Proposed Rule2022-04832
Air Plan Approval; SC; 2018 General Assembly Miscellaneous Revisions
Primary source
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Published
March 8, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a portion of a State Implementation Plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC or Department), on April 24, 2020. The SIP revision updates the numbering and formatting of South Carolina's regulations applicable to emissions inventories, emissions statements, and credible evidence. EPA is proposing to approve 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 87 Issue 45 (Tuesday, March 8, 2022)</title>
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[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Proposed Rules]
[Pages 12902-12904]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04832]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0445; FRL-9621-01-R4]
Air Plan Approval; SC; 2018 General Assembly Miscellaneous
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a portion of a State Implementation Plan (SIP) revision
submitted by the State of South Carolina, through the South Carolina
Department of Health and Environmental Control (SC DHEC or Department),
on April 24, 2020. The SIP revision updates the numbering and
formatting of South Carolina's regulations applicable to emissions
inventories, emissions statements, and
[[Page 12903]]
credible evidence. EPA is proposing to approve these changes pursuant
to the Clean Air Act (CAA or Act) and implementing federal regulations.
DATES: Comments must be received on or before April 7, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0445 at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 a 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 <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9088. Ms. Bell can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#caa8afa6a6e4bea3afb8afa4b38aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="5032353c3c7e24393522353e29103520317e373f26">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. What is EPA proposing?
On April 24, 2020, SC DHEC submitted a SIP revision to EPA for
approval that includes changes to South Carolina Regulation 61-62.1--
Definitions and General Requirements. In this notice, EPA is proposing
to incorporate into South Carolina's SIP updates to Section III--
Emissions Inventory and Emissions Statements and Section V--Credible
Evidence of South Carolina Regulation 61-62.1.1 \1\ EPA is proposing to
approve these changes because they meet the requirements of and are
consistent with the CAA.
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\1\ The April 24, 2020, submittal from SC DHEC includes other
updates and revisions as well. EPA previously acted on Section 1--
Definitions of South Carolina Regulation 61-62.1. See 86 FR 59641
(October 28, 2021). EPA has not taken action on Section II--Permit
Requirements and Section IV--Source Tests of the South Carolina
Regulation 61-62.1. EPA will address these other provisions in
separate action.
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II. Analysis of State's Submittal
As mentioned above, the April 24, 2020, SIP revision includes
changes to Section III--Emissions Inventory and Emissions Statements
and Section V--Credible Evidence of South Carolina Regulation 61-62.1.
These changes update numbering and citation formatting within these
regulations (e.g., citations to the Code of Federal Regulations now
include the word ``Part''). These changes are non-substantive in
nature.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference South Carolina's Regulation 61-62.1, Section III--Emissions
Inventory and Emissions Statements and Section V- Credible Evidence,
both of which are 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).
IV. Proposed Action
EPA is proposing to approve and incorporate into South Carolina's
SIP the aforementioned changes to South Carolina Regulation 61-62.1,
Section III--Emissions Inventory and Emissions Statements and Section
V--Credible Evidence, state effective on April 24, 2020. EPA has
preliminarily determined that these changes meet the applicable
requirements of section 110 of the CAA and the applicable regulatory
requirements at 40 CFR part 51.
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. This proposed action
merely proposes to approve state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this proposed 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 proposed action merely proposes to approve state law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law, this proposed action
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 proposed 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 are fully enforceable by all relevant state and local agencies and
authorities.'' The CIN also retains authority to impose regulations
applying higher environmental
[[Page 12904]]
standards to the Reservation than those imposed by state law or local
governing bodies, in accordance with the Settlement Act.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 28, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-04832 Filed 3-7-22; 8:45 am]
BILLING CODE 6560-50-P
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