Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations 32651 

1Today, EPA is providing clarification for an 

inadvertent typographical error that was included 

in the March 7, 2016, proposed rulemaking, for this 

final action. In the March 7, 2016, proposed 

rulemaking it was stated that the 2010 1-hour SO2

NAAQS infrastructure SIPs were due no later than 

June 22, 2013. The 2010 1-hour SO2 NAAQS 

infrastructure SIPs were actually due to EPA from 

states no later than June 2, 2013. 

§ 20.1405 Rule 1405. Disposition. 

* * * * * 

(c) * * * 

(2) Submission of requests. Requests 

for such a hearing shall be submitted to 

the following address: Director, Office of 

Management, Planning and Analysis 

(014), Board of Veterans’ Appeals, P.O. 

Box 27063, Washington, DC 20038. 

* * * * * 

[FR Doc. 2016–12111 Filed 5–23–16; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0151; FRL–9946–82– 

Region 4] 

Air Quality Plan Approval; South 

Carolina; Infrastructure Requirements 

for the 2010 Sulfur Dioxide National 

Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the portions of the State 

Implementation Plan (SIP) submission, 

submitted by the State of South 

Carolina, through the South Carolina 

Department of Health and 

Environmental Control (SC DHEC), on 

May 8, 2014, for inclusion into the 

South Carolina SIP. This final action 

pertains to the infrastructure 

requirements of the Clean Air Act (CAA 

or Act) for the 2010 1-hour sulfur 

dioxide (SO2) national ambient air 

quality standard (NAAQS). The CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance and enforcement of each 

NAAQS promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure SIP submission.’’ SC 

DHEC certified that the South Carolina 

SIP contains provisions that ensure the 

2010 1-hour SO2 NAAQS is 

implemented, enforced, and maintained 

in South Carolina. EPA has determined 

that portions of South Carolina’s 

infrastructure SIP submission, provided 

to EPA on May 8, 2014, satisfy certain 

required infrastructure elements for the 

2010 1-hour SO2 NAAQS. 

DATES: This rule will be effective June 

23, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0151. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

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

FOR FURTHER INFORMATION CONTACT: 

Michele Notarianni, 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. Ms. 

Notarianni can be reached via electronic 

mail at notarianni.michele@epa.gov or 

via telephone at (404) 562–9031. 

SUPPLEMENTARY INFORMATION: 

I. Background and Overview 

On June 22, 2010 (75 FR 35520), EPA 

revised the primary SO2 NAAQS to an 

hourly standard of 75 parts per billion 

(ppb) based on a 3-year average of the 

annual 99th percentile of 1-hour daily 

maximum concentrations. Pursuant to 

section 110(a)(1) of the CAA, states are 

required to submit SIPs meeting the 

applicable requirements of section 

110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(2) 

requires states to address basic SIP 

elements such as requirements for 

monitoring, basic program requirements 

and legal authority that are designed to 

assure attainment and maintenance of 

the NAAQS. States were required to 

submit such SIPs for the 2010 1-hour 

SO2 NAAQS to EPA no later than June 

2, 2013.1

In a proposed rulemaking published 

on March 7, 2016 (81 FR 11717), EPA 

proposed to approve portions of South 

Carolina’s 2010 1-hour SO2 NAAQS 

infrastructure SIP submission submitted 

on May 8, 2014. The details of South 

Carolina’s submission and the rationale 

for EPA’s actions are explained in the 

proposed rulemaking. Comments on the 

proposed rulemaking were due on or 

before April 6, 2016. EPA received no 

adverse comments on the proposed 

action. 

II. Final Action 

With the exception of interstate 

transport provisions pertaining to the 

contribution to nonattainment or 

interference with maintenance in other 

states and visibility protection 

requirements of section 110(a)(2)(D)(i)(I) 

and (II) (prongs 1, 2, and 4), EPA is 

taking final action to approve South 

Carolina ’s infrastructure submission 

submitted on May 8, 2014, for the 2010 

1-hour SO2 NAAQS. EPA is taking final 

action to approve South Carolina’s 

infrastructure SIP submission for the 

2010 1-hour SO2 NAAQS because the 

submission is consistent with section 

110 of the CAA. 

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 

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32652 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations 

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 for the state of 

South Carolina 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 this 

rule does not have substantial direct 

effects on an Indian Tribe because this 

action is not approving any specific 

rule, but rather approving that 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 July 25, 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, 

Sulfur dioxide. 

Dated: May 12, 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 52.2120(e), is amended by 

adding a new entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2010 

1-hour SO2 NAAQS’’ at the end of the 

table to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure 

Requirements for the 2010 

1-hour SO2 NAAQS.

5/8/2014 5/24/2016 [Insert Federal 

Register citation].

With the exception of interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4). 

[FR Doc. 2016–12112 Filed 5–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0518; FRL–9946–76– 

Region 4] 

Air Plan Approval; North Carolina; 

Regional Haze 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a revision to North Carolina’s regional 

haze State Implementation Plan (SIP), 

submitted by the North Carolina 

Department of Environmental Quality 

(formerly known as the North Carolina 

Department of Environment and Natural 

Resources (NC DENR)) on October 31, 

2014, that relies on an alternative to 

Best Available Retrofit Technology 

(BART) to satisfy BART requirements 

for electric generating units (EGUs) 

formerly subject to the Clean Air 

Interstate Rule (CAIR). EPA is also 

finalizing its determination that final 

approval of this SIP revision corrects the 

deficiencies that led to EPA’s limited 

disapproval of the State’s regional haze 

SIP on June 7, 2012, and is converting 

EPA’s June 27, 2012, limited approval to 

a full approval. This submittal addresses 

the requirements of the Clean Air Act 

(CAA or Act) and EPA’s rules that 

require states to prevent any future, and 

remedy any existing, manmade 

impairment of visibility in mandatory 

Class I areas caused by emissions of air 

pollutants from numerous sources 

located over a wide geographic area 

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