Approval and Promulgation of Air Quality Implementation Plans; State of South Dakota; Revisions to the Administrative Rules of South Dakota, 46403-46409 [E6-13166]

Download as PDF Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations jlentini on PROD1PC65 with RULES (iii) The year when the basic registration was completed; (iv) The name or names of the designer or designers of the vessel hull, and the owner or owners of the vessel hull design, as they appear in the basic registration; (v) The space number and heading or description of the part of the basic registration where the error occurred; (vi) A transcription of the erroneous information as it appears in the basic registration; (vii) A statement of the correct information as it should have appeared; (viii) If desired, an explanation of the error or its correction; (ix) The name and address: (A) To which the correspondence concerning the application should be sent; and (B) To which the certificate of correction should be mailed; and (x) The certification shall consist of: (A) The handwritten signature of the owner of the registered design or of the duly authorized agent of such owner (who shall also be identified); (B) The typed or printed name of the person whose signature appears, and the date of signature; and (C) A statement that the person signing the application is the owner of the registered design or of the duly authorized agent of such owner, and that the statements made in the application are correct to the best of that person’s knowledge. (2) The form prescribed by he Copyright Office for the foregoing purposes is designated ‘‘Application to Correct a Design Registration (Form DC)’’. Copies of the form are available free upon request to the Public Information Office, Library of Congress, Copyright Office, 101 Independence Avenue, SE., Washington, DC 20559– 6000 or on the Copyright Office Web site at https://www.copyright.gov/forms/ formdc.pdf. (3) Copies, phonorecords or supporting documents cannot be made part of the record of a corrected certificate of registration and should not be submitted with the application. (d) Fee. The filing fee for an application to correct a certificate of registration of a vessel hull design is prescribed in § 201.3(c). Dated: July 19, 2006. Marybeth Peters, Register of Copyrights. James H. Billington, Librarian of Congress. [FR Doc. 06–6915 Filed 8–11–06; 8:45 am] BILLING CODE 1410–30–M VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2006–0604; FRL–8208–8] 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: Direct Final rule and NSPS Delegation. AGENCY: SUMMARY: EPA is taking 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. DATES: This rule is effective on October 13, 2006 without further notice, unless EPA receives adverse comment by September 13, 2006. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 46403 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. Instructions: Direct your comments to Docket ID No. EPA–R08–OAR–2006– 0604. 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. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. For additional instructions on submitting comments, go to Section I. General Information of the SUPPLEMENTARY INFORMATION section of this document. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is E:\FR\FM\14AUR1.SGM 14AUR1 46404 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 300, 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, Mailcode 8P–AR, Denver, CO 80202 (303) 312–6144, dygowski.laurel@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. General Information II. Summary of SIP revision III. Revisions to Delegated Programs IV. Final Action V. 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. I. General Information jlentini on PROD1PC65 with RULES A. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for Preparing Your Comments. When submitting comments, remember to: a. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). b. Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. c. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. d. Describe any assumptions and provide any technical information and/ or data that you used. e. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. f. Provide specific examples to illustrate your concerns, and suggest alternatives. g. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. h. Make sure to submit your comments by the comment period deadline identified. II. Summary of SIP Revision On January 14, 2005, the State of South Dakota submitted revisions to its State Implementation Plan (SIP). The specific revisions to the SIP contained in the January 14, 2005 submittal are explained below. The January 14, 2005 submittal also contained revisions to other sections of the Administrative Rules of South Dakota (ARSD) that are not part of the SIP. This rule does not address revisions to ARSD 74:36:05, 74:36:07, 74:36:08, or 74:36:16 that were part of the January 14, 2005 submittal. A. ARSD 74:36:01—Definitions ARSD 74:36:01 was revised to repeal the definitions for ‘‘actual emissions’’, ‘‘major modification’’, ‘‘reconstruction of sources’’, and ‘‘significant’’. These terms pertain to federal programs that the State adopts by reference and the Federal programs define these terms. The State adopts by reference the definitions for actual emissions and major modification in ARSD 74:36:10:02, the definition for reconstruction of sources in ARSD 74:36:07:01 and 74:36:08:01, and significant in ARSD 7436:09:02. Therefore, the State is repealing these definitions and has adopted by reference the Federal definitions. The State is deleting the definitions for ‘‘Part PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 70’’ and ‘‘reference method’’ since they are not used anywhere in article 74:36, and is revising the definition for ‘‘permit modification’’ to reflect that the term permit modification pertains to both Part 70 operating permits and minor operating permits. The State has revised the definitions for ‘‘categories of sources’’ and ‘‘modification’’ to make them equivalent to the federal definitions. In addition, the State has revised several definitions to update the incorporation of the Code of Federal Regulations (CFR) to the July 1, 2003 CFR and has made minor typographical corrections. B. ARSD 74:36:02—Ambient Air Quality and ARSD 74:36:03—Air Quality Episodes The State has revised these sections to update the incorporation of the CFR to the July 1, 2003 CFR and has made minor typographical corrections. C. ARSD 74:36:04—Operating Permits for Minor Sources Subsection 74:36:04:04 contains the standard that is used to issue an operating permit. Both a new source and a permit modification must demonstrate that it will not interfere with the attainment or maintenance of the National Ambient Air Quality Standards (NAAQS). The State has revised this subsection to include the term permit modification which was not previously included. The State has also revised this section to update the incorporation of the CFR to the July 1, 2003 CFR and has made minor typographical corrections. D. ARSD 74:36:06—Regulated Air Pollutant Emissions Subsection 74:36:06:04 pertains to particulate emission restrictions for incinerators and wood waste burners. The State is revising this section to include a reference to chapter 74:36:08 to include emission limits from this chapter that apply to incinerators. The State is also revising subsection 74:36:06:06, which identifies those units that emit enough air pollutants to warrant a stack performance test to ensure compliance with state and federal air emission limits. Prior to this revision, this subsection only identified new units and a major modification as having to perform a stack test. The State is revising this section by removing the term ‘‘major’’ so that any modification will require a stack performance test to ensure compliance. E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations E. ARSD 74:36:10—New Source Review, ARSD 74:36:11—Performance Testing, ARSD 74:36:12—Control of Visible Emissions, and ARSD 74:36:13— Continuous Emission Monitoring Systems The State has revised these sections to update the incorporation of the CFR to the July 1, 2003 CFR and has made minor typographical corrections. III. Revisions to Delegated Programs jlentini on PROD1PC65 