAPRsubpart DDDDD of 40 CFR part 97.9
Related Rulemakings
In the 2016 CSAPR Update, EPA
EPA published the original CSAPR in determined that emissions from South
August 2011 to address the
Carolina do not significantly contribute
requirements of CAA section
to nonattainment or interfere with
110(a)(2)(D)(i)(I), known as the ‘‘good
maintenance of the 1997 or 2008 ozone
neighbor’’ provision, concerning
NAAQS in other States.10 As a result,
interstate transport of air pollution.5 See EGUs in South Carolina ceased to be
42 U.S.C. 7410(a)(2)(D)(i)(I). Acting to
subject to the Federal CSAPR NOX
address the same statutory provision,
Ozone Season Trading Program
6
EPA published the CSAPR Update in
requirements starting with the 2017
October 2016 and the Revised CSAPR
ozone season.11 The CSAPR Update
Update in April 2021. The three rules
included technical corrections to all the
collectively require 27 southern,
trading programs established in CSAPR
midwestern, and eastern States to limit
but did not otherwise address the 1997
their statewide emissions of SO2 and/or or 2006 PM2.5 NAAQS. South Carolina’s
NOX in order to mitigate transported air EGUs that meet the CSAPR applicability
pollution unlawfully impacting other
criteria therefore continued to be subject
States’ ability to attain or maintain one
to the CSAPR requirements to
or more of the following four NAAQS:
participate in the Federal CSAPR NOX
the 1997 annual PM2.5 NAAQS, the 2006 Annual Trading Program and the
24-hour PM2.5 NAAQS, the 1997 8-hour Federal CSAPR SO2 Group 2 Trading
ozone NAAQS, and the 2008 8-hour
Program to address the State’s good
ozone NAAQS. To implement the
neighbor obligation with respect to the
required emissions reductions, the rules 1997 annual PM NAAQS.
2.5
include Federal implementation plans
CSAPR includes provisions under
(FIPs) that require EGUs in each covered which States may submit and EPA will
State to participate in one or more of six approve SIP revisions to modify or
Federal emissions trading programs
replace the CSAPR FIP requirements
established under regulations set forth
while allowing States to continue to
at 40 CFR part 97, subparts AAAAA
meet their good neighbor obligations
7
through EEEEE and GGGGG.
using either CSAPR’s Federal emissions
As part of the original CSAPR in 2011, trading programs or State emissions
EPA determined that emissions from
trading programs integrated with the
South Carolina significantly contributed
Federal programs.12 South Carolina took
to nonattainment or interference with
advantage of these provisions in 2017.
maintenance of the 1997 ozone NAAQS
That year, South Carolina submitted and
and the 1997 24-hour PM2.5 NAAQS in
EPA approved revisions to South
other States.8 To address South
Carolina’s SIP establishing two State
Carolina’s good neighbor obligations
CSAPR trading programs that replaced
with respect to the 1997 ozone NAAQS,
the two Federal CSAPR trading
the State’s large EGUs became subject to
programs regarding South Carolina
the Federal CSAPR NOX Ozone Season
EGUs for annual emissions of NOX and
Trading Program established in subpart
SO2.13 EPA approved South Carolina’s
BBBBB of 40 CFR part 97, and to
2017 SIP submission in an action
address the State’s good neighbor
published on October 13, 2017, which
obligations with respect to the 1997
added Regulation 61–62.97, Cross-State
PM2.5 NAAQS, the State’s large EGUs
Air Pollution Rule (CSAPR) Trading
because subject to the Federal CSAPR
Program, to the South Carolina SIP. This
NOX Annual Trading Program
rule contains two subparts: 61–62.97,
Subpart A—South Carolina CSAPR NOX
5 Federal Implementation Plans: Interstate
Annual Trading Program, and 61–62.97,
Transport of Fine Particulate Matter and Ozone and
Subpart B—South Carolina CSAPR SO2
Correction of SIP Approvals, 76 FR 48208 (Aug. 8,
2011).
Group 2 Trading Program. In general,
6 Cross-State Air Pollution Rule Update for the
each subpart in South Carolina’s CSAPR
background on the CSAPR and
subsequent rulemakings.
2008 Ozone NAAQS, 81 FR 74504 (Oct. 26, 2016).
7 The trading programs established under CSAPR,
the CSAPR Update, and the Revised CSAPR Update
include a program for annual NOX emissions; two
geographically separate programs for annual SO2
emissions; and three geographically separate
programs for ozone-season NOX emissions. While
some of the requirements set forth in these three
rules have been amended in subsequent rules, the
subsequent amendments are not relevant to the
South Carolina SIP revision addressed in this
action.
8 See 76 FR at 48212.
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9 See
76 FR at 48373–74.
81 FR at 74555.
10 See
11 Id.
12 See 40 CFR 52.38, 52.39. States also retain the
ability to submit SIP revisions to meet their good
neighbor obligations using mechanisms other than
the CSAPR Federal trading programs or integrated
State trading programs.
13 See Air Plan Approval; South Carolina; CrossState Air Pollution Rule, 82 FR 47936 (October 13,
2017).
