Proposed Rule2024-28873
Air Plan Approval; SC; Updates to the Cross-State Air Pollution Rule
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
December 10, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted through the South Carolina Department of Health and Environmental Control (SC DHEC) on September 26, 2023, regarding updates to the State's Cross- State Air Pollution Rule (CSAPR) emissions trading programs. The SIP revision incorporates by reference (IBRs) certain amendments EPA has made to the regulations for the Federal CSAPR trading programs for annual emissions of nitrogen oxides (NO<INF>X</INF>) and sulfur dioxide (SO<INF>2</INF>) for large electric generating units (EGUs). EPA created these Federal trading programs in 2011 as market-based mechanisms for South Carolina and certain other States to address their obligations to downwind States under the Clean Air Act (CAA or Act)'s good neighbor provision with respect to the national ambient air quality standards (NAAQS) for fine particulate matter (PM<INF>2.5</INF>). EPA is proposing to approve South Carolina's September 26, 2023, SIP revision because it is consistent with EPA's good neighbor CSAPR trading programs and the CAA.
Full Text
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<title>Federal Register, Volume 89 Issue 237 (Tuesday, December 10, 2024)</title>
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[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Proposed Rules]
[Pages 99180-99184]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28873]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0006; FRL-12050-01-R4]
Air Plan Approval; SC; Updates to the Cross-State Air Pollution
Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted through
the South Carolina Department of Health and Environmental Control (SC
DHEC) on September 26, 2023, regarding updates to the State's Cross-
State Air Pollution Rule (CSAPR) emissions trading programs. The SIP
revision incorporates by reference (IBRs) certain amendments EPA has
made to the regulations for the Federal CSAPR trading programs for
annual emissions of nitrogen oxides (NO<INF>X</INF>) and sulfur dioxide
(SO<INF>2</INF>) for large electric generating units (EGUs). EPA
created these Federal trading programs in 2011 as market-based
mechanisms for South Carolina and certain other States to address their
obligations to downwind States under the Clean Air Act (CAA or Act)'s
good neighbor provision with respect to the national ambient air
quality standards (NAAQS) for fine particulate matter
(PM<INF>2.5</INF>). EPA is proposing to approve South Carolina's
September 26, 2023, SIP revision because it is consistent with EPA's
good neighbor CSAPR trading programs and the CAA.
DATES: Comments must be received on or before January 9, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0006 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 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="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, 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. Mr. Ortiz can be
reached via phone number (404) 562-8085 or via electronic mail at
<a href="/cdn-cgi/l/email-protection#b5dac7c1dccfd7dac7c7d0c7da9bdfdac6c0d0f5d0c5d49bd2dac3"><span class="__cf_email__" data-cfemail="8de2fff9e4f7efe2ffffe8ffe2a3e7e2fef8e8cde8fdeca3eae2fb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve the portions of SC DHEC's \1\ September
26,
[[Page 99181]]
2023, SIP submission that updates South Carolina's State trading
programs at Regulation 61-62.97, Cross-State Air Pollution Rule (CSAPR)
Trading Program, Subpart A--South Carolina CSAPR NO<INF>X</INF> Annual
Trading Program, and Subpart B--South Carolina CSAPR SO<INF>2</INF>
Group 2 Trading Program. Large EGUs in South Carolina are subject to
these two State CSAPR trading programs for annual NO<INF>X</INF> and
SO<INF>2</INF> emissions, which are precursors to PM<INF>2.5</INF>, to
address the State's good neighbor obligation for the 1997 annual
PM<INF>2.5</INF> NAAQS. The State CSAPR trading programs are integrated
with the Federal CSAPR NO<INF>X</INF> Annual Trading Program and the
Federal CSAPR SO<INF>2</INF> Group 2 Trading Program established by
EPA's regulations at 40 CFR part 97, subparts AAAAA and DDDDD,
respectively. As adopted by the State before this SIP revision and as
previously approved by EPA into the SIP, the State's CSAPR trading
program regulations generally IBR the Federal CSAPR trading program
regulations as the Federal regulations had been amended through October
26, 2016. The September 26, 2023, SIP submission would update the IBR
language to reflect amendments EPA made to the Federal CSAPR trading
program regulations in the 2021 Revised CSAPR Update \2\ and the 2022
Recordation Rule.\3\ The SIP revision would also correct two cross-
references in the State's rule. Section II, below, briefly summarizes
the framework of the CSAPR trading programs and how those programs are
implemented in South Carolina.
