83_FR_25496 83 FR 25390 - Air Plan Approval and Air Quality Designation; SC; Redesignation of the Greenville-Spartanburg Unclassifiable Area

83 FR 25390 - Air Plan Approval and Air Quality Designation; SC; Redesignation of the Greenville-Spartanburg Unclassifiable Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 106 (June 1, 2018)

Page Range25390-25392
FR Document2018-11833

On January 22, 2018, the State of South Carolina, through the Department of Health and Environmental Control (DHEC), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Greenville-Spartanburg, South Carolina fine particulate matter (PM<INF>2.5</INF>) unclassifiable area (hereinafter referred to as the ``Greenville Area'' or ``Area'') to unclassifiable/attainment for the 1997 primary and secondary annual PM<INF>2.5</INF> national ambient air quality standards (NAAQS). The Greenville Area is comprised of Anderson, Greenville, and Spartanburg Counties in South Carolina. EPA is approving the State's request and redesignating the Area to unclassifiable/attainment for the 1997 primary and secondary annual PM<INF>2.5</INF> NAAQS based upon valid, quality-assured, and certified ambient air monitoring data showing that the PM<INF>2.5</INF> monitors in the Area are in compliance with the 1997 primary and secondary annual PM<INF>2.5</INF> NAAQS.

Federal Register, Volume 83 Issue 106 (Friday, June 1, 2018)
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25390-25392]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11833]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R04-OAR-2018-0017; FRL-9978-93-Region 4]


Air Plan Approval and Air Quality Designation; SC; Redesignation 
of the Greenville-Spartanburg Unclassifiable Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On January 22, 2018, the State of South Carolina, through the 
Department of Health and Environmental Control (DHEC), submitted a 
request for the Environmental Protection Agency (EPA) to redesignate 
the Greenville-Spartanburg, South Carolina fine particulate matter 
(PM2.5) unclassifiable area (hereinafter referred to as the 
``Greenville Area'' or ``Area'') to unclassifiable/attainment for the 
1997 primary and secondary annual PM2.5 national ambient air 
quality standards (NAAQS). The Greenville Area is comprised of 
Anderson, Greenville, and Spartanburg Counties in South Carolina. EPA 
is approving the State's request and redesignating the Area to 
unclassifiable/attainment for the 1997 primary and secondary annual 
PM2.5 NAAQS based upon valid, quality-assured, and certified 
ambient air monitoring data showing that the PM2.5 monitors 
in the Area are in compliance with the 1997 primary and secondary 
annual PM2.5 NAAQS.

DATES: This rule will be effective July 2, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0017. 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, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency,

[[Page 25391]]

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: Madolyn Sanchez, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. Ms. Sanchez can be reached by telephone at (404) 562-9644 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 18, 1997 (62 FR 38652), EPA revised the NAAQS for 
particulate matter to add new standards for PM2.5 (annual 
and 24-hour). The primary and secondary annual standards were each set 
at a level of 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 
3-year average of annual mean PM2.5 concentrations. The 
primary and secondary 24-hour standards were each set at a level of 65 
[mu]g/m\3\, based on a 3-year average of the 98th percentile of 24-hour 
concentrations. EPA established the standards based on significant 
evidence and numerous health studies demonstrating that serious health 
effects are associated with exposures to particulate matter.
    The process for designating areas following promulgation of a new 
or revised NAAQS is contained in section 107(d)(1) of the Clean Air Act 
(CAA). EPA and state air quality agencies initiated the monitoring 
process for the 1997 PM2.5 NAAQS in 1999, and deployed all 
air quality monitors by January 2001. On January 5, 2005 (70 FR 944), 
EPA designated areas across the country as nonattainment, 
unclassifiable, or unclassifiable/attainment \1\ for the 1997 
PM2.5 NAAQS based upon air quality monitoring data from 
these monitors for calendar years 2001-2003.
---------------------------------------------------------------------------

