[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Proposed Rules]
[Pages 28519-28520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11113]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0676; FRL-10024-31-Region 4]


Air Plan Approval; SC; Updates to Ambient Air Quality Standards

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 by the 
State of South Carolina, through the South Carolina Department of 
Health and Environmental Control (SC DHEC or Department), on April 24, 
2020. The SIP revision proposes a non-substantive formatting change and 
the removal of an outdated sentence regarding test methods for gaseous 
fluorides from South Carolina's ambient air quality standards 
regulation. EPA is proposing to approve these changes pursuant to the 
Clean Air Act (CAA or Act) and implementing federal regulations.

DATES: Comments must be received on or before June 28, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0676 at 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 a 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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. The telephone number is 
(404) 562-9088. Ms. Bell can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What is EPA proposing?

    On April 24, 2020, SC DHEC submitted a SIP revision to EPA for 
approval that includes a non-substantive formatting change and the 
removal of a sentence describing test methods for gaseous fluorides 
from South Carolina Regulation Standard No. 2--Ambient Air Quality 
Standards.\1\ EPA is proposing to approve these changes submitted by 
South Carolina on April 24, 2020 pursuant to the CAA.
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    \1\ On April 24, 2020, SC DHEC also submitted to EPA SIP 
revisions to Regulations: 61-62.1, Section I--Definitions; 61-62.1, 
Section II--Permit Requirements; 61-62.1, Section III--Emission 
Inventory and Emissions Statement; 61-62.1, Section IV--Source 
Tests; 61-62.1, Section V--Credible Emissions; 61-62.5, Standard 
5.2--Control of Oxides of Nitrogen (NOX); 61-62.5, Standard 7--
Prevention of Significant Deterioration; and 61-62.5, Standard 7.1--
Nonattainment New Source Review (NSR). EPA will address these SIP 
revisions in separate actions.
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II. Background

    SC DHEC has requested approval of two changes to South Carolina 
Regulation 61-62.5, Standard No. 2--Ambient Air Quality Standards. 
First, SC DHEC proposes to update the formatting of references to the 
Code of Federal Regulations (CFR) by adding the word ``Part'' to CFR 
references in this regulation. This is a non-substantive, ministerial 
change. Second, SC DHEC proposes to remove a sentence referencing test 
methods for gaseous fluorides from this regulation. EPA previously 
approved removal of standards applicable to gaseous fluorides (as 
hydrogen flouride) from South Carolina Regulation 61-62.5, Standard No. 
2--Ambient Air Quality Standards, on June 29, 2017. See 82 FR 29414. 
EPA's June 29, 2017 action was premised on the fact that SC DHEC 
regulates hydrogen fluoride under South Carolina Regulation 61-62.5, 
Standard No. 8--Toxic Air Pollutants, which is not part of South 
Carolina's SIP.\2\
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    \2\ Hydrogen fluoride is a hazardous air pollutant (HAP).
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    Although EPA's prior action approved SC DHEC's request to remove 
standards for gaseous fluorides (as hydrogen fluoride) from South 
Carolina Regulation 61-62.5, Standard No. 2--Ambient Air Quality 
Standards, this prior action did not remove the related language 
describing testing standards for gaseous fluorides that was contained 
in this same regulation. SC DEHC's

[[Page 28520]]

current proposal to remove the language from this regulation regarding 
test methods for gaseous fluorides would correct this inconsistency by 
removing this remaining language from South Carolina Regulation 61-
62.5, Standard No. 2--Ambient Air Quality Standards.

III. Analysis of the State's Submittal

    The analysis previously provided by EPA in its June 29, 2017 action 
approving removal of gaseous fluorides (as hydrogen fluoride) from 
South Carolina Regulation 61-62.5, Standard No. 2--Ambient Air Quality 
Standards, remains applicable today. Gaseous fluorides (as hydrogen 
fluoride) are not criteria pollutants. They are hazardous air 
pollutants, which SC DHEC regulates under South Carolina Regulation 61-
62.5, Standard No. 8--Toxic Air Pollutants, a regulation that is 
outside of South Carolina's SIP. Approving the removal of this language 
from the South Carolina SIP is appropriate because there are no primary 
or secondary national ambient air quality standards related to this 
pollutant and because the testing standards for gaseous fluorides do 
not function in the SIP because EPA previously removed the standards 
for these pollutants from the SIP. The remaining changes to South 
Carolina Regulation 61-62.5, Standard No. 2--Ambient Air Quality 
Standards are non-substantive formatting changes. For these reasons, 
this SIP revision would not interfere with any applicable requirement 
concerning attainment and reasonable further progress or any other CAA 
requirement pursuant to CAA section 110(l).

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, EPA is proposing to incorporate by 
reference South Carolina Regulation 61-62.5, Standard No. 2--Ambient 
Air Quality Standards, state effective on April 24, 2020. EPA has made 
and will continue to make these materials generally available through 
www.regulations.gov 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 SC DEHC's April 24, 2020 SIP submittal 
proposing revisions to South Carolina Regulation 61-62.5, Standard No. 
2--Ambient Air Quality Standards and incorporate those revisions into 
the SIP. EPA has determined that these revisions meet the applicable 
requirements of sections 110 of the CAA and applicable regulatory 
requirements at 40 CFR part 51.

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 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. This proposed action 
merely proposes to approve state law as meeting Federal requirements 
and does not propose to 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);
     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 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).
    Because this proposed rule merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law, this proposed rule 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 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 20, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-11113 Filed 5-26-21; 8:45 am]
BILLING CODE 6560-50-P