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State trading program rule was designed
to replace the corresponding Federal
trading program regulations.14 South
Carolina’s CSAPR trading programs are
integrated with the Federal CSAPR NOX
Annual Trading Program and the
Federal CSAPR SO2 Group 2 Trading
Program. The State trading programs are
substantively identical to the Federal
trading programs as amended in the
CSAPR Update.15
Since EPA’s approval of the two State
CSAPR trading programs into South
Carolina’s SIP in 2017, EPA has
promulgated changes to the Federal
CSAPR trading programs at 40 CFR part
97, subparts AAAAA and DDDDD, in
the Revised CSAPR Update in 2021 and
the Recordation Rule in 2022. The
primary purpose of the Revised CSAPR
Update rulemaking was to complete the
evaluation of good neighbor obligations
of certain States (not including South
Carolina) with respect to the 2008 ozone
NAAQS.16 However, that rule also made
certain amendments to subparts
AAAAA and DDDDD of part 97,
including adjustments to the procedures
for allocating allowances from the
portions of the States’ emissions budgets
set aside for potential allocation to new
units (with conforming adjustments to
the assurance provisions) 17 as well as
extensions to the deadlines for EPA to
record allocations of allowances in
sources’ compliance accounts and for
sources to hold allowances after each
control period, whether the sources
participate in the integrated trading
programs under FIPs or under approved
SIP revisions. The Recordation Rule
further extended the deadlines for EPA
14 South Carolina Regulation 61–62.97, Subpart
A—South Carolina CSAPR NOX Annual Trading
program is designed to IBR most of subpart AAAAA
of 40 CFR part 97, while separately listing the Phase
2 annual NOX trading budgets, set-asides, and
variability limits found at 40 CFR 97.410(a)(18)(iv)
through (vi) and (b)(18). Regulation 61–62.97,
Subpart B—South Carolina CSAPR SO2 Group 2
Trading Program is designed to IBR most of subpart
DDDDD of 40 CFR part 97, while separately listing
the Phase 2 annual SO2 budgets, set-asides, and
variability limits found at 40 CFR and
97.710(a)(6)(iv) through (vi) and (b)(6).
15 South Carolina retains EPA’s default allowance
allocation methodology, and EPA remains the
implementing authority for administration of the
trading program.
16 The Revised CSAPR Update did not reopen
EPA’s determination in the CSAPR Update that
South Carolina does not contribute significantly to
nonattainment in, or interfere with maintenance by,
any other State with respect to the 2008 ozone
NAAQS. See 86 FR 23067 & n.60.
17 The CSAPR trading programs’ ‘‘assurance
provisions’’ require the surrender of additional
allowances if total emissions from a state’s sources
in a control period exceed the state’s ‘‘assurance
level,’’ which equals the state’s emissions budget
plus a defined ‘‘variability limit.’’ See, e.g., 40 CFR
97.406(c)(2) and 97.425.
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to record allocations of allowances in
sources’ compliance accounts.
South Carolina’s current September
26, 2023, SIP revision would update the
State’s Air Pollution Control
Regulations and Standards at Regulation
61–62.97 to align with the changes
made by EPA to the Federal CSAPR
NOX Annual Trading Program at 40 CFR
part 97, subpart AAAAA, and the
Federal CSAPR SO2 Group 2 Trading
Program at 40 CFR part 97, subpart
DDDDD, in the Revised CSAPR Update
and the Recordation Rule.
III. South Carolina’s SIP Submission
and EPA’s Analysis
A. South Carolina’s SIP Submittal
As described in section II of this
preamble, EPA approved South
Carolina’s CSAPR SIP revision adopting
the State rule at Regulation 61–62.97 in
an action published on October 13,
2017, replacing the Federal CSAPR NOX
Annual and SO2 Group 2 trading
programs at 40 CFR part 97, subparts
AAAAA and DDDDD, for South
Carolina EGUs with State CSAPR
trading programs that are integrated
with and substantively identical to the
Federal trading programs.18 South
Carolina’s September 26, 2023, SIP
submission seeks approval into the SIP
of the State’s revisions to its State
CSAPR trading program rules that
incorporate by reference more recent
amendments to the Federal CSAPR
trading program regulations.
Specifically, the September 26, 2023,
SIP submission revises the IBR language
at Regulation 61–62.97, subpart A,
paragraph 1, and subpart B, paragraph 1,
to IBR specified revisions to the Federal
CSAPR trading programs made after the
previous October 26, 2016, IBR date and
through August 26, 2022. The
submission also corrects existing crossreferences in Regulation 61–62.97,
subpart A, paragraph 3, and subpart B,
paragraph 3.
B. EPA’s Analysis of South Carolina’s
SIP Submission
EPA is proposing to approve the
portions of South Carolina’s September
26, 2023, SIP submission that update
Regulation 61–62.97 by incorporating
the amendments to the Federal CSAPR
NOX Annual and SO2 Group 2 trading
programs at 40 CFR part 97 made in the
Revised CSAPR Update and the
Recordation Rule and by making
technical corrections to cross-references.
EPA’s analysis below describes the
specific changes included in the
18 See
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portions of the SIP submission that EPA
is proposing to approve.
