
[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Rules and Regulations]
[Pages 75035-75037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30437]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0238; FRL-9762-6]


Approval and Promulgation of Implementation Plans; South Carolina 
110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 
Fine Particulate Matter National Ambient Air Quality Standards; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, correction.

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SUMMARY: EPA published in the Federal Register of August 1, 2012, a 
final rule approving the State Implementation Plan (SIP) submissions 
submitted by the State of South Carolina, through the South Carolina 
Department of Health and Environmental Control (SC DHEC), as 
demonstrating that the South Carolina SIP met certain requirements of 
the Clean Air Act (CAA or the Act) for the 1997 annual and 2006 24-hour 
fine particulate matter (PM2.5) national ambient air quality 
standards (NAAQS). This rulemaking corrects several errors identified 
in the August 1, 2012, final rule.

DATES: Effective on December 19, 2012.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9043. Mr. Lakeman can be reached via electronic mail at 
lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION: This action corrects inadvertent omissions 
in the August 1, 2012, final rulemaking and its associated regulatory 
text section. Specifically, EPA is correcting the final rule to 
expressly indicate that the South Carolina Code Annotated Sections 
described in the June 6, 2012, proposed rule are being incorporated 
into the South Carolina SIP.\1\ See 77 FR 33386. The August 1, 2012, 
final rule also failed to list these code sections in the regulatory 
text. Accordingly, this rulemaking corrects that inadvertent omission 
by adding S.C. Code Ann. Sections 8-13-100(31), 8-13-700(A) and (B), 
and 8-13-730 to the regulatory text of the August 1, 2012, final rule.
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    \1\ The sections adopted into the SIP are S.C. Code Ann. 
Sections 8-13-100(31); 8-13-700(A) and (B); and 8-13-730. These 
sections were adopted into the SIP to satisfy CAA section 128 state 
board requirements made applicable to South Carolina's 
infrastructure SIP by section 110(a)(2)(E)(ii) of the CAA. See EPA's 
June 6, 2012, proposed rulemaking for more information as to how 
these statutes meet the applicable CAA section 128 requirements. 77 
FR 33380, 33386.
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    In addition, EPA is correcting the footnote on page 45492 of the 
final rule which inadvertently listed ``April 13, 2012,'' as the date 
of South Carolina's SIP revision. The correct date for South Carolina's 
SIP revision is April 3, 2012. Through today's notice, EPA is hereby 
correcting the footnote on page 45492 of the August 1, 2012, final rule 
to reflect the correct date.
    Finally, EPA is correcting the statement on page 45493 of the 
August 1, 2012, final rule that stated ``[t]oday's action is not 
approving any specific rule, but rather making a determination that 
South Carolina's already approved SIP meets certain CAA requirements.'' 
Today's rule removes this sentence from the August 1, 2012, final rule 
and replaces it with a sentence that reads: ``EPA is making a 
determination that South Carolina's SIP meets certain CAA 
requirements.'' See 77 FR 45492.
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary, or contrary to the 
public interest. Public notice and comment for this action is 
unnecessary because today's action to correct an inadvertent regulatory 
text omission included with EPA's August 1, 2012, final rule is 
consistent with the substantive revisions to the South Carolina SIP 
described in the proposal to approve certain state statues into the 
South Carolina SIP as addressing the section 110(a)(2)(E)(ii) state 
board requirements for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. In addition, EPA can identify no particular 
reason why the public would be interested in being notified of the 
correction, or in having the opportunity to comment on the correction 
prior to this action being finalized, since this correction action does 
not change the meaning of EPA's analysis or action to approve certain 
state statues as addressing the state board requirements for the 1997 
annual and 2006 24-hour PM2.5 NAAQS into the South Carolina 
SIP. EPA also finds that there is good cause under APA section 
553(d)(3) for this correction to become effective on the date of 
publication of this action. Section 553(d)(3) of the APA allows an 
effective date less than 30 days after publication ``as otherwise 
provided by

[[Page 75036]]

the agency for good cause found and published with the rule.'' 5 U.S.C. 
553(d)(3). The purpose of the 30-day waiting period prescribed in APA 
section 553(d)(3) is to give affected parties a reasonable time to 
adjust their behavior and prepare before the final rule takes effect. 
Today's rule, however, does not create any new regulatory requirements 
such that affected parties would need time to prepare before the rule 
takes effect. Rather, today's action merely corrects an inadvertent 
omission for the regulatory text of a prior rulemaking by listing these 
state statues in the regulatory text for the South Carolina SIP. For 
these reasons, EPA finds good cause under APA section 553(d)(3) for 
this correction to become effective on the date of publication of this 
action.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely corrects an inadvertent omission for the regulatory text of 
EPA's August 1, 2012, final rule to approve certain state statues as 
addressing the state board requirements for the 1997 annual and 2006 
24-hour PM2.5 NAAQS into the South Carolina SIP, and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule merely corrects an inadvertent omission for the regulatory 
text of EPA's August 1, 2012, final rule to approve certain state 
statues as addressing the state board requirements for the 1997 annual 
and 2006 24-hour PM2.5 NAAQS into the South Carolina SIP, 
and does not impose any additional enforceable duty beyond that 
required by state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This rule also does not have Federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This rule merely corrects an inadvertent 
omission for the regulatory text of EPA's August 1, 2012, final rule to 
approve certain state statues as addressing the state board 
requirements for the 1997 annual and 2006 24-hour PM2.5 
NAAQS into the South Carolina SIP, and does not alter the relationship 
or the distribution of power and responsibilities established in the 
CAA. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant. In addition, this rule does not involve technical 
standards, thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. This rule also does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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 
rule 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 February 19, 2013.
    Filing a petition for reconsideration by the Administrator of this 
final rule does not affect the finality of this rule 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 CAA section 
307(b)(2).

    Dated: December 7, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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 adding by adding in numerical 
order a new entry for ``Ethics Reform Act'' at the end of the table to 
read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
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                                                                                                      Federal
            State citation                    Title/subject            State       EPA approval      Register
                                                                  effective date       date           notice
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                                                  * * * * * * *
S.C. Code Ann.........................  Ethics Reform Act.......  ..............  ..............  ..............
Section 8-13-100(31)..................  Definitions.............        1/1/1992        8/1/2012     77 FR 45492
Section 8-13-700(A) and (B)...........  Use of official position        1/1/1992        8/1/2012     77 FR 45492
                                         or office for financial
                                         gain; disclosure of
                                         potential conflict of
                                         interest.

[[Page 75037]]

 
Section 8-13-730......................  Membership on or                1/1/1992        8/1/2012     77 FR 45492
                                         employment by
                                         regulatory agency of
                                         person associated with
                                         regulated business.
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[FR Doc. 2012-30437 Filed 12-18-12; 8:45 am]
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