Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Proposed Rules 40793 

(1) What navigational hazards do 

vessels operating in the study area face? 

Please describe. 

(2) Are there strains on the current 

vessel routing systems, such as 

increasing traffic density associated 

with future growth? Please describe. 

(3) Are modifications to existing 

vessel routing measures needed to 

address hazards and improve traffic 

efficiency in the study area? If so, please 

describe. 

(4) What costs and benefits are 

associated with the measures listed as 

potential study considerations? What 

measures do you think are most costeffective? 

(5) What impacts, both positive and 

negative, would changes to existing 

routing measures or new routing 

measures have on the study area? 

(6) Where do you transit? Where are 

your transit routes? What criteria are 

used in determining your transit routes? 

(7) Do you currently experience 

competing uses for the same waterway 

areas or transit routes? If so, please 

describe. 

(8) Do you anticipate, or are you 

aware of, future competing uses for the 

same waterway areas or transit routes? 

These could include potential offshore 

energy projects, potential offshore 

aquaculture projects, or otherwise. 

(9) Are there other environmental, 

cultural, tribal, marine mammal or other 

impacts which should be considered 

during this Port Access Route Study? 

IV. Public Participation and Request for 

Comments 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. If you submit 

comments, please include the docket 

number for this notification of study 

and provide a reason for each suggestion 

or recommendation. 

We accept anonymous comments. All 

comments received will be posted 

without change to https://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records (85 FR 14226, March 

11, 2020). 

Documents mentioned in this 

notification of study as being available 

in the docket, and all public comments, 

will be in our online docket at https:// 

www.regulations.gov and can be viewed 

by following that website’s instructions. 

Additionally, if you go to the online 

docket and sign up for email alerts, you 

will be notified when comments are 

posted. 

This document is published under the 

authority of 46 U.S.C. 70003(c)(1). 

Dated: July 21, 2021. 

Michael F. McAllister, 

Vice Admiral, U.S. Coast Guard, Commander, 

Pacific Area. 

[FR Doc. 2021–15923 Filed 7–28–21; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 385 

[Docket No. 21–CRB–0001–PR (2023–2027)] 

Determination of Rates and Terms for 

Making and Distributing Phonorecords 

(Phonorecords IV) 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: Because of technical issues 

with the electronic filing system, the 

Copyright Royalty Judges are reopening 

the comment period in connection with 

a proposed partial settlement and 

proposed regulations that set certain 

rates and terms applicable during the 

period beginning January 1, 2023, and 

ending December 31, 2027, for the 

section 115 statutory license for making 

and distributing phonorecords of 

nondramatic musical works for an 

additional 15 days. 

DATES: The comment period for the 

proposed rule published June 25, 2021, 

at 86 FR 33601, is reopened. Comments 

and objections, if any, are due no later 

than August 10, 2021. 

ADDRESSES: You may send comments, 

identified by docket number 21–CRB– 

0001–PR (2023–2027), online through 

eCRB at https://app.crb.gov. 

Instructions: To send your comment 

through eCRB, if you don’t have a user 

account, you will first need to register 

for an account and wait for your 

registration to be approved. Approval of 

user accounts is only available during 

business hours. Once you have an 

approved account, you can only sign in 

and file your comment after setting up 

multi-factor authentication, which can 

be done at any time of day. All 

comments must include the Copyright 

Royalty Board name and the docket 

number for this proposed rule. All 

properly filed comments will appear 

without change in eCRB at https://

app.crb.gov, including any personal 

information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to eCRB at 

https://app.crb.gov and perform a case 

search for docket 21–CRB–0001–PR 

(2023–2027). 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, at 

202–707–7658 or crb@loc.gov. 

SUPPLEMENTARY INFORMATION: On June 

25, 2021, The Copyright Royalty Judges 

published for comment proposed 

regulations (arising from a partial 

settlement) that set rates and terms 

applicable during the period beginning 

January 1, 2023, and ending December 

31, 2027, for the section 115 statutory 

license for making and distributing 

phonorecords of nondramatic musical 

works. Comments were due by July 26, 

2021. 86 FR 33601 (June 25, 2021). 