South Carolina’s September 26, 2023,
SIP revision makes two distinct updates
to the State CSAPR trading program
rules at Regulation 61–62.97. First, the
SIP submission updates the IBR
language at subpart A, paragraph 1, and
subpart B, paragraph 1. The previously
approved language IBRs ‘‘the provisions
of the July 1, 2016, edition’’ of 40 CFR
part 97, subparts AAAAA and DDDDD,
‘‘as amended at 81 FR [74604–07 or
74618–21] (October 26, 2016),’’ where
the referenced amendment is a citation
to specific pages of the CSAPR Update.
The September 26, 2023, SIP revision
removes the phrase ‘‘as amended at 81
FR [74604–07 or 74618–21] (October 26,
2016)’’ and replaces it with the new
language ‘‘. . . as subsequently
amended upon publication in the
Federal Register as listed below . . .’’
and then adds tables 19 with citations to
the CSAPR Update (81 FR 74504;
October 26, 2016), the Revised CSAPR
Update (86 FR 23054; April 30, 2021),
and the Recordation Rule (87 FR 52473;
August 26, 2022). The revised IBR
language also adds the phrase ‘‘as if
fully repeated herein’’ to clarify that the
text of the Federal regulations covered
by the IBR is to be interpreted as if that
text was repeated verbatim in the State’s
own regulations. The revisions align the
format and phrasing of the IBR language
in the State’s CSAPR trading program
regulations with the format and
phrasing of the IBR language in the
State’s existing New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAP)
regulations.
The second update to the State
CSAPR trading program rules at
Regulation 61–62.97 in South Carolina’s
SIP submission revises subpart A,
paragraph 3, and subpart B, paragraph 3,
to correct existing cross-references. As
originally adopted into the State’s
regulations, these paragraphs provided
for ‘‘40 CFR 97.404(a)(1) and (b)(1)’’ and
‘‘40 CFR 97.704(a)(1) and (b)(1)’’ in the
Federal trading program regulations
covered by the IBR to be interpreted
with specified wording changes needed
to ensure that any EGUs in areas of
Indian country within the State’s
borders continue to be covered by the
Federal trading program regulations
rather than the State trading program
19 This revised IBR table format lists the CSAPR
rulemakings that amended the Federal NOX annual
and SO2 Group 2 trading programs at part 97
subpart AAAAA and DDDDD, respectively, and
establishes August 26, 2022, as the new date by
which part 97 amendments are incorporated into
Regulation 61–62.97.
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regulations. While EPA agreed with the
State’s wording changes, the paragraph
citations were not entirely correct. The
revisions included in this SIP revision
retain the same wording changes but
correct the paragraph citations so that
the wording changes apply to ‘‘40 CFR
97.404(a)(1) and (b)’’ and ‘‘40 CFR
97.704(a)(1) and (b)’’ instead.
The changes included in the
September 26, 2023, SIP submission
make the State CSAPR trading program
regulations more consistent with the
current Federal CSAPR trading program
regulations by incorporating
amendments that EPA made to the
Federal trading program regulations
after approving South Carolina’s CSAPR
trading program regulations into the SIP
and by correcting cross-references. EPA
therefore is proposing to approve the
portions of South Carolina’s September
26, 2023, SIP submission that revise
Regulation 61–62.97. EPA believes these
portions of the SIP submission are
consistent with the Federal CSAPR NOX
Annual and SO2 Group 2 trading
program regulations and the
implementing provisions that govern a
full CSAPR SIP revision and that the SIP
as revised would continue to satisfy the
State’s good neighbor obligation
pursuant to CAA section
110(a)(2)(D)(i)(I) to prohibit emissions
which will significantly contribute to
nonattainment or interfere with
maintenance of the 1997 annual PM2.5
NAAQS in any other State.
IV. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, and as
discussed in section III of this preamble,
EPA is proposing to incorporate by
reference South Carolina Regulation 61–
62.97, State effective August 25, 2023,
which adopts and incorporates by
reference Federal amendments to 40
CFR part 97, subpart AAAAA—CSAPR
NOX Annual Trading Program and
subpart DDDDD—CSAPR SO2 Group 2
Trading Program promulgated after
October 26, 2016, through August 26,
2022. 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).
V. Proposed Action
EPA is proposing to approve the
September 26, 2023, South Carolina SIP
revision consisting of changes to
Regulation 61–62.97, CSAPR Trading
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Program, in the South Carolina SIP for
the reasons discussed above.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely proposes to approve State
law as meeting Federal requirements
and does not impose additional
requirements beyond those imposed by
State law. For that reason, this proposed
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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
Because this proposed action merely
proposes to approve State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law, this
proposed action for the State of South
Carolina does not have Tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000). Therefore, this proposed action
will not impose substantial direct costs
on Tribal governments or preempt
Tribal law. The Catawba Indian Nation
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
99183
(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.
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. Executive Order
14096 (Revitalizing Our Nation’s
Commitment to Environmental Justice
for All, 88 FR 25251, April 26, 2023)
builds on and supplements E.O. 12898
and defines EJ as, among other things,
the just treatment and meaningful
involvement of all people regardless of
income, race, color, national origin, or
Tribal affiliation, or disability in agency
decision-making and other Federal
activities that affect human health and
the environment.
South Carolina did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this proposed
action. Due to the nature of the action
being proposed here, this proposed
action is expected to have a neutral to
positive impact on the air quality of the
affected area. Consideration of EJ is not
required as part of this proposed action,
and there is no information in the
record inconsistent with the stated goal
of E.O. 12898/14096 of achieving EJ for
communities with EJ concerns.
