[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Proposed Rules]
[Pages 41914-41916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16032]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0445; FRL-8779-01-R4]


Air Plan Approval; SC; Revisions to Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of South Carolina, through the South Carolina Department of 
Health and Environmental Control (SC DHEC or Department), on April 24, 
2020. The SIP revision updates the definition of ``Spec. Oil 
(Specification Oil)'' and makes minor updates to formatting and 
numbering. EPA is proposing to approve this revision pursuant to the 
Clean Air Act (CAA or Act) and implementing federal regulations.

DATES: Comments must be received on or before September 3, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0445 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.

[[Page 41915]]

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/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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) 562-9088. Ms. Bell can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#9bf9fef7f7b5eff2fee9fef5e2dbfeebfab5fcf4ed"><span class="__cf_email__" data-cfemail="7614131a1a58021f130413180f3613061758111900">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. What is EPA proposing?

    On April 24, 2020, SC DHEC submitted a SIP revision to EPA for 
approval that includes changes to South Carolina Regulation 61-62.1, 
Section I--Definitions, including a revised definition of ``Spec. Oil 
(Specification Oil)'' and updates to numbering and formatting within 
this regulation.\1\ EPA is proposing to approve these changes pursuant 
to the CAA.
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    \1\ On April 24, 2020, SC DHEC also submitted to EPA SIP 
revisions to Regulations 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; 
61-62.5, Standard 5.2--Control of Oxides of Nitrogen (NOX); 61-62.5, 
Standard 7--Prevention of Significant Deterioration; and 61-62.5, 
Standard 7.1--Nonattainment New Source Review (NSR). EPA will 
address these SIP revisions in separate actions.
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II. Background

    SC DHEC has requested incorporation of several changes to South 
Carolina Regulation 61-62.1, Section I--Definitions into South 
Carolina's SIP. First, SC DHEC's SIP revision proposes minor updates to 
numbering and formatting within South Carolina Regulation 61-62.1, 
Section I--Definitions.
    Second, SC DHEC proposes to revise the definition of ``Spec. Oil 
(Specification Oil)'' at Paragraph 97(a) within the definition of 
``Used Oil.'' Specifically, the revised definition of ``Spec. Oil'' 
would remove the phrase ``Nickel--120 ppm [parts per million] 
maximum,'' thus eliminating the nickel specification for ``Spec. Oil.'' 
In the South Carolina SIP's definition of ``Used Oil,'' ``Spec. Oil'' 
and ``Non-Spec. Oil'' \2\ are listed as ``[t]wo (2) types'' of ``used 
oil.'' Notably, the terms ``Spec. Oil'' and ``Specification Oil'' do 
not currently appear anywhere else in South Carolina's SIP outside of 
the definition of ``Used Oil.''
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    \2\ ``Non-Spec. Oil (Off Spec Oil)'' is defined as ``[u]sed oil 
that does not meet the specification above.'' S.C. Code Regs. 61-
62.1 Sec.  I (97)(b). Therefore, used oil that does not meet the 
definition of ``Spec. Oil'' is still considered ``Used Oil.'' Id.
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    SC DHEC has indicated that the purpose of its requested change to 
the definition of ``Spec. Oil'' in South Carolina Regulation 61-62.1, 
Section I--Definitions is to maintain a consistent definition of spec. 
oil across South Carolina's various regulatory programs. Specifications 
for spec. oil are also contained in 40 CFR 279.11 and in South Carolina 
Rule 61-107-.279.11, both of which implement the used oil provisions of 
the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et 
seq. Neither 40 CFR 279.11 nor South Carolina Rule 61-107-.279.11 
include a specification for nickel in those regulations' respective 
used oil specifications and, therefore, South Carolina's proposed SIP 
revision would make the definition of ``Spec. Oil'' in South Carolina 
Regulation 61-62.1, Section I--Definitions consistent with the used oil 
specifications in these other regulations.

