[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Rules and Regulations]
[Pages 59641-59643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23349]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0445; FRL-8779-02-R4]


Air Plan Approval; SC; Revisions to Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of 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 updates the definition of ``Spec. Oil 
(Specification Oil)'' and makes minor updates to formatting and 
numbering. EPA is finalizing approval of these changes pursuant to the 
Clean Air Act (CAA or Act) and implementing federal regulations.

DATES: This rule is effective November 29, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0445. All documents in the docket 
are listed on the www.regulations.gov 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 www.regulations.gov 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: Andres Febres, 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) 562-8966. Mr. Febres can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 24, 2020, SC DHEC submitted a SIP revision to EPA for 
approval that includes changes to South Carolina Regulation 61-62.1, 
Section I--Definitions.\1\ First, SC DHEC's April 24,

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2020, SIP revision includes minor updates to numbering and formatting. 
Second, the SIP revision updates the definition of ``Spec. Oil 
(Specification Oil)'' at Paragraph 97(a) within the definition of 
``Used Oil.'' Specifically, the revised definition of ``Spec. Oil'' 
would remove the phrase ``Nickel--120 ppm [parts per million] 
maximum,'' thus eliminating the nickel specification for ``Spec. Oil.'' 
In the South Carolina SIP's definition of ``Used Oil,'' ``Spec. Oil'' 
and ``Non-Spec. Oil'' \2\ are listed as ``[t]wo (2) types'' of ``used 
oil.'' Notably, the terms ``Spec. Oil'' and ``Specification Oil'' do 
not currently appear anywhere else in South Carolina's SIP outside of 
the definition of ``Used Oil.''
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    \1\ In the April 24, 2020, SIP revision SC DHEC also submitted 
to EPA changes to Regulations 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 No. 2--Ambient Air Quality 
Standards; 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.
    \2\ ``Non-Spec. Oil (Off Spec Oil)'' is defined as ``[u]sed oil 
that does not meet the specification above.'' S.C. Code Regs. 61-
62.1 sec. I (97)(b). Therefore, used oil that does not meet the 
definition of ``Spec. Oil'' is still considered ``Used Oil.'' Id.
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    In a notice of proposed rulemaking (NPRM) published in the Federal 
Register on August 4, 2021 (86 FR 41914), EPA proposed to approve the 
aforementioned changes from South Carolina's April 24, 2020, SIP 
revision. The details of South Carolina's submittal and the rationale 
for EPA's approval are further explained in the August 4, 2021, NPRM. 
Comments on the August 4, 2021, NPRM were due on or before September 3, 
2021. EPA did not receive any comments, adverse or otherwise, on the 
August 4, 2021, NPRM.

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, EPA is finalizing the incorporation by reference of South 
Carolina's Regulation 61-62.1, Definitions and General Requirements, 
Section I--Definitions, 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). Therefore, these 
materials have been approved by EPA for inclusion in the State 
implementation plan, 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.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is finalizing approval of revisions to the SIP-approved version 
of South Carolina Regulation 61-62.1, Section I--Definitions, state 
effective on April 24, 2020. EPA has determined that these revisions 
meet the applicable requirements of section 110 of the CAA and the 
applicable regulatory requirements at 40 CFR part 51.

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. 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 (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 final rule merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law, this final 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.
    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 December 27, 2021. 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

[[Page 59643]]

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, Carbon monoxide, 
Incorporation byreference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 21, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, the 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

0
2. Section 52.2120(c), is amended under the heading ``Regulation No. 
62.1'' by revising the entry for ``Section I'' to read as follows:


Sec.  52.2120   Identification of plan.

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    (c) * * *

                                     EPA-Approved South Carolina Regulations
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                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
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Regulation No. 62.1..............  Definitions and
                                    General
                                    Requirements.
Section I........................  Definitions........       4/24/2020  10/28/2021 [Insert   ...................
                                                                         citation of
                                                                         publication].
 
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[FR Doc. 2021-23349 Filed 10-27-21; 8:45 am]
BILLING CODE 6560-50-P