Some filers experienced technical 

difficulties filing their comments in 

eCRB. The CRB is aware of the problem 

and is working on a solution. The 

Judges therefore extend the deadline for 

filing comments to August 10, 2021. 

Jesse M. Feder, 

Chief Copyright Royalty Judge. 

[FR Doc. 2021–16276 Filed 7–27–21; 4:15 pm] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2021–0381; FRL–8782–01– 

R1] 

Air Plan Approval; Maine; Chapter 100 

Definitions and Chapter 113 Growth 

Offset Regulations 

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 by the State of 

Maine. This revision amends the 

definition of ‘‘Ozone Transport Region’’ 

in the State’s Chapter 100 Definitions 

Regulation and revises language in the 

State’s Chapter 113 Growth Offset 

Regulation regarding applicability of 

Nonattainment New Source Review in 

areas that, at a future date, may not be 

within the Ozone Transport Region. 

This action is being taken under the 

Clean Air Act (CAA). 


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40794 Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Proposed Rules 

DATES: Written comments must be 

received on or before August 30, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2021–0381 at https://

www.regulations.gov, or via email to 

creilson.john@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the 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. The 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For 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. Publicly 

available docket materials are available 

at https://www.regulations.gov or at the 

U.S. Environmental Protection Agency, 

EPA Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that, if at all possible, you 

contact the contact 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 legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: John 

Creilson, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code 05–2), Boston, MA 

02109, tel. (617) 918–1688, email 

creilson.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background 

II. Summary and Evaluation of State 

Submittal 

a. Chapter 100 

b. Chapter 113 

III. Description of Codification Issues in 

Maine’s SIP 

IV. Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

On February 10 and 24, 2021, the 

Maine Department of Environmental 

Protection (ME DEP) submitted two 

revisions to its State Implementation 

Plan (SIP) consisting of an amendment 

to the existing Code of Maine Rules 

(C.M.R.) Chapter 113 Growth Offset 

Regulation (Chapter 113) and C.M.R. 

Chapter 100 Definitions Regulation 

(Chapter 100), respectively, both of 

which were previously approved into 

the Maine SIP. 

Pursuant to section 184 of the CAA, 

the State of Maine is included within 

the Ozone Transport Region (OTR). On 

February 24, 2020, the State of Maine 

submitted a petition to the EPA under 

section 176A of the CAA to remove 

certain portions of the State from the 

OTR. On May 3, 2021, EPA published 

in the Federal Register a proposal to 

grant Maine’s request. See 86 FR 23309. 

Following Maine’s original February 24, 

2020 CAA section 176A request, EPA 

notified ME DEP that amending the 

definition of ‘‘Ozone Transport Region’’ 

in the Department’s Chapter 100 

Definitions Regulation was also 

necessary to facilitate processing of the 

Department’s petition because the 

current SIP-approved definition 

includes language referring to the entire 

state of Maine as being within the OTR. 

The State submitted a revision to its 

existing SIP-approved OTR definition 

on February 24, 2021. Maine submitted 

on March 23, 2021 a clarification letter, 

instructing EPA to retain all existing 

language in the SIP-approved version of 

Chapter 100, except that the existing 

definition of ‘‘Ozone Transport Region’’ 

should be removed and be replaced by 

the updated definition of ‘‘Ozone 

Transport Region.’’ 

Additionally, as a result of Maine’s 

OTR opt-out request, language in 

Chapter 113 of the approved SIP was 

required to be updated. The State 

submitted a revision to the existing SIPapproved Chapter 113 sections 1 and 2 

on February 10, 2021. ME DEP’s March 

23, 2021 clarification letter similarly 

instructs EPA to retain all existing 

language already in the SIP-approved 

version of Chapter 113, except for the 

updated language included in the 

State’s SIP submittal. 

