Rule2026-10744
South Carolina; Approval of State Plan for Control of Emissions From Commercial and Industrial Solid Waste Incineration Units
Primary source
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Published
May 29, 2026
Effective
June 29, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a state plan submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC) on December 19, 2014, and supplemented on September 17, 2018, June 19, 2019, and November 5, 2019, for implementing and enforcing the Emissions Guidelines (EG) applicable to existing Commercial and Industrial Solid Waste Incineration (CISWI) units. The State plan provides for implementation and enforcement of the EG, as finalized by EPA on June 23, 2016, applicable to existing CISWI units for which construction commenced on or before June 4, 2010, or for which modification or reconstruction commenced after June 4, 2010, but no later than August 7, 2013. The State plan also incorporates the CISWI technical amendments finalized by EPA on April 16, 2019. The South Carolina State plan establishes emission limits, monitoring, operating, recordkeeping, and reporting requirements for affected CISWI units.
Full Text
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<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Rules and Regulations]
[Pages 31950-31952]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10744]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2021-0258; FRL-9562-02-R4]
South Carolina; Approval of State Plan for Control of Emissions
From Commercial and Industrial Solid Waste Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a state plan submitted by the State of South
Carolina, through the South Carolina Department of Health and
Environmental Control (SC DHEC) on December 19, 2014, and supplemented
on September 17, 2018, June 19, 2019, and November 5, 2019, for
implementing and enforcing the Emissions Guidelines (EG) applicable to
existing Commercial and Industrial Solid Waste Incineration (CISWI)
units. The State plan provides for implementation and enforcement of
the EG, as finalized by EPA on June 23, 2016, applicable to existing
CISWI units for which construction commenced on or before June 4, 2010,
or for which modification or reconstruction commenced after June 4,
2010, but no later than August 7, 2013. The State plan also
incorporates the CISWI technical amendments finalized by EPA on April
16, 2019. The South Carolina State plan establishes emission limits,
monitoring, operating, recordkeeping, and reporting requirements for
affected CISWI units.
DATES: This rule is effective on June 29, 2026. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register as of June 29, 2026.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2021-0258. 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 through
<a href="http://www.regulations.gov">www.regulations.gov</a>, or in hard copy form at the Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303-8960. EPA requests that, if at all
possible, you contact the person identified 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: Mark Bloeth, Regulatory and
Communities Air Toxics Section, Air Analysis and Support Branch, Air
and Radiation Division, U.S. Environmental Protection Agency, Region 4,
61 Forsyth St. SW, Atlanta, Georgia 30303, telephone number: (404) 562-
9013, email address: <a href="/cdn-cgi/l/email-protection#781a14171d0c105615190a13381d0819561f170e"><span class="__cf_email__" data-cfemail="41232d2e2435296f2c20332a012431206f262e37">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 31951]]
I. Background
Section 129 of the Clean Air Act (CAA or the Act) directs the
Administrator to develop regulations under that section and section
111(d) of the Act to limit emissions of nine air pollutants
(particulate matter, carbon monoxide, dioxins/furans, sulfur dioxide,
nitrogen oxides, hydrogen chloride, lead, mercury, and cadmium) from
four categories of solid waste incineration units: municipal solid
waste incinerators; hospital, medical, and infectious solid waste
incinerators; commercial and industrial solid waste incinerators; and
other solid waste incinerators.
On December 1, 2000, EPA promulgated new source performance
standards (NSPS) and EG to reduce air pollution from CISWI units, which
are codified at 40 CFR part 60, subparts CCCC and DDDD, respectively.
See 65 FR 75338. EPA revised the NSPS and EG for CISWI units on March
21, 2011. See 76 FR 15704. Following promulgation of the 2011 CISWI
rule, EPA received petitions requesting that it reconsider numerous
provisions in the rule. EPA granted reconsideration on certain issues
and, subsequently, on February 7, 2013, it promulgated a CISWI
reconsideration rule. See 78 FR 9112. Subsequently, EPA received
petitions to reconsider certain provisions of the NSPS and EG for CISWI
units. On January 21, 2015, EPA granted reconsideration on four
specific issues and subsequently, on June 23, 2016, it finalized
reconsideration of the CISWI NSPS and EG. See 81 FR 40956.
