56512 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State 

citation Title/Subject 

State 

effective 

date 

EPA Approval date Explanation [former SIP citation] 

5–80–1180 Standards and conditions for 

granting permits.

11/7/12 8/22/16 [Insert Federal Register Citation].The portion of paragraph A.1 pertaining to 

hazardous air pollutant sources as proscribed under 9VAC5–60 is excluded. 

5–80–1190 Application review and analysis.11/7/12 8/22/16 [Insert Federal Register Citation].Paragraph 2 is excluded. 

5–80–1200 Compliance determination and 

verification by performance 

testing.

11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1210 Permit invalidation, suspension, revocation and enforcement.11/7/12 8/22/16 [Insert Federal Register Citation].Paragraph B is excluded. 

5–80–1220 Existence of permit no defense 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1230 Compliance with local zoning .. 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1240 Transfer of permits .................. 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1250 General permits ....................... 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1260 Action to combine permit terms 

and conditions.

11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1270 Actions to change permits ....... 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1280 Administrative permit amendments.11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1290 Minor permit amendments ....... 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1300 Significant amendment procedures.11/7/12 8/22/16 [Insert Federal Register Citation].

*******

* * * * * 

[FR Doc. 2016–19770 Filed 8–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0247; FRL–9950–82– 

Region 4] 

Air Plan Approval; South Carolina; 

Prong 4–2008 Ozone, 2010 NO2, SO2, 

and 2012 PM2.5

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is conditionally 

approving the portions of revisions to 

the South Carolina State 

Implementation Plan (SIP), submitted 

by the South Carolina Department of 

Health and Environmental Control (SC 

DHEC), addressing the Clean Air Act 

(CAA or Act) visibility transport (prong 

4) infrastructure SIP requirements for 

the 2008 8-hour Ozone, 2010 1-hour 

Nitrogen Dioxide (NO2), 2010 1-hour 

Sulfur Dioxide (SO2), and 2012 annual 

Fine Particulate Matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS). The CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, commonly 

referred to as an ‘‘infrastructure SIP.’’ 

Specifically, EPA is conditionally 

approving the prong 4 portions of South 

Carolina’s July 17, 2008, 8-hour Ozone 

infrastructure SIP submission; April 30, 

2014, 2010 1-hour NO2 infrastructure 

SIP submission; May 8, 2014, 2010 1- 

hour SO2 infrastructure SIP submission; 

and December 18, 2015, 2012 annual 

PM2.5 infrastructure SIP submission. All 

other applicable infrastructure 

requirements for these SIP submissions 

have been or will be addressed in 

separate rulemakings. 

DATES: This rule will be effective 

September 21, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0247. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman of the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 


Lhorne on DSK30JT082PROD with RULES
Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations 56513 

1The April 30, 2014, 2010 1-hour NO2

submission; May 8, 2014, 2010 1-hour SO2

submission; and December 18, 2015 also cite to the 

State’s December 2012 regional haze progress 

report. 

2CAIR, promulgated in 2005, required 27 states 

and the District of Columbia to reduce emissions of 

NOX and SO2 that significantly contribute to, or 

interfere with maintenance of, the 1997 NAAQS for 

fine particulates and/or ozone in any downwind 

state. CAIR imposed specified emissions reduction 

requirements on each affected State, and 

established several EPA-administered cap and trade 

programs for EGUs that States could join as a means 

to meet these requirements. 

Atlanta, Georgia 30303–8960. Mr. 

Lakeman can be reached by telephone at 

(404) 562–9043 or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

By statute, SIPs meeting the 

requirements of sections 110(a)(1) and 

(2) of the CAA are to be submitted by 

states within three years after 

promulgation of a new or revised 

NAAQS to provide for the 

implementation, maintenance, and 

enforcement of the new or revised 

NAAQS. EPA has historically referred to 

these SIP submissions made for the 

purpose of satisfying the requirements 

of sections 110(a)(1) and 110(a)(2) as 

‘‘infrastructure SIP’’ submissions. 

Sections 110(a)(1) and (2) require states 

to address basic SIP elements such as 

the requirements for monitoring, basic 

program requirements, and legal 

authority that are designed to assure 

attainment and maintenance of the 

newly established or revised NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for infrastructure SIPs. 

