27528 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

1The April 24, 2020, submittal from SC DHEC 

includes other updates and revisions as well. EPA 

previously acted on Section I—Definitions of South 

Carolina Regulation 61–62.1. See 86 FR 59641 

(October 28, 2021). EPA has not taken action on 

Section II—Permit Requirements and Section IV— 

Source Tests of South Carolina Regulation 61–62.1. 

EPA will address these other provisions in separate 

actions. 2See 62 FR 27968 (May 22, 1997). 

(2) [Reserved] 

(B) Placer County Air Pollution 

Control District. 

(1) Rule 102, ‘‘Definitions,’’ amended 

on June 11, 2020. 

(2) [Reserved] 

(ii) [Reserved] 

[FR Doc. 2022–09726 Filed 5–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0445; FRL–9621–02– 

R4] 

Air Plan Approval; SC; 2018 General 

Assembly Miscellaneous Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

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 numbering and 

formatting of South Carolina’s 

regulations applicable to emissions 

inventories, emissions statements, and 

credible evidence. EPA is finalizing 

approval of these changes pursuant to 

the Clean Air Act (CAA or Act) and 

implementing Federal regulations. 

DATES: This rule is effective June 8, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0445. All documents in the docket 

are listed on the www.regulations.gov 

website. 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 and Radiation 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: 

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 bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 24, 2020, SC DHEC 

submitted a SIP revision to EPA for 

approval that includes changes to South 

Carolina Regulation 61–62.1, Definitions 

and General Requirements. In this 

document, EPA is finalizing approval to 

incorporate into South Carolina’s SIP 

updates to Section III—Emissions 

Inventory and Emissions Statements 

and Section V—Credible Evidence of 

South Carolina Regulation 61–62.1.1

EPA is finalizing approval of these 

changes because they meet the 

requirements of and are consistent with 

the CAA. 

In a notice of proposed rulemaking 

(NPRM) published in the Federal 

Register on March 8, 2022 (87 FR 

12902), EPA proposed to approve the 

aforementioned changes from South 

Carolina’s April 24, 2020, SIP revision. 

The details of South Carolina’s 

submittal and the rationale for EPA’s 

approval are further explained in the 

March 8, 2022, NPRM. Comments on 

the March 8, 2022, NPRM were due on 

or before April 7, 2022. EPA did not 

receive any comments, adverse or 

otherwise, on the March 8, 2022, NPRM. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of South Carolina’s 

Regulation 61–62.1, Definitions and 

General Requirements, Section III— 

Emissions Inventory and Emissions 

Statements and Section V—Credible 

Evidence, 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 INFORMATION CONTACT section of 

this preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.2

III. Final Action 

EPA is finalizing approval of revisions 

to the SIP-approved version of South 

Carolina’s Regulation 61–62.1, Section 

III—Emissions Inventory and Emissions 

Statements and Section V—Credible 

Evidence, 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. 

IV. 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 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); 


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Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27529 

• 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). 

Because this final rule merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law, this final rule 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 

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. 

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 8, 2022. 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) of the CAA. 

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: April 29, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 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. In § 52.2120(c), amend the table, 

under the heading for ‘‘Regulation No. 

62.1,’’ by revising the entries for 

‘‘Section III’’ and ‘‘Section V’’ to read as 

follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED SOUTH CAROLINA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

Regulation No. 62.1 .......... Definitions and General 

Requirements.

* * * * * * * 

Section III .......................... Emissions Inventory and 

Emissions Statements.

4/24/2020 5/9/2022, [Insert citation of 

publication].

* * * * * * * 

Section V ........................... Credible Evidence ............ 4/24/2020 5/9/2022, [Insert citation of 

publication].

* * * * * * * 

* * * * * 

[FR Doc. 2022–09705 Filed 5–6–22; 8:45 am] 

BILLING CODE 6560–50–P 


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