with RULES A. ARSD 74:36:07—New Source Performance Standards (NSPS) The January 14, 2005 submittal by the State updated the effective date of the incorporated by reference NSPS to July 1, 2003. EPA is announcing that on March 23, 2005, we updated the delegation of authority for the implementation and enforcement of the NSPS to the State. The March 23, 2005 letter of delegation to the State follows: Steven M. Pirner, Secretary, South Dakota Department of Environment and Natural Resources, 523 East Capitol, Pierre, SD 57501–3182. Dear Mr. Pirner: On January 14, 2005, the State submitted a revision to the Air Pollution Control Program for South Dakota. Specifically, the state revised its rules to incorporate the July 1, 2003 Code of Federal Regulations. This revision, in effect, updates the citation of the incorporated Federal New Source Performance Standards (NSPS) to July 1, 2003. Subsequent to states adopting NSPS regulations, EPA delegates the authority for the implementation and enforcement of those NSPS, so long as the state’s regulations are equivalent to the Federal regulations. EPA reviewed the pertinent statutes and regulations of the State of South Dakota and determined that they provide an adequate and effective procedure for the implementation and enforcement of the NSPS by the State of South Dakota. Therefore, pursuant to section 111(c) of the Clean Air Act (Act), as amended, and 40 CFR part 60, EPA hereby delegates its authority for the implementation and enforcement of the NSPS to the State of South Dakota as follows: (A) Responsibility for all sources located, or to be located, in the State of South Dakota subject to the standards of performance for new stationary sources promulgated in 40 CFR part 60. The categories of new stationary sources covered by this delegation are all NSPS subparts in 40 CFR part 60, as in effect on July 1, 2003. Note this delegation does not include the emission guidelines in subparts Cb, Cc, Cd, Ce, BBBB and DDDD. These subparts require state plans which are approved under a separate process pursuant to section 111(d) of the Act. (B) Not all authorities of NSPS can be delegated to states under section 111(c) of the Act, as amended. The EPA Administrator retains authority to implement those sections VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 of the NSPS that require: (1) Approving equivalency determinations and alternative test methods, (2) decision making to ensure national consistency, and (3) EPA rulemaking to implement. Therefore, of the NSPS of 40 CFR part 60 being delegated in this letter, the enclosure lists examples of sections in 40 CFR part 60 that cannot be delegated to the State of South Dakota. (C) The Department of Environment and Natural Resources (DENR) and EPA will continue a system of communication sufficient to guarantee that each office is always fully informed and current regarding compliance status of the subject sources and interpretation of the regulations. (D) Enforcement of the NSPS in the state will be the primary responsibility of the DENR. If the DENR determines that such enforcement is not feasible and so notifies EPA, or where the DENR acts in a manner inconsistent with the terms of this delegation, EPA may exercise its concurrent enforcement authority pursuant to section 113 of the Act, as amended, with respect to sources within the State of South Dakota subject to NSPS. (E) The State of South Dakota will at no time grant a variance or waiver from compliance with NSPS regulations. Should DENR grant such a variance or waiver, EPA will consider the source receiving such relief to be in violation of the applicable Federal regulation and initiate enforcement action against the source pursuant to section 113 of the Act. The granting of such relief by the DENR shall also constitute grounds for revocation of delegation by EPA. (F) If at anytime there is a conflict between a state regulation and a Federal regulation (40 CFR part 60), the Federal regulation must be applied if it is more stringent than that of the state. If the state does not have the authority to enforce the more stringent Federal regulation, this portion of the delegation may be revoked. (G) If the Regional Administrator determines that a state procedure for enforcing or implementing the NSPS is inadequate, or is not being effectively carried out, this delegation may be revoked in whole or part. Any such revocation shall be effective as of the date specified in a Notice of Revocation to the DENR. (H) Acceptance of this delegation of presently promulgated NSPS does not commit the State of South Dakota to accept delegation of future standards and requirements. A new request for delegation will be required for any standards not included in the state’s request of January 14, 2005. (I) Upon approval of the Regional Administrator of EPA Region VIII, the Secretary of DENR may subdelegate his/her authority to implement and enforce the NSPS to local air pollution control authorities in the state when such authorities have demonstrated that they have equivalent or more stringent programs in force. (J) The State of South Dakota must require reporting of all excess emissions from any NSPS source in accordance with 40 CFR 60.7(c). (K) Performance tests shall be scheduled and conducted in accordance with the PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 46405 procedures set forth in 40 CFR part 60 unless alternate methods or procedures are approved by the EPA Administrator. Although the Administrator retains the exclusive right to approve equivalent and alternate test methods as specified in 40 CFR 60.8(b)(2) and (3), the state may approve minor changes in methodology provided these changes are reported to EPA Region VIII. The Administrator also retains the right to change the opacity standard as specified in 40 CFR 60.11(e). (L) Determinations of applicability such as those specified in 40 CFR 60.5 and 60.6 shall be consistent with those which have already been made by the EPA. (M) Alternatives to continuous monitoring procedures or reporting requirements, as outlined in 40 CFR 60.13(i), may be approved by the state with the prior concurrence of the Regional Administrator. (N) If a source proposes to modify its operation or facility which may cause the source to be subject to NSPS requirements, the state shall notify EPA Region VIII and obtain a determination on the applicability of the NSPS regulations. (O) Information shall be made available to the public in accordance with 40 CFR 60.9. Any records, reports, or information provided to, or otherwise obtained by, the state in accordance with the provisions of these regulations shall be made available to the designated representatives of EPA upon request. (P) All reports required pursuant to the delegated NSPS should not be submitted to the EPA Region VIII office, but rather to the DENR. (Q) As 40 CFR part 60 is updated, South Dakota should revise its regulations accordingly and in a timely manner and submit to EPA requests for updates to its delegation of authority. EPA is approving South Dakota’s request for NSPS delegation for all areas within the State except for land within formal Indian reservations located within or abutting the State of South Dakota, including the: Cheyenne River Indian Reservation, Crow Creek Indian Reservation, Flandreau Indian Reservation, Lower Brule Indian Reservation, Pine Ridge Indian Reservation, Rosebud Indian Reservation, Standing Rock Indian Reservation, Yankton Indian Reservation, any land held in trust by the United States for an Indian tribe; and any other areas which are ‘‘Indian Country’’ within the meaning of 18 U.S.C. 1151. Since this delegation is effective immediately, there is no need for the state to notify the EPA of its acceptance. Unless we receive written notice of objections from you within ten days of the date on which you receive this letter, the State of South Dakota will be deemed to accept all the terms of this delegation. EPA will publish an information notice in the Federal Register in the near future to inform the public of this delegation, in which this letter will appear in its entirety. If you have any questions on this matter, please contact me or have your staff contact Richard Long, Director of our Air and Radiation Program. We can both be reached at (800) 227–8917. Sincerely yours, E:\FR\FM\14AUR1.SGM 14AUR1 46406 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations Robert E. Roberts Regional Administrator Enclosure cc: Brian Gustafson, Administrator, South Dakota Air Quality Program Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective Through July 1, 2003, to the State of South Dakota EXAMPLES OF AUTHORITIES IN 40 CFR PART 60 WHICH CANNOT BE DELEGATED 40 CFR Subparts Section(s) A ...................................................... 