Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations 39537 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone of limited size and duration. This 

rule is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. A Record of Environmental 

Consideration is available in the docket 

for this rulemaking. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T11–867 to read as 

follows: 

§ 165.T11–867 Safety Zone; PG&E 

Evolution, King Salmon, CA. 

(a) Location. This temporary safety 

zone is established for the navigable 

waters of Humboldt Bay in King 

Salmon, California as depicted in 

National Oceanic and Atmospheric 

Administration (NOAA) Chart 18622. 

The safety zone will encompass the 

navigable waters of Humboldt Bay 

within a 300 meter radius of position: 

40°44′31′′ N., 124°12′39′′ W. (NAD83). 

(b) Enforcement period. The zone 

described in paragraph (a) of this 

section will be enforced from 8 a.m. 

until 4 p.m. on August 2, 2017 and from 

8 a.m. until 4 p.m. on August 30, 2017. 

The Captain of the Port San Francisco 

(COTP) will notify the maritime 

community of periods during which this 

zone will be enforced via Broadcast 

Notice to Mariners in accordance with 

33 CFR 165.7. 

(c) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

on a Coast Guard vessel or a Federal, 

State, or local officer designated by or 

assisting the COTP in the enforcement 

of the safety zone. 

(d) Regulations. (1) Under the general 

regulations in 33 CFR part 165, subpart 

C, entry into, transiting or anchoring 

within this safety zone is prohibited 

unless authorized by the COTP or a 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or a designated 

representative. Persons and vessels may 

request permission to enter the safety 

zone through the 24-hour Command 

Center at telephone (415) 399–3547 or 

on VHF channel 16. 

Dated: August 1, 2017. 

Anthony J. Ceraolo, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2017–17655 Filed 8–18–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0387; FRL–9966–34– 

Region 4] 

Air Plan Approval; SC: Miscellaneous 

Revisions to Multiple Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve changes to the South 

Carolina State Implementation Plan 

(SIP) to revise several miscellaneous 

rules, covering definitions, source tests, 

credible evidence, open burning, air 

pollution episodes, and fugitive 

particulate matter. EPA is approving 

portions of SIP revisions submitted by 

the State of South Carolina, through the 

South Carolina Department of Health 

and Environmental Control (SC DHEC) 

on the following dates: July 18, 2011, 

June 17, 2013, April 10, 2014, August 8, 

2014, January 20, 2016, and July 27, 

2016. These actions are being taken 

pursuant to the Clean Air Act. 

DATES: This direct final rule is effective 

October 20, 2017 without further notice, 

unless EPA receives adverse comment 

by September 20, 2017. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2017–0387 at http://

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 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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

D. Brad Akers, 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. Mr. Akers 

can be reached via telephone at (404) 

562–9089 or via electronic mail at 

akers.brad@epa.gov. 

SUPPLEMENTARY INFORMATION: 


sradovich on DSK3GMQ082PROD with RULES
39538 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations 

1 In its July 18, 2011, submittal, South Carolina 

is removing and reserving its program for setting 

alternative emission limits at Regulation 61–62.5, 

Standard No. 6 ‘‘Alternative Emission Limitation 

Options (Bubble).’’ This change is not presently 

before EPA because we rescinded the original 

approval of this regulation and disapproved a 

further revision to the regulation on March 8, 1995 

(60 FR 12700). The 1995 action disapproving a SIP 

revision and rescinding approval of the adoption of 

the regulation into the SIP was based on EPA’s 

analysis that the rule did not meet EPA’s Emissions 

Trading Policy Statement, Economic Incentive 

Program rules, nor the CAA amendments of 1990, 

and a March 24, 1994, request for disapproval from 

SC DHEC. Therefore, Regulation 61–62.5, Standard 

No. 6 is no longer part of the federally approved 

SIP, and this revision to remove and reserve the 

existing regulation is not before EPA for 

consideration. However, on May 7, 2002, EPA 

inadvertently approved a revision to Regulation 61– 

62.5, Standard No. 6 to correct typographical errors 

(67 FR 30594). This action was done in error since 

the original adoption of the Regulation was 

rescinded on March 8, 1995 (60 FR 12700). EPA 

will address the error and the incorporation by 

reference of Regulation 61–62.5, Standard No. 6 at 

40 CFR 52.2120(c) in another action. 

I. What action is EPA taking? 

On July 18, 2011, June 17, 2013, April 

10, 2014, August 8, 2014, January 20, 

2016, and July 27, 2016, SC DHEC 

submitted SIP revisions to EPA for 

approval that involve changes to South 

Carolina’s SIP regulations to add 

definitions, make administrative and 

clarifying amendments, and correct 

typographical errors. These SIP 

submittals make changes to several air 

quality rules in South Carolina Code of 

Regulations Annotated (S.C. Code Ann. 