    \1\ For the initial PM area designations in 2005 (for the 1997 
PM2.5 NAAQS), EPA used a designation category of 
``unclassifiable/attainment'' for areas that had monitors showing 
attainment of the standard and were not contributing to nearby 
violations and for areas that did not have monitors but for which 
EPA had reason to believe were likely attaining the standard and not 
contributing to nearby violations. EPA used the category 
``unclassifiable'' for areas in which EPA could not determine, based 
upon available information, whether or not the NAAQS was being met 
and/or EPA had not determined the area to be contributing to nearby 
violations. EPA reserves the ``attainment'' category for when EPA 
redesignates a nonattainment area that has attained the relevant 
NAAQS and has an approved maintenance plan.
---------------------------------------------------------------------------

    Greenville County, South Carolina, had a monitor with less than 
three years of data because the monitor had not been in operation for 
the full 2001-2003 period. Based upon the data that was obtained during 
its operation, the monitor indicated a potential to violate the 1997 
annual PM2.5 NAAQS. Also, Anderson and Spartanburg Counties 
had emissions and population levels that potentially contributed to the 
elevated concentrations of PM2.5 at the Greenville monitor 
in question. Therefore, EPA designated all three counties--Anderson, 
Greenville and Spartanburg--as unclassifiable for the 1997 annual 
PM2.5 NAAQS.
    On January 22, 2018, South Carolina submitted a request for EPA to 
redesignate the Greenville Area to unclassifiable/attainment for the 
1997 annual PM2.5 NAAQS now that there is sufficient data to 
determine that the Area is in attainment. In a notice of proposed 
rulemaking (NPRM) published on March 13, 2018 (83 FR 10814), EPA 
proposed to approve the State's redesignation request. The details of 
South Carolina's submittal and the rationale for EPA's actions are 
further explained in the NPRM. EPA did not receive any adverse comments 
on the proposed action.

II. Final Action

    EPA is approving South Carolina's redesignation request and 
redesignating the Greenville Area from unclassifiable to 
unclassifiable/attainment for the 1997 primary and secondary annual 
PM2.5 NAAQS.

III. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to unclassifiable/
attainment is an action that affects the status of a geographical area 
and does not impose any additional regulatory requirements on sources 
beyond those imposed by state law. A redesignation to unclassifiable/
attainment does not in and of itself create any new requirements. 
Accordingly, this action merely redesignates an area to unclassifiable/
attainment and does not impose additional requirements. 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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because redesignations are exempted under 
Executive Order 12866;
     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
     will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    In addition, this action does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The 
Catawba Indian Nation Reservation is located within the State of South 
Carolina. Pursuant to the Catawba Indian Claims Settlement Act, S.C. 
Code Ann. 27-16-120, ``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.'' However, because no tribal lands are located within the 
Area and the redesignation does not create new requirements, EPA has 
determined that this rule does not have substantial direct effects on 
an Indian Tribe. EPA notes this action will not impose substantial 
direct costs on Tribal governments or preempt Tribal law.
    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

[[Page 25392]]

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 July 31, 2018. 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 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: May 18, 2018.
Onis'' Trey'' Glenn, III,
Regional Administrator, Region 4.
    40 CFR part 81 is amended as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42.U.S.C. 7401 et seq.


0
2. In Sec.  81.341, the table entitled ``South Carolina-1997 Annual 
PM2.5 NAAQS (Primary and secondary)'' is amended under the 
heading ``Greenville-Spartanburg, SC:'' by revising the entries for 
``Anderson County'', ``Greenville County'', and ``Spartanburg County'' 
to read as follows:


Sec.  81.341  South Carolina.

