[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Proposed Rules]
[Pages 24420-24424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10968]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0666; FRL-9994-13-Region 4]
Air Plan Approval; South Carolina; 2008 8-Hour Ozone Interstate
Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency is proposing to approve
South Carolina's June 18, 2018, State Implementation Plan (SIP)
submission pertaining to the ``good neighbor'' provision of the Clean
Air Act (CAA or Act) for the 2008 8-hour ozone National Ambient Air
Quality Standards (NAAQS). The good neighbor provision requires each
state's implementation plan to address the interstate transport of air
pollution in amounts that contribute significantly to nonattainment, or
interfere with maintenance, of a NAAQS in any other state. In this
action, EPA is proposing to determine that South Carolina's SIP
contains adequate provisions to prohibit emissions within the State
from contributing significantly to nonattainment or interfering with
maintenance of the 2008 8-hour ozone NAAQS in any other state.
DATES: Comments must be received on or before June 27, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0666 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. 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
[[Page 24421]]
http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Evan Adams, 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. Adams can also be reached
via telephone at (404) 562-9009 and via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA promulgated an ozone NAAQS that revised the
levels of the primary and secondary 8-hour ozone standards from 0.08
parts per million (ppm) to 0.075 ppm.\1\ See 73 FR 16436 (March 27,
2008). Pursuant to CAA section 110(a)(1), within three years after
promulgation of a new or revised NAAQS (or shorter, if EPA prescribes),
states must submit SIPs that meet the applicable requirements of
section 110(a)(2). EPA has historically referred to these SIP
submissions made for the purpose of satisfying the requirements of
sections 110(a)(1) and 110(a)(2) as ``infrastructure SIP'' submissions.
One of the structural requirements of section 110(a)(2) is section
110(a)(2)(D)(i), which generally requires SIPs to contain adequate
provisions to prohibit in-state emissions activities from having
certain adverse air quality effects on neighboring states due to
interstate transport of air pollution. There are four sub-elements, or
``prongs,'' within section 110(a)(2)(D)(i) of the CAA. CAA section
110(a)(2)(D)(i)(I), also known as the ``good neighbor'' provision,
requires SIPs to include provisions prohibiting any source or other
type of emissions activity in one state from emitting any air pollutant
in amounts that will contribute significantly to nonattainment, or
interfere with maintenance, of the NAAQS in another state. The two
provisions of this section are referred to as prong 1 (significant
contribution to nonattainment) and prong 2 (interference with
maintenance). Section 110(a)(2)(D)(i)(II) requires SIPs to contain
adequate provisions to prohibit emissions that will interfere with
measures required to be included in the applicable implementation plan
for any other state under part C to prevent significant deterioration
of air quality (prong 3) or to protect visibility (prong 4). This
proposed action addresses only prongs 1 and 2 of section
110(a)(2)(D)(i). All other infrastructure SIP elements for South
Carolina for the 2008 8-hour ozone NAAQS were addressed in separate
rulemakings.\2\
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\1\ 0.075 ppm equates to 75 parts per billion (ppb).
\2\ See 83 FR 48239 (September 24, 2018); 81 FR 56512 (August
22, 2016); 80 FR 48255 (August 12, 2015); 80 FR 14019 (March 18,
2015); and 80 FR 11136 (March 2, 2015).
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A. State Submittal
On June 18, 2018, the South Carolina Department of Health and
Environmental Control (SC DHEC) provided a SIP submittal \3\ to EPA to
address the interstate transport requirements of sections
110(a)(2)(D)(i)(I) for the South Carolina SIP. South Carolina made this
submission to certify that its SIP contains adequate provisions to
prohibit emissions activities within the State which will contribute
significantly to nonattainment or interfere with maintenance of the
2008 8-hour ozone NAAQS in any other state, and therefore, adequately
addresses the requirements of CAA section 110(a)(2)(D)(i)(I) for the
2008 8-hour ozone NAAQS.\4\ South Carolina's certification is based on
air quality monitoring and modeling data, SIP-approved and state
provisions regulating emissions of ozone precursors (volatile organic
compounds (VOCs) and nitrogen oxides (NOX)) within the
State, and an analysis of recent trends in emissions of ozone
precursors (VOCs and NOX) from South Carolina sources.