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, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
E:\FR\FM\10DEP1.SGM
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99184
Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Proposed Rules
Dated: December 4, 2024.
César Zapata,
Acting Regional Administrator, Region 4.
industry; pesticide users; and members
of the public interested in the sale,
distribution, or use of pesticides. Since
others also may be interested, the
Agency has not attempted to describe all
the specific entities that may be affected
by this action.
[FR Doc. 2024–28873 Filed 12–9–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2024–0431; FRL–12415–01–
OCSPP]
Chlorpyrifos; Tolerance Revocation
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to revoke all
tolerances for residues of chlorpyrifos,
except for those associated with the use
of chlorpyrifos on the following crops:
alfalfa, apple, asparagus, tart cherry,
citrus, cotton, peach, soybean,
strawberry, sugar beet, and spring and
winter wheat. This proposal also
addresses the request to revoke all
chlorpyrifos tolerances contained in the
September 12, 2007, petition submitted
by the Natural Resources Defense
Council (NRDC) and Pesticide Action
Network North America (PANNA).
DATES: Comments must be received on
or before February 10, 2025.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2024–0431,
through the Federal eRulemaking Portal
at https://www.regulations.gov. Follow
the online instructions for submitting
comments. Do not submit electronically
any information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Additional
instructions on commenting and visiting
the docket, along with more information
about dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Patricia Biggio, Pesticide Re-Evaluation
Division (7508M), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: 202–566–0700; email address:
OPPChlorpyrifosInquiries@epa.gov.
SUPPLEMENTARY INFORMATION:
khammond on DSK9W7S144PROD with PROPOSALS
SUMMARY:
I. General Information
A. Does this action apply to me?
This action is directed to the public
in general and may be of interest to a
wide range of stakeholders including
environmental, human health, and
agricultural advocates; the chemical
VerDate Sep<11>2014
16:25 Dec 09, 2024
Jkt 265001
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Office of the Federal
Register’s e-CFR site at https://
www.ecfr.gov/current/title-40.
C. What action is the Agency proposing?
EPA is proposing to revoke all
tolerances for residues of the insecticide
chlorpyrifos as contained in 40 CFR
180.342, except for those tolerances
associated with 11 uses that were
proposed for retention in the Agency’s
December 2020 Chlorpyrifos Proposed
Interim Decision (2020 PID). (Ref. 1) As
a result of voluntary cancellations and
label amendments, registrations of
chlorpyrifos will be limited in terms of
food uses to these crops within certain
states, as proposed in the 2020 PID and
EPA’s Updated Chlorpyrifos Refined
Drinking Water Assessment for
Registration Review (September 2020)
(‘‘2020 DWA’’) as described in Unit III
below. (Ref. 2)
Therefore, the Agency is proposing to
revoke all other tolerances that are not
needed as a result of the cancellations,
including uses in food handling
establishments and food service
establishments. This proposal will also
address the request to revoke
chlorpyrifos tolerances in the pending
2007 Petition from NRDC and PANNA.
D. What is EPA’s authority for taking
this action?
Pursuant to its authority under
section 408 of the Federal Food, Drug,
and Cosmetic Act (FFDCA), 21 U.S.C.
346a (https://www.govinfo.gov/link/
uscode/21/346a), EPA may respond to a
petition filed with the Agency under
FFDCA section 408(d) by issuing a
proposed and final rule under FFDCA
section 408(e). The 2007 Petition
requested that EPA revoke chlorpyrifos
tolerances, as well as cancel
chlorpyrifos registrations. EPA is
proposing to revoke chlorpyrifos
tolerances that will no longer be
necessary due to the cancellation of
domestic uses on those commodities.
Under section 408(e) of the FFDCA, EPA
may issue a rule revoking tolerances
after providing notice of a proposed
rulemaking and a period of not less than
60 days for public comment. 21 U.S.C.
346a(e).
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
E. What is the expected impact of this
action?
The revocations of these tolerances
are not expected to present
extraordinary circumstances because the
registrants have requested, pursuant to
the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) section 6(f) (7
U.S.C. 136d(f)), to voluntarily cancel
uses associated with these tolerances.
EPA is in the process of approving those
cancellation requests under FIFRA,
which means that soon the tolerances
will no longer be needed to cover
residues of chlorpyrifos in or on those
food commodities.
The revocations of tolerances could
impact foreign producers who use
chlorpyrifos to control insect pests and
importers of those commodities.
Shipments found to have residues could
not be sold in the United States, which
may represent a loss to importers or
their trading partners. It is possible that
these effects could have downstream
effects, such as raising costs to U.S.
consumers of these commodities.
Regardless of the potential impacts of
this action, tolerances can only be
maintained if they are safe, which is a
risk-only analysis under the FFDCA.
F. What can I do if I want the Agency
to maintain, for import purposes, a
tolerance that the Agency proposes to
revoke?
This proposed rule provides a 60-day
public comment period. All chlorpyrifos
registrants have already voluntarily
requested cancellation of all the uses of
chlorpyrifos associated with the
tolerances proposed for revocation in
this notice. Once those cancellations are
effective, those uses of chlorpyrifos on
these commodities will no longer be
registered in the United States, and once
use terminates under the applicable
existing stocks provisions, the
tolerances will no longer be necessary to
cover residues from use of the pesticide.
