[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47936-47940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22128]



[[Page 47935]]

Vol. 82

Friday,

No. 197

October 13, 2017

Part VI





Environmental Protection Agency





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40 CFR Part 52





Air Plan Approval; South Carolina; Cross-State Air Pollution Rule; 
Final Rule

Federal Register / Vol. 82 , No. 197 / Friday, October 13, 2017 / 
Rules and Regulations

[[Page 47936]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0364; FRL-9969-27-Region 4]


Air Plan Approval; South Carolina; Cross-State Air Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of a revision to the South Carolina State 
Implementation Plan (SIP) concerning the Cross-State Air Pollution Rule 
(CSAPR). South Carolina submitted a draft version of this SIP revision 
for parallel processing on May 26, 2017, and a final version on 
September 5, 2017. Under CSAPR, large electricity generating units 
(EGUs) in South Carolina are subject to Federal Implementation Plans 
(FIPs) requiring the units to participate in CSAPR's federal trading 
program for annual emissions of nitrogen oxides (NO<INF>X</INF>) and 
one of CSAPR's two federal trading programs for annual emissions of 
sulfur dioxide (SO<INF>2</INF>). This action approves the State's 
regulations requiring large South Carolina EGUs to participate in new 
CSAPR state trading programs for annual NO<INF>X</INF> and 
SO<INF>2</INF> emissions integrated with the CSAPR federal trading 
programs and incorporates them into South Carolina's SIP, replacing the 
corresponding FIP requirements. These CSAPR state trading programs are 
substantively identical to the CSAPR federal trading programs, with the 
State retaining EPA's default allowance allocation methodology and EPA 
remaining the implementing authority for administration of the trading 
program. Under the CSAPR regulations, approval of these portions of the 
SIP revision automatically eliminates South Carolina units' obligations 
to participate in CSAPR's federal trading programs for annual 
NO<INF>X</INF> and SO<INF>2</INF> emissions under the corresponding 
CSAPR FIPs addressing interstate transport requirements for the 1997 
Annual Fine Particulate Matter (PM<INF>2.5</INF>) national ambient air 
quality standards (NAAQS). Approval of these portions of the SIP 
revision satisfies South Carolina's good neighbor obligation for the 
1997 Annual PM<INF>2.5</INF> NAAQS. EPA is not acting on any other 
portion of the September 5, 2017 submittal.

DATES: This rule is effective November 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0364. All documents in the docket 
are listed on the www.regulations.gov Web site. 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, Pesticides and Toxics Management 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: Ashten Bailey, 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. Ms. Bailey can be reached by telephone at (404) 562-9164 or 
via electronic mail at <a href="/cdn-cgi/l/email-protection#8be9eae2e7eef2a5eaf8e3ffeee5cbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="117370787d74683f70627965747f517461703f767e67">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background on CSAPR and CSAPR-Related SIP Revisions