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\3\ On October 24, 2011, South Carolina submitted a state
implementation plan revision to address the 110(a)(1) and (2)
requirements of the CAA including section 110(a)(2)(D)(i)(I) with
respect to the 2008 ozone NAAQS. On April 16, 2013, the state
withdrew its good neighbor SIP submission. See August 29, 2016
Memorandum from Gobeail McKinley re ``Status of 110(a)(2)(D)(i)(I)
SIPs for the 2008 Ozone NAAQS,'' available at https://www.regulations.gov/document?D=EPA-HQ-OAR-2015-0500-0509; July 17,
2012 South Carolina SIP Submittal for the 2008 8-hour Ozone
Infrastructure Requirements, available at https://www.regulations.gov/document?D=EPA-R04-OAR-2012-0694-0002.
\4\ On July 13, 2015, EPA published a final rulemaking that
finalized findings of failure to submit with regard to the
requirements of CAA section 110(a)(2)(D)(i)(I) for 24 states,
including South Carolina, with respect to the 2008 ozone NAAQS. See
80 FR 39961. The findings of failure to submit established a two-
year deadline for EPA to promulgate a FIP to address the interstate
transport SIP requirements pertaining to significant contribution to
nonattainment and interference with maintenance unless, prior to EPA
promulgating a FIP, the state submits, and EPA approves, a SIP that
meets these requirements. Additional background on the findings of
failure to submit--including EPA's findings related to South
Carolina--can be found in the preamble to the final rule. See 80 FR
39961.
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B. EPA's Analysis Related to 110(a)(2)(D)(i)(I) for the 2008 8-Hour
Ozone NAAQS
EPA developed technical information and related analyses to assist
states with meeting section 110(a)(2)(D)(i)(I) requirements for the
2008 8-hour ozone NAAQS through SIPs and, as appropriate, to provide
backstop federal implementation plans (FIPs) in the event that states
failed to submit approvable SIPs.\5\ On October 26, 2016, EPA took
steps to effectuate this backstop role with respect to eastern states
\6\ by finalizing an update to the 2011 Cross-State Air Pollution Rule
(2011 CSAPR) ozone season program that addresses good neighbor
obligations for the 2008 8-hour ozone NAAQS (CSAPR Update).\7\ The
CSAPR Update establishes statewide NOX budgets for certain
affected electricity generating units in 22 eastern states for the May
through September ozone season to reduce the interstate transport of
ozone pollution in the eastern United States, and thereby help downwind
states and communities meet and maintain the 2008 8-hour ozone NAAQS.
See 81 FR 74504 (October 26, 2016). The rule also determined that
emissions from 14 states (including South Carolina) will not
significantly contribute to nonattainment or interfere with maintenance
of the 2008 ozone NAAQS in downwind states. Accordingly, EPA determined
that it need not require further emission reductions from sources in
those states to address the good neighbor provision as to the 2008
ozone NAAQS. Id.
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\5\ The EPA issued a Notice of Data Availability on August 4,
2015, requesting comment on the modeling platform and air quality
modeling results that were used for the proposed CSAPR Update. See
80 FR 46271.
\6\ For purposes of the CSAPR Update, ``eastern'' states refer
to all contiguous states fully east of the Rocky Mountains (thus not
including the mountain states of Montana, Wyoming, Colorado, or New
Mexico).