II. Summary and Evaluation of State 

Submittal 

a. Chapter 100 

The proposed change amends the 

definition of the ‘‘Ozone Transport 

Region’’ in the Chapter 100 Definitions 

Regulation by changing the last sentence 

from ‘‘. . . For the State of Maine, the 

Ozone Transport Region includes all of 

the counties in the State’’ to ‘‘. . . For 

the State of Maine, the Ozone Transport 

Region includes all of Maine except for 

those portions of the State specifically 

removed from the OTR pursuant to CAA 

176A.’’ 

EPA has reviewed Maine’s February 

24, 2021, submittal of a revision to 

Chapter 100 Definitions Regulation and 

determined that it represents an 

approvable revision to the version 

previously approved into the Maine SIP. 

The revised definition does not relieve 

the State of OTR obligations until the 

CAA 176A petition is approved by EPA. 

In the event EPA does not finalize its 

proposed approval of Maine’s CAA 

176A request, no change to Maine’s 

status as being within the OTR will 

result from this SIP revision. 

b. Chapter 113 

The proposed Chapter 113 changes 

are as follows: (1) Replace the previous 

section 1, Applicability, of the approved 

SIP, and (2) add new language codified 

as 3(E)(1)(c)(ii) in Maine’s Chapter 113 

after 2(C)(3)(b) of Chapter 113 currently 

approved into the SIP. The updated 

section 1 is revised as follows: ‘‘The 

following types of stationary sources 

that seek to locate or expand within the 

geographical bounds of a nonattainment 

area, would have a significant impact in 

a nonattainment area, or seek to locate 

or expand within the Ozone Transport 

Region (concerning ozone precursor 

pollutants only) must obtain offset 

credits as provided for in this Chapter.’’ 

The amended section continues by 

discussing the four types of stationary 

sources impacted. Section 2 was 

updated by adding the following to the 

end of section 2(C)(3)(b): ‘‘Locating In 

an Ozone Attainment Area in the OTR: 

For a new major source or major 

modification subject to this Chapter 

locating in an ozone attainment area in 

the OTR, the source from which the 

offset credits are being obtained must be 

located in the OTR and may be located 

within another ozone attainment area or 

within an ozone nonattainment area if 

approved by the Department and EPA. 

Sources locating in an ozone attainment 

area within the OTR must obtain VOC 

offset credits at a ratio of 1.15 to 1. A 

new major source or major modification 

subject to this Chapter locating in an 


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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Proposed Rules 40795 

1Maine DEP has not sought a NOX waiver for the 

2015 ozone National Ambient Air Quality Standard 

(NAAQS), however, EPA has approved NOX

waivers under CAA section 182(f) previous ozone 

NAAQS. See 60 FR 66748 (December 26, 1995), 71 

FR 5791 (February 3, 2006), and 79 FR 43945 (June 

29, 2014). Nonetheless, without an approved NOX

waiver for the 2015 ozone NAAQS, all areas in 

Maine and within the OTR require NOX offsets 

when subject to those requirements. 

ozone attainment area that does not 

have a NOX waiver under section 182(f) 

of the Clean Air Act must obtain NOX

offset credits at a ratio of 1.15 to 1.’’ 

EPA has reviewed Maine’s February 

10, 2021, submittal of a revision to 

Chapter 113 Growth Offset Regulation 

and determined that it represents an 

approvable revision to the version 

previously approved into the Maine SIP. 

The revisions clarify that offsets must be 

obtained from within the OTR, which is 

significant in the event EPA approves 

Maine’s CAA section 176A request. 

Furthermore, the new language 

reinforces the notion that offsets being 

obtained from another ozone attainment 

or nonattainment area in the OTR 

require approval by EPA and ME DEP. 

The CAA and Maine’s existing SIPapproved Chapter 113 contain 

provisions that require a demonstration 

of contribution when offsets are 

allocated from areas outside that of the 

area where the new major source or 

major modification will be located. See 

CAA § 173(c)(1)(a) and (b) and Maine 

SIP, Chapter 113(3)(a). The addition of 

this new language clarifies the approval 

process needed in these instances. 