    EPA issued CSAPR in July 2011 to address the requirements of Clean 
Air Act (CAA or Act) section 110(a)(2)(D)(i)(I) concerning interstate 
transport of air pollution.\1\ As amended (including the 2016 CSAPR 
Update),\2\ CSAPR requires 27 Eastern states to limit their statewide 
emissions of SO<INF>2</INF> and/or NO<INF>X</INF> in order to mitigate 
transported air pollution unlawfully impacting other states' ability to 
attain or maintain four NAAQS: The 1997 Annual PM<INF>2.5</INF> NAAQS, 
the 2006 24-hour PM<INF>2.5</INF> NAAQS, the 1997 8-hour ozone NAAQS, 
and the 2008 8-hour ozone NAAQS. The CSAPR emissions limitations are 
defined in terms of maximum statewide ``budgets'' for emissions of 
annual SO<INF>2</INF>, annual NO<INF>X</INF>, and/or ozone season 
NO<INF>X</INF> by each covered state's large EGUs. The CSAPR state 
budgets are implemented in two phases of generally increasing 
stringency, with the Phase 1 budgets applying to emissions in 2015 and 
2016 and the Phase 2 (and CSAPR Update) budgets applying to emissions 
in 2017 and later years. As a mechanism for achieving compliance with 
the emissions limitations, CSAPR establishes five federal emissions 
trading programs: A program for annual NO<INF>X</INF> emissions, two 
geographically separate programs for annual SO<INF>2</INF> emissions, 
and two geographically separate programs for ozone-season 
NO<INF>X</INF> emissions. CSAPR also establishes FIP requirements 
applicable to the large EGUs in each covered state. Currently, the 
CSAPR FIP provisions require each state's units to participate in up to 
three of the five CSAPR trading programs.
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    \1\ Federal Implementation Plans; Interstate Transport of Fine 
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 
48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and 
52.39 and subparts AAAAA through EEEEE of 40 CFR part 97).
    \2\ 81 FR 74504 (October 26, 2016). The CSAPR Update was 
promulgated to address interstate pollution with respect to the 2008 
ozone NAAQS and to address a judicial remand of certain original 
CSAPR ozone season NO<INF>X</INF> budgets promulgated with respect 
to the 1997 ozone NAAQS. 81 FR at 74505. The CSAPR Update 
established new emission reduction requirements addressing the more 
recent NAAQS and coordinated them with the remaining emission 
reduction requirements addressing the older NAAQS, so that starting 
in 2017, CSAPR includes two geographically separate trading programs 
for ozone season NO<INF>X</INF> emissions covering EGUs in a total 
of 23 states. See 40 CFR 52.38(b)(1)-(2).
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    CSAPR includes provisions under which states may submit and EPA 
will approve SIP revisions to modify or replace the CSAPR FIP 
requirements while allowing states to continue to meet their transport-
related obligations using either CSAPR's federal emissions trading 
programs or state emissions trading programs integrated with the 
federal programs.\3\ Through such a SIP revision, a state may replace 
EPA's default provisions for allocating emission allowances among the 
state's units, employing any state-selected methodology to allocate or 
auction the allowances, subject to timing conditions and limits on 
overall allowance quantities. In the case of CSAPR's federal trading 
programs for ozone season NO<INF>X</INF> emissions (or an integrated 
state trading program), a state may also expand trading program 
applicability to include certain smaller EGUs.\4\ If a state

[[Page 47937]]