Following promulgation of the June 23, 2016, final action, EPA
received requests from industry stakeholders and implementing agencies
to clarify various issues with implementation of the standards. In
addition, EPA identified certain procedural issues, including testing
and monitoring issues and inconsistencies within the rules, that
required further clarification or correction. To address the issues,
EPA proposed amendments on June 15, 2018, to several provisions of the
2016 CISWI NSPS and EG. See 83 FR 28068. On April 16, 2019, EPA
finalized technical amendments to the June 15, 2018, proposal by
promulgating clarifying changes and corrections to the 2016 CISWI rule.
See 84 FR 15846.
Section 129(b)(2) of the CAA requires states to submit to EPA for
approval state plans and revisions that implement and enforce the EG--
in this case, 40 CFR part 60, subpart DDDD. State plans and revisions
must be at least as protective as the EG and become federally
enforceable upon approval by EPA. The procedures for submittal and
adoption of state plans and revisions are codified in 40 CFR part 60,
subpart B.
South Carolina submitted a State plan to implement and enforce the
EG for existing CISWI units in the State on December 19, 2014, with a
subsequent supplemental revision on September 17, 2018, an addendum on
June 19, 2019, and a final updated State plan on November 5, 2019.\1\
In a notice of proposed rulemaking published on April 26, 2024 (See 89
FR 32387), EPA proposed to approve South Carolina's State plan.
Additional information concerning South Carolina's State plan
submission and the rationale for EPA's actions for this final rule are
explained in the April 26, 2024, proposed rulemaking. Comments on the
proposed rulemaking were due on or before May 28, 2024. EPA received no
comments on the proposed action.
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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 (SC 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 SC DHEC, including the authority
to administer and enforce State plans, are retained and continued in
full force and effect under SC DES. Throughout this proposal, the
terms, ``Department'', ``South Carolina Department of Health and
Environmental Services'', ``SCDHEC'', ``South Carolina Department of
Environmental Services'', and ``SC DES'' are all interchangeable.
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II. Final Action
EPA is finalizing approval of South Carolina's section 129 State
plan for CISWI units in the State, as submitted on December 19, 2014,
and supplemented on September 17, 2018, June 19, 2019, and November 5,
2019. The State plan was submitted in full compliance with the
requirements of sections 111(d) and 129 of the CAA, and 40 CFR part 60,
subparts B and DDDD. This approval is based on the rationale provided
in the NPRM associated with this rulemaking. EPA's approval is in
accordance with the general provisions of plan approval found in 40 CFR
part 60, subpart B and 40 CFR part 62, subpart A, and is pursuant to
the Agency's role under 42 U.S.C. 7411(d) and 7429(b). EPA's approval
of South Carolina's State plan is limited to those CISWI units that
meet the criteria established in 40 CFR part 60, subpart DDDD, and
grants the State authority to implement and enforce the performance
standards and source requirements of the EG, except in those cases
where authorities are specifically reserved for the EPA Administrator
or his designee. Authorities retained by the EPA Administrator are
those listed in 40 CFR 60.2542.
III. Incorporation by Reference
In accordance with requirements of 1 CFR 51.5, EPA is finalizing
regulatory text that includes incorporation by reference of South
Carolina Code of Regulations (S.C. Code Regs.) ch. 61-62.60, Subpart
DDDD, which became effective in the State of South Carolina on August
23, 2019. This incorporation establishes emission standards and
compliance times for the control of air pollutants from certain CISWI
units that commenced construction on or before June 4, 2010, or
commenced modification or reconstruction after June 4, 2010, but no
later than August 7, 2013. S.C. Code Regs. ch. 61-62.60, Subpart DDDD
provides details regarding South Carolina's adoption of the
applicability provisions, compliance times, emission guidelines,
operational standards, test methods, compliance provisions, monitoring
requirements, reporting guidelines, recordkeeping guidelines, and
definitions contained in EPA's emission guidelines for existing CISWI
units (40 CFR part 60, subpart DDDD). The emissions standards and
compliance times established within the South Carolina State plan are
at least as stringent as those required by the EG for existing CISWI
units subject to Subpart DDDD. EPA has made, and will continue to make,
these materials generally available through the docket for this action,
EPA-R04-OAR-2021-0258, at <a href="https://www.regulations.gov">https://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). This incorporation by reference has been approved by the
Office of the Federal Register as of June 29, 2026, and the plan is
federally enforceable under the CAA as of the effective date of this
final rulemaking.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and
applicable Federal regulations. In reviewing 111(d)/129 plan
submissions, EPA's role is to approve State choices, provided they meet
the criteria of the CAA and EPA's implementing regulations.