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\1\ On July 1, 2024, SC DHEC was restructured into a health
agency, the Department of Public Health, and an environmental
agency, the Department of Environmental Services (DES). In a letter
dated June 20, 2024, South Carolina represented to EPA that all the
functions, powers, and duties of the environmental divisions,
offices, and programs of DHEC, including the authority to administer
and enforce State Implementation Plans, are retained and continued
in full force and effect under DES. The letter is in the docket for
this proposed rulemaking. The State agency will simply be referred
to as the State or South Carolina for the remainder of this
document.
\2\ Revised Cross-State Air Pollution Rule Update for the 2008
Ozone NAAQS, 86 FR 23054 (Apr. 30, 2021).
\3\ Deadlines for Submission and Recordation of Allowance
Allocations Under the Cross-State Air Pollution Rule (CSAPR) Trading
Programs and the Texas SO<INF>2</INF> Trading Program, 87 FR 52473
(Aug. 26, 2022).
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EPA is proposing to approve South Carolina's September 26, 2023,
SIP revision because it is consistent with EPA's good neighbor CSAPR
trading programs and the CAA.\4\ Please refer to the Federal Register
citations referenced herein, for additional detailed background on the
CSAPR and subsequent rulemakings.
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\4\ EPA is not taking action on changes reflected in this
submittal to South Carolina Regulation 61-62.60, subpart XXX,
subpart IIII, subpart JJJJ, and South Carolina Regulation 61-62.63,
subpart C, subpart AAAA, subpart YYYY, subpart ZZZZ, subpart DDDDD,
subpart GGGGG, subpart IIIII, and subpart HHHHHH, since these rules
are not part of the SIP.
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II. Background on CSAPR and CSAPR-Related Rulemakings
EPA published the original CSAPR in August 2011 to address the
requirements of CAA section 110(a)(2)(D)(i)(I), known as the ``good
neighbor'' provision, concerning interstate transport of air
pollution.\5\ See 42 U.S.C. 7410(a)(2)(D)(i)(I). Acting to address the
same statutory provision, EPA published the CSAPR Update \6\ in October
2016 and the Revised CSAPR Update in April 2021. The three rules
collectively require 27 southern, midwestern, and 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 one or more of the
following 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. To implement the required emissions
reductions, the rules include Federal implementation plans (FIPs) that
require EGUs in each covered State to participate in one or more of six
Federal emissions trading programs established under regulations set
forth at 40 CFR part 97, subparts AAAAA through EEEEE and GGGGG.\7\
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\5\ Federal Implementation Plans: Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (Aug. 8, 2011).
\6\ Cross-State Air Pollution Rule Update for the 2008 Ozone
NAAQS, 81 FR 74504 (Oct. 26, 2016).
\7\ The trading programs established under CSAPR, the CSAPR
Update, and the Revised CSAPR Update include a program for annual
NO<INF>X</INF> emissions; two geographically separate programs for
annual SO<INF>2</INF> emissions; and three geographically separate
programs for ozone-season NO<INF>X</INF> emissions. While some of
the requirements set forth in these three rules have been amended in
subsequent rules, the subsequent amendments are not relevant to the
South Carolina SIP revision addressed in this action.
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As part of the original CSAPR in 2011, EPA determined that
emissions from South Carolina significantly contributed to
nonattainment or interference with maintenance of the 1997 ozone NAAQS
and the 1997 24-hour PM<INF>2.5</INF> NAAQS in other States.\8\ To
address South Carolina's good neighbor obligations with respect to the
1997 ozone NAAQS, the State's large EGUs became subject to the Federal
CSAPR NO<INF>X</INF> Ozone Season Trading Program established in
subpart BBBBB of 40 CFR part 97, and to address the State's good
neighbor obligations with respect to the 1997 PM<INF>2.5</INF> NAAQS,
the State's large EGUs because subject to the Federal CSAPR
NO<INF>X</INF> Annual Trading Program established in subpart AAAAA of
40 CFR part 97 and the Federal CSAPR SO<INF>2</INF> Group 2 Trading
Program established in subpart DDDDD of 40 CFR part 97.\9\
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\8\ See 76 FR at 48212.