Lastly, the revised text clarifies how 

NOX offset requirements should be 

applied in areas where a CAA section 

182(f) NOX waiver is not approved.1

III. Description of Codification Issues in 

Maine’s SIP 

The State of Maine’s regulations in 

Chapter 113 have been amended in the 

past under state law after they were 

originally approved into the SIP. Not all 

of those state law amendments were 

submitted to EPA as formal SIP 

revisions. Those ‘‘state-only’’ 

amendments resulted in new text being 

added, existing text being rearranged, 

and, in some cases, changes to how 

Maine regulations are codified. Due to 

such ‘‘state-only’’ amendments to 

Chapter 113, there are instances where 

the state regulation being submitted for 

approval into the SIP at this time does 

not mesh precisely within the existing 

codification structure of the Maine SIP. 

As a matter of substantive legal 

requirements, however, the regulations 

approved into the Maine SIP, including 

those we are approving today, are 

harmonious, clear, and enforceable. 

Below, we describe exactly how each 

definition and provision we are 

approving into Maine’s SIP through this 

document will be incorporated into the 

SIP. 

Section 1 of Chapter 113 will be 

replaced with a new Section 1(A)(1). 

This change is straightforward and does 

not present any codification issues. 

In addition, to the change to Section 

1, new provisions codified in state law 

as Section 3(E)(1)(c)(ii) will be added to 

the SIP and will be placed after already 

existing SIP provisions in section 

2(C)(3)(b). The fact that this codification 

does not numerically follow a consistent 

pattern does not affect the substantive 

validity or enforceability of the newly 

incorporated provisions. As noted 

above, this codification issue arises as a 

result of changes to state law that were 

never submitted to EPA as SIP revisions. 

Finally, the definition of Ozone 

Transport Region in Chapter 100 is 

being amended to reflect Maine’s 

petition to the EPA Administrator 

relating to the State’s interest in 

partially removing certain areas of the 

State from the Ozone Transport Region. 

Due to prior changes to Chapter 100 

(Definitions) that were not approved 

into the SIP, the new definition of 

Ozone Transport Region will be codified 

as definition number 111. The prior 

definition of Ozone Transport Region in 

the SIP was codified as definition 104. 

Definition 104 will be removed from the 

SIP and the new definition of Ozone 

Transport Region will be added to the 

SIP as definition 111. We note that the 

current SIP has a definition of ‘‘Part 70 

license’’ that is numbered 111. The new 

definition of Ozone Transport Region 

will be added to the SIP with the same 

number (111) as the definition of ‘‘Part 

70 license.’’ The fact that there will be 

two definitions in the SIP identified as 

definition 111 will not affect the 

substantive effect or the enforceability 

of either term. 

IV. Proposed Action 

EPA is proposing to approve the 

revision to Chapter 113 and the revision 

to Chapter 100 submitted by Maine on 

February 10 and 24, 2021, respectively. 

These SIP revisions satisfy the 

requirements of section 110(l) of the 

Clean Air Act because the plan revisions 

will not interfere with any applicable 

requirement concerning attainment or 

reasonable further progress or any other 

requirement of the Clean Air Act. EPA 

is soliciting public comments on the 

issues discussed in this notice or on 

other relevant matters. These comments 

will be considered before taking final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to this proposed rule by 

following the instructions listed in the 

ADDRESSES section of this Federal 

Register. 

V. Incorporation by Reference 

In this rule, 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, the EPA is 

proposing to incorporate by reference 

revisions to Maine’s Chapter 100 

Definitions Regulation, as effective on 

February 9, 2021, and Chapter 113 

Growth Offset Regulation, as effective 

on January 14, 2019. The EPA has made, 

and will continue to make, these 

documents generally available through 

https://www.regulations.gov and at the 

EPA Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 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 Clean Air Act. 