wants to replace CSAPR FIP requirements with SIP requirements under 
which the state's units participate in a state trading program that is 
integrated with and identical to the federal trading program even as to 
the allocation and applicability provisions, the state may submit a SIP 
revision for that purpose as well. However, no emissions budget 
increases or other substantive changes to the trading program 
provisions are allowed. A state whose units are subject to multiple 
CSAPR FIPs and federal trading programs may submit SIP revisions to 
modify or replace either some or all of those FIP requirements.
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    \3\ See 40 CFR 52.38, 52.39. States also retain the ability to 
submit SIP revisions to meet their transport-related obligations 
using mechanisms other than the CSAPR federal trading programs or 
integrated state trading programs.
    \4\ States covered by both the CSAPR Update and the 
NO<INF>X</INF> SIP Call have the additional option to expand 
applicability under the CSAPR NO<INF>X</INF> Ozone Season Group 2 
Trading Program to include non-electric generating units that would 
have participated in the former NO<INF>X</INF> Budget Trading 
Program.
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    States can submit two basic forms of CSAPR-related SIP revisions 
effective for emissions control periods in 2017 or later years.\5\ 
Specific conditions for approval of each form of SIP revision are set 
forth in the CSAPR regulations. Under the first alternative--an 
``abbreviated'' SIP revision--a state may submit a SIP revision that 
upon approval replaces the default allowance allocation and/or 
applicability provisions of a CSAPR federal trading program for the 
state.\6\ Approval of an abbreviated SIP revision leaves the 
corresponding CSAPR FIP and all other provisions of the relevant 
federal trading program in place for the state's units.
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    \5\ CSAPR also provides for a third, more streamlined form of 
SIP revision that is effective only for control periods in 2016 and 
is not relevant here. See 40 CFR 52.38(a)(3), (b)(3), (b)(7); 
52.39(d), (g).
    \6\ 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h).
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    Under the second alternative--a ``full'' SIP revision--a state may 
submit a SIP revision that upon approval replaces a CSAPR federal 
trading program for the state with a state trading program integrated 
with the federal trading program, so long as the state trading program 
is substantively identical to the federal trading program or does not 
substantively differ from the federal trading program except as 
discussed previously with regard to the allowance allocation and/or 
applicability provisions.\7\ For purposes of a full SIP revision, a 
state may either adopt state rules with complete trading program 
language, incorporate the federal trading program language into its 
state rules by reference (with appropriate conforming changes), or 
employ a combination of these approaches.
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    \7\ 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i).
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    The CSAPR regulations identify several important consequences and 
limitations associated with approval of a full SIP revision. First, 
upon EPA's approval of a full SIP revision as correcting the deficiency 
in the state's implementation plan that was the basis for a particular 
set of CSAPR FIP requirements, the obligation to participate in the 
corresponding CSAPR federal trading program is automatically eliminated 
for units subject to the state's jurisdiction without the need for a 
separate EPA withdrawal action, so long as EPA's approval of the SIP is 
full and unconditional.\8\ Second, approval of a full SIP revision does 
not terminate the obligation to participate in the corresponding CSAPR 
federal trading program for any units located in any Indian country 
within the borders of the state, and if and when a unit is located in 
Indian country within a state's borders, EPA may modify the SIP 
approval to exclude from the SIP, and include in the surviving CSAPR 
FIP instead, certain trading program provisions that apply jointly to 
units in the state and to units in Indian country within the state's 
borders.\9\ Finally, if at the time a full SIP revision is approved EPA 
has already started recording allocations of allowances for a given 
control period to a state's units, the federal trading program 
provisions authorizing EPA to complete the process of allocating and 
recording allowances for that control period to those units will 
continue to apply, unless EPA's approval of the SIP revision provides 
otherwise.\10\
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    \8\ 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j).
    \9\ 40 CFR 52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi), 
(b)(9)(vi)-(vii), (b)(10)(i); 52.39(f)(4)-(5), (i)(4)-(5), (j).
    \10\ 40 CFR 52.38(a)(7), (b)(11)(i); 52.39(k).
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    On July 28, 2015, the United States Court of Appeals for the 
District of Columbia Circuit (D.C. Circuit) issued a decision on a 
number of petitions related to CSAPR, which found that EPA required 
more emissions reductions than may have been necessary to address the 
downwind air quality problems to which some states contribute. The 
court remanded several CSAPR emission budgets to EPA for 
reconsideration, including the Phase 2 SO<INF>2</INF> trading budget 
for South Carolina.\11\ However, South Carolina has proposed to 
voluntarily adopt into their SIP a CSAPR state trading program that is 
integrated with the federal trading program and includes a state-
established SO<INF>2</INF> budget equal to the state's remanded Phase 2 
SO<INF>2</INF> emission budget.\12\ EPA notes that nothing in the 
court's decision affects South Carolina's authority to seek 
incorporation into its SIP of a state-established budget as stringent 
as the remanded federally-established budget or limits EPA's authority 
to approve such a SIP revision. The CSAPR regulations provide each 
covered state with the option to meet its transport obligations through 
SIP revisions replacing the federal trading programs and requiring the 
state's EGUs to participate in integrated CSAPR state trading programs 
that apply emissions budgets of the same or greater stringency. Under 
the CSAPR regulations, when such a SIP revision is approved, the 
corresponding FIP provisions are automatically withdrawn.
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    \11\ EME Homer City Generation, L.P. v. EPA (EME Homer City II), 
795 F.3d 118 (D.C. Cir. 2015). The D.C. Circuit also remanded 
SO<INF>2</INF> budgets for Alabama, Georgia, and Texas. The court 
also remanded Phase 2 ozone-season NO<INF>X</INF> budgets for eleven 
states, including South Carolina.
    \12\ See memo entitled ``The U.S. Environmental Protection 
Agency's Plan for Responding to the Remand of the Cross-State Air 
Pollution Rule Phase 2 SO<INF>2</INF> Budgets for Alabama, Georgia, 
South Carolina and Texas'' from Janet G. McCabe, EPA Acting 
Assistant Administrator for Air and Radiation, to EPA Regional Air 
Division Directors (June 27, 2016), available at https://www.regulations.gov/document?D=EPA-HQ-OAR-2016-0598-0003. The memo 
directs the Regional Air Division Directors to share the memo with 
state officials. EPA also communicated orally with officials in 
Alabama, Georgia, South Carolina, and Texas in advance of the memo.
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    In the CSAPR rulemaking, EPA determined that air pollution 
transported from South Carolina would unlawfully affect other states' 
ability to attain or maintain the 1997 Annual PM<INF>2.5</INF> 
NAAQS.\13\ South Carolina units meeting the CSAPR applicability 
criteria were consequently made subject to FIP provisions requiring 
participation in CSAPR federal trading programs for annual 
SO<INF>2</INF> and annual NO<INF>X</INF> emissions.\14\ On May 26, 
2017, South Carolina submitted to EPA a draft SIP revision including 
provisions that, if all portions were approved, would incorporate into 
South Carolina's SIP CSAPR state trading program regulations that would 
replace the CSAPR regulations for the two federal trading programs with 
regard to South Carolina units.
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    \13\ See 76 FR at 48213. The NPRM contains a more detailed 
summary of EPA's determinations with regard to South Carolina in the 
CSAPR and the CSAPR Update rulemakings.
    \14\ 40 CFR 52.38(a)(2), (b)(2); 52.39(c); 52.2140; 52.2141.
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    In a notice of proposed rulemaking (NPRM) published on August 10, 
2017 (82 FR 37389), EPA proposed to approve the portions of South 
Carolina's May 26, 2017, draft SIP submittal designed to replace the 
CSAPR federal annual SO<INF>2</INF> and NO<INF>X</INF> trading 
programs. Because South Carolina submitted the draft SIP revision for 
parallel processing, EPA's August 10, 2017, proposed rulemaking

