SUPPLEMENTARY INFORMATION:

I. This Action

The EPA is approving a SIP revision submitted by DES on July 23, 2025, amending Regulations 61-62.1, Definitions and General Requirements, Section I, Definitions; 61-62.3, Air Pollution Episodes; 61-62.4, Hazardous Air Pollution Conditions; 61-62.5, Standard No. 4, Emissions from Process Industries, Section VIII, Other Manufacturing; and 61-62.96, Nitrogen Oxides (NO_X) Budget Program.^[1] The revision updates references in these regulations from DHEC and the DHEC Board to reflect the newly created DES. The EPA is approving these changes because they are administrative in nature and therefore would not interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable requirement of the Clean Air Act (CAA or Act).^[2]

II. Background

Through a notice of proposed rulemaking (NPRM), published on May 28, 2026 (91 FR 31686), the EPA proposed to approve the July 23, 2025, changes to Regulations 61-62.1, Definitions and General Requirements, Section I, Definitions; 61-62.3, Air Pollution Episodes; 61-62.4, Hazardous Air Pollution Conditions; 61-62.5, Standard No. 4, Emissions from Process Industries, Section VIII, Other Manufacturing; and 61-62.96, Nitrogen Oxides (NO_X) Budget Program. The details of South Carolina's submission, as well as the EPA's rationale for approving these changes, are described in more detail in the May 28, 2026, NPRM. Comments on the May 28, 2026, NPRM were due on June 29, 2026. No comments were received on the NPRM, adverse or otherwise.

III. Incorporation by Reference

In this document, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, and as discussed in Section I of this preamble, the EPA is finalizing the incorporation by reference Regulation 61-62.1, Section I, Definitions, paragraphs (11), (20), and (25); ^[3] Regulation 61-62.3, Section I, Episode Criteria, paragraph 1 and the preceding ( printed page 53727) unnumbered initial paragraph; ^[4] Regulation 61-62.4, Hazardous Air Pollution Conditions, Section E; ^[5] Regulation 61-62.5, Standard No. 4, Section VIII, Other Manufacturing, footnote to Table B; ^[6] and Regulation 61-62.96, Nitrogen Oxides (NO_X) Budget Program, Section 96.2, paragraph (q),^[7] all of which are state effective May 23, 2025, and revise these rules to update outdated references. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the state implementation plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.^[8]

IV. Final Action

The EPA is approving South Carolina's July 23, 2025, SIP revision consisting of administrative changes to references in Regulations 61-62.1, Definition and General Requirements, Section I; 61-62.3, Air Pollution Episodes; 61-62.4, Hazardous Air Pollution Conditions; 61-62.5, Standard 4, Emissions from Process Industries; and 61-62.96, Nitrogen Oxides (NO_X) Budget Program.

V. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations.^[9] Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, 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 underExecutive Order 12866 (58 FR 51735, October 4, 1993);
• Is not subject toExecutive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not exempt 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not subject toExecutive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program;
• Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001); and
• 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.

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.

This action is subject to the Congressional Review Act, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

Under CAA section 307(b)(1), petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 19, 2026. 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.^[10]

For the reasons stated in the preamble, the EPA amends 40 CFR part 52 as follows:

91 FR 53726