[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54104-54106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21047]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0676; FRL-8968-02-R4]


Air Plan Approval; South Carolina; Updates to Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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), on April 24, 2020. The SIP revision 
approves a non-substantive formatting change and the removal of an 
outdated sentence regarding test methods for gaseous fluorides from 
South Carolina's ambient air quality standards regulation. 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 1, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0676. 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 
febres-martinez.andres@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Through a letter dated April 24, 2020, SC DHEC requested approval 
of two changes to South Carolina's SIP-approved Regulation 61-62.5, 
Standard No. 2--Ambient Air Quality Standards. First, SC DHEC updates 
the formatting of references to the Code of Federal Regulations (CFR) 
by adding the word ``Part'' to CFR references in this regulation. This 
is a non-substantive, ministerial change. Second, SC DHEC removes a 
sentence referencing test methods for gaseous fluorides from this 
regulation.
    On June 29, 2017 (82 FR 29414), EPA approved the removal of 
standards applicable to gaseous fluorides (as hydrogen flouride) from 
South Carolina's SIP-approved Regulation 61-62.5, Standard No. 2--
Ambient Air Quality Standards. However, EPA's June 29, 2017, action did 
not remove the related language describing testing standards for 
gaseous fluorides that was contained in this same regulation.
    In a notice of proposed rulemaking (NPRM) published on May 27, 2021 
(86 FR 28519), EPA proposed to approve the aforementioned changes to 
the South Carolina SIP. Comments on the May 27, 2021, NPRM were due on 
or before June 28, 2021. EPA did not receive any comments on the May 
27, 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 61-62.5, Standard No. 2--Ambient Air Quality 
Standards,'' State effective 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, the revised materials, 
as stated above, have been approved by EPA for inclusion in the SIP, 
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.\1\
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    \1\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is finalizing approval of South Carolina's SIP revision to 
Regulation 61-62.5, Standard No. 2--Ambient Air Quality Standards, with 
a State effective date of April 24, 2020. Through this

[[Page 54105]]

final action, EPA is incorporating those revisions into the SIP. EPA 
has determined that the April 24, 2020, SIP revision meets the 
applicable requirements of sections 110 of the CAA and 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).
    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 November 29, 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 CAA section 307(b)(2).
    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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: September 22, 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. In Sec.  52.2120, amend the table in paragraph (c) by revising the 
entry for ``Standard No. 2'' 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. 2....................  Ambient Air Quality         4/24/2020  9/30/2021, [Insert
                                     Standards.                             citation of
                                                                            publication].
 
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[FR Doc. 2021-21047 Filed 9-29-21; 8:45 am]
BILLING CODE 6560-50-P


