Rule2021-23349
Air Plan Approval; SC; Revisions to Definitions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 28, 2021
Effective
November 29, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing approval of a State Implementation Plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC or Department), on April 24, 2020. The SIP revision updates the definition of "Spec. Oil (Specification Oil)" and makes minor updates to formatting and numbering. EPA is finalizing approval of these changes pursuant to the Clean Air Act (CAA or Act) and implementing federal regulations.
Full Text
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<title>Federal Register, Volume 86 Issue 206 (Thursday, October 28, 2021)</title>
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[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Rules and Regulations]
[Pages 59641-59643]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23349]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0445; FRL-8779-02-R4]
Air Plan Approval; SC; Revisions to Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a State Implementation Plan (SIP) revision submitted by the
State of South Carolina, through the South Carolina Department of
Health and Environmental Control (SC DHEC or Department), on April 24,
2020. The SIP revision updates the definition of ``Spec. Oil
(Specification Oil)'' and makes minor updates to formatting and
numbering. EPA is finalizing approval of these changes pursuant to the
Clean Air Act (CAA or Act) and implementing federal regulations.
DATES: This rule is effective November 29, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0445. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#5f393a3d2d3a2c72323e2d2b36313a25713e313b2d3a2c1f3a2f3e71383029"><span class="__cf_email__" data-cfemail="1e787b7c6c7b6d33737f6c6a77707b64307f707a6c7b6d5e7b6e7f30797168">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On April 24, 2020, SC DHEC submitted a SIP revision to EPA for
approval that includes changes to South Carolina Regulation 61-62.1,
Section I--Definitions.\1\ First, SC DHEC's April 24,
[[Page 59642]]
2020, SIP revision includes minor updates to numbering and formatting.
Second, the SIP revision updates the definition of ``Spec. Oil
(Specification Oil)'' at Paragraph 97(a) within the definition of
``Used Oil.'' Specifically, the revised definition of ``Spec. Oil''
would remove the phrase ``Nickel--120 ppm [parts per million]
maximum,'' thus eliminating the nickel specification for ``Spec. Oil.''
In the South Carolina SIP's definition of ``Used Oil,'' ``Spec. Oil''
and ``Non-Spec. Oil'' \2\ are listed as ``[t]wo (2) types'' of ``used
oil.'' Notably, the terms ``Spec. Oil'' and ``Specification Oil'' do
not currently appear anywhere else in South Carolina's SIP outside of
the definition of ``Used Oil.''
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\1\ In the April 24, 2020, SIP revision SC DHEC also submitted
to EPA changes to Regulations 61-62.1, Section II--Permit
Requirements; 61-62.1, Section III--Emission Inventory and Emissions
Statement; 61-62.1, Section IV--Source Tests; 61-62.1, Section V--
Credible Emissions; 61-62.5, Standard No. 2--Ambient Air Quality
Standards; 61-62.5, Standard 5.2--Control of Oxides of Nitrogen
(NOX); 61-62.5, Standard 7--Prevention of Significant Deterioration;
and 61-62.5, Standard 7.1--Nonattainment New Source Review (NSR).
EPA will address these SIP revisions in separate actions.
\2\ ``Non-Spec. Oil (Off Spec Oil)'' is defined as ``[u]sed oil
that does not meet the specification above.'' S.C. Code Regs. 61-
62.1 sec. I (97)(b). Therefore, used oil that does not meet the
definition of ``Spec. Oil'' is still considered ``Used Oil.'' Id.
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In a notice of proposed rulemaking (NPRM) published in the Federal
Register on August 4, 2021 (86 FR 41914), EPA proposed to approve the
aforementioned changes from South Carolina's April 24, 2020, SIP
revision. The details of South Carolina's submittal and the rationale
for EPA's approval are further explained in the August 4, 2021, NPRM.
Comments on the August 4, 2021, NPRM were due on or before September 3,
2021. EPA did not receive any comments, adverse or otherwise, on the
August 4, 2021, NPRM.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of South
Carolina's Regulation 61-62.1, Definitions and General Requirements,
Section I--Definitions, state effective on April 24, 2020. EPA has
made, and will continue to make, these materials generally available
through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 4 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by EPA for inclusion in the 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 in the next update to
the SIP compilation.\3\
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\3\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing approval of revisions to the SIP-approved version
of South Carolina Regulation 61-62.1, Section I--Definitions, state
effective on April 24, 2020. EPA has determined that these revisions
meet the applicable requirements of section 110 of the CAA and the
applicable regulatory requirements at 40 CFR part 51.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
<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).
Because this final rule merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law, this final rule for the State of South
Carolina does not have Tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). Therefore, this action
will not impose substantial direct costs on Tribal governments or
preempt Tribal law. The Catawba Indian Nation (CIN) Reservation is
located within the boundary of York County, South Carolina. Pursuant to
the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120
(Settlement Act), ``all state and local environmental laws and
regulations apply to the [Catawba Indian Nation] and Reservation and
are fully enforceable by all relevant state and local agencies and
authorities.'' The CIN also retains authority to impose regulations
applying higher environmental standards to the Reservation than those
imposed by state law or local governing bodies, in accordance with the
Settlement Act.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 27, 2021. 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
[[Page 59643]]
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, Carbon monoxide,
Incorporation byreference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 21, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PP--South Carolina
0
2. Section 52.2120(c), is amended under the heading ``Regulation No.
62.1'' by revising the entry for ``Section I'' to read as follows:
Sec. 52.2120 Identification of plan.
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(c) * * *
EPA-Approved South Carolina Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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Regulation No. 62.1.............. Definitions and
General
Requirements.
Section I........................ Definitions........ 4/24/2020 10/28/2021 [Insert ...................
citation of
publication].
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[FR Doc. 2021-23349 Filed 10-27-21; 8:45 am]
BILLING CODE 6560-50-P
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