[[Page 47938]]

was contingent upon South Carolina providing a final SIP revision that 
was substantively the same as the draft SIP revision. See 82 FR 37389. 
Comments on the NPRM were due on or before September 11, 2017. EPA 
received no adverse comments on the proposed action.
    South Carolina submitted the final version of its SIP revision on 
September 5, 2017.\15\ The September 5, 2017, SIP submittal had no 
substantive changes from the May 26, 2017, draft. Please refer to the 
NPRM for more detailed information regarding the SIP revision and the 
Agency's rationale for today's final rulemaking.
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    \15\ Both the draft and final SIP revisions are provided in the 
docket for this action.
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II. 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 South 
Carolina Regulation 61-62.97, entitled ``Cross-State Air Pollution Rule 
(CSAPR) Trading Program,'' state effective on August 25, 2017. 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). 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 next update to the SIP compilation.\16\
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    \16\ 62 FR 27968 (May 22, 1997).
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III. Final Actions

    EPA is approving the portions of South Carolina's September 5, 
2017, final SIP submittal concerning the establishment for South 
Carolina units of CSAPR state trading programs for annual 
NO<INF>X</INF> and SO<INF>2</INF> emissions and adopting into the SIP 
the state trading program rules codified in South Carolina regulation 
61-62.97 (``Cross-State Air Pollution Rule (CSAPR) Trading Program''). 
These South Carolina CSAPR state trading programs will be integrated 
with the federal CSAPR NO<INF>X</INF> Annual Trading Program and the 
federal CSAPR SO<INF>2</INF> Group 2 Trading Program, respectively, and 
are substantively identical to the federal trading programs. South 
Carolina units therefore will generally be required to meet 
requirements under South Carolina's CSAPR state trading programs 
equivalent to the requirements the units otherwise would have been 
required to meet under the corresponding CSAPR federal trading 
programs. Under the State's regulations, the State will retain EPA's 
default allowance allocation methodology and EPA will remain the 
implementing authority for administration of the trading programs. EPA 
is approving these portions of the SIP revision because they meet the 
requirements of the CAA and EPA's regulations for approval of a CSAPR 
full SIP revision replacing a federal trading program with a state 
trading program that is integrated with and substantively identical to 
the federal trading program.
    EPA promulgated the FIP provisions requiring South Carolina units 
to participate in the federal CSAPR NO<INF>X</INF> Annual Trading 
Program and the federal CSAPR SO<INF>2</INF> Group 2 Trading Program in 
order to address South Carolina's obligations under CAA section 
110(a)(2)(D)(i)(I) with respect to the 1997 PM<INF>2.5</INF> NAAQS in 
the absence of SIP provisions addressing those requirements. Approving 
the portions of South Carolina's SIP submittal adopting CSAPR state 
trading program rules for annual NO<INF>X</INF> and SO<INF>2</INF> 
substantively identical to the corresponding CSAPR federal trading 
program regulations (or differing only with respect to the allowance 
allocation methodology) corrects the same deficiency in the SIP that 
otherwise would be corrected by those CSAPR FIPs. Under the CSAPR 
regulations, upon EPA's full and unconditional approval of a SIP 
revision as correcting the SIP's deficiency that is the basis for a 
particular CSAPR FIP, the obligation to participate in the 
corresponding CSAPR federal trading program is automatically eliminated 
for units subject to the state's jurisdiction (but not for any units 
located in any Indian country within the state's borders).\17\ EPA's 
approval of the portions of South Carolina's SIP submittal establishing 
CSAPR state trading program rules for annual NO<INF>X</INF> and 
SO<INF>2</INF> emissions therefore results in automatic termination of 
the obligations of South Carolina units to participate in the federal 
CSAPR NO<INF>X</INF> Annual Trading Program and the federal CSAPR 
SO<INF>2</INF> Group 2 Trading Program. Further, when promulgating the 
FIP provisions requiring South Carolina units to participate in those 
two CSAPR trading programs, EPA found that those FIP requirements would 
fully satisfy South Carolina's obligation pursuant to CAA section 
110(a)(2)(D)(i)(I) to prohibit emissions which will significantly 
contribute to nonattainment or interfere with maintenance of the 1997 
PM<INF>2.5</INF> NAAQS in any other state.\18\ This approval of 
portions of South Carolina's SIP revision as correcting the SIP's 
deficiency that was the basis for those FIP requirements therefore 