\7\ See Federal Implementation Plans: Interstate Transport of
Fine Particulate Matter and Ozone and Correction of SIP Approvals,
Final Rule (2011 CSAPR), 76 FR 48208 (August 8, 2011); Cross-State
Air Pollution Rule Update for the 2008 Ozone NAAQS (CSAPR Update),
81 FR 74504 (October 26, 2016).
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The CSAPR Update used the same framework that EPA used when
developing the original 2011 CSAPR, EPA's interstate transport rule
addressing the 1997 8-hour ozone NAAQS as well as the 1997 and 2006
fine particulate matter (PM2.5) NAAQS. This framework
established the following four-step process to address the requirements
of the good neighbor provision: (1) Identify downwind areas, referred
to as receptors, that are
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expected to have problems attaining or maintaining the NAAQS; (2)
determine which upwind states impact these identified problems in
amounts sufficient to ``link'' them to the downwind air quality
problems; (3) for states linked to downwind air quality problems,
identify upwind emissions, if any, that will significantly contribute
to nonattainment or interfere with maintenance of a NAAQS; and (4)
reduce the identified upwind emissions for states that are found to
have emissions that will significantly contribute to nonattainment or
interfere with maintenance of the NAAQS downwind by adopting permanent
and enforceable measures in a FIP or SIP. In the CSAPR Update, EPA used
this four-step framework to determine whether states in the east will
significantly contribute to nonattainment or interfere with maintenance
of downwind air quality. As explained below, the CSAPR Update's four-
step analysis supports the conclusions provided in SC DHEC's June 18,
2018, interstate transport SIP submittal for the 2008 8-hour ozone
NAAQS that the state will not significantly contribute to nonattainment
or interfere with maintenance of the standard in other states.
In the technical analysis supporting the CSAPR Update, EPA used
detailed air quality analyses to determine where projected
nonattainment or maintenance receptors would be, at step 1 of the four-
step framework, and whether emissions from an eastern state contribute
to downwind air quality problems at those projected nonattainment or
maintenance receptors, in step 2 of the framework. Specifically, EPA
determined whether each state's contributing emissions were at or above
a specific threshold. EPA determined that one percent was an
appropriate threshold to use in this analysis because there were
important, even if relatively small, contributions to identified
nonattainment and maintenance receptors from multiple upwind states at
that threshold.\8\ See 81 FR 74504 (October 26, 2016). For the CSAPR
Update, EPA applied an air quality screening threshold of 0.75 ppb
(equivalent to one percent of the 2008 8-hour ozone NAAQS of 75 ppb) to
identify linkages between upwind states and the downwind nonattainment
and maintenance receptors. States with impacts below the one-percent
threshold were considered not to contribute to identified downwind
nonattainment and maintenance receptors and therefore would not
contribute significantly to nonattainment or interfere with maintenance
of the standard in those downwind areas. If a state's impact was equal
to or exceeded the one-percent threshold, that state was considered
``linked'' to the downwind nonattainment or maintenance receptor(s) and
the state's emissions were further evaluated, taking into account both
air quality and cost considerations, to determine whether any emissions
reductions might be necessary to address the state's obligation
pursuant to CAA section 110(a)(2)(D)(i)(I).
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\8\ EPA's analysis showed that the one-percent threshold
generally captured a high percentage of the total pollution
transport affecting downwind states. EPA's analysis further showed
that the application of a lower threshold would result in relatively
modest increases in the overall percentage of ozone transport
pollution captured, while the use of higher thresholds would result
in a relatively large reduction in the overall percentage of ozone
pollution transport captured relative to the levels captured at one
percent at the majority of the receptors. See 81 FR 74504 (October
26, 2016) and ``Air Quality Modeling Final Rule Technical Support
Document for the Final CSAPR Update'' (CSAPR Update Modeling TSD),
available at https://www.epa.gov/sites/production/files/2017-05/documents/aq_modeling_tsd_final_csapr_update.pdf. This approach is
consistent with the use of a one-percent threshold to identify those
states ``linked'' to air quality problems with respect to the 1997
8-hour ozone NAAQS in the original CSAPR rulemaking, wherein EPA
noted that there are adverse health impacts associated with ambient
ozone even at low levels. See 76 FR 48208 (August 8, 2011); see also
``Air Quality Modeling Final Rule Technical Support Document'' for
the 2011 CSAPR, available at https://www.regulations.gov/document?D=EPA-HQ-OAR-2009-0491-4140.
