[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Proposed Rules]
[Pages 12902-12904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04832]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0445; FRL-9621-01-R4]


Air Plan Approval; SC; 2018 General Assembly Miscellaneous 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a portion 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 numbering and 
formatting of South Carolina's regulations applicable to emissions 
inventories, emissions statements, and

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credible evidence. 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 April 7, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0445 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 changes to South Carolina Regulation 61-62.1--
Definitions and General Requirements. In this notice, EPA is proposing 
to incorporate into South Carolina's SIP updates to Section III--
Emissions Inventory and Emissions Statements and Section V--Credible 
Evidence of South Carolina Regulation 61-62.1.1 \1\ EPA is proposing to 
approve these changes because they meet the requirements of and are 
consistent with the CAA.
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    \1\ The April 24, 2020, submittal from SC DHEC includes other 
updates and revisions as well. EPA previously acted on Section 1--
Definitions of South Carolina Regulation 61-62.1. See 86 FR 59641 
(October 28, 2021). EPA has not taken action on Section II--Permit 
Requirements and Section IV--Source Tests of the South Carolina 
Regulation 61-62.1. EPA will address these other provisions in 
separate action.
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II. Analysis of State's Submittal

    As mentioned above, the April 24, 2020, SIP revision includes 
changes to Section III--Emissions Inventory and Emissions Statements 
and Section V--Credible Evidence of South Carolina Regulation 61-62.1. 
These changes update numbering and citation formatting within these 
regulations (e.g., citations to the Code of Federal Regulations now 
include the word ``Part''). These changes are non-substantive in 
nature.

III. 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 the requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference South Carolina's Regulation 61-62.1, Section III--Emissions 
Inventory and Emissions Statements and Section V- Credible Evidence, 
both of which are 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).

IV. Proposed Action

    EPA is proposing to approve and incorporate into South Carolina's 
SIP the aforementioned changes to South Carolina Regulation 61-62.1, 
Section III--Emissions Inventory and Emissions Statements and Section 
V--Credible Evidence, state effective on April 24, 2020. EPA has 
preliminarily determined that these changes meet the applicable 
requirements of section 110 of the CAA and the applicable regulatory 
requirements at 40 CFR part 51.

V. 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 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 action merely proposes to approve 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 proposed 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 are fully enforceable by all relevant state and local agencies and 
authorities.'' The CIN also retains authority to impose regulations 
applying higher environmental

[[Page 12904]]

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.

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

    Dated: February 28, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-04832 Filed 3-7-22; 8:45 am]
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