60.8(b)(2) and (b)(3), and those sections throughout the standards that reference 60.8(b)(2) and (b)(3); 60.11(b) and (e); and 60.13(i). 60.45a. 60.44b(f), 60.44b(g) and 60.49b(a)(4). 60.48c(a)(4). 60.56c(i), 60.8 60.105(a)(13)(iii) and 60.106(i)(12). 60.114a. 60.111b(f)(4), 60.114b, 60.116b(e)(3)(iii), 60.116b(e)(3)(iv), and 60.116b(f)(2)(iii). 60.153(e). 60.195(b). 60.302(d)(3). 60.332(a)(3) and 60.335(a). 60.482–1(c)(2) and 60.484. 60.493(b)(2)(i)(A) and 60.496(a)(1). 60.502(e)(6) 60.531, 60.533, 60.534, 60.535, 60.536(i)(2), 60.537, 60.538(e) and 60.539. 60.543(c)(2)(ii)(B). 60.562–2(c). 60.592(c). 60.613(e). 60.623. 60.634. 60.663(f). 60.694. 60.703(e). 60.711(a)(16), 60.713(b)(1)(i) and (ii), 60.713(b)(5)(i), 60.713(d), 60.715(a) and 60.716. 60.723(b)(1), 60.723(b)(2)(i)(C), 60.723(b)(2)(iv), 60.724(e) and 60.725(b). 60.743(a)(3)(v)(A) and (B), 60.743(e), 60.745(a) and 60.746. 60.754(a)(5). 60.2030(c) identifies authorities in Subpart CCCC that cannot be delegated to the State. Da .................................................... Db .................................................... Dc .................................................... Ec .................................................... J ...................................................... Ka .................................................... Kb .................................................... O ..................................................... S ...................................................... DD ................................................... GG ................................................... VV ................................................... WW ................................................. XX ................................................... AAA ................................................. BBB ................................................. DDD ................................................ GGG ................................................ III ..................................................... JJJ ................................................... KKK ................................................. NNN ................................................ QQQ ................................................ RRR ................................................ SSS ................................................. TTT .................................................. VVV ................................................. WWW .............................................. CCCC .............................................. jlentini on PROD1PC65 with RULES B. ARSD 74:36:09—Prevention of Significant Deterioration (PSD) On July 6, 1994, EPA delegated the authority to South Dakota to implement and enforce the Federal PSD permitting regulations (see 59 FR 47260). In order to maintain their delegation for the implementation and enforcement of the PSD program, the State has made revisions to ARSD 74:36:09 to make it equivalent to EPA’s regulations. The State has revised this chapter by removing the references to Federal Register notices published after July 1, 2002 and adding references to the July 1, 2003 CFR. The delegation of the PSD program to the State still carries the same terms of delegation as outlined in the 1994 Federal Register notice (59 FR 47260). In delegating the PSD program to the State, the State agrees to follow EPA’s interpretations of the regulations, as articulated in regulatory preambles, guidance, and other Agency statements. IV. Final Action EPA is approving revisions to the South Dakota SIP submitted by the State on January 14, 2005. The revisions we are approving are revisions to ARSD 74:36:01, 73:36:02, 74:36:03, 74:36:04, 74:36:06, 74:36:10, 74:36:11, 74:36:12, and 74:36:13. We are approving revisions to the delegated PSD program in ARSD 74:36:09. We are also announcing that on March 23, 2005, we VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 updated the delegation of authority for the implementation and enforcement of the NSPS to the State of South Dakota. Section 110(l) of the Clean Air Act states that a SIP revision cannot be approved if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress towards attainment of the NAAQS or any other applicable requirements of the Act. The South Dakota SIP revisions that are the subject of this document do not interfere with the maintenance of the NAAQS or any other applicable requirement of the Act because of the following: (1) The revisions to the SIP meet Federal requirements and allow the State to include the most recent version of Federal regulations; and (2) the NSPS delegation meets the requirements of section 111(c) of the CAA and 40 CFR part 60. Therefore, section 110(l) requirements are satisfied. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the ‘‘Proposed Rules’’ section of today’s Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective October 13, 2006 without further notice unless the Agency receives adverse comments by September 13, 2006. If the EPA PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 receives adverse comments, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. The 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. V. Statutory and Executive Order Review 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 state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule E:\FR\FM\14AUR1.SGM 14AUR1 46407 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations approves pre-existing requirements under state law 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 state rule implementing a Federal standard, 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. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for State citation failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule 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 October 13, 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 Title/subject 74:36:01:01 .... 74:36:01:02 .... 74:36:01:05 .... Definitions 74:36:01:01(1)–(76), (78) and (79). Actual emissions defined ....................... Repealed—1/2/ 2005. 1/2/2005 ................. 74:36:01:07 .... Applicable requirements of Clean Air Act defined. Major modification defined ..................... 74:36:01:09 .... Categories of sources defined ............... Repealed—1/2/ 2005. 1/2/2005 ................. 74:36:01:10 .... Modification defined ............................... 1/2/2005 ................. 74:36:01:14 .... Reconstruction of sources defined ........ 74:36:01:16 .... Responsible official defined ................... Repealed—1/2/ 2005. 1/2/2005 ................. 73:36:01:17 .... Significant defined .................................. 74:36:01:20 .... Physical change or change in the method of operation. Repealed—1/2/ 2005. 1/2/2005 ................. jlentini on PROD1PC65 with RULES Ambient air quality standards ................ 1/2/2005 ................. 74:36:02:03 .... Methods of sampling and analysis ........ 1/2/2005 ................. 74:36:02:04 .... Air quality monitoring network ............... 1/2/2005 ................. 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00025 Dated: August 1, 2006. Robert E. Roberts, Regional Administrator, Region 8. I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for Part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart QQ—South Dakota 2. In § 52.2170, the table in paragraph (c) is amended by revising the entries for chapters 74:36:01, 73:36:02, 74:36:03, 74:36:04, 74:36:06, 74:36:10, 74:36:11, 74:36:12, and 74:36:13 of the Administrative Rules of South Dakota to read as follows: I § 52.2170 * Identification of plan. * * * * (c) EPA approved regulations. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. Ambient Air Quality 74:36:02:02 .... VerDate Aug<31>2005 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Definitions 1/2/2005 ................. 