* * * * *

                                     South Carolina--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                    Designation a                         Classification
          Designated area          -----------------------------------------------------------------------------
                                            Date 1                  Type               Date            Type
----------------------------------------------------------------------------------------------------------------
Greenville-Spartanburg, SC:
    Anderson County...............  June 1, 2018.........  Unclassifiable/
                                                            Attainment.
    Greenville County.............  June 1, 2018.........  Unclassifiable/
                                                            Attainment.
    Spartanburg County............  June 1, 2018.........  Unclassifiable/
                                                            Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *
[FR Doc. 2018-11833 Filed 5-31-18; 8:45 am]
BILLING CODE 6560-50-P



                                                25390                     Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations

                                                                             TABLE III—DELEGATION OF AUTHORITY—PART 63 NESHAP—REGION 7—Continued
                                                                                                                                                                                                                                                  Lincoln-
                                                                                                                                       State of                                                                                       State of                City of
                                                    Subpart                              Source category                                                      State of Kansas                        State of Missouri                           Lancaster
                                                                                                                                        Iowa                                                                                         Nebraska                 Omaha
                                                                                                                                                                                                                                                  County

                                                PPPPPP ..........    Lead Acid Battery Manufacturing .....................                9/19/11        7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                                                                                        10/24/12         12/28/12 ......................         7/30/17 * ......................      5/13/14    12/10/13
                                                QQQQQQ ........      Wood Preserving ..............................................       9/19/11        7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                                                                                        10/24/12         12/28/12 ......................         7/30/17 * ......................      5/13/14    12/10/13
                                                RRRRRR .........     Clay Ceramics Manufacturing ..........................               9/19/11        7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13         7/1/11
                                                                                                                                        10/24/12         12/28/12 ......................         7/30/17 * ......................      5/13/14    12/10/13     12/22/12
                                                SSSSSS ..........    Pressed & Blown Glass Manufacturing ...........                      9/19/11        7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13         7/1/11
                                                                                                                                        10/24/12         12/28/12 ......................         7/30/17 * ......................      5/13/14    12/10/13     12/22/12
                                                TTTTTT ...........   Secondary Non-Ferrous Metals .......................                 9/19/11        7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13         7/1/11
                                                                                                                                        10/24/12         12/28/12 ......................         7/30/17 * ......................      5/13/14    12/10/13     12/22/12
                                                VVVVVV ..........    Chemical Manufacturing Area Sources ...........                    12/21/12         7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                                                                                          9/10/14        12/28/12 ......................         7/30/17 * ......................      5/13/14    12/10/13
                                                WWWWWW ....          Plating and Polishing ........................................       9/19/11        7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                                                                                        10/24/12         12/28/12 ......................         7/30/17 * ......................      5/13/14    12/10/13
                                                XXXXXX ..........    Metal Fabrication and Finishing .......................              9/19/11        7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                                                                                        10/24/12         12/28/12 ......................         7/30/17 * ......................      5/13/14    12/10/13
                                                YYYYYY ..........    Ferroalloys Production .....................................     ................   7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                                                                                                         12/28/12 ......................         7/30/17 * ......................      5/13/14    12/10/13
                                                ZZZZZZ ...........   Area Source Standards for Aluminum, Copper                       ................   071/10 .........................        7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                       and Other Nonferrous Foundries.                                                   12/28/12 ......................         7/30/17 ........................      5/13/14    12/10/13
                                                AAAAAAA ........     Asphalt Processing and Asphalt Roofing Man-                      ................   7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                       ufacturing.                                                                       12/28/12 ......................         7/30/17 ........................      5/13/14    12/10/13
                                                BBBBBBB ........     Chemical Preparations Industry .......................           ................   7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                                                                                                         12/28/12 ......................         7/30/17 ........................      5/13/14    12/10/13
                                                CCCCCCC ......       Paints and Allied Products Manufacturing .......                     9/19/11        7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                                                                                        10/24/12         12/28/12 ......................         7/30/17 ........................      5/13/14    12/10/13
                                                DDDDDDD ......       Prepared Foods Manufacturing ........................              12/23/11         7/1/10 ..........................       7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                                                                                          9/10/14        12/28/12 ......................         7/30/17 ........................      5/13/14    12/10/13
                                                EEEEEEE ........     Gold Mine Ore Processing and Production                          ................   .....................................   7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                       Area Source Category.                                                                                                     7/30/17 ........................      5/13/14    12/10/13
                                                HHHHHHH ......       Polyvinyl Chloride and Copolymers Production                     ................   .....................................   7/1/15 ..........................      7/1/13      7/1/13   ................
                                                                                                                                                                                                 7/30/17 ........................      5/13/14    12/10/13
                                                  * At this time, Missouri is temporarily not accepting delegation for area source NESHAP requirements (40 CFR part 63, subparts WWWWW–YYYYYY) within the
                                                State of Missouri as described in an August 24, 2010 letter from MDNR to the U.S. EPA, Region 7.