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As discussed in the final rulemaking for the CSAPR Update, the air
quality modeling contained in EPA's technical analysis: (1) Identified
locations in the U.S. where EPA anticipated nonattainment or
maintenance issues in 2017 for the 2008 8-hour ozone NAAQS (these were
identified as nonattainment or maintenance receptors, respectively),
and (2) quantified the projected contributions from emissions from
upwind states to downwind ozone concentrations at the receptors in
2017. See 81 FR 74504 (October 26, 2016). This modeling used the
Comprehensive Air Quality Model with Extensions (CAMx version 6.11) to
model the 2011 base year and the 2017 future base case emissions
scenarios to identify projected nonattainment and maintenance sites
with respect to the 2008 8-hour ozone NAAQS in 2017. EPA used
nationwide state-level ozone source apportionment modeling (the CAMx
Ozone Source Apportionment Technology/Anthropogenic Precursor
Culpability Analysis technique) to quantify the contribution of 2017
base case NOX and VOC emissions from all sources in each
state to the 2017 projected receptors. The air quality model runs were
performed for a modeling domain that covers the 48 contiguous United
States, the District of Columbia, and adjacent portions of Canada and
Mexico. The updated modeling data released to support the final CSAPR
Update for South Carolina inform the Agency's analysis of upwind state
linkages to downwind air quality problems for the 2008 8-hour ozone
NAAQS. See CSAPR Update Modeling Technical Support Document (TSD).
EPA's air quality modeling for the final CSAPR Update indicated
that South Carolina's largest impact on any projected downwind
nonattainment receptor in 2017 was 0.15 ppb and South Carolina's
largest contribution to any projected downwind maintenance-only site in
2017 was 0.30 ppb.\9\ These values are below the one percent screening
threshold of 0.75 ppb, and therefore there are no identified linkages
between South Carolina and 2017 downwind projected nonattainment and
maintenance sites.
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\9\ See CSAPR Update Modeling TSD at Table 4-2, section 4.4 and
Appendix D.
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Additionally, the CSAPR Update addressed the decision from the
United States Court of Appeals for the District of Columbia Circuit in
EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015),
remanding for reconsideration certain state ozone season NOX
emission budgets from the original CSAPR (including South Carolina's)
with respect to the 1997 8-hour ozone NAAQS.\10\ EPA removed South
Carolina from the CSAPR ozone season trading program beginning in
2017.\11\
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\10\ Among other things, the decision remanded CSAPR without
vacatur for reconsideration of the EPA's emission budgets for
certain states. The court declared invalid the CSAPR Phase 2
NOX ozone season emission budgets of 11 states, including
South Carolina, holding that those budgets over-control with respect
to the downwind air quality problems to which those states were
linked for the 1997 ozone NAAQS. Because the 2008 ozone NAAQS is
more stringent than the 1997 ozone NAAQS, the CSAPR Update modeling
necessarily indicates that South Carolina is also not linked to any
remaining air quality concerns with respect to the 1997 ozone
standard for which the states were regulated in the original CSAPR.
For South Carolina, EPA therefore relieved sources in the State from
the obligation to comply with the NOX ozone season
trading program in response to the remand.
\11\ See 81 FR 74523-74524.
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II. What is EPA's analysis of the South Carolina submittal?
As mentioned in section I, South Carolina's June 18, 2018,
submittal certifies that emission activities from the State will not
contribute significantly to nonattainment or interfere with maintenance
of the 2008
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8-hour ozone NAAQS in any other state for the following reasons: (1)
Modeling conducted by EPA in support of the CSAPR Update indicates that
South Carolina's impact on any downwind receptor is far less than 1
percent of the standard; (2) NOX and VOC precursor emissions
and monitored ozone concentrations in South Carolina have decreased
since 2002; and (3) South Carolina has in place both SIP-approved and
state provisions that regulate ozone precursors in the State. Based on
an assessment of this information, EPA proposes to approve South
Carolina's SIP submission because it has adequate provisions to ensure
that emissions from sources within the State will not significantly
contribute to nonattainment or interfere with maintenance of the 2008
8-hour ozone NAAQS in any other state.