74:36:02 List of Subjects in 40 CFR Part 52 EPA approval date and citation 1 State effective date 74:36:01 challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) Fmt 4700 Sfmt 4700 [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. E:\FR\FM\14AUR1.SGM 14AUR1 Explanations 46408 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations State citation Title/subject State effective date EPA approval date and citation 1 74:36:02:05 .... Ambient air monitoring requirements ..... 1/2/2005 ................. [Insert Federal Register page number where the document begins and date]. 74:36:03 Air Quality Episodes 74:36:03:01 .... Air pollution emergency episode ........... 1/2/2005 ................. 74:36:03:02 .... Episode emergency contingency plan ... 1/2/2005 ................. 74:36:04 Operating permit exemptions ................. 1/2/2005 ................. 74:36:04:04 .... Standard for issuance of operating permit. Timely and complete application for operating permit required. 1/2/2005 ................. 74:36:06 74:36:06:04 .... 74:36:06:06 .... Particulate emission restrictions for incinerators and waste wood burners. Stack performance test .......................... 1/2/2005 ................. 1/2/2005 ................. 1/2/2005 ................. Definitions .............................................. 1/2/2005 ................. 74:36:10:03.01 1/2/2005 ................. 74:36:10:07 .... New source review preconstruction permit required. New source review preconstruction permit. Determining credit for emission offsets 74:36:10:08 .... Projected actual emissions .................... 1/2/2005 ................. 74:36:10:09 .... Clean unit test for emission units subject to lowest achievable emission rate. Clean unit test for emission units comparable to lowest achievable emission rate. 1/2/2005 ................. 1/2/2005 ................. 1/2/2005 ................. 1/2/2005 ................. 74:36:11 74:36:11:01 .... Stack performance testing or other testing methods. Restrictions on visible emissions ........... 1/2/2005 ................. 74:36:12:03 .... Exceptions granted to alfalfa pelletizers or dehydrators. 1/2/2005 ................. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. Continuous Emission Monitoring Systems Minimum performance specifications for all continuous emission monitoring systems. Reporting requirements ......................... 1/2/2005 ................. [Insert Federal Register page number where the document begins and date]. 74:36:13:03 .... 1/2/2005 ................. 74:36:13:04 .... jlentini on PROD1PC65 with RULES 74:36:13:02 .... [Insert Federal Register page number where the document begins and date]. Control of Visible Emissions 74:36:12:01 .... 74:36:13 [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. Performance Testing 1/2/2005 ................. 74:36:12 [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. New Source Review 74:36:10:02 .... 74:36:10:10 .... [Insert Federal Register page number Except where the document begins and date]. 74:36:04:03.01, Minor permit variance, not in SIP. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. Regulated Air Pollutant Emissions 74:36:10 74:36:10:05 .... [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. Operating Permits for Minor Sources 74:36:04:03 .... 74:36:04:06 .... Notice to department of exceedance ..... 1/2/2005 ................. 74:36:13:06 .... Compliance certification ......................... 1/2/2005 ................. 74:36:13:07 .... Credible evidence .................................. 1/2/2005 ................. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. [Insert Federal Register page number where the document begins and date]. VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Explanations Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 46409 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations State citation Title/subject * EPA approval date and citation 1 State effective date * * * * * Explanations * 1 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. * * * * * DEPARTMENT OF COMMERCE [FR Doc. E6–13166 Filed 8–11–06; 8:45 am] BILLING CODE 6560–50–P National Oceanic and Atmospheric Administration 50 CFR Part 679 DEPARTMENT OF DEFENSE [Docket No. 060216045–6045–01; I.D. 080806G] Defense Acquisition Regulations System Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel Lottery in Areas 542 and 543 48 CFR Parts 212, 225, and 252 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule, notification of fishery assignments. AGENCY: RIN 0750-AF25 Defense Federal Acquisition Regulation Supplement; Contractor Personnel Authorized To Accompany U.S. Armed Forces (DFARS Case 2005–D013) Defense Acquisition Regulations System, Department of Defense (DoD). AGENCY: Interim rule; extension of comment period. ACTION: SUMMARY: DoD is extending the comment period for the interim rule published at 71 FR 34826 on June 16, 2006. The interim rule implements DoD policy regarding contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States. The comment period is extended to accommodate significant interest expressed with regard to the interim rule. The ending date for submission of comments is extended to September 18, 2006. DATES: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0328; facsimile (703) 602–0350. Please cite DFARS Case 2005–D013. jlentini on PROD1PC65 with RULES FOR FURTHER INFORMATION CONTACT: Michele P. Peterson, Editor, Defense Acquisition Regulations System. [FR Doc. E6–13280 Filed 8–11–06; 8:45 am] BILLING CODE 5001–08–P VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 SUMMARY: NMFS is notifying the owners and operators of registered vessels of their assignments for the 2006 B season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the harvest of the 2006 B season HLA limits established for areas 542 and 543 pursuant to the 2006 and 2007 harvest specifications for groundfish in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 9, 2006, until 1200 hrs, A.l.t., December 31, 2006. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. In accordance with § 679.20(a)(8)(iii)(A), owners and operators of vessels using trawl gear for directed fishing for Atka mackerel in the HLA are required to register with NMFS. Eleven vessels have registered with NMFS to fish in the B season HLA fisheries in areas 542 and/or 543. In order to reduce the amount of daily PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 catch in the HLA by about half and to disperse the fishery over time and in accordance with § 679.20(a)(8)(iii)(B), the Acting Administrator, Alaska Region, NMFS, has randomly assigned each vessel to the HLA directed fishery for Atka mackerel for which they have registered and is now notifying each vessel of its assignment. Vessels assigned to the first HLA directed fishery in area 542 in accordance with 50 CFR 679.20(a)(8)(iii) are as follows: Federal Fishery Permit number (FFP) 3400 Alaska Ranger, FFP 3819 Alaska Spirit, FFP 4093 Alaska Victory, FFP 3423 Alaska Warrior, FFP 4092 Constellation, and FFP 2800 U.S. Intrepid. Vessels assigned to the second HLA directed fishery in area 542 in accordance with 50 CFR 679.20(a)(8)(iii) are as follows: FFP 2443 Alaska Juris, FFP 1879 American No. 1, FFP 2134 Ocean Peace, FFP 3835 Seafisher, and FFP 2733 Seafreeze Alaska. Vessels assigned to the first HLA directed fishery in area 543 in accordance with 50 CFR 679.20(a)(8)(iii) are as follows: FFP 2443 Alaska Juris, FFP 2134 Ocean Peace, FFP 3835 Seafisher, and FFP 2733 Seafreeze Alaska. Vessels assigned to the second HLA directed fishery in area 543 in accordance with 50 CFR 679.20(a)(8)(iii) are as follows: FFP 3400 Alaska Ranger, FFP 3819 Alaska Spirit, FFP 4093 Alaska Victory, FFP 3423 Alaska Warrior, and FFP 4092 Constellation. Classification The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is unnecessary. This notice merely advises the owners of these vessels of the results of a random assignment required by regulation. The notice needs to occur immediately to notify the owner of each vessel of its assignment to allow these vessel owners to plan for participation in the B season HLA fisheries in areas 542 and/or 543. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of E:\FR\FM\14AUR1.SGM 14AUR1