Any food being moved through
interstate commerce after tolerances are
revoked would be covered by the
FFDCA channels of trade provision, 21
U.S.C. 346a(l)(5), as described in Unit
VII.A. The Agency’s typical process,
e.g., during registration review, is to
remove tolerances from the regulations
that are no longer necessary. This avoids
confusion among the regulated
community by reflecting registered uses
and label directions and helps with
consistency in enforcement under the
FFDCA and FIFRA.
The only reason to retain a tolerance
in such circumstances is for import
purposes. Any commenter seeking to
retain tolerances for import purposes
E:\FR\FM\10DEP1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Proposed Rules]
[Pages 99180-99184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28873]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0006; FRL-12050-01-R4]
Air Plan Approval; SC; Updates to the Cross-State Air Pollution
Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted through
the South Carolina Department of Health and Environmental Control (SC
DHEC) on September 26, 2023, regarding updates to the State's Cross-
State Air Pollution Rule (CSAPR) emissions trading programs. The SIP
revision incorporates by reference (IBRs) certain amendments EPA has
made to the regulations for the Federal CSAPR trading programs for
annual emissions of nitrogen oxides (NOX) and sulfur dioxide
(SO2) for large electric generating units (EGUs). EPA
created these Federal trading programs in 2011 as market-based
mechanisms for South Carolina and certain other States to address their
obligations to downwind States under the Clean Air Act (CAA or Act)'s
good neighbor provision with respect to the national ambient air
quality standards (NAAQS) for fine particulate matter
(PM2.5). EPA is proposing to approve South Carolina's
September 26, 2023, SIP revision because it is consistent with EPA's
good neighbor CSAPR trading programs and the CAA.
DATES: Comments must be received on or before January 9, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0006 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, 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. Mr. Ortiz can be
reached via phone number (404) 562-8085 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve the portions of SC DHEC's \1\ September
26,
[[Page 99181]]
2023, SIP submission that updates South Carolina's State trading
programs at Regulation 61-62.97, Cross-State Air Pollution Rule (CSAPR)
Trading Program, Subpart A--South Carolina CSAPR NOX Annual
Trading Program, and Subpart B--South Carolina CSAPR SO2
Group 2 Trading Program. Large EGUs in South Carolina are subject to
these two State CSAPR trading programs for annual NOX and
SO2 emissions, which are precursors to PM2.5, to
address the State's good neighbor obligation for the 1997 annual
PM2.5 NAAQS. The State CSAPR trading programs are integrated
with the Federal CSAPR NOX Annual Trading Program and the
Federal CSAPR SO2 Group 2 Trading Program established by
EPA's regulations at 40 CFR part 97, subparts AAAAA and DDDDD,
respectively. As adopted by the State before this SIP revision and as
previously approved by EPA into the SIP, the State's CSAPR trading
program regulations generally IBR the Federal CSAPR trading program
regulations as the Federal regulations had been amended through October
26, 2016. The September 26, 2023, SIP submission would update the IBR
language to reflect amendments EPA made to the Federal CSAPR trading
program regulations in the 2021 Revised CSAPR Update \2\ and the 2022
Recordation Rule.\3\ The SIP revision would also correct two cross-
references in the State's rule. Section II, below, briefly summarizes
the framework of the CSAPR trading programs and how those programs are
implemented in South Carolina.
---------------------------------------------------------------------------
\1\ On July 1, 2024, SC DHEC was restructured into a health
agency, the Department of Public Health, and an environmental
agency, the Department of Environmental Services (DES). In a letter
dated June 20, 2024, South Carolina represented to EPA that all the
functions, powers, and duties of the environmental divisions,
offices, and programs of DHEC, including the authority to administer
and enforce State Implementation Plans, are retained and continued
in full force and effect under DES. The letter is in the docket for
this proposed rulemaking. The State agency will simply be referred
to as the State or South Carolina for the remainder of this
document.
\2\ Revised Cross-State Air Pollution Rule Update for the 2008
Ozone NAAQS, 86 FR 23054 (Apr. 30, 2021).
\3\ Deadlines for Submission and Recordation of Allowance
Allocations Under the Cross-State Air Pollution Rule (CSAPR) Trading
Programs and the Texas SO2 Trading Program, 87 FR 52473
(Aug. 26, 2022).
---------------------------------------------------------------------------
EPA is proposing to approve South Carolina's September 26, 2023,
SIP revision because it is consistent with EPA's good neighbor CSAPR
trading programs and the CAA.\4\ Please refer to the Federal Register
citations referenced herein, for additional detailed background on the
CSAPR and subsequent rulemakings.
---------------------------------------------------------------------------
\4\ EPA is not taking action on changes reflected in this
submittal to South Carolina Regulation 61-62.60, subpart XXX,
subpart IIII, subpart JJJJ, and South Carolina Regulation 61-62.63,
subpart C, subpart AAAA, subpart YYYY, subpart ZZZZ, subpart DDDDD,
subpart GGGGG, subpart IIIII, and subpart HHHHHH, since these rules
are not part of the SIP.
