47936 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

1Federal 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 NOX 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 NOX emissions 

covering EGUs in a total of 23 states. See 40 CFR 

52.38(b)(1)–(2). 

3See 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. 

4States covered by both the CSAPR Update and 

the NOX SIP Call have the additional option to 

expand applicability under the CSAPR NOX Ozone 

Season Group 2 Trading Program to include nonelectric generating units that would have 

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. 

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 (NOX) and 

one of CSAPR’s two federal trading 

programs for annual emissions of sulfur 

dioxide (SO2). This action approves the 

State’s regulations requiring large South 

Carolina EGUs to participate in new 

CSAPR state trading programs for 

annual NOX and SO2 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 NOX and SO2 emissions under 

the corresponding CSAPR FIPs 

addressing interstate transport 

requirements for the 1997 Annual Fine 

Particulate Matter (PM2.5) 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 

PM2.5 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 

bailey.ashten@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on CSAPR and CSAPRRelated 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 SO2

and/or NOX in order to mitigate 

transported air pollution unlawfully 

impacting other states’ ability to attain 

or maintain four NAAQS: The 1997 

Annual PM2.5 NAAQS, the 2006 24-hour 

PM2.5 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 SO2, annual NOX, 

and/or ozone season NOX 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 

NOX emissions, two geographically 

separate programs for annual SO2

emissions, and two geographically 

separate programs for ozone-season NOX

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. 

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 NOX emissions (or an integrated 

state trading program), a state may also 

expand trading program applicability to 

include certain smaller EGUs.4 If a state 


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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47937 

participated in the former NOX Budget Trading 

Program. 

5CSAPR 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). 

7 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i). 

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). 

11EME 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 SO2 budgets for 

Alabama, Georgia, and Texas. The court also 

remanded Phase 2 ozone-season NOX budgets for 

eleven states, including South Carolina. 

12See memo entitled ‘‘The U.S. Environmental 

Protection Agency’s Plan for Responding to the 

Remand of the Cross-State Air Pollution Rule Phase 

2 SO2 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. 

13See 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. 

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. 

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. 

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. 

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

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 

SO2 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 stateestablished SO2 budget equal to the 

state’s remanded Phase 2 SO2 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 federallyestablished 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. 

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 

PM2.5 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 SO2 and annual NOX

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. 

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 SO2

and NOX trading programs. Because 

South Carolina submitted the draft SIP 

revision for parallel processing, EPA’s 

August 10, 2017, proposed rulemaking 


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47938 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

15Both the draft and final SIP revisions are 

provided in the docket for this action. 

16 62 FR 27968 (May 22, 1997). 

17 40 CFR 52.38(a)(6); 52.39(j); see also 

52.2140(a)(1); 52.2141(a). 

18See 76 FR at 48210. 

19EME Homer City II, 795 F.3d at 138. 

20Although the court in EME Homer City II 

remanded South Carolina’s Phase 2 SO2 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). 

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. 

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 ‘‘CrossState 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

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 NOX and SO2 emissions and 

adopting into the SIP the state trading 

program rules codified in South 

Carolina regulation 61–62.97 (‘‘CrossState Air Pollution Rule (CSAPR) 

Trading Program’’). These South 

Carolina CSAPR state trading programs 

will be integrated with the federal 

CSAPR NOX Annual Trading Program 

and the federal CSAPR SO2 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 NOX

Annual Trading Program and the federal 

CSAPR SO2 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 PM2.5 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 NOX and SO2 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 NOX

and SO2 emissions therefore results in 

automatic termination of the obligations 

of South Carolina units to participate in 

the federal CSAPR NOX Annual Trading 

Program and the federal CSAPR SO2

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 PM2.5

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 

PM2.5 NAAQS. 

As noted in EPA’s NPRM, the Phase 

2 SO2 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 PM2.5 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 NOX Annual Trading Program 

and the federal CSAPR SO2 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 NOX Annual allowances and 

CSAPR SO2 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 federallyestablished Phase 2 SO2 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 SO2

budget.20


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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: 

• 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). 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart A—General Provisions 

§ 52.38 [Amended] 

■ 2. Amend § 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. 

§ 52.39 [Amended] 

■ 3. Amend § 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 

■ 4. Amend § 52.2120 in the table in 

paragraph (c) by adding in numerical 

order an entry for ‘‘Regulation No. 

62.97’’ to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(c) * * * 


asabaliauskas on DSKBBXCHB2PROD with RULES
47940 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA

State citation Title/subject State 

effective date EPA approval date Federal Register notice 

*******

Regulation No. 62.97 ................... Cross-State Air Pollution Rule 

(CSAPR) Trading Program.

8/25/2017 10/13/2017 ........................ [Insert Federal Register 

citation] 

* * * * * * * 

* * * * * 

[FR Doc. 2017–22128 Filed 10–12–17; 8:45 am] 

BILLING CODE 6560–50–P 


asabaliauskas on DSKBBXCHB2PROD with RULES