Agencies

[Federal Register Volume 71, Number 156 (Monday, August 14, 2006)]
[Rules and Regulations]
[Pages 46403-46409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13166]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0604; FRL-8208-8]


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: Direct Final rule and NSPS Delegation.

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

SUMMARY: EPA is taking 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.

DATES: This rule is effective on October 13, 2006 without further 
notice, unless EPA receives adverse comment by September 13, 2006. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

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.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0604. 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. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm. For additional instructions on submitting 
comments, go to Section I. General Information of the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is

[[Page 46404]]

restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
https://www.regulations.gov or in hard copy at the Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, 999 18th 
Street, Suite 300, 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, Mailcode 8P-AR, Denver, CO 80202 (303) 312-
6144, dygowski.laurel@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Summary of SIP revision
III. Revisions to Delegated Programs
IV. Final Action
V. 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.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark 
the part or all of the information that you claim to be CBI. For CBI 
information in a disk or CD ROM that you mail to EPA, mark the outside 
of the disk or CD ROM as CBI and then identify electronically within 
the disk or CD ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Summary of SIP Revision

    On January 14, 2005, the State of South Dakota submitted revisions 
to its State Implementation Plan (SIP). The specific revisions to the 
SIP contained in the January 14, 2005 submittal are explained below. 
The January 14, 2005 submittal also contained revisions to other 
sections of the Administrative Rules of South Dakota (ARSD) that are 
not part of the SIP. This rule does not address revisions to ARSD 
74:36:05, 74:36:07, 74:36:08, or 74:36:16 that were part of the January 
14, 2005 submittal.