                                                Summary of This Action                                                 ENVIRONMENTAL PROTECTION                                                           redesignating the Area to unclassifiable/
                                                                                                                       AGENCY                                                                             attainment for the 1997 primary and
                                                  All sources subject to the                                                                                                                              secondary annual PM2.5 NAAQS based
                                                requirements of 40 CFR parts 60, 61,                                   40 CFR Part 81                                                                     upon valid, quality-assured, and
                                                and 63 are also subject to the equivalent                                                                                                                 certified ambient air monitoring data
                                                requirements of the above-mentioned                                    [EPA–R04–OAR–2018–0017; FRL–9978–93–                                               showing that the PM2.5 monitors in the
                                                state or local agencies.                                               Region 4]                                                                          Area are in compliance with the 1997
                                                  This document informs the public of                                  Air Plan Approval and Air Quality                                                  primary and secondary annual PM2.5
                                                delegations to the above-mentioned                                     Designation; SC; Redesignation of the                                              NAAQS.
                                                agencies of the above-referenced Federal                               Greenville-Spartanburg Unclassifiable                                              DATES:        This rule will be effective July 2,
                                                regulations.                                                           Area                                                                               2018.
                                                Authority                                                              AGENCY:  Environmental Protection                                                  ADDRESSES:    EPA has established a
                                                                                                                       Agency (EPA).                                                                      docket for this action under Docket
                                                  This document is issued under the                                                                                                                       Identification No. EPA–R04–OAR–
                                                                                                                       ACTION: Final rule.
                                                authority of sections 101, 110, 112, and                                                                                                                  2018–0017. All documents in the docket
                                                301 of the CAA, as amended (42 U.S.C.                                  SUMMARY:   On January 22, 2018, the State                                          are listed on the www.regulations.gov
                                                7401, 7410, 7412, and 7601).                                           of South Carolina, through the                                                     website. Although listed in the index,
                                                  Dated: May 21, 2018.                                                 Department of Health and                                                           some information may not be publicly
                                                Karen A. Flournoy,                                                     Environmental Control (DHEC),                                                      available, i.e., Confidential Business
                                                                                                                       submitted a request for the                                                        Information or other information whose
                                                Acting Regional Administrator, Region 7.
                                                                                                                       Environmental Protection Agency (EPA)                                              disclosure is restricted by statute.
                                                [FR Doc. 2018–11757 Filed 5–31–18; 8:45 am]
                                                                                                                       to redesignate the Greenville-                                                     Certain other material, such as
                                                BILLING CODE 6560–50–P                                                 Spartanburg, South Carolina fine                                                   copyrighted material, is not placed on
                                                                                                                       particulate matter (PM2.5) unclassifiable                                          the internet and will be publicly
                                                                                                                       area (hereinafter referred to as the                                               available only in hard copy form.
                                                                                                                       ‘‘Greenville Area’’ or ‘‘Area’’) to                                                Publicly available docket materials are
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                                       unclassifiable/attainment for the 1997                                             available either electronically through
                                                                                                                       primary and secondary annual PM2.5                                                 www.regulations.gov or in hard copy at
                                                                                                                       national ambient air quality standards                                             the Air Regulatory Management Section,
                                                                                                                       (NAAQS). The Greenville Area is                                                    Air Planning and Implementation
                                                                                                                       comprised of Anderson, Greenville, and                                             Branch, Air, Pesticides and Toxics
                                                                                                                       Spartanburg Counties in South Carolina.                                            Management Division, U.S.
                                                                                                                       EPA is approving the State’s request and                                           Environmental Protection Agency,


