[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3673-3675]
[FR Doc No: 2022-01300]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0677; FRL-9276-02-R4]

Air Plan Approval; South Carolina; Catawba Indian Nation Portion
of the Charlotte-Gastonia-Rock Hill Area Limited Maintenance Plan for
the 1997 8-Hour Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to a approve state implementation plan (SIP) revision submitted
by the State of South Carolina, through the Department of Health and
Environmental Control (DHEC), via a letter dated July 7, 2020. The SIP
revision includes the 1997 8-hour ozone national ambient air quality
standards (NAAQS) Limited Maintenance Plan (LMP) for the Catawba Indian
Nation portion (hereinafter referred to as the Catawba Area) of the
Charlotte-Gastonia-Rock Hill NC-SC 1997 8-hour ozone maintenance area
(hereinafter referred to as the Charlotte NC-SC 1997 8-hour NAAQS
Area). The Charlotte NC-SC 1997 8-hour NAAQS Area is comprised of
Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Union, and a portion of
Iredell County (i.e., Davidson and Coddle Creek Townships) in North
Carolina and a portion of York County, South Carolina, which includes
the Catawba Area. EPA is finalizing approval of the Catawba Area LMP
because it provides for the maintenance of the 1997 8-hour ozone NAAQS
within the Catawba Area through the end of the second 10-year portion
of the maintenance period. The effect of this action would be to make
certain commitments related to maintenance of the 1997 8-hour ozone
NAAQS in the Catawba Area federally enforceable as part of the South
Carolina SIP.

DATES: This rule is effective February 24, 2022.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0677. 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: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9029. Ms. Spann can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Clean Air Act (CAA or Act), EPA is approving
the Catawba Area LMP for the 1997 8-hour ozone NAAQS, adopted by DHEC
on July 7, 2020, and submitted by DHEC as a revision to the South
Carolina SIP under a letter dated July 7, 2020.\1\ In 2004, the
Charlotte NC-SC 1997 8-hour NAAQS Area, which includes the Catawba
Area, was designated as nonattainment for the 1997 8-hour ozone NAAQS.
Subsequently, in 2012, after a clean data determination \2\ and EPA's
approval of a maintenance plan, the South Carolina portion of the
Charlotte NC-SC 1997 8-hour NAAQS

Area, which includes the Catawba Area, was redesignated to attainment
for the 1997 8-hour ozone NAAQS.
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    \1\ EPA received the SIP submission on July 10, 2020.
    \2\ See 77 FR 13493 (March 7, 2012).
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    The Catawba Area LMP is designed to maintain the 1997 8-hour ozone
NAAQS within the Catawba Area through the end of the second 10-year
portion of the maintenance period beyond redesignation. As a general
matter, the Catawba Area LMP relies on the same control measures and
relevant contingency provisions to maintain the 1997 8-hour ozone NAAQS
during the second 10-year portion of the maintenance period as the
maintenance plan submitted by DHEC for the first 10-year period.
    In a notice of proposed rulemaking (NPRM), published on November
26, 2021 (86 FR 67402), EPA proposed to approve the Catawba Area LMP
because the State made a showing, consistent with EPA's prior LMP
guidance, that the Charlotte NC-SC 1997 8-hour NAAQS Area's ozone
concentrations are well below the 1997 8-hour ozone NAAQS and have been
historically stable and that it met the other maintenance plan
requirements. The details of South Carolina's submission and the
rationale for EPA's action are explained in the November 26, 2021,
NPRM. Comments on the November 26, 2021, NPRM were due on or before
December 27, 2021. EPA did not receive any comments on the November 26,
2021, NPRM.

II. Final Action

    EPA is taking final action to approve the Catawba Area LMP for the
1997 8-hour ozone NAAQS, submitted by DHEC on July 7, 2020, as a
revision to the South Carolina SIP.
    EPA is approving the Catawba Area LMP because it includes an
acceptable update of various elements of the 1997 8-hour ozone NAAQS
Maintenance Plan approved by EPA for the first 10-year period and
retains the relevant provisions of the SIP. EPA also finds that the
Catawba Area qualifies for the LMP option and that therefore the
Catawba Area LMP adequately demonstrates maintenance of the 1997 8-hour
ozone NAAQS through documentation of monitoring data showing maximum
1997 8-hour ozone levels well below the NAAQS and continuation of
existing control measures. EPA believes the Catawba Area's 1997 8-Hour
Ozone LMP to be sufficient to provide for maintenance of the 1997 8-
hour ozone NAAQS in the Catawba Area over the second 10-year
maintenance period, through 2032, and thereby satisfy the requirements
for such a plan under CAA section 175A(b).

III. 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).
    Because this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law, this action 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.
    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 March 28, 2022. 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 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: January 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, 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 (e) by adding the
entry ``1997 8-hour ozone Maintenance Plan for the Catawba Indian
Nation portion of the bi-state Charlotte Area'' at the end of the table
to read as follows:

Sec.  52.2120   Identification of plan.

* * * * *
    (e) * * *

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                                             State
               Provision                effective date      EPA approval date               Explanation
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                                                  * * * * * * *
1997 8-hour ozone Maintenance Plan for        7/7/2020  1/25/2022, [Insert         Applicable only to the
 the Catawba Indian Nation portion of                    citation of publication].  Catawba Indian Nation
 the bi-state Charlotte Area.                                                       Reservation portion within
                                                                                the 1997 8-hour ozone
                                                                                boundary in York County,
                                                                                South Carolina (within the
                                                                                Rock Hill-Fort Mill Area
                                                                                Transportation Study
                                                                                Metropolitan Planning
                                                                                Organization Area).
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[FR Doc. 2022-01300 Filed 1-24-22; 8:45 am]
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