A. ARSD 74:36:01--Definitions

    ARSD 74:36:01 was revised to repeal the definitions for ``actual 
emissions'', ``major modification'', ``reconstruction of sources'', and 
``significant''. These terms pertain to federal programs that the State 
adopts by reference and the Federal programs define these terms. The 
State adopts by reference the definitions for actual emissions and 
major modification in ARSD 74:36:10:02, the definition for 
reconstruction of sources in ARSD 74:36:07:01 and 74:36:08:01, and 
significant in ARSD 7436:09:02. Therefore, the State is repealing these 
definitions and has adopted by reference the Federal definitions. The 
State is deleting the definitions for ``Part 70'' and ``reference 
method'' since they are not used anywhere in article 74:36, and is 
revising the definition for ``permit modification'' to reflect that the 
term permit modification pertains to both Part 70 operating permits and 
minor operating permits. The State has revised the definitions for 
``categories of sources'' and ``modification'' to make them equivalent 
to the federal definitions. In addition, the State has revised several 
definitions to update the incorporation of the Code of Federal 
Regulations (CFR) to the July 1, 2003 CFR and has made minor 
typographical corrections.

B. ARSD 74:36:02--Ambient Air Quality and ARSD 74:36:03--Air Quality 
Episodes

    The State has revised these sections to update the incorporation of 
the CFR to the July 1, 2003 CFR and has made minor typographical 
corrections.

C. ARSD 74:36:04--Operating Permits for Minor Sources

    Subsection 74:36:04:04 contains the standard that is used to issue 
an operating permit. Both a new source and a permit modification must 
demonstrate that it will not interfere with the attainment or 
maintenance of the National Ambient Air Quality Standards (NAAQS). The 
State has revised this subsection to include the term permit 
modification which was not previously included. The State has also 
revised this section to update the incorporation of the CFR to the July 
1, 2003 CFR and has made minor typographical corrections.

D. ARSD 74:36:06--Regulated Air Pollutant Emissions

    Subsection 74:36:06:04 pertains to particulate emission 
restrictions for incinerators and wood waste burners. The State is 
revising this section to include a reference to chapter 74:36:08 to 
include emission limits from this chapter that apply to incinerators. 
The State is also revising subsection 74:36:06:06, which identifies 
those units that emit enough air pollutants to warrant a stack 
performance test to ensure compliance with state and federal air 
emission limits. Prior to this revision, this subsection only 
identified new units and a major modification as having to perform a 
stack test. The State is revising this section by removing the term 
``major'' so that any modification will require a stack performance 
test to ensure compliance.

[[Page 46405]]

E. ARSD 74:36:10--New Source Review, ARSD 74:36:11--Performance 
Testing, ARSD 74:36:12--Control of Visible Emissions, and ARSD 
74:36:13--Continuous Emission Monitoring Systems

    The State has revised these sections to update the incorporation of 
the CFR to the July 1, 2003 CFR and has made minor typographical 
corrections.

III. Revisions to Delegated Programs

A. ARSD 74:36:07--New Source Performance Standards (NSPS)

    The January 14, 2005 submittal by the State updated the effective 
date of the incorporated by reference NSPS to July 1, 2003. EPA is 
announcing that on March 23, 2005, we updated the delegation of 
authority for the implementation and enforcement of the NSPS to the 
State. The March 23, 2005 letter of delegation to the State follows:

Steven M. Pirner, Secretary,
South Dakota Department of
Environment and Natural Resources,
523 East Capitol,
Pierre, SD 57501-3182.