III. Analysis of State's Submittal

    As mentioned above, the April 24, 2020, SIP revision includes a 
change to the definition of ``Spec. Oil (Specification Oil)'' within 
the definition of ``Used Oil'' in South Carolina Regulation 61-62.1, 
Section I--Definitions. Because this change would remove the 
specification for nickel in ``Spec. Oil,'' it would allow unlimited 
nickel content in ``Spec. Oil.''
    Under section 110(l) of the CAA, EPA cannot approve a SIP revision 
``if the revision would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 7501 of this title), or any other applicable requirement of 
this chapter.'' EPA finds that SC DHEC's proposed updated definition of 
``Spec. Oil,'' which removes the specification for nickel in ``Spec. 
Oil,'' is approvable under section 110(l) for two reasons. First, this 
proposed revision will not interfere with the NAAQS or any other CAA 
requirement because the revision has no practical effect. ``Spec. Oil'' 
does not appear anywhere in South Carolina's SIP other than in the 
definition of ``Used Oil'' itself; the definition of ``Used Oil'' 
describes ``Spec. Oil'' as just one of ``[t]wo (2) types'' of ``used 
oil''; and oil that would not meet the definition of ``Spec. Oil'' in 
the current SIP-approved version of the rule due solely to nickel 
concentrations above 120 ppm would be still be considered ``Used Oil'' 
under the regulation.\3\ Thus, although the term ``Used Oil'' appears 
elsewhere in South Carolina's SIP (such as in the definitions of Waste 
and Municipal Solid Waste), changing the definition of ``Spec. Oil'' 
will have no practical effect, and therefore, satisfies section 
110(l).\4\
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    \3\ See footnote 2.
    \4\ Additionally, South Carolina is currently attaining the 
NAAQS for all criteria pollutants.
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    Second, SC DHEC's proposed removal of the nickel specification from 
the definition of ``Spec. Oil'' is not inconsistent with CAA section 
129 (relating to solid waste combustion) and is consistent with 
interrelated solid waste rules codified at 40 CFR parts 241 and 279.\5\ 
The referenced solid waste rules generally relate to the status of used 
oil when used oil is burned for energy recovery. More specifically, 
under 40 CFR 241.2, ``used oil which meets the specifications outlined 
in 40 CFR 279.11'' are ``[t]traditional fuels'' and are therefore not 
solid waste subject to the requirements of CAA section 129. See 
generally 76 FR 15456, 15502-06 (March 21, 2011). South Carolina's 
revised definition of ``Spec. Oil'' is consistent with these solid 
waste rules and, specifically, is consistent with the specifications 
for used oil in 40 CFR 279.11, which does not include a nickel 
specification. Thus, South Carolina's proposed rule will not interfere 
with section 129 of the CAA or any plan promulgated under section 129 
of the CAA.
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    \5\ These rules are interrelated because CAA Section 129 
specifically references the ``Solid Waste Disposal Act [42 U.S.C. 
6901 et seq.],'' including the definition of ``solid waste'' 
promulgated pursuant to that act. See CAA Sec.  129(g)(6).
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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 the requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference South Carolina's Regulation 61-62.1, Definitions and General 
Requirements, Section I--Definitions, state effective on April 24, 
2020. 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

[[Page 41916]]

Information Contact'' section of this preamble for more information).

V. Proposed Action

    EPA is proposing to approve and incorporate into South Carolina's 
SIP the aforementioned changes to South Carolina Regulation 61-62.1, 
Section I--Definitions, state effective on April 24, 2020. EPA has 
determined that these revisions meet the applicable requirements of 
Section 110 of the CAA and the applicable regulatory requirements at 40 
CFR part 51.

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 Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 proposed rule for South Carolina does not have 
Tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because it does not have substantial direct effects 
on an Indian Tribe. The Catawba Indian Nation Reservation is located 
within the state of South Carolina. Pursuant to the Catawba Indian 
Claims Settlement Act, S.C. Code Ann. 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.'' EPA notes this action will not 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.

    Dated: July 22, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-16032 Filed 8-3-21; 8:45 am]
BILLING CODE 6560-50-P


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