---------------------------------------------------------------------------
II. Background on CSAPR and CSAPR-Related Rulemakings
EPA published the original CSAPR in August 2011 to address the
requirements of CAA section 110(a)(2)(D)(i)(I), known as the ``good
neighbor'' provision, concerning interstate transport of air
pollution.\5\ See 42 U.S.C. 7410(a)(2)(D)(i)(I). Acting to address the
same statutory provision, EPA published the CSAPR Update \6\ in October
2016 and the Revised CSAPR Update in April 2021. The three rules
collectively require 27 southern, midwestern, and eastern States to
limit their statewide emissions of SO2 and/or NOX
in order to mitigate transported air pollution unlawfully impacting
other States' ability to attain or maintain one or more of the
following four NAAQS: the 1997 annual PM2.5 NAAQS, the 2006
24-hour PM2.5 NAAQS, the 1997 8-hour ozone NAAQS, and the
2008 8-hour ozone NAAQS. To implement the required emissions
reductions, the rules include Federal implementation plans (FIPs) that
require EGUs in each covered State to participate in one or more of six
Federal emissions trading programs established under regulations set
forth at 40 CFR part 97, subparts AAAAA through EEEEE and GGGGG.\7\
---------------------------------------------------------------------------
\5\ Federal Implementation Plans: Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (Aug. 8, 2011).
\6\ Cross-State Air Pollution Rule Update for the 2008 Ozone
NAAQS, 81 FR 74504 (Oct. 26, 2016).
\7\ The trading programs established under CSAPR, the CSAPR
Update, and the Revised CSAPR Update include a program for annual
NOX emissions; two geographically separate programs for
annual SO2 emissions; and three geographically separate
programs for ozone-season NOX emissions. While some of
the requirements set forth in these three rules have been amended in
subsequent rules, the subsequent amendments are not relevant to the
South Carolina SIP revision addressed in this action.
---------------------------------------------------------------------------
As part of the original CSAPR in 2011, EPA determined that
emissions from South Carolina significantly contributed to
nonattainment or interference with maintenance of the 1997 ozone NAAQS
and the 1997 24-hour PM2.5 NAAQS in other States.\8\ To
address South Carolina's good neighbor obligations with respect to the
1997 ozone NAAQS, the State's large EGUs became subject to the Federal
CSAPR NOX Ozone Season Trading Program established in
subpart BBBBB of 40 CFR part 97, and to address the State's good
neighbor obligations with respect to the 1997 PM2.5 NAAQS,
the State's large EGUs because subject to the Federal CSAPR
NOX Annual Trading Program established in subpart AAAAA of
40 CFR part 97 and the Federal CSAPR SO2 Group 2 Trading
Program established in subpart DDDDD of 40 CFR part 97.\9\
---------------------------------------------------------------------------
\8\ See 76 FR at 48212.
\9\ See 76 FR at 48373-74.
---------------------------------------------------------------------------
In the 2016 CSAPR Update, EPA determined that emissions from South
Carolina do not significantly contribute to nonattainment or interfere
with maintenance of the 1997 or 2008 ozone NAAQS in other States.\10\
As a result, EGUs in South Carolina ceased to be subject to the Federal
CSAPR NOX Ozone Season Trading Program requirements starting
with the 2017 ozone season.\11\ The CSAPR Update included technical
corrections to all the trading programs established in CSAPR but did
not otherwise address the 1997 or 2006 PM2.5 NAAQS. South
Carolina's EGUs that meet the CSAPR applicability criteria therefore
continued to be subject to the CSAPR requirements to participate in the
Federal CSAPR NOX Annual Trading Program and the Federal
CSAPR SO2 Group 2 Trading Program to address the State's
good neighbor obligation with respect to the 1997 annual
PM2.5 NAAQS.
---------------------------------------------------------------------------
\10\ See 81 FR at 74555.
\11\ Id.
---------------------------------------------------------------------------
CSAPR includes provisions under which States may submit and EPA
will approve SIP revisions to modify or replace the CSAPR FIP
requirements while allowing States to continue to meet their good
neighbor obligations using either CSAPR's Federal emissions trading
programs or State emissions trading programs integrated with the
Federal programs.\12\ South Carolina took advantage of these provisions
in 2017. That year, South Carolina submitted and EPA approved revisions
to South Carolina's SIP establishing two State CSAPR trading programs
that replaced the two Federal CSAPR trading programs regarding South
Carolina EGUs for annual emissions of NOX and
SO2.\13\ EPA approved South Carolina's 2017 SIP submission
in an action published on October 13, 2017, which added Regulation 61-
62.97, Cross-State Air Pollution Rule (CSAPR) Trading Program, to the
South Carolina SIP. This rule contains two subparts: 61-62.97, Subpart
A--South Carolina CSAPR NOX Annual Trading Program, and 61-
62.97, Subpart B--South Carolina CSAPR SO2 Group 2 Trading
Program. In general, each subpart in South Carolina's CSAPR
[[Page 99182]]
State trading program rule was designed to replace the corresponding
Federal trading program regulations.\14\ South Carolina's CSAPR trading
programs are integrated with the Federal CSAPR NOX Annual
Trading Program and the Federal CSAPR SO2 Group 2 Trading
Program. The State trading programs are substantively identical to the
Federal trading programs as amended in the CSAPR Update.\15\
---------------------------------------------------------------------------
\12\ See 40 CFR 52.38, 52.39. States also retain the ability to
submit SIP revisions to meet their good neighbor obligations using
mechanisms other than the CSAPR Federal trading programs or
integrated State trading programs.
