Approval and Promulgation of Air Quality Implementation Plans; State of South Dakota; Revisions to the Administrative Rules of South Dakota, 46428-46429 [E6-13165]

Download as PDF 46428 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Proposed Rules September 18, 2006, then these changes will become effective September 29, 2006, and we will withdraw this proposed rule. If we do receive significant adverse comments, then this proposed rule initiates the normal notice-and-comment rulemaking process. We are opening this comment period for 45 days as it is desirable to have this regulatory change in place prior to the councils’ recruitment and appointment process for the winter 2007 meeting cycle. Required Determinations Regulatory Planning and Review [Executive Order (E.O). 12866], Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)) An economic analysis is not necessary, because this proposed rule would not have an economic impact on any entities, large or small. The Office of Management and Budget (OMB) has determined that this proposed rule is not a significant rule under E.O. 12866, and, therefore, OMB has not reviewed this proposed rule. Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) In accordance with the Unfunded Mandates Reform Act: (a) This rule will not ‘‘significantly or uniquely’’ affect small governments. A Small Government Agency Plan is not required. (b) This rule will not produce a Federal mandate of $100 million or greater in any year; that is, it is not a ‘‘significant regulatory action’’ under the Unfunded Mandates Reform Act. Takings In accordance with E.O. 12630, this proposed rule would not have significant takings implications. A takings implication assessment is not required. Federalism In accordance with E.O. 13132, this proposed rule would not have significant Federalism effects. A Federalism assessment is not required. jlentini on PROD1PC65 with PROPOSAL Civil Justice Reform In accordance with E.O. 12988, the Office of the Solicitor has determined that this proposed rule would not unduly burden the judicial system and this proposed meets the requirements of sections 3(a) and 3(b)(2) of the Order. VerDate Aug<31>2005 17:17 Aug 11, 2006 Jkt 208001 Paperwork Reduction Act (44 U.S.C. 3501 et seq.) This proposed rule does not contain any new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995. National Environmental Policy Act We have determined that an Environmental Assessment and/or an Environmental Impact Statement as defined by the National Environmental Policy Act of 1969 need not be prepared for this proposed rule. This proposal does not constitute a major Federal action significantly affecting the quality of the human environment. William Knauer drafted these regulations under the guidance of Peter J. Probasco of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Dennis Tol and Chuck Ardizzone, Alaska State Office, Bureau of Land Management; Greg Bos, Carl Jack, and Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife Service; Sandy Rabinowitch and Nancy Swanton, Alaska Regional Office, National Park Service; Dr. Warren Eastland, Pat Petrivelli, and Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs; and Steve Kessler, Alaska Regional Office, USDA-Forest Service provided additional guidance. List of Subjects 36 CFR Part 242 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. 50 CFR Part 100 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. For the reasons set out in the preamble, the Departments propose to amend title 36, part 242, and title 50, part 100, of the Code of Federal Regulations, as set forth below. PARTll—SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA 1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 would continue to read as follows: Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 1733. Subpart C—Board Determinations 2. In § ll.22, paragraph (a) is revised by adding ‘‘; and’’ at the end of PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 paragraph (10) and a new paragraph (11) to read as follows: § ll.22 Subsistence resource regions. (a) * * * (11) Kenai Peninsula Region. * * * * * Dated: July 21, 2006. Peter J. Probasco, Acting Chair, Federal Subsistence Board. Dated: July 20, 2006. Steve Kessler, Subsistence Program Leader, USDA–Forest Service. [FR Doc. 06–6905 Filed 8–11–06; 8:45 am] BILLING CODE 3410–11–P; 4310–55–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2006–0604; FRL–8208–7] Approval and Promulgation of Air Quality Implementation Plans; State of South Dakota; Revisions to the Administrative Rules of South Dakota Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to take direct final action approving a State Implementation Plan (SIP) revisions submitted by the State of South Dakota on January 14, 2005. The January 14, 2005 submittal revises the Administrative Rules of South Dakota, Air Pollution Control Program, by modifying the chapters pertaining to definitions, ambient air quality, air quality episodes, operating permits for minor sources, regulated air pollutant emissions, new source review, performance testing, control of visible emissions, and continuous emission monitoring systems. In addition, the State made revisions to the Prevention of Significant Deterioration program, which has been delegated to the State. The intended effect of this action is to make these revisions federally enforceable. We are also announcing that on March 23, 2005, we updated the delegation of authority for the implementation and enforcement of the New Source Performance Standards to the State of South Dakota. These actions are being taken under sections 110 and 111 of the Clean Air Act. In the ‘‘Rules and Regulations’’ section of this Federal Register, EPA is approving the State’s SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and E:\FR\FM\14AUP1.SGM 14AUP1 jlentini on PROD1PC65 with PROPOSAL Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Proposed Rules anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. DATES: Written comments must be received on or before September 13, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R08– OAR–2006–0604, by one of the following methods: • https://www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: long.richard@epa.gov and dygowski.laurel@epa.gov. • Fax: (303) 312–6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). • Mail: Richard R. Long, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 999 18th Street, Suite 200, Denver, Colorado 80202–2466. • Hand Delivery: Richard R. Long, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 999 18th Street, Suite 300, Denver, Colorado 80202–2466. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding Federal holidays. Special arrangements should be made for deliveries of boxed information. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instruction on how to submit comments. FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA Region 8, 999 18th Street, Suite 200, Mailcode 8P–AR, Denver, CO 80202, (303) 312–6144, dygowski.laurel@epa.gov. SUPPLEMENTARY INFORMATION: See the information provided in the Direct Final action of the same title which is located in the Rules and Regulations section of this Federal Register. VerDate Aug<31>2005 17:17 Aug 11, 2006 Jkt 208001 Authority : 42 U.S.C. 7401 et seq. Dated: August 1, 2006. Robert E. Roberts, Regional Administrator, Region 8. [FR Doc. E6–13165 Filed 8–11–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL–8209–7] National Oil and Hazardous Substances; Pollution Contingency Plan; National Priorities List Environmental Protection Agency. ACTION: Notice of intent to delete the Nineteenth (19th) Avenue Landfill Superfund Site from the National Priorities List. AGENCY: SUMMARY: The United States Environmental Protection Agency (EPA) Region 9 is issuing a notice of intent to delete the Nineteenth (19th) Avenue Landfill Superfund Site (Site), located in Phoenix, AZ, from the National Priorities List (NPL) and requests public comment on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Arizona, through the Arizona Department of Environmental Quality (ADEQ), have determined that all appropriate response actions under CERCLA have been completed. Operation and maintenance and fiveyear reviews will continue at the Site. This deletion does not preclude future actions under Superfund. DATES: Comments concerning the deletion of this Site from the NPL must be received by September 13, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–1983–0002, by one of the following methods: • https://www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: hollan.nadia@epa.gov. • Fax: (415) 947–3526. Mail or Hand Delivery: Nadia Hollan, EPA Region IX, Mail Code: SFD–8–2, 75 Hawthorne Street, San Francisco, CA 94105, or Environmental Protection Agency, EPA Docket Center (EPA/DC), Docket ID PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 46429 No: EPA–HQ–SFUND–1983–0002, Mailcode: 5202T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Instructions: Direct your comments to Docket ID No. EPA–HQ–SFUND–1983– 0002. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the https://www.regulations.gov index. Publicly available docket materials are available electronically in https:// www.regulations.gov or at the EPA’s information repositories at the following addresses: U.S. EPA Region IX Superfund Records Center at 95 Hawthorne St., San Francisco, CA, (415) 536–2000, Monday through Friday 8 a.m. and 5 p.m., excluding holidays; City of Phoenix Main Library, Government Documents Section, 1221 North Central Avenue, Phoenix, Arizona 85004, (602) 262–4636, Hours: M–Th, 10 a.m. to 9 p.m., Fri. & Sat., 10 a.m. to 6 p.m., Sun., 12 p.m. to 5 p.m.; and Arizona Department of Environmental Quality Records Center, 1110 West Washington Street, Phoenix, Arizona 85007, e-mail: recordscenter@azdeq.gov or call (602) 771–4380 or 1 (800) 234– 5677, ext. 771–4380, Hours: M–F, 8:30 a.m. to 4:30 p.m. E:\FR\FM\14AUP1.SGM 14AUP1