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                                                                       Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations                                        25391

                                                Region 4, 61 Forsyth Street SW, Atlanta,                 based upon air quality monitoring data               action because redesignations are
                                                Georgia 30303–8960. EPA requests that                    from these monitors for calendar years               exempted under Executive Order 12866;
                                                if at all possible, you contact the person               2001–2003.                                              • does not impose an information
                                                listed in the FOR FURTHER INFORMATION                       Greenville County, South Carolina,                collection burden under the provisions
                                                CONTACT section to schedule your                         had a monitor with less than three years             of the Paperwork Reduction Act (44
                                                inspection. The Regional Office’s                        of data because the monitor had not                  U.S.C. 3501 et seq.);
                                                official hours of business are Monday                    been in operation for the full 2001–2003                • is certified as not having a
                                                through Friday 8:30 a.m. to 4:30 p.m.,                   period. Based upon the data that was                 significant economic impact on a
                                                excluding Federal holidays.                              obtained during its operation, the                   substantial number of small entities
                                                FOR FURTHER INFORMATION CONTACT:                         monitor indicated a potential to violate             under the Regulatory Flexibility Act (5
                                                Madolyn Sanchez, Air Regulatory                          the 1997 annual PM2.5 NAAQS. Also,                   U.S.C. 601 et seq.);
                                                Management Section, Air Planning and                     Anderson and Spartanburg Counties                       • does not contain any unfunded
                                                Implementation Branch, Air, Pesticides                   had emissions and population levels                  mandate or significantly or uniquely
                                                and Toxics Management Division, U.S.                     that potentially contributed to the                  affect small governments, as described
                                                Environmental Protection Agency,                         elevated concentrations of PM2.5 at the              in the Unfunded Mandates Reform Act
                                                Region 4, 61 Forsyth Street SW, Atlanta,                 Greenville monitor in question.                      of 1995 (Pub. L. 104–4);
                                                Georgia 30303–8960. Ms. Sanchez can                      Therefore, EPA designated all three                     • does not have Federalism
                                                be reached by telephone at (404) 562–                    counties—Anderson, Greenville and                    implications as specified in Executive
                                                9644 or via electronic mail at                           Spartanburg—as unclassifiable for the                Order 13132 (64 FR 43255, August 10,
                                                sanchez.madolyn@epa.gov.                                 1997 annual PM2.5 NAAQS.                             1999);
                                                                                                            On January 22, 2018, South Carolina                  • is not an economically significant
                                                SUPPLEMENTARY INFORMATION:
                                                                                                         submitted a request for EPA to                       regulatory action based on health or
                                                I. Background                                            redesignate the Greenville Area to                   safety risks subject to Executive Order
                                                   On July 18, 1997 (62 FR 38652), EPA                   unclassifiable/attainment for the 1997               13045 (62 FR 19885, April 23, 1997);
                                                revised the NAAQS for particulate                        annual PM2.5 NAAQS now that there is                    • is not a significant regulatory action
                                                matter to add new standards for PM2.5                    sufficient data to determine that the                subject to Executive Order 13211 (66 FR
                                                (annual and 24-hour). The primary and                    Area is in attainment. In a notice of                28355, May 22, 2001);
                                                secondary annual standards were each                     proposed rulemaking (NPRM) published                    • is not subject to requirements of
                                                set at a level of 15.0 micrograms per                    on March 13, 2018 (83 FR 10814), EPA                 Section 12(d) of the National
                                                cubic meter (mg/m3), based on a 3-year                   proposed to approve the State’s                      Technology Transfer and Advancement
                                                average of annual mean PM2.5                             redesignation request. The details of                Act of 1995 (15 U.S.C. 272 note) because
