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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules 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:
Tiereny Bell, 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
9088. Ms. Bell can also be reached via electronic mail at bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is EPA proposing?
On April 24, 2020, SC DHEC
submitted a SIP revision to EPA for approval that includes changes to South Carolina Regulation 6162.1, Section I
Definitions, including a revised definition of Spec. Oil Specification Oil and updates to numbering and formatting within this regulation.1 EPA
is proposing to approve these changes pursuant to the CAA.

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II. Background SC DHEC has requested incorporation of several changes to South Carolina Regulation 6162.1, Section I
Definitions into South Carolinas SIP.
First, SC DHECs SIP revision proposes minor updates to numbering and formatting within South Carolina Regulation 6162.1, Section I
Definitions.
Second, SC DHEC proposes to revise the definition of Spec. Oil Specification Oil at Paragraph 97a within the definition of Used Oil.
Specifically, the revised definition of Spec. Oil would remove the phrase Nickel120 ppm parts per million 1 On April 24, 2020, SC DHEC also submitted to EPA SIP revisions to Regulations 6162.1, Section IIPermit Requirements; 6162.1, Section III
Emission Inventory and Emissions Statement; 61
62.1, Section IVSource Tests; 6162.1, Section VCredible Emissions; 6162.5, Standard No. 2
Ambient Air Quality Standards; 6162.5, Standard 5.2Control of Oxides of Nitrogen NOX; 6162.5, Standard 7Prevention of Significant Deterioration;
and 6162.5, Standard 7.1Nonattainment New Source Review NSR. EPA will address these SIP
revisions in separate actions.

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maximum, thus eliminating the nickel specification for Spec. Oil. In the South Carolina SIPs definition of Used Oil, Spec. Oil and Non-Spec. Oil 2
are listed as two 2 types of used oil. Notably, the terms Spec. Oil and Specification Oil do not currently appear anywhere else in South Carolinas SIP outside of the definition of Used Oil.
SC DHEC has indicated that the purpose of its requested change to the definition of Spec. Oil in South Carolina Regulation 6162.1, Section I
Definitions is to maintain a consistent definition of spec. oil across South Carolinas various regulatory programs.
Specifications for spec. oil are also contained in 40 CFR 279.11 and in South Carolina Rule 61107.279.11, both of which implement the used oil provisions of the Resource Conservation and Recovery Act RCRA, 42 U.S.C.
6901 et seq. Neither 40 CFR 279.11 nor South Carolina Rule 61107.279.11
include a specification for nickel in those regulations respective used oil specifications and, therefore, South Carolinas proposed SIP revision would make the definition of Spec. Oil in South Carolina Regulation 6162.1, Section IDefinitions consistent with the used oil specifications in these other regulations.
III. Analysis of States Submittal As mentioned above, the April 24, 2020, SIP revision includes a change to the definition of Spec. Oil Specification Oil within the definition of Used Oil in South Carolina Regulation 6162.1, Section I
Definitions. Because this change would remove the specification for nickel in Spec. Oil, it would allow unlimited nickel content in Spec. Oil.
Under section 110l of the CAA, EPA
cannot approve a SIP revision if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress as defined in section 7501 of this title, or any other applicable requirement of this chapter. EPA finds that SC DHECs proposed updated definition of Spec. Oil, which removes the specification for nickel in Spec. Oil, is approvable under section 110l for two reasons. First, this proposed revision will not interfere with the NAAQS or any other CAA
requirement because the revision has no practical effect. Spec. Oil does not appear anywhere in South Carolinas 2 Non-Spec. Oil Off Spec Oil is defined as used oil that does not meet the specification above. S.C. Code Regs. 6162.1 I 97b.
Therefore, used oil that does not meet the definition of Spec. Oil is still considered Used Oil. Id.

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SIP other than in the definition of Used Oil itself; the definition of Used Oil describes Spec. Oil as just one of two 2 types of used oil; and oil that would not meet the definition of Spec. Oil in the current SIP-approved version of the rule due solely to nickel concentrations above 120 ppm would be still be considered Used Oil under the regulation.3 Thus, although the term Used Oil appears elsewhere in South Carolinas SIP such as in the definitions of Waste and Municipal Solid Waste, changing the definition of Spec. Oil will have no practical effect, and therefore, satisfies section 110l.4
Second, SC DHECs proposed removal of the nickel specification from the definition of Spec. Oil is not inconsistent with CAA section 129
relating to solid waste combustion and is consistent with interrelated solid waste rules codified at 40 CFR parts 241
and 279.5 The referenced solid waste rules generally relate to the status of used oil when used oil is burned for energy recovery. More specifically, under 40 CFR 241.2, used oil which meets the specifications outlined in 40
CFR 279.11 are ttraditional fuels and are therefore not solid waste subject to the requirements of CAA section 129.
See generally 76 FR 15456, 1550206
March 21, 2011. South Carolinas revised definition of Spec. Oil is consistent with these solid waste rules and, specifically, is consistent with the specifications for used oil in 40 CFR
279.11, which does not include a nickel specification. Thus, South Carolinas proposed rule will not interfere with section 129 of the CAA or any plan promulgated under section 129 of the CAA.
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 6162.1, Definitions and General Requirements, Section IDefinitions, state effective on 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 3 See
footnote 2.
South Carolina is currently attaining the NAAQS for all criteria pollutants.
5 These rules are interrelated because CAA
Section 129 specifically references the Solid Waste Disposal Act 42 U.S.C. 6901 et seq., including the definition of solid waste promulgated pursuant to that act. See CAA 129g6.
4 Additionally,
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