\9\ See 76 FR at 48373-74.
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In the 2016 CSAPR Update, EPA determined that emissions from South
Carolina do not significantly contribute to nonattainment or interfere
with maintenance of the 1997 or 2008 ozone NAAQS in other States.\10\
As a result, EGUs in South Carolina ceased to be subject to the Federal
CSAPR NO<INF>X</INF> Ozone Season Trading Program requirements starting
with the 2017 ozone season.\11\ The CSAPR Update included technical
corrections to all the trading programs established in CSAPR but did
not otherwise address the 1997 or 2006 PM<INF>2.5</INF> NAAQS. South
Carolina's EGUs that meet the CSAPR applicability criteria therefore
continued to be subject to the CSAPR requirements 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 to address the State's
good neighbor obligation with respect to the 1997 annual
PM<INF>2.5</INF> NAAQS.
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\10\ See 81 FR at 74555.
\11\ Id.
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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 good
neighbor obligations using either CSAPR's Federal emissions trading
programs or State emissions trading programs integrated with the
Federal programs.\12\ South Carolina took advantage of these provisions
in 2017. That year, South Carolina submitted and EPA approved revisions
to South Carolina's SIP establishing two State CSAPR trading programs
that replaced the two Federal CSAPR trading programs regarding South
Carolina EGUs for annual emissions of NO<INF>X</INF> and
SO<INF>2</INF>.\13\ EPA approved South Carolina's 2017 SIP submission
in an action published on October 13, 2017, which added Regulation 61-
62.97, Cross-State Air Pollution Rule (CSAPR) Trading Program, to the
South Carolina SIP. This rule contains two subparts: 61-62.97, Subpart
A--South Carolina CSAPR NO<INF>X</INF> Annual Trading Program, and 61-
62.97, Subpart B--South Carolina CSAPR SO<INF>2</INF> Group 2 Trading
Program. In general, each subpart in South Carolina's CSAPR
[[Page 99182]]
State trading program rule was designed to replace the corresponding
Federal trading program regulations.\14\ South Carolina's CSAPR trading
programs are integrated with the Federal CSAPR NO<INF>X</INF> Annual
Trading Program and the Federal CSAPR SO<INF>2</INF> Group 2 Trading
Program. The State trading programs are substantively identical to the
Federal trading programs as amended in the CSAPR Update.\15\
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\12\ See 40 CFR 52.38, 52.39. States also retain the ability to
submit SIP revisions to meet their good neighbor obligations using
mechanisms other than the CSAPR Federal trading programs or
integrated State trading programs.
\13\ See Air Plan Approval; South Carolina; Cross-State Air
Pollution Rule, 82 FR 47936 (October 13, 2017).
\14\ South Carolina Regulation 61-62.97, Subpart A--South
Carolina CSAPR NO<INF>X</INF> Annual Trading program is designed to
IBR most of subpart AAAAA of 40 CFR part 97, while separately
listing the Phase 2 annual NO<INF>X</INF> trading budgets, set-
asides, and variability limits found at 40 CFR 97.410(a)(18)(iv)
through (vi) and (b)(18). Regulation 61-62.97, Subpart B--South
Carolina CSAPR SO<INF>2</INF> Group 2 Trading Program is designed to
IBR most of subpart DDDDD of 40 CFR part 97, while separately
listing the Phase 2 annual SO<INF>2</INF> budgets, set-asides, and
variability limits found at 40 CFR and 97.710(a)(6)(iv) through (vi)
and (b)(6).
\15\ South Carolina retains EPA's default allowance allocation
methodology, and EPA remains the implementing authority for
administration of the trading program.
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Since EPA's approval of the two State CSAPR trading programs into
South Carolina's SIP in 2017, EPA has promulgated changes to the
Federal CSAPR trading programs at 40 CFR part 97, subparts AAAAA and
DDDDD, in the Revised CSAPR Update in 2021 and the Recordation Rule in
2022. The primary purpose of the Revised CSAPR Update rulemaking was to
complete the evaluation of good neighbor obligations of certain States
(not including South Carolina) with respect to the 2008 ozone
NAAQS.\16\ However, that rule also made certain amendments to subparts
AAAAA and DDDDD of part 97, including adjustments to the procedures for
allocating allowances from the portions of the States' emissions
budgets set aside for potential allocation to new units (with
conforming adjustments to the assurance provisions) \17\ as well as
extensions to the deadlines for EPA to record allocations of allowances
in sources' compliance accounts and for sources to hold allowances
after each control period, whether the sources participate in the
integrated trading programs under FIPs or under approved SIP revisions.