                                                concentrations. The primary and                          South Carolina’s submittal and the                   application of those requirements would
                                                secondary 24-hour standards were each                    rationale for EPA’s actions are further              be inconsistent with the CAA; and
                                                set at a level of 65 mg/m3, based on a 3-                explained in the NPRM. EPA did not                      • will not have disproportionate
                                                year average of the 98th percentile of 24-               receive any adverse comments on the                  human health or environmental effects
                                                hour concentrations. EPA established                     proposed action.                                     under Executive Order 12898 (59 FR
                                                the standards based on significant                                                                            7629, February 16, 1994).
                                                                                                         II. Final Action                                        In addition, this action does not have
                                                evidence and numerous health studies
                                                demonstrating that serious health effects                   EPA is approving South Carolina’s                 Tribal implications as specified by
                                                are associated with exposures to                         redesignation request and redesignating              Executive Order 13175 (65 FR 67249,
                                                particulate matter.                                      the Greenville Area from unclassifiable              November 9, 2000). The Catawba Indian
                                                   The process for designating areas                     to unclassifiable/attainment for the 1997            Nation Reservation is located within the
                                                following promulgation of a new or                       primary and secondary annual PM2.5                   State of South Carolina. Pursuant to the
                                                revised NAAQS is contained in section                    NAAQS.                                               Catawba Indian Claims Settlement Act,
                                                107(d)(1) of the Clean Air Act (CAA).                                                                         S.C. Code Ann. 27–16–120, ‘‘all state
                                                                                                         III. Statutory and Executive Order                   and local environmental laws and
                                                EPA and state air quality agencies
                                                                                                         Reviews                                              regulations apply to the Catawba Indian
                                                initiated the monitoring process for the
                                                1997 PM2.5 NAAQS in 1999, and                               Under the CAA, redesignation of an                Nation and Reservation and are fully
                                                deployed all air quality monitors by                     area to unclassifiable/attainment is an              enforceable by all relevant state and
                                                January 2001. On January 5, 2005 (70 FR                  action that affects the status of a                  local agencies and authorities.’’
                                                944), EPA designated areas across the                    geographical area and does not impose                However, because no tribal lands are
                                                country as nonattainment,                                any additional regulatory requirements               located within the Area and the
                                                unclassifiable, or unclassifiable/                       on sources beyond those imposed by                   redesignation does not create new
                                                attainment 1 for the 1997 PM2.5 NAAQS                    state law. A redesignation to                        requirements, EPA has determined that
                                                                                                         unclassifiable/attainment does not in                this rule does not have substantial direct
                                                   1 For the initial PM area designations in 2005 (for   and of itself create any new                         effects on an Indian Tribe. EPA notes
                                                the 1997 PM2.5 NAAQS), EPA used a designation            requirements. Accordingly, this action               this action will not impose substantial
                                                category of ‘‘unclassifiable/attainment’’ for areas      merely redesignates an area to                       direct costs on Tribal governments or
                                                that had monitors showing attainment of the
                                                standard and were not contributing to nearby             unclassifiable/attainment and does not               preempt Tribal law.
                                                violations and for areas that did not have monitors      impose additional requirements. For                     The Congressional Review Act, 5
                                                but for which EPA had reason to believe were likely      that reason, this action:                            U.S.C. 801 et seq., as added by the Small
                                                attaining the standard and not contributing to              • Is not a significant regulatory action          Business Regulatory Enforcement
jstallworth on DSKBBY8HB2PROD with RULES




