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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Proposed Rules
Additionally, Section H, Interpollutant offsetting, contains vacated language from the December 6, 2018, rule Implementation of the 2015
National Ambient Air Quality Standards for Ozone: Nonattainment Area State Implementation Plan Requirements 2018 Implementation Rule.12 The Federal interpollutant offsetting provisions found at 40 CFR
51.165a11, as well as Appendix S to Part 51 at paragraph IV.G.5, were vacated by the United States Court of Appeals for the District of Columbia Circuit D.C. Circuit through a January 29, 2021, court decision. See Sierra Club v. EPA, 985 F.3d 1055 D.C. Cir. 2021.
Accordingly, on June 22, 2021, the EPA
Administrator signed a final rule that, among other changes, removes the language allowing interprecursor trading for ozone and restoring the language in the NNSR regulations to the form it was in after the EPAs 2008
PM2.5 implementation rule.13 As a result, South Carolina withdrew its request that EPA incorporate Section H
into the SIP through a withdrawal letter dated April 20, 2021.14
For the reasons discussed above, EPA
is not proposing to incorporate Section H into the South Carolina SIP, and is proposing to incorporate only the addition of Section I, Banking of emissions offsets, with the caveat that this does not create an offset banking and trading program in the States SIP.
In order for South Carolina to have an offsets banking and trading program in the SIP, the State must adopt a full banking and trading rule that covers everything necessary for the program to operate correctly and EPA must incorporate that rule into the SIP.
Finally, under Section M, Public participation, South Carolina adds enotice provisions for its NNSR program.
Originally found in paragraph d7iv, the public notice requirements are renumbered to M2d and revised to incorporate EPAs amendments to the Federal public notice requirements discussed in Section II of this rulemaking. Specifically, South Carolinas April 24, 2020, SIP revisions for Standard No. 7.1 identify website publication on a public website identified by the Department as the consistent noticing method for draft permits subject to public notice under its NNSR program. South Carolinas enotice provisions for NNSR note that other noticing methods, such as 12 See
83 FR 62998.
final rule is available at https
www.epa.gov/nsr/final-error-corrections-rule.
14 The April 20, 2021, withdrawal letter can be found in the docket for this proposed rulemaking.
13 The
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newspapers, may be used in addition but not as a substitute to website publication. South Carolina also includes a cross-reference to the new enotice provisions of Section M under the States PALs provisions for NNSR to maintain the consistent e-noticing method of public participation throughout its NNSR regulations. The updated language can be found under Section N of Standard No. 7.1, in paragraph N5. EPA believes that the April 24, 2020, SIP revisions meet all the requirements of the revised Federal e-notice provisions in regards to the States NNSR regulations, and EPA is proposing to incorporate these changes into South Carolinas SIP.
All other changes for Standard No. 7.1
included in the April 24, 2020, SIP
revisions are administrative in nature.15
Except for the parts of subparagraphs A10t and B22cxx noted above, as they relate to the Ethanol Rule Provisions of the Federal NNSR
regulations, and Section H, as it relates to the Interpollutant Offsetting, all other changes to Standard No. 7.1 submitted through South Carolinas April 24, 2020
SIP revisions are being proposed for incorporation into the States implementation plan.
IV. 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 Carolinas Regulation 6162.5, Standards No. 7Prevention of Significant Deterioration, and Standard No. 7.1Nonattainment New Source Review, both state effective on April 24, 2020, with the exception of paragraph H, and a portion of paragraphs A10t, and B22cxx, from Regulation 6162.5, Standard No. 7.1, as discussed above. 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.
V. Proposed Action As described above, EPA is proposing to approve, with some exceptions, the changes to the South Carolina Regulation 6162.5, Standards No. 7
Prevention of Significant Deterioration, 15 A description of each of these changes to Standard No. 7.1 begins on page 357/500 of the April 24, 2020, submittal PDF. The submittal can be found in the docket for this proposed rulemaking.

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and Standard No. 7.1Nonattainment New Source Review. These changes were submitted by South Carolina on April 24, 2020.
VI. 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided that they meet the criteria of the CAA. This 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. 1044;
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 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 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 action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those
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