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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Proposed Rules
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 12d 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 Clean Air Act;
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.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 65
FR 67249, November 9, 2000.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 22, 2021.
Deborah Szaro, Acting Regional Administrator, EPA Region 1.
FR Doc. 202116116 Filed 72821; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR04OAR20200524; FRL876201
R4

Air Plan Approval; South Carolina;
2018 General Assembly New Source Review Update Environmental Protection Agency EPA.
ACTION: Proposed rule.
jbell on DSKJLSW7X2PROD with PROPOSALS

AGENCY:

The Environmental Protection Agency EPA is proposing to approve State Implementation Plan SIP
revisions submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control SCDHEC or Department, on April 24, 2020. The SIP

SUMMARY:

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revisions update the States Prevention of Significant Deterioration PSD and Nonattainment New Source Review NNSR regulations. Specifically, the SIP revisions add and update several definitions for consistency with the Federal regulations, update public participation requirements for PSD, clarify the applicability of source impact analysis for PSD, add an emissions offset banking provision for NNSR, and make administrative updates, such as typographical corrections and renumbering. Finally, the changes incorporate language that addresses the public notice rule provisions for NNSR, which removes the mandatory requirements to provide public notice in a newspaper and instead allows for electronic notice enotice as an alternate noticing option for the State. EPA is proposing to approve these revisions pursuant to the Clean Air Act CAA or Act and implementing Federal regulations.
DATES: Comments must be received on or before August 30, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR04
OAR20200524 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/commentingepa-dockets.
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 303038960.
The telephone number is 404 562
8966. Mr. Febres can also be reached via electronic mail at febresmartinez.andres@epa.gov.

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SUPPLEMENTARY INFORMATION:

I. What is EPA proposing?
On April 24, 2020, SDHEC submitted SIP revisions to EPA for approval that include changes to South Carolinas major source New Source Review NSR
permitting regulations to make them more closely align with Federal requirements for PSD and NNSR
permitting; correct typographical errors;
and update internal references, including renumbering throughout both regulations. Specifically, these changes update South Carolina Regulation 61
62.5, Standard No. 7Prevention of Significant Deterioration and Standard No. 7.1Nonattainment New Source Review.1 In addition to the changes above, the SIP revisions include an update to the public noticing procedures for South Carolinas NNSR
regulations. The public notice requirement updates address the Federal rule entitled Revisions to Public Notice Provisions in Clean Air Act Permitting Programs, also referred to as the e-Notice Rule that was finalized in 2016. See 81 FR 71613
October 18, 2016.2
With certain exceptions described in Section III below, EPA is proposing to approve the changes submitted by South Carolina on April 24, 2020, which modify the States PSD and NNSR
programs, as meeting the requirements of the Federal NSR program and being consistent with the CAA.
II. Background This proposed action seeks to revise South Carolinas PSD and NNSR
regulations in the federally-approved SIP. Many of these changes are administrative in nature, including updating internal references and correcting typographical errors, but they do include the adoption of several definitions currently in the Federal NSR
regulations, update public participation requirements for PSD, clarify the applicability of source impact 1 On April 24, 2020, SDHEC also submitted to EPA SIP revisions to Regulations 6162.1, Section IDefinitions; 6162.1, Section IIPermit Requirements; 6162.1, Section IIIEmission Inventory and Emissions Statement; 6162.1, Section IVSource Tests; 6162.1, Section V
Credible Emissions; 6162.5, Standard No. 2
Ambient Air Quality Standards; and 6162.5, Standard 5.2Control of Oxides of Nitrogen NOX.
EPA will address these SIP revisions in separate actions.
2 EPA previously approved e-notice provisions for South Carolinas PSD program. See 83 FR 64285
December 14, 2018. Although the e-notice provisions in the States NNSR program are being proposed for incorporation into the SIP for the first time, the April 24, 2020, SIP revisions also include updates to the already SIP-approved e-notice provisions in South Carolinas SIP-approved PSD
program.

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