The Recordation Rule further extended the deadlines for EPA to record
allocations of allowances in sources' compliance accounts.
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\16\ The Revised CSAPR Update did not reopen EPA's determination
in the CSAPR Update that South Carolina does not contribute
significantly to nonattainment in, or interfere with maintenance by,
any other State with respect to the 2008 ozone NAAQS. See 86 FR
23067 & n.60.
\17\ The CSAPR trading programs' ``assurance provisions''
require the surrender of additional allowances if total emissions
from a state's sources in a control period exceed the state's
``assurance level,'' which equals the state's emissions budget plus
a defined ``variability limit.'' See, e.g., 40 CFR 97.406(c)(2) and
97.425.
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South Carolina's current September 26, 2023, SIP revision would
update the State's Air Pollution Control Regulations and Standards at
Regulation 61-62.97 to align with the changes made by EPA to the
Federal CSAPR NO<INF>X</INF> Annual Trading Program at 40 CFR part 97,
subpart AAAAA, and the Federal CSAPR SO<INF>2</INF> Group 2 Trading
Program at 40 CFR part 97, subpart DDDDD, in the Revised CSAPR Update
and the Recordation Rule.
III. South Carolina's SIP Submission and EPA's Analysis
A. South Carolina's SIP Submittal
As described in section II of this preamble, EPA approved South
Carolina's CSAPR SIP revision adopting the State rule at Regulation 61-
62.97 in an action published on October 13, 2017, replacing the Federal
CSAPR NO<INF>X</INF> Annual and SO<INF>2</INF> Group 2 trading programs
at 40 CFR part 97, subparts AAAAA and DDDDD, for South Carolina EGUs
with State CSAPR trading programs that are integrated with and
substantively identical to the Federal trading programs.\18\ South
Carolina's September 26, 2023, SIP submission seeks approval into the
SIP of the State's revisions to its State CSAPR trading program rules
that incorporate by reference more recent amendments to the Federal
CSAPR trading program regulations. Specifically, the September 26,
2023, SIP submission revises the IBR language at Regulation 61-62.97,
subpart A, paragraph 1, and subpart B, paragraph 1, to IBR specified
revisions to the Federal CSAPR trading programs made after the previous
October 26, 2016, IBR date and through August 26, 2022. The submission
also corrects existing cross-references in Regulation 61-62.97, subpart
A, paragraph 3, and subpart B, paragraph 3.
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\18\ See 82 FR 47936.
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B. EPA's Analysis of South Carolina's SIP Submission
EPA is proposing to approve the portions of South Carolina's
September 26, 2023, SIP submission that update Regulation 61-62.97 by
incorporating the amendments to the Federal CSAPR NO<INF>X</INF> Annual
and SO<INF>2</INF> Group 2 trading programs at 40 CFR part 97 made in
the Revised CSAPR Update and the Recordation Rule and by making
technical corrections to cross-references. EPA's analysis below
describes the specific changes included in the portions of the SIP
submission that EPA is proposing to approve.
South Carolina's September 26, 2023, SIP revision makes two
distinct updates to the State CSAPR trading program rules at Regulation
61-62.97. First, the SIP submission updates the IBR language at subpart
A, paragraph 1, and subpart B, paragraph 1. The previously approved
language IBRs ``the provisions of the July 1, 2016, edition'' of 40 CFR
part 97, subparts AAAAA and DDDDD, ``as amended at 81 FR [74604-07 or
74618-21] (October 26, 2016),'' where the referenced amendment is a
citation to specific pages of the CSAPR Update. The September 26, 2023,
SIP revision removes the phrase ``as amended at 81 FR [74604-07 or
74618-21] (October 26, 2016)'' and replaces it with the new language
``. . . as subsequently amended upon publication in the Federal
Register as listed below . . .'' and then adds tables \19\ with
citations to the CSAPR Update (81 FR 74504; October 26, 2016), the
Revised CSAPR Update (86 FR 23054; April 30, 2021), and the Recordation
Rule (87 FR 52473; August 26, 2022). The revised IBR language also adds
the phrase ``as if fully repeated herein'' to clarify that the text of
the Federal regulations covered by the IBR is to be interpreted as if
that text was repeated verbatim in the State's own regulations. The
revisions align the format and phrasing of the IBR language in the
State's CSAPR trading program regulations with the format and phrasing
of the IBR language in the State's existing New Source Performance
Standards (NSPS) and National Emission Standards for Hazardous Air
Pollutants (NESHAP) regulations.
