[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16930-16932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06898]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0429; FRL-9960-92-Region 4]


Air Plan Approval; SC; Infrastructure Requirements for the 2012 
PM2.5 National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of the State Implementation Plan (SIP) 
submission, submitted by the State of South Carolina, through the South 
Carolina Department of Health and Environmental Control (SC DHEC), on 
December 18, 2015, to demonstrate that the State meets the 
infrastructure requirements of the Clean Air Act (CAA or Act) for the 
2012 Annual Fine Particulate Matter (PM2.5) national ambient 
air quality standard (NAAQS). The CAA requires that each state adopt 
and submit a SIP for the implementation, maintenance and enforcement of 
each NAAQS promulgated by EPA, which is commonly referred to as an 
``infrastructure'' SIP. SC DHEC certified that the South Carolina SIP 
contains provisions that ensure the 2012 Annual PM2.5 NAAQS 
is implemented, enforced, and maintained in South Carolina. EPA has 
determined that portions of South Carolina's SIP satisfy certain 
required infrastructure elements for the 2012 Annual PM2.5 
NAAQS.

DATES: This rule is effective May 8, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0429. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not 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 www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management 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: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Ms. Bell can be reached via electronic mail at 
[email protected] or via telephone at (404) 562-9088.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    On December 14, 2012 (78 FR 3086, January 15, 2013), EPA 
promulgated a revised primary annual PM2.5 NAAQS. The 
standard was strengthened from 15.0 micrograms per cubic meter ([mu]g/
m\3\) to 12.0 [mu]g/m\3\. Pursuant to section 110(a)(1) of the CAA, 
States are required to submit SIPs meeting the applicable requirements 
of section 110(a)(2) within three years after promulgation of a new or 
revised NAAQS or within such shorter period as EPA may prescribe. 
Section 110(a)(2) requires states to address basic SIP elements such as 
requirements for monitoring, basic program requirements and legal 
authority that are designed to assure attainment and maintenance of the 
NAAQS. States were required to submit such SIPs for the 2012 Annual 
PM2.5 NAAQS to EPA no later than December 14, 2015.
    In a proposed rulemaking published August 23, 2016 (81 FR 57509), 
EPA proposed to approve portions of South Carolina's December 18, 2015, 
SIP submission for the 2012 Annual PM2.5 NAAQS, with the 
exception of the interstate transport requirements of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), for which EPA did not 
propose any action. On August 22, 2016 (81 FR 56512) EPA conditionally 
approved South Carolina's December 18, 2015, infrastructure SIP 
submission regarding prong 4 of D(i) for the 2012 Annual 
PM2.5 NAAQS. Therefore, EPA is not taking any action today 
pertaining to prong 4. With respect to the interstate transport 
requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA will 
consider these requirements in relation to South Carolina's 2012 Annual 
PM2.5 NAAQS infrastructure submission in a separate 
rulemaking. The details of South Carolina submission and the rationale 
for EPA's actions for this final rule are explained in the August 23, 
2016, proposed rulemaking. Comments on the proposed rulemaking were due 
on or before September 22, 2016. EPA did not receive any comments, 
adverse or otherwise.

II. Final Action

    With the exception of the interstate transport requirements of 
section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), EPA is taking 
final action to approve South Carolina's infrastructure submission for 
the 2012 Annual PM2.5

[[Page 16931]]

NAAQS. EPA notes that the Agency is not approving any specific rule, 
but rather approving that South Carolina's already approved SIP meets 
certain CAA requirements. EPA is taking final action to approve 
portions of South Carolina's infrastructure SIP submission for the 2012 
Annual PM2.5 NAAQS because it is consistent with section 110 
of the CAA.

III. 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. 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:
     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);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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
     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).
    In addition, 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). The Catawba Indian Nation Reservation 
is located within the State of South Carolina. Pursuant to the Catawba 
Indian Claims Settlement Act, South Carolina statute 27-16-120, ``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.'' However, EPA 
has determined that this rule does not have substantial direct effects 
on an Indian Tribe because this action is not approving any specific 
rule, but rather approving that South Carolina's already approved SIP 
meets certain CAA requirements. EPA notes this action will not impose 
substantial direct costs on Tribal governments or preempt Tribal law.
    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 June 6, 2017. 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, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: March 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended 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(e) is amended by adding an entry for ``110(a)(1) and 
(2) Infrastructure Requirements for the 2012 Annual PM2.5 
NAAQS'' at the end of the table to read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        State       EPA approval     Federal Register
            Provision              effective date       date              notice               Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure       12/14/2015      04/07/2017  [Insert citation of  With the exception of
 Requirements for the 2012 Annual                                   publication].        section
 PM2.5 NAAQS.                                                                            110(a)(2)(D)(i)(I) and
                                                                                         (II) (prongs 1, 2 and
                                                                                         4).
----------------------------------------------------------------------------------------------------------------


[[Page 16932]]

[FR Doc. 2017-06898 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P