Rule2025-03609
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
March 7, 2025
Effective
April 7, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 is approving South Carolina's September 26, 2023, SIP revision because it is consistent with EPA's good neighbor CSAPR trading programs and the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 90 Issue 44 (Friday, March 7, 2025)</title>
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[Federal Register Volume 90, Number 44 (Friday, March 7, 2025)]
[Rules and Regulations]
[Pages 11478-11480]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03609]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0006; FRL-12050-02-R4]
Air Plan Approval; SC; Updates to the Cross-State Air Pollution
Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 is approving South Carolina's
September 26, 2023, SIP revision because it is consistent with EPA's
good neighbor CSAPR trading programs and the Clean Air Act (CAA or
Act).
DATES: This rule is effective April 7, 2025.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2024-0006. All documents in the docket
are listed on the <a href="http://regulations.gov">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: 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#90ffe2e4f9eaf2ffe2e2f5e2ffbefaffe3e5f5d0f5e0f1bef7ffe6"><span class="__cf_email__" data-cfemail="167964627f6c74796464736479387c796563735673667738717960">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On September 26, 2023, SC DHEC \1\ transmitted a SIP revision to
update their State's CSAPR emissions trading programs to IBR certain
amendments EPA has made to the regulations for the Federal CSAPR
trading programs for annual emissions of NO<INF>X</INF> and
SO<INF>2</INF> for 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 CAA's
good neighbor provision with respect to the national ambient air
[[Page 11479]]
quality standards (NAAQS) for fine particulate matter
(PM<INF>2.5</INF>).
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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 rulemaking. The state agency will simply be referred to as the
State or South Carolina for the remainder of this notice.
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Through a notice of proposed rulemaking (NPRM) published on
December 10, 2024 (89 FR 99180), EPA proposed 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, subparts AAAAA and DDDDD, respectively, promulgated
in the Revised CSAPR Update \2\ and the Recordation Rule \3\ and by
making technical corrections to cross-references.\4\ These changes 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 the Agency had previously approved South Carolina's CSAPR trading
program regulations into the SIP and by correcting cross-references.
EPA therefore is approving the portions of South Carolina's September
26, 2023, SIP submission that revise Regulation 61-62.97.
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\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).
\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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In this rulemaking, EPA is finalizing its approval of these
portions of the SIP submission as they 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 the SIP as revised will continue to satisfy the
State's good neighbor obligation pursuant to CAA section
110(a)(2)(D)(i)(I). The details of the South Carolina submission and
the rationale for EPA approving these changes are explained in the
December 10, 2024, NPRM. Comments on the December 10, 2024, NPRM were
due on or before January 9, 2025. No comments were received on the
December 10, 2024, NPRM, adverse or otherwise.
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, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of 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). Therefore, these materials have been approved by EPA for
inclusion in the SIP, 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.\5\
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\5\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving 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.
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 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
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 Order 12866 (58
FR 51735, October 4, 1993);
<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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 May 6, 2025. 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.
[[Page 11480]]
Dated: February 21, 2025.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, 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
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2. In Sec. 52.2120(c), amend table 1 by revising entry for
``Regulation No. 62.97'' to read as follows:
Sec. 52.2120 Identification of plan.
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(c) * * *
Table 1 to Paragraph (c)--EPA-Approved South Carolina Laws and Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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Regulation No. 62.97............ Cross-State Air 8/25/2023 3/7/2025, [Insert first
Pollution Rule (CSAPR) page of Federal
Trading Program. Register citation].
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[FR Doc. 2025-03609 Filed 3-6-25; 8:45 am]
BILLING CODE 6560-50-P
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