    Dear Mr. Pirner:
    On January 14, 2005, the State submitted a revision to the Air 
Pollution Control Program for South Dakota. Specifically, the state 
revised its rules to incorporate the July 1, 2003 Code of Federal 
Regulations. This revision, in effect, updates the citation of the 
incorporated Federal New Source Performance Standards (NSPS) to July 
1, 2003.
    Subsequent to states adopting NSPS regulations, EPA delegates 
the authority for the implementation and enforcement of those NSPS, 
so long as the state's regulations are equivalent to the Federal 
regulations. EPA reviewed the pertinent statutes and regulations of 
the State of South Dakota and determined that they provide an 
adequate and effective procedure for the implementation and 
enforcement of the NSPS by the State of South Dakota. Therefore, 
pursuant to section 111(c) of the Clean Air Act (Act), as amended, 
and 40 CFR part 60, EPA hereby delegates its authority for the 
implementation and enforcement of the NSPS to the State of South 
Dakota as follows:
    (A) Responsibility for all sources located, or to be located, in 
the State of South Dakota subject to the standards of performance 
for new stationary sources promulgated in 40 CFR part 60. The 
categories of new stationary sources covered by this delegation are 
all NSPS subparts in 40 CFR part 60, as in effect on July 1, 2003. 
Note this delegation does not include the emission guidelines in 
subparts Cb, Cc, Cd, Ce, BBBB and DDDD. These subparts require state 
plans which are approved under a separate process pursuant to 
section 111(d) of the Act.
    (B) Not all authorities of NSPS can be delegated to states under 
section 111(c) of the Act, as amended. The EPA Administrator retains 
authority to implement those sections of the NSPS that require: (1) 
Approving equivalency determinations and alternative test methods, 
(2) decision making to ensure national consistency, and (3) EPA 
rulemaking to implement. Therefore, of the NSPS of 40 CFR part 60 
being delegated in this letter, the enclosure lists examples of 
sections in 40 CFR part 60 that cannot be delegated to the State of 
South Dakota.
    (C) The Department of Environment and Natural Resources (DENR) 
and EPA will continue a system of communication sufficient to 
guarantee that each office is always fully informed and current 
regarding compliance status of the subject sources and 
interpretation of the regulations.
    (D) Enforcement of the NSPS in the state will be the primary 
responsibility of the DENR. If the DENR determines that such 
enforcement is not feasible and so notifies EPA, or where the DENR 
acts in a manner inconsistent with the terms of this delegation, EPA 
may exercise its concurrent enforcement authority pursuant to 
section 113 of the Act, as amended, with respect to sources within 
the State of South Dakota subject to NSPS.
    (E) The State of South Dakota will at no time grant a variance 
or waiver from compliance with NSPS regulations. Should DENR grant 
such a variance or waiver, EPA will consider the source receiving 
such relief to be in violation of the applicable Federal regulation 
and initiate enforcement action against the source pursuant to 
section 113 of the Act. The granting of such relief by the DENR 
shall also constitute grounds for revocation of delegation by EPA.
    (F) If at anytime there is a conflict between a state regulation 
and a Federal regulation (40 CFR part 60), the Federal regulation 
must be applied if it is more stringent than that of the state. If 
the state does not have the authority to enforce the more stringent 
Federal regulation, this portion of the delegation may be revoked.
    (G) If the Regional Administrator determines that a state 
procedure for enforcing or implementing the NSPS is inadequate, or 
is not being effectively carried out, this delegation may be revoked 
in whole or part. Any such revocation shall be effective as of the 
date specified in a Notice of Revocation to the DENR.
    (H) Acceptance of this delegation of presently promulgated NSPS 
does not commit the State of South Dakota to accept delegation of 
future standards and requirements. A new request for delegation will 
be required for any standards not included in the state's request of 
January 14, 2005.
    (I) Upon approval of the Regional Administrator of EPA Region 
VIII, the Secretary of DENR may subdelegate his/her authority to 
implement and enforce the NSPS to local air pollution control 
authorities in the state when such authorities have demonstrated 
that they have equivalent or more stringent programs in force.
    (J) The State of South Dakota must require reporting of all 
excess emissions from any NSPS source in accordance with 40 CFR 
60.7(c).
    (K) Performance tests shall be scheduled and conducted in 
accordance with the procedures set forth in 40 CFR part 60 unless 
alternate methods or procedures are approved by the EPA 
Administrator. Although the Administrator retains the exclusive 
right to approve equivalent and alternate test methods as specified 
in 40 CFR 60.8(b)(2) and (3), the state may approve minor changes in 
methodology provided these changes are reported to EPA Region VIII. 
The Administrator also retains the right to change the opacity 
standard as specified in 40 CFR 60.11(e).
    (L) Determinations of applicability such as those specified in 
40 CFR 60.5 and 60.6 shall be consistent with those which have 
already been made by the EPA.
    (M) Alternatives to continuous monitoring procedures or 
reporting requirements, as outlined in 40 CFR 60.13(i), may be 
approved by the state with the prior concurrence of the Regional 
Administrator.
    (N) If a source proposes to modify its operation or facility 
which may cause the source to be subject to NSPS requirements, the 
state shall notify EPA Region VIII and obtain a determination on the 
applicability of the NSPS regulations.
    (O) Information shall be made available to the public in 
accordance with 40 CFR 60.9. Any records, reports, or information 
provided to, or otherwise obtained by, the state in accordance with 
the provisions of these regulations shall be made available to the 
designated representatives of EPA upon request.
    (P) All reports required pursuant to the delegated NSPS should 
not be submitted to the EPA Region VIII office, but rather to the 
DENR.
    (Q) As 40 CFR part 60 is updated, South Dakota should revise its 
regulations accordingly and in a timely manner and submit to EPA 
requests for updates to its delegation of authority.
    EPA is approving South Dakota's request for NSPS delegation for 
all areas within the State except for land within formal Indian 
reservations located within or abutting the State of South Dakota, 
including the: Cheyenne River Indian Reservation, Crow Creek Indian 
Reservation, Flandreau Indian Reservation, Lower Brule Indian 
Reservation, Pine Ridge Indian Reservation, Rosebud Indian 
Reservation, Standing Rock Indian Reservation, Yankton Indian 
Reservation, any land held in trust by the United States for an 
Indian tribe; and any other areas which are ``Indian Country'' 
within the meaning of 18 U.S.C. 1151.
    Since this delegation is effective immediately, there is no need 
for the state to notify the EPA of its acceptance. Unless we receive 
written notice of objections from you within ten days of the date on 
which you receive this letter, the State of South Dakota will be 
deemed to accept all the terms of this delegation. EPA will publish 
an information notice in the Federal Register in the near future to 
inform the public of this delegation, in which this letter will 
appear in its entirety.
    If you have any questions on this matter, please contact me or 
have your staff contact Richard Long, Director of our Air and 
Radiation Program. We can both be reached at (800) 227-8917.

Sincerely yours,


[[Page 46406]]


Robert E. Roberts
Regional Administrator
Enclosure cc: Brian Gustafson, Administrator, South Dakota Air 
Quality Program

Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective 
Through July 1, 2003, to the State of South Dakota

   Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
          40 CFR Subparts                        Section(s)
------------------------------------------------------------------------
A.................................  60.8(b)(2) and (b)(3), and those
                                     sections throughout the standards
                                     that reference 60.8(b)(2) and
                                     (b)(3); 60.11(b) and (e); and
                                     60.13(i).
Da................................  60.45a.
Db................................  60.44b(f), 60.44b(g) and
                                     60.49b(a)(4).
Dc................................  60.48c(a)(4).
Ec................................  60.56c(i), 60.8
J.................................  60.105(a)(13)(iii) and
                                     60.106(i)(12).
Ka................................  60.114a.
Kb................................  60.111b(f)(4), 60.114b,
                                     60.116b(e)(3)(iii),
                                     60.116b(e)(3)(iv), and
                                     60.116b(f)(2)(iii).
O.................................  60.153(e).
S.................................  60.195(b).
DD................................  60.302(d)(3).
GG................................  60.332(a)(3) and 60.335(a).
VV................................  60.482-1(c)(2) and 60.484.
WW................................  60.493(b)(2)(i)(A) and 60.496(a)(1).
XX................................  60.502(e)(6)
AAA...............................  60.531, 60.533, 60.534, 60.535,
                                     60.536(i)(2), 60.537, 60.538(e) and
                                     60.539.
BBB...............................  60.543(c)(2)(ii)(B).
DDD...............................  60.562-2(c).
GGG...............................  60.592(c).
III...............................  60.613(e).
JJJ...............................  60.623.
KKK...............................  60.634.
NNN...............................  60.663(f).
QQQ...............................  60.694.
RRR...............................  60.703(e).
SSS...............................  60.711(a)(16), 60.713(b)(1)(i) and
                                     (ii), 60.713(b)(5)(i), 60.713(d),
                                     60.715(a) and 60.716.
TTT...............................  60.723(b)(1), 60.723(b)(2)(i)(C),
                                     60.723(b)(2)(iv), 60.724(e) and
                                     60.725(b).
VVV...............................  60.743(a)(3)(v)(A) and (B),
                                     60.743(e), 60.745(a) and 60.746.
WWW...............................  60.754(a)(5).
CCCC..............................  60.2030(c) identifies authorities in
                                     Subpart CCCC that cannot be
                                     delegated to the State.
------------------------------------------------------------------------

