[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Rules and Regulations]
[Pages 75035-75037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30437]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0238; FRL-9762-6]
Approval and Promulgation of Implementation Plans; South Carolina
110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006
Fine Particulate Matter National Ambient Air Quality Standards;
Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule, correction.
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SUMMARY: EPA published in the Federal Register of August 1, 2012, a
final rule approving the State Implementation Plan (SIP) submissions
submitted by the State of South Carolina, through the South Carolina
Department of Health and Environmental Control (SC DHEC), as
demonstrating that the South Carolina SIP met certain requirements of
the Clean Air Act (CAA or the Act) for the 1997 annual and 2006 24-hour
fine particulate matter (PM2.5) national ambient air quality
standards (NAAQS). This rulemaking corrects several errors identified
in the August 1, 2012, final rule.
DATES: Effective on December 19, 2012.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: This action corrects inadvertent omissions
in the August 1, 2012, final rulemaking and its associated regulatory
text section. Specifically, EPA is correcting the final rule to
expressly indicate that the South Carolina Code Annotated Sections
described in the June 6, 2012, proposed rule are being incorporated
into the South Carolina SIP.\1\ See 77 FR 33386. The August 1, 2012,
final rule also failed to list these code sections in the regulatory
text. Accordingly, this rulemaking corrects that inadvertent omission
by adding S.C. Code Ann. Sections 8-13-100(31), 8-13-700(A) and (B),
and 8-13-730 to the regulatory text of the August 1, 2012, final rule.
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\1\ The sections adopted into the SIP are S.C. Code Ann.
Sections 8-13-100(31); 8-13-700(A) and (B); and 8-13-730. These
sections were adopted into the SIP to satisfy CAA section 128 state
board requirements made applicable to South Carolina's
infrastructure SIP by section 110(a)(2)(E)(ii) of the CAA. See EPA's
June 6, 2012, proposed rulemaking for more information as to how
these statutes meet the applicable CAA section 128 requirements. 77
FR 33380, 33386.
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In addition, EPA is correcting the footnote on page 45492 of the
final rule which inadvertently listed ``April 13, 2012,'' as the date
of South Carolina's SIP revision. The correct date for South Carolina's
SIP revision is April 3, 2012. Through today's notice, EPA is hereby
correcting the footnote on page 45492 of the August 1, 2012, final rule
to reflect the correct date.
Finally, EPA is correcting the statement on page 45493 of the
August 1, 2012, final rule that stated ``[t]oday's action is not
approving any specific rule, but rather making a determination that
South Carolina's already approved SIP meets certain CAA requirements.''
Today's rule removes this sentence from the August 1, 2012, final rule
and replaces it with a sentence that reads: ``EPA is making a
determination that South Carolina's SIP meets certain CAA
requirements.'' See 77 FR 45492.
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action is
unnecessary because today's action to correct an inadvertent regulatory
text omission included with EPA's August 1, 2012, final rule is
consistent with the substantive revisions to the South Carolina SIP
described in the proposal to approve certain state statues into the
South Carolina SIP as addressing the section 110(a)(2)(E)(ii) state
board requirements for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. In addition, EPA can identify no particular
reason why the public would be interested in being notified of the
correction, or in having the opportunity to comment on the correction
prior to this action being finalized, since this correction action does
not change the meaning of EPA's analysis or action to approve certain
state statues as addressing the state board requirements for the 1997
annual and 2006 24-hour PM2.5 NAAQS into the South Carolina
SIP. EPA also finds that there is good cause under APA section
553(d)(3) for this correction to become effective on the date of
publication of this action. Section 553(d)(3) of the APA allows an
effective date less than 30 days after publication ``as otherwise
provided by
[[Page 75036]]
the agency for good cause found and published with the rule.'' 5 U.S.C.
553(d)(3). The purpose of the 30-day waiting period prescribed in APA
section 553(d)(3) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
Today's rule, however, does not create any new regulatory requirements
such that affected parties would need time to prepare before the rule
takes effect. Rather, today's action merely corrects an inadvertent
omission for the regulatory text of a prior rulemaking by listing these
state statues in the regulatory text for the South Carolina SIP. For
these reasons, EPA finds good cause under APA section 553(d)(3) for
this correction to become effective on the date of publication of this
action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely corrects an inadvertent omission for the regulatory text of
EPA's August 1, 2012, final rule to approve certain state statues as
addressing the state board requirements for the 1997 annual and 2006
24-hour PM2.5 NAAQS into the South Carolina SIP, and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule merely corrects an inadvertent omission for the regulatory
text of EPA's August 1, 2012, final rule to approve certain state
statues as addressing the state board requirements for the 1997 annual
and 2006 24-hour PM2.5 NAAQS into the South Carolina SIP,
and does not impose any additional enforceable duty beyond that
required by state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This rule also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This rule merely corrects an inadvertent
omission for the regulatory text of EPA's August 1, 2012, final rule to
approve certain state statues as addressing the state board
requirements for the 1997 annual and 2006 24-hour PM2.5
NAAQS into the South Carolina SIP, and does not alter the relationship
or the distribution of power and responsibilities established in the
CAA. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant. In addition, this rule does not involve technical
standards, thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This rule also does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 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
rule 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 February 19, 2013.
Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of this rule 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 CAA section
307(b)(2).
Dated: December 7, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. Section 52.2120(c), is amended by adding by adding in numerical
order a new entry for ``Ethics Reform Act'' at the end of the table to
read as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
Air Pollution Control Regulations for South Carolina
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Federal
State citation Title/subject State EPA approval Register
effective date date notice
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* * * * * * *
S.C. Code Ann......................... Ethics Reform Act....... .............. .............. ..............
Section 8-13-100(31).................. Definitions............. 1/1/1992 8/1/2012 77 FR 45492
Section 8-13-700(A) and (B)........... Use of official position 1/1/1992 8/1/2012 77 FR 45492
or office for financial
gain; disclosure of
potential conflict of
interest.
[[Page 75037]]
Section 8-13-730...................... Membership on or 1/1/1992 8/1/2012 77 FR 45492
employment by
regulatory agency of
person associated with
regulated business.
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[FR Doc. 2012-30437 Filed 12-18-12; 8:45 am]
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