Regs.). The changes EPA is approving 

into the SIP in this action modify 

portions of Regulation 61–62.1 

‘‘Definitions and General Requirements’’ 

at Section I—‘‘Definitions,’’ Regulation 

61–62.1, Section IV—‘‘Source Tests,’’ 

Regulation 61–62.1, Section V— 

‘‘Credible Evidence.’’ EPA is also 

approving changes to Regulation 61– 

62.2—‘‘Prohibition of Open Burning,’’ 

Regulation 61–62.3—‘‘Air Pollution 

Episodes’’ at Section I—‘‘Episode 

Criteria’’ and Regulation 61–62.6— 

‘‘Control of Fugitive Particulate Matter’’ 

at Section I—‘‘Control of Fugitive 

Particulate Matter in Non-Attainment 

Areas’’ and Section III—‘‘Control of 

Fugitive Particulate Matter Statewide.’’ 

At this time, EPA is not acting on the 

changes detailed in Table 1 below. EPA 

will address all remaining changes to 

the South Carolina SIP as listed above 

in a separate action. 

TABLE 1—OTHER PORTIONS OF SOUTH CAROLINA SUBMITTALS

Submittal Regulation Status 

July 18, 2011 ......................................................... Regulation 61–62.1, Section II ............................. EPA will evaluate in a separate action. 

July 18, 2011 ......................................................... Regulation 61–62.5, Standard No. 1 ................... EPA will evaluate in a separate action. 

July 18, 2011 ......................................................... Regulation 61–62.5, Standard No. 2 ................... Approved April 3, 2013 (78 FR 19994). 

July 18, 2011 ......................................................... Regulation 61–62.5, Standard No. 4 ................... EPA will evaluate in a separate action. 

July 18, 2011 ......................................................... Regulation 61–62.5, Standard No. 6 ................... Not part of the SIP.1

June 17, 2013 ....................................................... Regulation 61–62.1, Section II ............................. EPA will evaluate in a separate action. 

June 17, 2013 ....................................................... Regulation 61–62.5, Standard No. 4 ................... EPA will evaluate in a separate action. 

June 17, 2013 ....................................................... Regulation 61–62.5, Standard No. 5 ................... EPA will evaluate in a separate action. 

April 10, 2014 ........................................................ Regulation 61–62.5, Standard No. 7 ................... EPA will evaluate in a separate action. 

August 8, 2014 ...................................................... Regulation 61–62.1, Section II ............................. EPA will evaluate in a separate action. 

August 8, 2014 ...................................................... Regulation 61–62.1, Section III ............................ Approved June 12, 2015 (80 FR 33413) 

and May 31, 2017 (82 FR 24851). 

August 8, 2014 ...................................................... Regulation 61–62.5, Standard No. 1 ................... EPA will evaluate in a separate action. 

August 8, 2014 ...................................................... Regulation 61–62.5, Standard No. 4 ................... Approved April 3, 2013 (78 FR 19994). 

January 20, 2016 .................................................. Regulation 61–62.1, Section II ............................. EPA will evaluate in a separate action. 

January 20, 2016 .................................................. Regulation 61–62.5, Standard No. 5 ................... EPA will evaluate in a separate action. 

January 20, 2016 .................................................. Regulation 61–62.5, Standard No. 7.1 ................ EPA will evaluate in a separate action. 

July 27, 2016 ......................................................... Regulation 61–62.1, Section II ............................. EPA will evaluate in a separate action. 

July 27, 2016 ......................................................... Regulation 61–62.5, Standard No. 4 ................... EPA will evaluate in a separate action. 

July 27, 2016 ......................................................... Regulation 61–62.5, Standard No. 5.2 ................ EPA will evaluate in a separate action. 

