[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3673-3675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01300]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0677; FRL-9276-02-R4]


Air Plan Approval; South Carolina; Catawba Indian Nation Portion 
of the Charlotte-Gastonia-Rock Hill Area Limited Maintenance Plan for 
the 1997 8-Hour Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to a approve state implementation plan (SIP) revision submitted 
by the State of South Carolina, through the Department of Health and 
Environmental Control (DHEC), via a letter dated July 7, 2020. The SIP 
revision includes the 1997 8-hour ozone national ambient air quality 
standards (NAAQS) Limited Maintenance Plan (LMP) for the Catawba Indian 
Nation portion (hereinafter referred to as the Catawba Area) of the 
Charlotte-Gastonia-Rock Hill NC-SC 1997 8-hour ozone maintenance area 
(hereinafter referred to as the Charlotte NC-SC 1997 8-hour NAAQS 
Area). The Charlotte NC-SC 1997 8-hour NAAQS Area is comprised of 
Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Union, and a portion of 
Iredell County (i.e., Davidson and Coddle Creek Townships) in North 
Carolina and a portion of York County, South Carolina, which includes 
the Catawba Area. EPA is finalizing approval of the Catawba Area LMP 
because it provides for the maintenance of the 1997 8-hour ozone NAAQS 
within the Catawba Area through the end of the second 10-year portion 
of the maintenance period. The effect of this action would be to make 
certain commitments related to maintenance of the 1997 8-hour ozone 
NAAQS in the Catawba Area federally enforceable as part of the South 
Carolina SIP.

DATES: This rule is effective February 24, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0677. 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: Jane Spann, Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air and Radiation 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9029. Ms. Spann can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Clean Air Act (CAA or Act), EPA is approving 
the Catawba Area LMP for the 1997 8-hour ozone NAAQS, adopted by DHEC 
on July 7, 2020, and submitted by DHEC as a revision to the South 
Carolina SIP under a letter dated July 7, 2020.\1\ In 2004, the 
Charlotte NC-SC 1997 8-hour NAAQS Area, which includes the Catawba 
Area, was designated as nonattainment for the 1997 8-hour ozone NAAQS. 
Subsequently, in 2012, after a clean data determination \2\ and EPA's 
approval of a maintenance plan, the South Carolina portion of the 
Charlotte NC-SC 1997 8-hour NAAQS

[[Page 3674]]

Area, which includes the Catawba Area, was redesignated to attainment 
for the 1997 8-hour ozone NAAQS.
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    \1\ EPA received the SIP submission on July 10, 2020.
    \2\ See 77 FR 13493 (March 7, 2012).
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    The Catawba Area LMP is designed to maintain the 1997 8-hour ozone 
NAAQS within the Catawba Area through the end of the second 10-year 
portion of the maintenance period beyond redesignation. As a general 
matter, the Catawba Area LMP relies on the same control measures and 
relevant contingency provisions to maintain the 1997 8-hour ozone NAAQS 
during the second 10-year portion of the maintenance period as the 
maintenance plan submitted by DHEC for the first 10-year period.
    In a notice of proposed rulemaking (NPRM), published on November 
26, 2021 (86 FR 67402), EPA proposed to approve the Catawba Area LMP 
because the State made a showing, consistent with EPA's prior LMP 
guidance, that the Charlotte NC-SC 1997 8-hour NAAQS Area's ozone 
concentrations are well below the 1997 8-hour ozone NAAQS and have been 
historically stable and that it met the other maintenance plan 
requirements. The details of South Carolina's submission and the 
rationale for EPA's action are explained in the November 26, 2021, 
NPRM. Comments on the November 26, 2021, NPRM were due on or before 
December 27, 2021. EPA did not receive any comments on the November 26, 
2021, NPRM.

II. Final Action

    EPA is taking final action to approve the Catawba Area LMP for the 
1997 8-hour ozone NAAQS, submitted by DHEC on July 7, 2020, as a 
revision to the South Carolina SIP.
    EPA is approving the Catawba Area LMP because it includes an 
acceptable update of various elements of the 1997 8-hour ozone NAAQS 
Maintenance Plan approved by EPA for the first 10-year period and 
retains the relevant provisions of the SIP. EPA also finds that the 
Catawba Area qualifies for the LMP option and that therefore the 
Catawba Area LMP adequately demonstrates maintenance of the 1997 8-hour 
ozone NAAQS through documentation of monitoring data showing maximum 
1997 8-hour ozone levels well below the NAAQS and continuation of 
existing control measures. EPA believes the Catawba Area's 1997 8-Hour 
Ozone LMP to be sufficient to provide for maintenance of the 1997 8-
hour ozone NAAQS in the Catawba Area over the second 10-year 
maintenance period, through 2032, and thereby satisfy the requirements 
for such a plan under CAA section 175A(b).

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. 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 action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law, this 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 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 March 28, 2022. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.


[[Page 3675]]


    Dated: January 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, 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. In Sec.  52.2120, amend the table in paragraph (e) by adding the 
entry ``1997 8-hour ozone Maintenance Plan for the Catawba Indian 
Nation portion of the bi-state Charlotte Area'' at the end of the table 
to read as follows:


Sec.  52.2120   Identification of plan.

* * * * *
    (e) * * *

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                                             State
               Provision                effective date      EPA approval date               Explanation
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                                                  * * * * * * *
1997 8-hour ozone Maintenance Plan for        7/7/2020  1/25/2022, [Insert         Applicable only to the
 the Catawba Indian Nation portion of                    citation of publication].  Catawba Indian Nation
 the bi-state Charlotte Area.                                                       Reservation portion within
                                                                                    the 1997 8-hour ozone
                                                                                    boundary in York County,
                                                                                    South Carolina (within the
                                                                                    Rock Hill-Fort Mill Area
                                                                                    Transportation Study
                                                                                    Metropolitan Planning
                                                                                    Organization Area).
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[FR Doc. 2022-01300 Filed 1-24-22; 8:45 am]
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