[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Rules and Regulations]
[Pages 59646-59648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23350]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0524; FRL-8762-02-R4]


Air Plan Approval; South Carolina; 2018 General Assembly New 
Source Review Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of State Implementation Plan (SIP) revisions submitted by the 
State of South Carolina, through the South Carolina Department of 
Health and Environmental Control (SCDHEC or Department), on April 24, 
2020. The SIP revisions update the State's Prevention of Significant 
Deterioration (PSD) and Nonattainment New Source Review (NNSR) 
regulations. Specifically, the SIP revisions add and update several 
definitions for consistency with the Federal regulations, update public 
participation requirements for PSD, clarify the applicability of 
``source impact analysis'' for PSD, add an emissions offset banking 
provision for NNSR, and make administrative updates, such as 
typographical corrections and renumbering. Finally, the changes 
incorporate language that addresses the public notice rule provisions 
for NNSR, which removes the mandatory requirements to provide public 
notice in a newspaper and instead allows for electronic notice (``e-
notice'') as an alternate noticing option for the State. EPA is 
approving these revisions 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-2020-0524. All documents in the docket 
are listed on the www.regulations.gov website. 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 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, SDHEC submitted SIP revisions to EPA for 
approval that include changes to South Carolina's major source New 
Source Review (NSR) permitting regulations to make them more closely 
align with Federal requirements for PSD and NNSR permitting; correct 
typographical errors; and update internal references, including 
renumbering throughout both regulations. Specifically, these changes 
update South Carolina Regulation 61-62.5, Standard No. 7--Prevention of 
Significant Deterioration and Standard No. 7.1--Nonattainment New 
Source Review.\1\ Additionally, the SIP revisions include an update to 
the public noticing procedures for South Carolina's NNSR regulations to 
address changes promulgated in the Federal rule entitled ``Revisions to 
Public Notice Provisions in Clean Air Act Permitting Programs,'' (also 
referred to as the e-Notice Rule) that was finalized in 2016. See 81 FR 
71613 (October 18, 2016).\2\
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    \1\ On April 24, 2020, SDHEC 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 No. 2--Ambient Air 
Quality Standards; and 61-62.5, Standard 5.2--Control of Oxides of 
Nitrogen (NOX). EPA will address these SIP revisions in separate 
actions.
    \2\ EPA previously approved e-notice provisions for South 
Carolina's PSD program. See 83 FR 64285 (December 14, 2018). 
Although the e-notice provisions in the State's NNSR program are 
being incorporated into the SIP for the first time, the April 24, 
2020, SIP revisions also include updates to the already SIP-approved 
e-notice provisions in South Carolina's SIP-approved PSD program.
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    On July 29, 2021, EPA published a notice of proposed rulemaking 
(NPRM), proposing to approve with some exceptions, the changes 
submitted by South Carolina on April 24, 2020. \3\ See 86 FR 40796. 
Comments on the NPRM were due by August 30, 2021. EPA received only one 
comment on the NPRM, which was in favor of EPA's action. The one 
comment received can be found in the docket for this action.
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    \3\ For more details on the exemptions to EPA's approval, see 
the NPRM for this action.
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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 61-62.5, Standards No. 7--Prevention of 
Significant Deterioration, and Standard No. 7.1--Nonattainment New 
Source Review, both state effective on April 24, 2020, with the 
exception of paragraph (H), and a portion of paragraphs (A)(10)(t), and 
(B)(22)(c)(xx), from Regulation 61-62.5, Standard No. 7.1, as discussed 
in the NPRM.\4\ 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.\5\
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    \4\ See 86 FR 40796 at 40798.
    \5\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    As described in more detail in the NPRM, EPA is approving, with 
some exceptions, the changes to the South Carolina Regulation 61-62.5, 
Standards No. 7--Prevention of Significant Deterioration, and Standard 
No. 7.1--Nonattainment New Source Review, as submitted by South 
Carolina on April 24, 2020.

[[Page 59647]]

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 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 by reference, 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 by revising the entries for ``Standard 
No. 7'' and ``Standard No. 7.1'' to read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (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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                                                  * * * * * * *
Standard No. 7.................  Prevention of            4/24/2020  10/28/2021,         .......................
                                  Significant                         [Insert citation
                                  Deterioration.                      of publication].
Standard No. 7.1...............  Nonattainment New        4/24/2020  10/28/2021,         Except for paragraph
                                  Source Review.                      [Insert citation    (H) and the ethanol
                                                                      of publication].    production facilities
                                                                                          exclusion in
                                                                                          paragraphs (A)(10)(t)
                                                                                          and (B)(22)(c)(xx).
 
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[FR Doc. 2021-23350 Filed 10-27-21; 8:45 am]
BILLING CODE 6560-50-P