II. Analysis of South Carolina’s 

Submittals 

A. Regulation 61–62.1, Section I— 

‘‘Definitions’’ 

South Carolina is amending its list of 

applicable definitions related to the 

regulation of air quality at Regulation 

61–62.1, Section I—‘‘Definitions.’’ The 

July 18, 2011, submittal makes several 

changes to the definitions as follows: (1) 

Adds a definition for ‘‘CAA [Clean Air 

Act];’’ (2) adds definitions for ‘‘PM2.5,’’ 

or fine particulate matter with an 

aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers, and 

‘‘PM2.5 emissions;’’ (3) revises the 

definition of ‘‘fugitive emissions’’ to 

match the federal definition at 40 CFR 

51.165(a)(1)(ix), 40 CFR 51.166(b)(20), 

and 40 CFR 52.21(b)(20); and (4) makes 

other clarifying and administrative edits 

to definitions throughout the Section, 

including renumbering. The June 17, 

2013, submittal further revises the 

definitions to make several 

administrative edits only. 

The April 10, 2014, submittal makes 

one revision to the definitions at 

Regulation 61–62.1, Section I.94.— 

‘‘Volatile Organic Compound (VOC),’’ to 

add a compound to the list of 

compounds determined to have 

negligible photochemical reactivity and 

therefore exempted from being 

considered a VOC, consistent with the 

federal definition. This revision in the 

April 10, 2014, submittal is superseded 

by another revision to the definition of 

VOC at I.94. in the August 8, 2014, 

submittal. This submittal changes the 

format of the definition of VOC at I.99., 

renumbered from I.94., to incorporate by 

reference the list of compounds 

exempted from the federal definition by 

making an explicit reference to the 

federal definition at 40 CFR 51.100(s). 

The August 8, 2014, submittal goes on 

to revise Section I by: (1) Adding 

definitions for ‘‘Code of Federal 

Regulations (CFR),’’ ‘‘NAICS [North 

American Industrial Classification 

System] Code,’’ and ‘‘SIC [Standard 

Industrial Classification] Code;’’ and (2) 

making administrative changes 

throughout. 

Finally, the July 27, 2016, submittal 

makes subsequent revisions to Section I 

to add the definition of ‘‘emission’’ and 

makes administrative edits throughout. 

EPA has reviewed the changes made to 

South Carolina’s definitions and is 

approving the aforementioned changes 

to Regulation 61–62.1, Section I into the 

SIP pursuant to CAA section 110. 


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Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations 39539 

2See EPA rulemakings on September 13, 2010 (75 

FR 55636) and March 28, 2011 (76 FR 17288) for 

more details. 

B. Regulation 61–62.1, Section IV— 

‘‘Source Tests’’ 

South Carolina is amending its rules 

covering source testing at Regulation 

61–62.1, Section IV—‘‘Source Tests.’’ 

Federal implementing regulations at 40 

CFR 51.212—‘‘Testing, inspection, 

enforcement, and complaints,’’ require, 

among other things, that the SIP must 

provide for ‘‘periodic testing and 

inspection of stationary sources.’’ 

The June 17, 2013, submittal revises 

the rule to make an administrative edit 

only. The August 8, 2014, submittal 

further revises the rule as follows: (1) 

Adds an additional requirement for sitespecific test plans to account for 

procedures for obtaining, analyzing, and 

reporting source test audit samples and 

results; (2) adds language to provide 

more prescriptive requirements for 

notifications of testing; (3) adds 

language to specify that where federal 

regulation requires specific certification 

for conducting source tests, the 

individuals conducting the tests will 

meet that requirement; (4) removes 

language stating SC DHEC would 

provide audit samples to sources for 

required audits; (5) adds language 

stating that sources must purchase 

samples from an audit sample provider 

where commercially available, and 

including procedures for the source 

audits, consistent with federal 

rulemakings on stationary source 

auditing; 2 (6) adds language to specify 

additional information required for the 

required source test report; and (7) 

makes administrative changes 

throughout the Section. 

EPA has reviewed the changes made 

to South Carolina’s rules for source 

testing and is approving the 

aforementioned changes to Regulation 

61–62.1, Section IV into the SIP 

pursuant to CAA section 110. 