Section 110(a)(2) lists specific elements 

that states must meet for the 

infrastructure SIP requirements related 

to a newly established or revised 

NAAQS. The contents of an 

infrastructure SIP submission may vary 

depending upon the data and analytical 

tools available to the state, as well as the 

provisions already contained in the 

state’s implementation plan at the time 

in which the state develops and submits 

the submission for a new or revised 

NAAQS. 

Section 110(a)(2)(D) has two 

components: 110(a)(2)(D)(i) and 

110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) 

includes four distinct components, 

commonly referred to as ‘‘prongs,’’ that 

must be addressed in infrastructure SIP 

submissions. The first two prongs, 

which are codified in section 

110(a)(2)(D)(i)(I), are provisions that 

prohibit any source or other type of 

emissions activity in one state from 

contributing significantly to 

nonattainment of the NAAQS in another 

state (prong 1) and from interfering with 

maintenance of the NAAQS in another 

state (prong 2). The third and fourth 

prongs, which are codified in section 

110(a)(2)(D)(i)(II), are provisions that 

prohibit emissions activity in one state 

from interfering with measures required 

to prevent significant deterioration of air 

quality in another state (prong 3) or 

from interfering with measures to 

protect visibility in another state (prong 

4). Section 110(a)(2)(D)(ii) requires SIPs 

to include provisions ensuring 

compliance with sections 115 and 126 

of the Act, relating to interstate and 

international pollution abatement. 

The prong 4 portions of South 

Carolina’s infrastructure SIP 

submissions for the 2008 8-hour Ozone, 

2010 1-hour NO2, 2010 1-hour SO2, and 

2012 annual PM2.5 NAAQS cite to the 

State’s regional haze SIP as satisfying 

prong 4 requirements.1 However, the 

State may not currently rely on its 

regional haze SIP to satisfy these 

requirements because EPA has not yet 

fully approved South Carolina’s regional 

haze SIP as it relies on the Clean Air 

Interstate Rule (CAIR) to satisfy the 

nitrogen oxides (NOX) and SO2 Best 

Available Retrofit Technology (BART) 

requirements for the CAIR-subject 

electric generating units (EGUs) in the 

State and the requirement for a longterm strategy sufficient to achieve the 

state-adopted reasonable progress 

goals.2 Therefore, on April 19, 2016, 

South Carolina submitted a commitment 

letter to EPA requesting conditional 

approval of the prong 4 portions of the 

aforementioned infrastructure SIP 

revisions. 

In its commitment letter, South 

Carolina commits to satisfy the prong 4 

requirements for the 2008 8-hour ozone 

NAAQS, 2010 1-hour NO2 NAAQS, 

2010 1-hour SO2 NAAQS, and 2012 

PM2.5 NAAQS by providing a SIP 

revision within one year of EPA’s final 

conditional approval of the prong 4 

portions of the infrastructure SIP 

revisions and provides an anticipated 

schedule for these revisions. 

Specifically, South Carolina commits 

‘‘to provide to the EPA a SIP revision 

that adopts provisions for participation 

in the Cross-State Air Pollution Rule 

(‘‘CSAPR’’) annual NOx and annual SO2

trading programs, including annual NOX

and annual SO2 budgets. Any adopted 

budgets would be at least as stringent as 

the budgets codified for South Carolina 

at 40 CFR 97.710(a) (annual SO2 group 

2 trading budgets) and 40 CFR 97.410(a) 

(annual NOX trading budgets), as 

promulgated in the Federal Register 

notice of June 12, 2012 (77 FR 34,830). 

We will rely on this SIP revision 

adopting such budgets to submit a 

concurrent SIP revision that will satisfy 

the visibility requirements of section 

110(a)(2)(D)(i)(II) and EPA’s 

corresponding guidance on those 

requirements. We commit to provide 

this concurrent SIP revision within the 

one-year period described above. This 

concurrent SIP revision will rely on 

either an analysis provided therein 

showing that emissions from sources in 

South Carolina will not interfere with 

the attainment of the reasonable 

progress goals of other states or on a 

fully approved regional haze SIP relying 

on CSAPR. If the concurrent SIP 

revision relies on a fully approvable 

regional haze SIP, we commit to provide 

this regional haze SIP to EPA within the 

one year period described above.’’ 

