[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Rules and Regulations]
[Pages 50952-50953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17112]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-R04-OAR-2022-0408; FRL-9560-01-R4]


South Carolina; New Stationary Sources; Supplemental Delegation 
of Authority

AGENCY: Environmental Protection Agency (EPA)

ACTION: Notification.

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SUMMARY: On September 23, 2021, the South Carolina Department of Health 
and Environmental Control (SCDHEC or State agency) requested to change 
its delegation mechanism from ``adopt-by-reference'' to ``automatic'' 
for delegation of New Source Performance Standards (NSPS) under our 
regulations. The purpose of the State agency request for approval of 
the ``automatic'' delegation mechanism is to facilitate consistency 
with the State agency's ``automatic'' delegation mechanism for 
implementation and enforcement of National Emission Standards for 
Hazardous Air Pollutants rules. With this NSPS delegation mechanism in 
place, once a new or revised rule is promulgated by EPA, delegation of 
authority from EPA to the State agency

[[Page 50953]]

will become effective on the date the rule is promulgated. No further 
State requests for delegation will be necessary. Likewise, no further 
Federal Register notices will be published. EPA reserves the right to 
implement the federal NSPS directly and continues to retain concurrent 
enforcement authority. EPA is providing notice that it approved 
SCDHEC's request on January 17, 2022.

DATES: August 19, 2022.

ADDRESSES: Copies of the request to change the delegation mechanism 
from ``adopt-by-reference'' to ``automatic'' are available for public 
inspection during normal business hours at the following locations:
    Environmental Protection Agency, Region 4, Air and Radiation 
Division, Air Analysis and Support Branch, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303.
    South Carolina Department of Health and Environmental Control, 2600 
Bull Street, Columbia, South Carolina 29201-1708.
    Effective January 17, 2022, all requests, applications, reports, 
and other correspondence required by any NSPS should continue to be 
submitted to the following address: South Carolina Department of Health 
and Environmental Control, 2600 Bull Street, Columbia, South Carolina 
29201-1708.
    Although the EPA is not accepting comments regarding this document, 
Docket ID No. EPA-R04-OAR-2022-0408 at https://www.regulations.gov 
contains relevant information related to this information document.

FOR FURTHER INFORMATION CONTACT: Tracy Watson, Stationary Source Team, 
Communities and Air Toxics Section, Air Analysis and Support Branch, 
Air and Radiation Division, Environmental Protection Agency, Region 4, 
61 Forsyth St. SW, Atlanta, Georgia 30303, 404-562-8998. Email: 
[email protected]

SUPPLEMENTARY INFORMATION:

I. Background

    Section 301, in conjunction with sections 101 and 111(c)(1) of the 
Clean Air Act as amended November 15, 1990, authorizes EPA to delegate 
authority to implement and enforce the standards set out in 40 CFR part 
60, New Source Performance Standards (NSPS).
    The EPA first delegated the authority for implementation and 
enforcement of the NSPS program to the State of South Carolina on 
October 19, 1976. See 42 FR 4188. The EPA later approved SCDHEC's 
request to use the ``adopt-by-reference'' delegation mechanism for 
implementation and enforcement of the NSPS program in South Carolina on 
March 27, 2001. See 66 FR 16606.
    On September 23, 2021, the EPA received a letter from SCDHEC 
``requesting to receive automatic delegation as the delegation 
mechanism for 40 CFR part 60, Standards of Performance for New 
Stationary Sources (NSPS).'' SCDHEC's letter further explained that 
this updated delegation method would ``replace South Carolina's current 
NSPS delegation mechanism of adopt-by-reference.''

II. Update to Delegation Method

    After a thorough review of the request, the Regional Administrator 
has determined that the laws, rules, and regulations for the State 
agency provide an adequate and effective procedure for implementation 
and enforcement of the NSPS. The EPA, therefore, hereby notifies the 
public that it has approved the automatic delegation mechanism for 
delegation of the NSPS source categories. This approval became 
effective on January 17, 2022. A copy of the EPA's letter approving 
SCDHEC's request, with enclosures, is available at Docket ID No. EPA-
R04-OAR-2022-0408 at https://www.regulations.gov.

    Authority: This document is issued under the authority of 
sections 101, 111, and 301 of the Clean Air Act, as Amended (42 
U.S.C. 7401, 7411, and 7601).

    Dated: August 3, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-17112 Filed 8-18-22; 8:45 am]
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