                                                nearby violations. EPA used the category
                                                ‘‘unclassifiable’’ for areas in which EPA could not      subject to review by the Office of                   Fairness Act of 1996, generally provides
                                                determine, based upon available information,             Management and Budget under                          that before a rule may take effect, the
                                                whether or not the NAAQS was being met and/or            Executive Orders 12866 (58 FR 51735,                 agency promulgating the rule must
                                                EPA had not determined the area to be contributing       October 4, 1993) and 13563 (76 FR 3821,              submit a rule report, which includes a
                                                to nearby violations. EPA reserves the ‘‘attainment’’
                                                category for when EPA redesignates a                     January 21, 2011);                                   copy of the rule, to each House of the
                                                nonattainment area that has attained the relevant           • is not an Executive Order 13771 (82             Congress and to the Comptroller General
                                                NAAQS and has an approved maintenance plan.              FR 9339, February 2, 2017) regulatory                of the United States. EPA will submit a


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                                                25392                     Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations

                                                report containing this action and other                         time within which a petition for judicial                    PART 81—DESIGNATION OF AREAS
                                                required information to the U.S. Senate,                        review may be filed, and shall not                           FOR AIR QUALITY PLANNING
                                                the U.S. House of Representatives, and                          postpone the effectiveness of such rule                      PURPOSES
                                                the Comptroller General of the United                           or action. This action may not be
                                                States prior to publication of the rule in                      challenged later in proceedings to                           ■ 1. The authority citation for part 81
                                                the Federal Register. A major rule                              enforce its requirements. See section                        continues to read as follows:
                                                cannot take effect until 60 days after it                       307(b)(2).                                                        Authority: 42.U.S.C. 7401 et seq.
                                                is published in the Federal Register.
                                                                                                                List of Subjects in 40 CFR Part 81                           ■  2. In § 81.341, the table entitled
                                                This action is not a ‘‘major rule’’ as
                                                                                                                                                                             ‘‘South Carolina-1997 Annual PM2.5
                                                defined by 5 U.S.C. 804(2).
                                                                                                                  Environmental protection, Air                              NAAQS (Primary and secondary)’’ is
                                                   Under section 307(b)(1) of the CAA,                          pollution control, National parks,                           amended under the heading
                                                petitions for judicial review of this                           Wilderness areas.                                            ‘‘Greenville-Spartanburg, SC:’’ by
                                                action must be filed in the United States                                                                                    revising the entries for ‘‘Anderson
                                                Court of Appeals for the appropriate                              Dated: May 18, 2018.
                                                                                                                                                                             County’’, ‘‘Greenville County’’, and
                                                circuit by July 31, 2018. Filing a petition                     Onis’’ Trey’’ Glenn, III,
                                                                                                                                                                             ‘‘Spartanburg County’’ to read as
                                                for reconsideration by the Administrator                        Regional Administrator, Region 4.                            follows:
                                                of this final rule does not affect the                              40 CFR part 81 is amended as follows:
                                                finality of this action for the purposes of                                                                                  § 81.341     South Carolina.
                                                judicial review nor does it extend the                                                                                       *        *     *       *      *

                                                                                                        SOUTH CAROLINA—1997 ANNUAL PM2.5 NAAQS
                                                                                                                                [Primary and secondary]

                                                                                                                                                     Designation a                                      Classification
                                                                        Designated area
                                                                                                                                      Date 1                               Type                     Date                 Type

                                                Greenville-Spartanburg, SC:
                                                    Anderson County .................................................     June 1, 2018 ....................    Unclassifiable/Attainment.
                                                    Greenville County ................................................    June 1, 2018 ....................    Unclassifiable/Attainment.
                                                    Spartanburg County .............................................      June 1, 2018 ....................    Unclassifiable/Attainment.

                                                             *                         *                           *                           *                       *                        *                     *
                                                    a Includes   Indian Country located in each county or area, except as otherwise specified.
                                                    1 This   date is 90 days after January 5, 2005, unless otherwise noted.