C. Regulation 61–62.1, Section V— 

‘‘Credible Evidence’’ 

South Carolina is making a minor 

change to its rules covering credible 

evidence at Regulation 61–62.1, Section 

IV—‘‘Source Tests.’’ Federal 

implementing regulations at 40 CFR 

51.212—‘‘Testing, inspection, 

enforcement, and complaints,’’ require, 

among other things, that the SIP must 

not ‘‘preclude the use, including the 

exclusive use, of any credible evidence 

or information, relevant to whether a 

source would have been in compliance 

with applicable requirements if the 

appropriate performance or compliance 

test or procedure had been performed.’’ 

SC DHEC’s SIP-approved provisions at 

Regulation 61–62.1, Standard V clarify 

State authority for enforcement and 

compliance certification and asserts that 

credible evidence is data that may be 

used to determine compliance or 

noncompliance with applicable 

emission limits. 

The August 8, 2014, submittal revises 

the regulation to make an administrative 

edit for consistency in internal citations 

only. EPA has reviewed the changes 

made to South Carolina’s rules for 

credible evidence and is approving the 

aforementioned change to Regulation 

61–62.1, Section V into the SIP pursuant 

to CAA section 110. 

D. Regulation 61–62.2—‘‘Prohibition of 

Open Burning’’ 

South Carolina is making a minor 

change to its rules covering open 

burning at Regulation 61–62.2— 

‘‘Prohibition of Open Burning.’’ South 

Carolina’s SIP-approved regulation 

prohibits open burning except in 

limited circumstances. The April 10, 

2014, submittal revises the regulation to 

make an administrative edit to a 

referenced manual only. EPA has 

reviewed the changes made to South 

Carolina’s rules for open burning and is 

approving the aforementioned change to 

Regulation 61–62.2 into the SIP 

pursuant to CAA section 110. 

E. Regulation 61–62.3—‘‘Air Pollution 

Episodes’’ 

South Carolina is making minor 

changes to its rules covering air 

pollution episodes at Regulation 61– 

62.3—‘‘Air Pollution Episodes.’’ South 

Carolina’s SIP-approved regulation 

defines classifications of high air 

pollution for public notification and 

outlines emission reduction plans 

corresponding to the different 

classifications. The July 18, 2011 and 

June 17, 2013, submittals revise the 

regulation at Section I—‘‘Episode 

Criteria’’ to make administrative edits to 

formatting and correct a typographical 

error only. EPA has reviewed the 

changes made to South Carolina’s rules 

for air pollution episodes and is 

approving the aforementioned change to 

Regulation 61–62.3 into the SIP 

pursuant to CAA section 110. 

F. Regulation 61–62.6—‘‘Control of 

Fugitive Particulate Matter’’ 

South Carolina is making minor 

changes to its rules covering fugitive 

particulate matter at Regulation 61– 

62.6—‘‘Control of Fugitive Particulate 

Matter.’’ South Carolina’s SIP-approved 

regulation describes procedures for 

properly controlling the release of 

fugitive particulate matter in 

nonattainment areas for particulate 

matter-related standards, in areas with 

ambient air quality concentrations at or 

near primary standards, and generally 

applicable to all areas in the state. The 

April 10, 2014 submittal makes changes 

to Section I—‘‘Control of Fugitive 

Particulate Matter in Non-Attainment 

Areas’’ and Section III—‘‘Control of 

Fugitive Particulate Matter Statewide’’ 

to make administrative edits only. The 

January 20, 2016 submittal makes a 

subsequent administrative edit to 

Section I—‘‘Control of Fugitive 

Particulate Matter in Non-Attainment 

Areas’’ only. EPA has reviewed the 

changes made to South Carolina’s rules 

for controlling fugitive particulate 

matter and is approving the 

aforementioned change to Regulation 

61–62.6 into the SIP pursuant to CAA 

section 110. 

III. Incorporation by Reference 

In this rule, 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 the following South 

Carolina Regulations: Regulation 61– 

62.1, Section I—‘‘Definitions,’’ effective 

June 24, 2016, which revises definitions 

applicable to the SIP; Regulation 61– 

62.1, Section IV—‘‘Source Tests,’’ 

effective June 27, 2014, which revises 

requirements for stationary source 

testing; Regulation 61–62.1, Section V— 

‘‘Credible Evidence,’’ effective June 27, 

2014, which revises formatting for 

consistency; Regulation 61–62.2— 

‘‘Prohibition of Open Burning,’’ 

effective December 27, 2013, which 

revises formatting for consistency; 