\13\ See Air Plan Approval; South Carolina; Cross-State Air
Pollution Rule, 82 FR 47936 (October 13, 2017).
\14\ South Carolina Regulation 61-62.97, Subpart A--South
Carolina CSAPR NOX Annual Trading program is designed to
IBR most of subpart AAAAA of 40 CFR part 97, while separately
listing the Phase 2 annual NOX trading budgets, set-
asides, and variability limits found at 40 CFR 97.410(a)(18)(iv)
through (vi) and (b)(18). Regulation 61-62.97, Subpart B--South
Carolina CSAPR SO2 Group 2 Trading Program is designed to
IBR most of subpart DDDDD of 40 CFR part 97, while separately
listing the Phase 2 annual SO2 budgets, set-asides, and
variability limits found at 40 CFR and 97.710(a)(6)(iv) through (vi)
and (b)(6).
\15\ South Carolina retains EPA's default allowance allocation
methodology, and EPA remains the implementing authority for
administration of the trading program.
---------------------------------------------------------------------------
Since EPA's approval of the two State CSAPR trading programs into
South Carolina's SIP in 2017, EPA has promulgated changes to the
Federal CSAPR trading programs at 40 CFR part 97, subparts AAAAA and
DDDDD, in the Revised CSAPR Update in 2021 and the Recordation Rule in
2022. The primary purpose of the Revised CSAPR Update rulemaking was to
complete the evaluation of good neighbor obligations of certain States
(not including South Carolina) with respect to the 2008 ozone
NAAQS.\16\ However, that rule also made certain amendments to subparts
AAAAA and DDDDD of part 97, including adjustments to the procedures for
allocating allowances from the portions of the States' emissions
budgets set aside for potential allocation to new units (with
conforming adjustments to the assurance provisions) \17\ as well as
extensions to the deadlines for EPA to record allocations of allowances
in sources' compliance accounts and for sources to hold allowances
after each control period, whether the sources participate in the
integrated trading programs under FIPs or under approved SIP revisions.
The Recordation Rule further extended the deadlines for EPA to record
allocations of allowances in sources' compliance accounts.
---------------------------------------------------------------------------
\16\ The Revised CSAPR Update did not reopen EPA's determination
in the CSAPR Update that South Carolina does not contribute
significantly to nonattainment in, or interfere with maintenance by,
any other State with respect to the 2008 ozone NAAQS. See 86 FR
23067 & n.60.
\17\ The CSAPR trading programs' ``assurance provisions''
require the surrender of additional allowances if total emissions
from a state's sources in a control period exceed the state's
``assurance level,'' which equals the state's emissions budget plus
a defined ``variability limit.'' See, e.g., 40 CFR 97.406(c)(2) and
97.425.
---------------------------------------------------------------------------
South Carolina's current September 26, 2023, SIP revision would
update the State's Air Pollution Control Regulations and Standards at
Regulation 61-62.97 to align with the changes made by EPA to the
Federal CSAPR NOX Annual Trading Program at 40 CFR part 97,
subpart AAAAA, and the Federal CSAPR SO2 Group 2 Trading
Program at 40 CFR part 97, subpart DDDDD, in the Revised CSAPR Update
and the Recordation Rule.
III. South Carolina's SIP Submission and EPA's Analysis
A. South Carolina's SIP Submittal
As described in section II of this preamble, EPA approved South
Carolina's CSAPR SIP revision adopting the State rule at Regulation 61-
62.97 in an action published on October 13, 2017, replacing the Federal
CSAPR NOX Annual and SO2 Group 2 trading programs
at 40 CFR part 97, subparts AAAAA and DDDDD, for South Carolina EGUs
with State CSAPR trading programs that are integrated with and
substantively identical to the Federal trading programs.\18\ South
Carolina's September 26, 2023, SIP submission seeks approval into the
SIP of the State's revisions to its State CSAPR trading program rules
that incorporate by reference more recent amendments to the Federal
CSAPR trading program regulations. Specifically, the September 26,
2023, SIP submission revises the IBR language at Regulation 61-62.97,
subpart A, paragraph 1, and subpart B, paragraph 1, to IBR specified
revisions to the Federal CSAPR trading programs made after the previous
October 26, 2016, IBR date and through August 26, 2022. The submission
also corrects existing cross-references in Regulation 61-62.97, subpart
A, paragraph 3, and subpart B, paragraph 3.
---------------------------------------------------------------------------
\18\ See 82 FR 47936.
---------------------------------------------------------------------------
B. EPA's Analysis of South Carolina's SIP Submission
EPA is proposing to approve the portions of South Carolina's
September 26, 2023, SIP submission that update Regulation 61-62.97 by
incorporating the amendments to the Federal CSAPR NOX Annual
and SO2 Group 2 trading programs at 40 CFR part 97 made in
the Revised CSAPR Update and the Recordation Rule and by making
technical corrections to cross-references. EPA's analysis below
describes the specific changes included in the portions of the SIP
submission that EPA is proposing to approve.