If South Carolina meets its 

commitment within one year of final 

conditional approval, the prong 4 

portions of the conditionally-approved 

infrastructure SIP submissions will 

remain a part of the SIP until EPA takes 

final action approving or disapproving 

the new SIP revision(s). However, if the 

State fails to submit these revisions 

within the one-year timeframe, the 

conditional approval will automatically 

become a disapproval one year from 

EPA’s final conditional approval and 

EPA will issue a finding of disapproval. 

EPA is not required to propose the 

finding of disapproval. If the 

conditional approval is converted to a 

disapproval, the final disapproval 

triggers the federal implementation plan 

requirement under CAA section 110(c). 

In a notice of proposed rulemaking 

(NPRM) published on June 8, 2016 (81 

FR 36842), EPA proposed to 

conditionally approve the prong 4 

portions of the aforementioned 

infrastructure SIP submissions. The 

NPRM provides additional detail 

regarding the rationale for EPA’s action, 

including further discussion of the 

Prong 4 requirements and the basis for 

South Carolina’s commitment letter. 

Comments on the proposed rulemaking 

were due on or before July 8, 2016. EPA 

received no adverse comments on the 

proposed action. 

II. Final Action 

EPA is conditionally approving the 

prong 4 portions of South Carolina’s 

July 17, 2008, 8-hour Ozone 

infrastructure SIP submission; April 30, 

2014, 2010 1-hour NO2 infrastructure 

SIP submission; May 8, 2014, 2010 1- 

hour SO2 infrastructure SIP submission; 

and December 18, 2015, 2012 annual 

PM2.5 infrastructure SIP submission. All 

other applicable infrastructure 

requirements for these SIP submissions 


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56514 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations 

have been or will be addressed in 

separate rulemakings. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this action does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). The Catawba Indian 

Nation Reservation is located within the 

State of South Carolina. Pursuant to the 

Catawba Indian Claims Settlement Act, 

South Carolina statute 27–16–120, ‘‘all 

state and local environmental laws and 

regulations apply to the [Catawba Indian 

Nation] and Reservation and are fully 

enforceable by all relevant state and 

local agencies and authorities.’’ 

However, EPA has determined that 

because this rule does not have 

substantial direct effects on an Indian 

Tribe because, as noted above, this 

action is not approving any specific 

rule, but rather conditionally approving 

South Carolina’s already approved SIP 

meets certain CAA requirements. EPA 

notes this action will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 21, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Sulfur dioxide, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 8, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart PP—South Carolina 

■ 2. Section 52.2127 is added to read as 

follows: 

§ 52.2127 Conditional approval. 

South Carolina submitted a letter to 

EPA on April 19, 2016, with a 

commitment to address the State 

Implementation Plan deficiencies 

regarding requirements of Clean Air Act 

section 110(a)(2)(D)(i)(II) related to 

interference with measures to protect 

visibility in another state (prong 4) for 

the 2008 8-hour Ozone, 2010 1-hour 

NO2, 2010 1-hour SO2, and 2012 annual 

PM2.5 NAAQS. EPA conditionally 

approved the prong 4 portions of South 

Carolina’s July 17, 2008, 8-hour Ozone 

infrastructure SIP submission; April 30, 

2014, 2010 1-hour NO2 infrastructure 

SIP submission; May 8, 2014, 2010 1- 

hour SO2 infrastructure SIP submission; 

and December 18, 2015, 2012 annual 

PM2.5 infrastructure SIP submission in 

an action published in the Federal 

Register on August 22, 2016. If South 

Carolina fails to meet its commitment by 

August 22, 2017, the conditional 

approval will automatically become a 

disapproval on that date and EPA will 

issue a finding of disapproval. 

[FR Doc. 2016–19537 Filed 8–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Parts 10, 60, 78, 79, 80, 206, 

and 209 

[Docket ID FEMA–2016–0018] 

RIN 1660–AA87 

Removal of Environmental 

Considerations Regulations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA), a 

component of the Department of 

Homeland Security (DHS), is removing 

its environmental considerations 

regulations and replacing the 

regulations with a new Directive and 


Lhorne on DSK30JT082PROD with RULES