Regulation 61–62.3, Section I—‘‘Episode 

Criteria,’’ effective April 26, 2013, 

which makes administrative edits to 

regulations prescribing air quality 

episodes; Regulation 61–62.6, Section 

I—‘‘Control of Fugitive Particulate 

Matter in Non-Attainment Areas,’’ 

effective November 27, 2015, which 

revises formatting; and Regulation 61– 

62.6, Section III—‘‘Control of Fugitive 

Particulate Matter Statewide,’’ effective 

December 27, 2013, which makes 

administrative language changes for 

consistency. Therefore, these materials 

have been approved by EPA for 

inclusion in the State implementation 

plan, 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 by the 

Director of the Federal Register in the 


sradovich on DSK3GMQ082PROD with RULES
39540 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations 

3 62 FR 27968 (May 22, 1997). 

next update to the SIP compilation.3

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 4 Office 

(please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

IV. Final Action 

EPA is approving the aforementioned 

changes to the South Carolina SIP, 

submitted on July 18, 2011, June 17, 

2013, April 10, 2014, August 8, 2014, 

January 20, 2016, and July 27, 2016 

because they are consistent with the 

CAA and federal regulations. EPA is 

publishing this rule without prior 

proposal because the Agency views this 

as a noncontroversial submittal and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision should adverse 

comments be filed. This rule will be 

effective October 20, 2017 without 

further notice unless the Agency 

receives adverse comments by 

September 20, 2017. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All adverse comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on October 20, 

2017 and no further action will be taken 

on the proposed rule. Please note that if 

we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

V. 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 

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 direct final action for 

the State of 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 

South Carolina portion of the bi-state 

Charlotte Area. 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. 

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 October 20, 2017. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 4, 2017. 

V. Anne Heard, 

Acting 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. 


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Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations 39541 

Subpart PP—South Carolina 

■ 2. Section 52.2120(c) is amended by: 

■ A. Under Regulation No. 62.1 revise 

the entries for ‘‘Section I,’’ ‘‘Section IV,’’ 

and ‘‘Section V,’’ 

■ B. Revise Regulation No. 62.2, 

■ C. Under Regulation No. 62.3, revise 

the entry for ‘‘Section I,’’ and 

■ D. Under Regulation No. 62.6, revise 

‘‘Section I’’ and ‘‘Section III’’. 

The revisions read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(c) * * * 

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA

State citation Title/subject State 

effective date 

EPA 

approval date Federal Register Notice 

*******

Section I ....... Definitions ................................................................................. 6/24/2016 8/21/2017 [Insert citation of publication]. 

*******

Section IV ..... Source Tests ............................................................................ 6/27/2014 8/21/2017 [Insert citation of publication]. 

*******

Section V ...... Credible Evidence .................................................................... 6/27/2014 8/21/2017 [Insert citation of publication]. 

*******

Regulation 

No. 62.2.

Prohibition of Open Burning ..................................................... 12/27/2013 8/21/2017 [Insert citation of publication]. 

*******

Section I ....... Episode Criteria ........................................................................ 4/26/2013 8/21/2017 [Insert citation of publication]. 

*******

Section I ....... Control of Fugitive Particulate Matter in Non-Attainment 

Areas.

11/27/2015 8/21/2017 [Insert citation of publication]. 

*******

Section III ..... Control of Fugitive Particulate Matter Statewide ..................... 12/27/2013 8/21/2017 [Insert citation of publication]. 

*******

* * * * * 

[FR Doc. 2017–17240 Filed 8–18–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0500; FRL–9964–21] 

Potassium Salts of 

Naphthalenesulfonic Acids 

Formaldehyde Condensates; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 

naphthalenesulfonic acids 

formaldehyde condensates, potassium 

salts (CAS Reg. No. 67828–14–2) when 

used as an inert ingredient (surfactant 

and related adjuvant of surfactants) 

applied to growing crops and raw 

agricultural commodities after harvest 

by amending an existing exemption for 

similar substances. Monsanto Company 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting this amendment. 

This regulation eliminates the need to 

establish a maximum permissible level 

for residues of naphthalenesulfonic 

acids formaldehyde condensates, 

potassium salts, when used consistent 

with the terms. 

DATES: This regulation is effective 

August 21, 2017. Objections and 

requests for hearings must be received 

on or before October 20, 2017, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2016–0500, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Goodis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 


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