Accordingly, this proposed 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 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 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 


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40796 Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Proposed Rules 

1On April 24, 2020, SDHEC also submitted to 

EPA SIP revisions to Regulations 61–62.1, Section 

I—Definitions; 61–62.1, Section II—Permit 

Requirements; 61–62.1, Section III—Emission 

Inventory and Emissions Statement; 61–62.1, 

Section IV—Source Tests; 61–62.1, Section V— 

Credible Emissions; 61–62.5, Standard No. 2— 

Ambient Air Quality Standards; and 61–62.5, 

Standard 5.2—Control of Oxides of Nitrogen (NOX). 

EPA will address these SIP revisions in separate 

actions. 

2EPA previously approved e-notice provisions for 

South Carolina’s PSD program. See 83 FR 64285 

(December 14, 2018). Although the e-notice 

provisions in the State’s NNSR program are being 

proposed for incorporation into the SIP for the first 

time, the April 24, 2020, SIP revisions also include 

updates to the already SIP-approved e-notice 

provisions in South Carolina’s SIP-approved PSD 

program. 

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 Clean Air Act; 

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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Nitrogen 

oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 22, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

[FR Doc. 2021–16116 Filed 7–28–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0524; FRL–8762–01– 

R4] 

Air Plan Approval; South Carolina; 

2018 General Assembly New Source 

Review Update 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

South Carolina, through the South 

Carolina Department of Health and 

Environmental Control (SCDHEC or 

Department), on April 24, 2020. The SIP 

revisions update the State’s Prevention 

of Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NNSR) regulations. Specifically, the 

SIP revisions add and update several 

definitions for consistency with the 

Federal regulations, update public 

participation requirements for PSD, 

clarify the applicability of ‘‘source 

impact analysis’’ for PSD, add an 

emissions offset banking provision for 

NNSR, and make administrative 

updates, such as typographical 

corrections and renumbering. Finally, 

the changes incorporate language that 

addresses the public notice rule 

provisions for NNSR, which removes 

the mandatory requirements to provide 

public notice in a newspaper and 

instead allows for electronic notice (‘‘enotice’’) as an alternate noticing option 

for the State. EPA is proposing to 

approve these revisions pursuant to the 

Clean Air Act (CAA or Act) and 

implementing Federal regulations. 

DATES: Comments must be received on 

or before August 30, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2020–0524 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 a 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 

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Andres Febres, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

8966. Mr. Febres can also be reached via 

electronic mail at febresmartinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What is EPA proposing? 

On April 24, 2020, SDHEC submitted 

SIP revisions to EPA for approval that 

include changes to South Carolina’s 

major source New Source Review (NSR) 

permitting regulations to make them 

more closely align with Federal 

requirements for PSD and NNSR 

permitting; correct typographical errors; 

and update internal references, 

including renumbering throughout both 

regulations. Specifically, these changes 

update South Carolina Regulation 61– 

62.5, Standard No. 7—Prevention of 

Significant Deterioration and Standard 

No. 7.1—Nonattainment New Source 

Review.1 In addition to the changes 

above, the SIP revisions include an 

update to the public noticing 

procedures for South Carolina’s NNSR 

regulations. The public notice 

requirement updates address the 

Federal rule entitled ‘‘Revisions to 

Public Notice Provisions in Clean Air 

Act Permitting Programs,’’ (also referred 

to as the e-Notice Rule) that was 

finalized in 2016. See 81 FR 71613 

(October 18, 2016).2

With certain exceptions described in 

Section III below, EPA is proposing to 

approve the changes submitted by South 

Carolina on April 24, 2020, which 

modify the State’s PSD and NNSR 

programs, as meeting the requirements 

of the Federal NSR program and being 

consistent with the CAA. 

II. Background 

This proposed action seeks to revise 

South Carolina’s PSD and NNSR 

regulations in the federally-approved 

SIP. Many of these changes are 

administrative in nature, including 

updating internal references and 

correcting typographical errors, but they 

do include the adoption of several 

definitions currently in the Federal NSR 

regulations, update public participation 

requirements for PSD, clarify the 

applicability of ‘‘source impact 


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