South Carolina's submittal assessed EPA's CSAPR Update modeling,
which showed South Carolina's impact on downwind receptors for the 2008
8-hour ozone NAAQS as far less than one percent of the standard (i.e.,
0.75 ppb). South Carolina cites to EPA's August 2016 CSAPR Update
Modeling TSD where the modeling indicated that South Carolina's largest
impact on any projected downwind nonattainment receptor in 2017 was
0.15 ppb and the largest impact on any projected downwind maintenance-
only site was 0.30 ppb, both of which are below 0.75 ppb, the one
percent threshold for the 2008 ozone NAAQS. Therefore, EPA concluded in
the CSAPR Update that South Carolina's emissions will not contribute to
downwind nonattainment and maintenance receptors and therefore, did not
finalize a FIP that required additional emission reductions from South
Carolina. Accordingly, in the CSAPR Update, EPA made a final
determination that South Carolina emissions will not significantly
contribute to nonattainment or interfere with the 2008 ozone NAAQS in
other states and that sources in the State are not required to further
reduce emissions pursuant to the good neighbor provision with respect
to this standard.\12\
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\12\ See 81 FR 74506. EPA is not reopening for comment final
determinations made in the CSAPR Update or the modeling conducted to
support that rulemaking.
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South Carolina's submittal also notes that total annual
NOX emissions and total annual VOC emissions in South
Carolina have decreased by 47 percent and 36 percent, respectively,
between 2002 and 2014. South Carolina indicates that monitored ozone
concentrations in the State are also trending downward, due to the
success of federal and state air regulations, which correlates to the
decline in ozone precursor emissions.
SC DHEC identified regulations that have been approved into the
South Carolina SIP to provide for the control of NOX and
nitrogen dioxide (NO2), which are precursors that contribute
to ambient ozone concentrations. These regulations include Regulations
61-62.5, Standard 7--Prevention of Significant Deterioration, and 61-
62.5, Standard 7.1--Nonattainment New Source Review, which provide for
the implementation of a permitting program required under Title I,
Parts C and D of the CAA for sources of NOX. The permitting
requirements help ensure that no new or modified sources in the State
subject to these permitting regulations will significantly contribute
to nonattainment or interfere with maintenance of the2008 8-hour ozone
NAAQS. SC DHEC also identified SIP-approved Regulation 61-62.1
Definitions and General Requirements, which provide enforceable
emission limits and other control measure, means, and techniques. SIP-
approved Regulation 61-62.5, Standard No. 5.2, Control of Oxides of
Nitrogen (NOX) establishes emission standards and compliance (testing
and monitoring) requirements respectively for stationary sources of air
pollution emissions.\13\
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\13\ Although not relied upon for purposes of approval, SC DHEC
also identified state-only provisions of the South Carolina Code
Section 48-1-10 Pollution Control Act and Section 1-23-10 State
Agency Rule Making and Adjudication of Contested Cases as
regulations that the State is implementing which provide for the
control of NOX emissions.
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South Carolina further identified the following regulations that
provide for the implementation of VOC emissions controls: Regulation
61-62.60, South Carolina Designated Facility Plan and New Source
Performance Standards and Regulation 61-62.61, National Emission
Standards for Hazardous Air Pollutants and National Emissions Standards
for Hazardous Air Pollutants (NESHAP) for Source Categories. While
these rules are not approved into the federally-approved SIP, they
incorporate the federal requirements of 40 CFR parts 60 and 63 by
reference.
Based on the information presented herein, EPA proposes to approve
South Carolina's June 18, 2018, SIP submission on grounds that it
addresses the State's 110(a)(2)(D)(i)(I) good neighbor obligation for
the 2008 8-hour ozone NAAQS because the EPA has found that the State
will not significantly contribute to nonattainment or interfere with
maintenance of the 2008 ozone NAAQS in any other state.
III. Proposed Action
EPA is proposing to approve South Carolina's June 18, 2018, SIP
submission demonstrating that South Carolina's SIP is sufficient to
address the CAA requirements of prongs 1 and 2 under section
110(a)(2)(D)(i)(I) for the 2008 8-hour ozone NAAQS. EPA requests
comment on this proposed approval of South Carolina's SIP.
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 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
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:
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 (Pub. L. 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
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be inconsistent with the Clean Air Act; 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).
Because this action merely approves 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 action
will not impose substantial direct costs on Tribal governments or
preempt Trial 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 14, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-10968 Filed 5-24-19; 8:45 am]
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