Agencies

[Federal Register Volume 71, Number 156 (Monday, August 14, 2006)]
[Proposed Rules]
[Pages 46428-46429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13165]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0604; FRL-8208-7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of South Dakota; Revisions to the Administrative Rules of South 
Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to take direct final action approving a State 
Implementation Plan (SIP) revisions submitted by the State of South 
Dakota on January 14, 2005. The January 14, 2005 submittal revises the 
Administrative Rules of South Dakota, Air Pollution Control Program, by 
modifying the chapters pertaining to definitions, ambient air quality, 
air quality episodes, operating permits for minor sources, regulated 
air pollutant emissions, new source review, performance testing, 
control of visible emissions, and continuous emission monitoring 
systems. In addition, the State made revisions to the Prevention of 
Significant Deterioration program, which has been delegated to the 
State. The intended effect of this action is to make these revisions 
federally enforceable. We are also announcing that on March 23, 2005, 
we updated the delegation of authority for the implementation and 
enforcement of the New Source Performance Standards to the State of 
South Dakota. These actions are being taken under sections 110 and 111 
of the Clean Air Act.
    In the ``Rules and Regulations'' section of this Federal Register, 
EPA is approving the State's SIP revision as a direct final rule 
without prior proposal because the Agency views this as a 
noncontroversial SIP revision and

[[Page 46429]]

anticipates no adverse comments. A detailed rationale for the approval 
is set forth in the preamble to the direct final rule. If EPA receives 
no adverse comments, EPA will not take further action on this proposed 
rule. If EPA receives adverse comments, EPA will withdraw the direct 
final rule and it will not take effect. EPA will address all public 
comments in a subsequent final rule based on this proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

DATES: Written comments must be received on or before September 13, 
2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2006-0604, by one of the following methods:
     https://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: long.richard@epa.gov and dygowski.laurel@epa.gov.
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
     Hand Delivery: Richard R. Long, Director, Air and 
Radiation Program, Environmental Protection Agency (EPA), Region 8, 
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m. 
to 4:55 p.m., excluding Federal holidays. Special arrangements should 
be made for deliveries of boxed information.
    Please see the direct final rule which is located in the Rules 
section of this Federal Register for detailed instruction on how to 
submit comments.

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

SUPPLEMENTARY INFORMATION: See the information provided in the Direct 
Final action of the same title which is located in the Rules and 
Regulations section of this Federal Register.

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

    Dated: August 1, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. E6-13165 Filed 8-11-06; 8:45 am]
BILLING CODE 6560-50-P
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