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[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27528-27529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09705]

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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.

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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 
[email protected].

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.
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    \1\ The 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.
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    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\
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    \2\ See 62 FR 27968 (May 22, 1997).
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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);

[[Page 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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart PP--South Carolina

0
2. In Sec.  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:

Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved South Carolina Regulations
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                                                       State effective
         State citation              Title/subject           date        EPA approval date       Explanation
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Regulation No. 62.1.............  Definitions and                                            ...................
                                   General
                                   Requirements.
 
                                                  * * * * * * *
Section III.....................  Emissions Inventory       4/24/2020   5/9/2022, [Insert    ...................
                                   and Emissions                         citation of
                                   Statements.                           publication].
 
                                                  * * * * * * *
Section V.......................  Credible Evidence..       4/24/2020   5/9/2022, [Insert    ...................
                                                                         citation of
                                                                         publication].
 
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[FR Doc. 2022-09705 Filed 5-6-22; 8:45 am]
BILLING CODE 6560-50-P
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