likewise fully satisfies the state's transport obligation with respect 
to the 1997 PM<INF>2.5</INF> NAAQS.
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    \17\ 40 CFR 52.38(a)(6); 52.39(j); see also 52.2140(a)(1); 
52.2141(a).
    \18\ See 76 FR at 48210.
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    As noted in EPA's NPRM, the Phase 2 SO<INF>2</INF> budget 
established for South Carolina in the CSAPR rulemaking was remanded to 
EPA for reconsideration.\19\ With the approval of these portions of the 
SIP revision as proposed, South Carolina has fulfilled its obligations 
to provide a SIP that addresses the interstate transport provisions of 
CAA section 110(a)(2)(D)(i)(I) with respect to the 1997 
PM<INF>2.5</INF> NAAQS. Thus, EPA no longer has an obligation to (nor 
does EPA have the authority to) address those transport requirements 
through implementation of a FIP, and approval of these portions of the 
SIP revision eliminates South Carolina units' obligations to 
participate in the federal CSAPR NO<INF>X</INF> Annual Trading Program 
and the federal CSAPR SO<INF>2</INF> Group 2 Trading Program. 
Elimination of South Carolina units' obligations to participate in the 
federal trading programs includes elimination of the requirements to 
comply with the federally-established Phase 2 budgets capping 
allocations of CSAPR NO<INF>X</INF> Annual allowances and CSAPR 
SO<INF>2</INF> Group 2 allowances to South Carolina units under those 
federal trading programs. As approval of these portions of the SIP 
revision eliminates requirements to comply with South Carolina's 
remanded federally-established Phase 2 SO<INF>2</INF> budget and 
eliminates EPA's authority to subject units in South Carolina to a FIP, 
it is EPA's opinion that this action addresses the judicial remand of 
South Carolina's federally-established Phase 2 SO<INF>2</INF> 
budget.\20\
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    \19\ EME Homer City II, 795 F.3d at 138.
    \20\ Although the court in EME Homer City II remanded South 
Carolina's Phase 2 SO<INF>2</INF> budget because it determined that 
the budget was too stringent, nothing in the court's decision 
affects South Carolina's authority to seek incorporation into its 
SIP of a state-established budget as stringent as the remanded 
federally-established budget or limits EPA's authority to approve 
such a SIP revision. See 42 U.S.C. 7416, 7410(k)(3).

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[[Page 47939]]

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. 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:
    <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).

This 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.'' However, the rules proposed for approval exclude units 
in Indian country from the applicable requirements of the rules and 
exclude federal trading provisions related to EPA's process for 
allocating and recording allowances from Indian country NUSAs. 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 December 12, 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. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: September 29, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 is amended 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 A--General Provisions


Sec.  52.38  [Amended]

0
2. Amend Sec.  52.38, paragraph (a)(8)(iii) by removing the words 
``Alabama and Georgia'' and adding the words ``Alabama, Georgia, and 
South Carolina'' in its place.


Sec.  52.39   [Amended]

0
3. Amend Sec.  52.39 paragraph (m)(3) by removing the words ``Alabama 
and Georgia'' and adding the words ``Alabama, Georgia, and South 
Carolina'' in its place.

Subpart PP--South Carolina

0
4. Amend Sec.  52.2120 in the table in paragraph (c) by adding in 
numerical order an entry for ``Regulation No. 62.97'' to read as 
follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

[[Page 47940]]



                                                  Air Pollution Control Regulations for South Carolina
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                                                                State
          State citation                Title/subject      effective date             EPA approval date                   Federal Register notice
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                                                                      * * * * * * *
Regulation No. 62.97..............  Cross-State Air             8/25/2017  10/13/2017............................  [Insert Federal Register citation]
                                     Pollution Rule
                                     (CSAPR) Trading
                                     Program.
 
                                                                      * * * * * * *
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[FR Doc. 2017-22128 Filed 10-12-17; 8:45 am]
BILLING CODE 6560-50-P


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