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\19\ This revised IBR table format lists the CSAPR rulemakings
that amended the Federal NO<INF>X</INF> annual and SO<INF>2</INF>
Group 2 trading programs at part 97 subpart AAAAA and DDDDD,
respectively, and establishes August 26, 2022, as the new date by
which part 97 amendments are incorporated into Regulation 61-62.97.
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The second update to the State CSAPR trading program rules at
Regulation 61-62.97 in South Carolina's SIP submission revises subpart
A, paragraph 3, and subpart B, paragraph 3, to correct existing cross-
references. As originally adopted into the State's regulations, these
paragraphs provided for ``40 CFR 97.404(a)(1) and (b)(1)'' and ``40 CFR
97.704(a)(1) and (b)(1)'' in the Federal trading program regulations
covered by the IBR to be interpreted with specified wording changes
needed to ensure that any EGUs in areas of Indian country within the
State's borders continue to be covered by the Federal trading program
regulations rather than the State trading program
[[Page 99183]]
regulations. While EPA agreed with the State's wording changes, the
paragraph citations were not entirely correct. The revisions included
in this SIP revision retain the same wording changes but correct the
paragraph citations so that the wording changes apply to ``40 CFR
97.404(a)(1) and (b)'' and ``40 CFR 97.704(a)(1) and (b)'' instead.
The changes included in the September 26, 2023, SIP submission make
the State CSAPR trading program regulations more consistent with the
current Federal CSAPR trading program regulations by incorporating
amendments that EPA made to the Federal trading program regulations
after approving South Carolina's CSAPR trading program regulations into
the SIP and by correcting cross-references. EPA therefore is proposing
to approve the portions of South Carolina's September 26, 2023, SIP
submission that revise Regulation 61-62.97. EPA believes these portions
of the SIP submission are consistent with the Federal CSAPR
NO<INF>X</INF> Annual and SO<INF>2</INF> Group 2 trading program
regulations and the implementing provisions that govern a full CSAPR
SIP revision and that the SIP as revised would continue to satisfy the
State's good neighbor 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
annual PM<INF>2.5</INF> NAAQS in any other State.
IV. 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 requirements of 1 CFR 51.5, and as discussed in section III of
this preamble, EPA is proposing to incorporate by reference South
Carolina Regulation 61-62.97, State effective August 25, 2023, which
adopts and incorporates by reference Federal amendments to 40 CFR part
97, subpart AAAAA--CSAPR NO<INF>X</INF> Annual Trading Program and
subpart DDDDD--CSAPR SO<INF>2</INF> Group 2 Trading Program promulgated
after October 26, 2016, through August 26, 2022. 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).
V. Proposed Action
EPA is proposing to approve the September 26, 2023, South Carolina
SIP revision consisting of changes to Regulation 61-62.97, CSAPR
Trading Program, in the South Carolina SIP for the reasons discussed
above.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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
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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
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 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.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements E.O. 12898 and defines EJ as, among other things, the
just treatment and meaningful involvement of all people regardless of
income, race, color, national origin, or Tribal affiliation, or
disability in agency decision-making and other Federal activities that
affect human health and the environment.
South Carolina did not evaluate EJ considerations as part of its
SIP submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this proposed action. Due to the
nature of the action being proposed here, this proposed action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
proposed action, and there is no information in the record inconsistent
with the stated goal of E.O. 12898/14096 of achieving EJ for
communities with EJ concerns.
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.
Authority: 42 U.S.C. 7401 et seq.
[[Page 99184]]
Dated: December 4, 2024.
C[eacute]sar Zapata,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-28873 Filed 12-9-24; 8:45 am]
BILLING CODE 6560-50-P
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