                                                *       *        *       *       *                              recovery. This action is based on a                          Wildlife Office, 2177 Salk Avenue, Suite
                                                [FR Doc. 2018–11833 Filed 5–31–18; 8:45 am]                     review of the best available scientific                      250, Carlsbad, CA 92008; telephone
                                                BILLING CODE 6560–50–P                                          and commercial information, which                            760–431–9440; facsimile (fax) 760–431–
                                                                                                                indicates that the threats to T. a. ssp.                     5901.
                                                                                                                compactum have been eliminated or                            FOR FURTHER INFORMATION CONTACT: G.
                                                DEPARTMENT OF THE INTERIOR                                      reduced to the point where it no longer                      Mendel Stewart, Field Supervisor,
                                                                                                                meets the definition of an endangered                        Carlsbad Fish and Wildlife Office, 2177
                                                Fish and Wildlife Service                                       species or a threatened species under                        Salk Avenue, Suite 250, Carlsbad, CA
                                                                                                                the Endangered Species Act of 1973, as                       92008; telephone 760–431–9440;
                                                50 CFR Part 17                                                  amended. This rule also announces the                        facsimile (fax) 760–431–5901. If you use
                                                [Docket No. FWS–R8–ES–2016–0127;                                availability of a post-delisting                             a telecommunications device for the
                                                FXES11130900000 167 FF09E42000]                                 monitoring plan for T. a. ssp.                               deaf, call the Federal Relay Service at
                                                                                                                compactum.                                                   800–877–8339.
                                                RIN 1018–BB39
                                                                                                                DATES: This rule becomes effective July                      SUPPLEMENTARY INFORMATION:
                                                Endangered and Threatened Wildlife                              2, 2018.                                                     Previous Federal Action
                                                and Plants; Removing Trichostema
                                                                                                                ADDRESSES:    This final rule and the post-                     In carrying out our responsibility to
                                                austromontanum ssp. compactum
                                                                                                                delisting monitoring plan are available                      enforce the Endangered Species Act of
                                                (Hidden Lake Bluecurls) From the
                                                                                                                on the internet at http://                                   1973, as amended (Act; 16 U.S.C. 1531
                                                Federal List of Endangered and
                                                                                                                www.regulations.gov in Docket No.                            et seq.), we, the U.S. Fish and Wildlife
                                                Threatened Plants
                                                                                                                FWS–R8–ES–2016–0127 or https://                              Service (Service), maintain the Lists of
                                                AGENCY:   Fish and Wildlife Service,                            ecos.fws.gov. Comments and materials                         Endangered and Threatened Wildlife
                                                Interior.                                                       we received, as well as supporting                           and Plants in title 50 of the Code of
                                                ACTION: Final rule; document                                    documentation we used in preparing                           Federal Regulations (CFR). We added
                                                availability.                                                   this rule, are available for public                          Trichostema austromontanum ssp.
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                                inspection at http://                                        compactum to the List of Endangered
                                                SUMMARY:  We, the U.S. Fish and                                 www.regulations.gov. Comments,                               and Threatened Plants in 1998 (63 FR
                                                Wildlife Service, are removing the plant                        materials, and documentation that we                         49006, September 14, 1998). On January
                                                Trichostema austromontanum ssp.                                 considered in this rulemaking will be                        5, 2017, we proposed to remove this
                                                compactum (Hidden Lake bluecurls)                               available by appointment, during                             subspecies from the List.
                                                from the Federal List of Endangered and                         normal business hours at: U.S. Fish and                         Please refer to the proposed delisting
                                                Threatened Plants on the basis of                               Wildlife Service, Carlsbad Fish and                          rule for Trichostema austromontanum


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Document Created: 2018-06-01 01:30:15
Document Modified: 2018-06-01 01:30:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective July 2, 2018.
ContactMadolyn Sanchez, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Sanchez can be reached by telephone at (404) 562-9644 or via electronic mail at [email protected]
FR Citation83 FR 25390 
CFR AssociatedEnvironmental Protection; Air Pollution Control; National Parks and Wilderness Areas

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