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
[[Page 31952]]
Executive Order 12866 (58 FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because state plan approval actions are exempt from
review under Executive Order 12866;
<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 the South Carolina State plan for existing CISWI units is
not approved to apply and does not impose additional requirements
beyond those imposed by state law, this action 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.
This action is subject to the Congressional Review Act (CRA), 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 July 28, 2026. 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 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Fertilizers, Fluoride, Incorporation
by reference, Industrial facilities, Intergovernmental relations,
Methane, Ozone, Phosphate, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds, Waste treatment and
disposal.
Dated: May 14, 2026.
Kevin McOmber,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 62
as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PP--South Carolina
0
2. Amend Sec. 62.10100 by:
0
a. Revising paragraph (a); and
0
b. Adding paragraphs (b)(6) and (c)(6).
The revision and additions read as follows:
Sec. 62.10100 Identification of plan.
(a) Identification of plan. South Carolina Designated Facility Plan.
(b) * * *
(6) South Carolina's State Plan for Existing Commercial and
Industrial Solid Waste Incineration Units, as submitted on December 19,
2014, and supplemented on September 17, 2018, June 19, 2019, and
November 5, 2019, by the South Carolina Department of Health and
Environmental Control (now the ``South Carolina Department of
Environmental Services'').
(c) * * *
(6) Existing commercial and industrial solid waste incineration
units.
0
2. Revise Sec. 62.10190 to read as follows:
Sec. 62.10190 Identification of Sources.
(a) Identification of plan. South Carolina's State Plan for
Existing Commercial and Industrial Solid Waste Incineration Units, as
submitted on December 19, 2014, and supplemented on September 17, 2018,
June 19, 2019, and November 5, 2019. The plan includes the regulatory
provisions cited in paragraph (d) of this section, which EPA
incorporates by reference.
(b) Identification of sources. The plan applies to each existing
commercial and industrial solid waste incineration unit in the State of
South Carolina that commenced construction on or before June 4, 2010,
or commenced modification or reconstruction after June 4, 2010, but no
later than August 7, 2013, as such incineration units are defined in 40
CFR 60.2875 and 40 CFR part 60.
(c) Effective date. The effective date of the plan is June 29,
2026.
(d) Incorporation by reference. Material listed in this paragraph
(d) is incorporated by reference into this section with the approval of
the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR
part 51. All approved material is available for inspection at the EPA
and at the National Archives and Records Administration (NARA). Contact
the EPA at: EPA Region 4 office, 61 Forsyth St. SW, Atlanta, Georgia
30303, 404-562-9900. For information on the availability of this
material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#3056421e595e4340555344595f5e705e5142511e575f46"><span class="__cf_email__" data-cfemail="6305114d0a0d10130600170a0c0d230d0211024d040c15">[email protected]</span></a>. The material may be obtained
from the State of South Carolina at <a href="https://www.scstatehouse.gov/state_register.php">https://www.scstatehouse.gov/state_register.php</a>.
(1) State of South Carolina--The Legislative Council of the General
Assembly S.C. Code Regs. ch. 61-62.60, Subpart DDDD, South Carolina
Code of Regulations, ch. 61-62.60, Subpart DDDD--Performance Standards
and Compliance Times for Existing Commercial and Industrial Solid Waste
Incineration Units, as published in the South Carolina State Register
Vol. 43, Issue 8, which became effective in the State of South Carolina
on August 23, 2019.
(2) [Reserved].
[FR Doc. 2026-10744 Filed 5-28-26; 8:45 am]
BILLING CODE 6560-50-P
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