Designation of Areas for Air Quality Planning Purposes; State of South Dakota; Approval of Redesignation Request, 11162-11163 [06-2013]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 43 (Monday, March 6, 2006)]
[Rules and Regulations]
[Pages 11162-11163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2013]



[[Page 11162]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[R08-OAR-2005-SD-0002, FRL-8039-1]


Designation of Areas for Air Quality Planning Purposes; State of 
South Dakota; Approval of Redesignation Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a September 30, 2005 request from the 
designee of the Governor of South Dakota to redesignate the ``Rapid 
City Area'' under section 107 of the Clean Air Act (CAA) from 
unclassifiable to attainment for PM-10. EPA is approving the 
redesignation request because the State has adequately demonstrated 
that the ``Rapid City Area'' is in attainment of the PM-10 National 
Ambient Air Quality Standards (NAAQS) and has committed to the 
continuation of fugitive dust controls that should help ensure that the 
area continues to attain the PM-10 NAAQS. The requirements that will 
apply in the ``Rapid City Area'' will not change as a result of this 
action because, for the purposes of the requirements of the CAA, 
unclassifiable and attainment areas are treated the same. This action 
is being taken under section 107 of the Clean Air Act.

DATES: This final rule is effective April 5, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. R08-OAR-2005-SD-0002. All documents in the docket are listed on the 
https://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) 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 https://www.regulations.gov or in hard copy at 
the Air and Radiation Program, Environmental Protection Agency (EPA), 
Region 8, 999 18th Street, Suite 200, Denver, Colorado 80202-2466. EPA 
requests that if at all possible, you contact the individual listed in 
the FOR FURTHER INFORMATION CONTACT section to view the hard copy of 
the docket. You may view the hard copy of the docket Monday through 
Friday, 8 a.m. to 4 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA Region 8, 999 
18th Street, Suite 200, MS 8P-AR, Denver, CO 80202, (303) 312-6144, 
dygowski.laurel@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

    I. Final Action
    II. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or South Dakota mean the State of South 
Dakota, unless the context indicates otherwise.
    On December 9, 2005 (70 FR 73183), EPA published a notice of 
proposed rulemaking (NPR) for the State of South Dakota. The NPR 
proposed approval of a September 30, 2005 request from the designee of 
the Governor of South Dakota to redesignate the ``Rapid City Area'' 
under section 107 of the Clean Air Act (CAA) from unclassifiable to 
attainment for PM-10. EPA proposed approving the redesignation request 
because the State has adequately demonstrated that the ``Rapid City 
Area'' is in attainment of the PM-10 National Ambient Air Quality 
Standards (NAAQS) and has committed to the continuation of fugitive 
dust controls that should help ensure that the area continues to attain 
the PM-10 NAAQS. A discussion of the State's demonstration of 
attainment of the PM-10 NAAQS and the fugitive dust control measures is 
contained in the December 9, 2005, proposed rulemaking. The 
requirements that will apply in the ``Rapid City Area'' will not change 
as a result of this action because, for the purposes of the 
requirements of the CAA, unclassifiable and attainment areas are 
treated the same.

I. Final Action

    We received three comments on our December 9, 2005 NPR which 
supported the redesignation of Rapid City to attainment of the PM-10 
NAAQS. EPA is approving the State of South Dakota's request for 
redesignation under section 107 of the CAA from unclassifiable to 
attainment for PM-10.

II. 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 approves a redesignation to attainment and imposes no additional 
requirements beyond those imposed by state law. Redesignation of an 
area to attainment under section 107 of the Clean Air Act is an action 
that affects the attainment status of a geographical area and does not 
impose any new regulatory requirements on sources. 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 
approves a redesignation to attainment 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 action 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 action merely approves a redesignation 
to attainment and does not alter the relationship or the distribution 
of power and responsibilities established in the Clean Air Act. 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.
    Section 12(d) of the National Technology Transfer Advancement Act

[[Page 11163]]

(NTTAA) of 1995, Public Law 104-113, section 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impracticable. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by VCS bodies. This 
action does not involve technical standards. Therefore, EPA did not 
consider the use of any VCS. This rule 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. 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 5, 2006. 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 section 307(b)(2) of the Clean Air 
Act.)

List of Subjects in 40 CFR Part 81

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

    Dated: February 10, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.

0
40 CFR part 81 is amended to read as follows:

PART 81--[AMENDED]

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.  81.342, the table entitled ``South Dakota-PM-10'' is 
amended by revising the entry for ``Rapid City Area'' to read as 
follows:


Sec.  81.342  South Dakota.

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                                                                   South Dakota-PM-10
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                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                              Date                        Type                        Date                        Type
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                                                                      * * * * * * *
Rapid City Area.........................     04/05/06  Attainment.
 
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[FR Doc. 06-2013 Filed 3-3-06; 8:45 am]
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