South Carolina's September 26, 2023, SIP revision makes two
distinct updates to the State CSAPR trading program rules at Regulation
61-62.97. First, the SIP submission updates the IBR language at subpart
A, paragraph 1, and subpart B, paragraph 1. The previously approved
language IBRs ``the provisions of the July 1, 2016, edition'' of 40 CFR
part 97, subparts AAAAA and DDDDD, ``as amended at 81 FR [74604-07 or
74618-21] (October 26, 2016),'' where the referenced amendment is a
citation to specific pages of the CSAPR Update. The September 26, 2023,
SIP revision removes the phrase ``as amended at 81 FR [74604-07 or
74618-21] (October 26, 2016)'' and replaces it with the new language
``. . . as subsequently amended upon publication in the Federal
Register as listed below . . .'' and then adds tables \19\ with
citations to the CSAPR Update (81 FR 74504; October 26, 2016), the
Revised CSAPR Update (86 FR 23054; April 30, 2021), and the Recordation
Rule (87 FR 52473; August 26, 2022). The revised IBR language also adds
the phrase ``as if fully repeated herein'' to clarify that the text of
the Federal regulations covered by the IBR is to be interpreted as if
that text was repeated verbatim in the State's own regulations. The
revisions align the format and phrasing of the IBR language in the
State's CSAPR trading program regulations with the format and phrasing
of the IBR language in the State's existing New Source Performance
Standards (NSPS) and National Emission Standards for Hazardous Air
Pollutants (NESHAP) regulations.
---------------------------------------------------------------------------
\19\ This revised IBR table format lists the CSAPR rulemakings
that amended the Federal NOX annual and SO2
Group 2 trading programs at part 97 subpart AAAAA and DDDDD,
respectively, and establishes August 26, 2022, as the new date by
which part 97 amendments are incorporated into Regulation 61-62.97.
---------------------------------------------------------------------------
The second update to the State CSAPR trading program rules at
Regulation 61-62.97 in South Carolina's SIP submission revises subpart
A, paragraph 3, and subpart B, paragraph 3, to correct existing cross-
references. As originally adopted into the State's regulations, these
paragraphs provided for ``40 CFR 97.404(a)(1) and (b)(1)'' and ``40 CFR
97.704(a)(1) and (b)(1)'' in the Federal trading program regulations
covered by the IBR to be interpreted with specified wording changes
needed to ensure that any EGUs in areas of Indian country within the
State's borders continue to be covered by the Federal trading program
regulations rather than the State trading program
[[Page 99183]]
regulations. While EPA agreed with the State's wording changes, the
paragraph citations were not entirely correct. The revisions included
in this SIP revision retain the same wording changes but correct the
paragraph citations so that the wording changes apply to ``40 CFR
97.404(a)(1) and (b)'' and ``40 CFR 97.704(a)(1) and (b)'' instead.
The changes included in the September 26, 2023, SIP submission make
the State CSAPR trading program regulations more consistent with the
current Federal CSAPR trading program regulations by incorporating
amendments that EPA made to the Federal trading program regulations
after approving South Carolina's CSAPR trading program regulations into
the SIP and by correcting cross-references. EPA therefore is proposing
to approve the portions of South Carolina's September 26, 2023, SIP
submission that revise Regulation 61-62.97. EPA believes these portions
of the SIP submission are consistent with the Federal CSAPR
NOX Annual and SO2 Group 2 trading program
regulations and the implementing provisions that govern a full CSAPR
SIP revision and that the SIP as revised would continue to satisfy the
State's good neighbor obligation pursuant to CAA section
110(a)(2)(D)(i)(I) to prohibit emissions which will significantly
contribute to nonattainment or interfere with maintenance of the 1997
annual PM2.5 NAAQS in any other State.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, and as discussed in section III of
this preamble, EPA is proposing to incorporate by reference South
Carolina Regulation 61-62.97, State effective August 25, 2023, which
adopts and incorporates by reference Federal amendments to 40 CFR part
97, subpart AAAAA--CSAPR NOX Annual Trading Program and
subpart DDDDD--CSAPR SO2 Group 2 Trading Program promulgated
after October 26, 2016, through August 26, 2022. 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).
V. Proposed Action
EPA is proposing to approve the September 26, 2023, South Carolina
SIP revision consisting of changes to Regulation 61-62.97, CSAPR
Trading Program, in the South Carolina SIP for the reasons discussed
above.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
Because this proposed action merely proposes to approve State law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law, this proposed action
for the State of South Carolina does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Therefore, this proposed 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.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements E.O. 12898 and defines EJ as, among other things, the
just treatment and meaningful involvement of all people regardless of
income, race, color, national origin, or Tribal affiliation, or
disability in agency decision-making and other Federal activities that
affect human health and the environment.
South Carolina did not evaluate EJ considerations as part of its
SIP submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this proposed action. Due to the
nature of the action being proposed here, this proposed action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
proposed action, and there is no information in the record inconsistent
with the stated goal of E.O. 12898/14096 of achieving EJ for
communities with EJ concerns.
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, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
[[Page 99184]]
Dated: December 4, 2024.
C[eacute]sar Zapata,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-28873 Filed 12-9-24; 8:45 am]
BILLING CODE 6560-50-P