B. ARSD 74:36:09--Prevention of Significant Deterioration (PSD)

    On July 6, 1994, EPA delegated the authority to South Dakota to 
implement and enforce the Federal PSD permitting regulations (see 59 
FR 47260). In order to maintain their delegation for the 
implementation and enforcement of the PSD program, the State has 
made revisions to ARSD 74:36:09 to make it equivalent to EPA's 
regulations. The State has revised this chapter by removing the 
references to Federal Register notices published after July 1, 2002 
and adding references to the July 1, 2003 CFR. The delegation of the 
PSD program to the State still carries the same terms of delegation 
as outlined in the 1994 Federal Register notice (59 FR 47260). In 
delegating the PSD program to the State, the State agrees to follow 
EPA's interpretations of the regulations, as articulated in 
regulatory preambles, guidance, and other Agency statements.

IV. Final Action

    EPA is approving revisions to the South Dakota SIP submitted by 
the State on January 14, 2005. The revisions we are approving are 
revisions to ARSD 74:36:01, 73:36:02, 74:36:03, 74:36:04, 74:36:06, 
74:36:10, 74:36:11, 74:36:12, and 74:36:13. We are approving 
revisions to the delegated PSD program in ARSD 74:36:09. We are also 
announcing that on March 23, 2005, we updated the delegation of 
authority for the implementation and enforcement of the NSPS to the 
State of South Dakota.
    Section 110(l) of the Clean Air Act states that a SIP revision 
cannot be approved if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress towards attainment of the NAAQS or any other applicable 
requirements of the Act. The South Dakota SIP revisions that are the 
subject of this document do not interfere with the maintenance of 
the NAAQS or any other applicable requirement of the Act because of 
the following: (1) The revisions to the SIP meet Federal 
requirements and allow the State to include the most recent version 
of Federal regulations; and (2) the NSPS delegation meets the 
requirements of section 111(c) of the CAA and 40 CFR part 60. 
Therefore, section 110(l) requirements are satisfied.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the ``Proposed Rules'' section of 
today's Federal Register publication, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision 
if adverse comments are filed. This rule will be effective October 
13, 2006 without further notice unless the Agency receives adverse 
comments by September 13, 2006. If the EPA receives adverse 
comments, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. 
EPA will address all public comments in a subsequent final rule 
based on the proposed rule. The 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.

V. Statutory and Executive Order Review

    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 state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule

[[Page 46407]]

approves pre-existing requirements under state law 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 state rule 
implementing a Federal standard, 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.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
In this context, in the absence of a prior existing requirement for 
the State to use voluntary consensus standards (VCS), EPA has no 
authority to disapprove a SIP submission for failure to use VCS. It 
would thus be inconsistent with applicable law for EPA, when it 
reviews a SIP submission, to use VCS in place of a SIP submission 
that otherwise satisfies the provisions of the Clean Air Act. Thus, 
the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not 
apply. This rule 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 October 13, 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 1, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart QQ--South Dakota

0
2. In Sec.  52.2170, the table in paragraph (c) is amended by revising 
the entries for chapters 74:36:01, 73:36:02, 74:36:03, 74:36:04, 
74:36:06, 74:36:10, 74:36:11, 74:36:12, and 74:36:13 of the 
Administrative Rules of South Dakota to read as follows:


Sec.  52.2170  Identification of plan.

* * * * *
    (c) EPA approved regulations.

----------------------------------------------------------------------------------------------------------------
                                                  State effective     EPA approval date and
   State citation           Title/subject               date               citation \1\          Explanations
----------------------------------------------------------------------------------------------------------------
                                              74:36:01 Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01.........  Definitions               1/2/2005...........  [Insert Federal
                       74:36:01:01(1)-(76),                           Register page number
                       (78) and (79).                                 where the document
                                                                      begins and date].
74:36:01:02.........  Actual emissions defined  Repealed--1/2/2005.  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:05.........  Applicable requirements   1/2/2005...........  [Insert Federal
                       of Clean Air Act                               Register page number
                       defined.                                       where the document
                                                                      begins and date].
74:36:01:07.........  Major modification        Repealed--1/2/2005.  [Insert Federal
                       defined.                                       Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:09.........  Categories of sources     1/2/2005...........  [Insert Federal
                       defined.                                       Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:10.........  Modification defined....  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:14.........  Reconstruction of         Repealed--1/2/2005.  [Insert Federal
                       sources defined.                               Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:16.........  Responsible official      1/2/2005...........  [Insert Federal
                       defined.                                       Register page number
                                                                      where the document
                                                                      begins and date].
73:36:01:17.........  Significant defined.....  Repealed--1/2/2005.  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:20.........  Physical change or        1/2/2005...........  [Insert Federal
                       change in the method of                        Register page number
                       operation.                                     where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                          74:36:02 Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
74:36:02:02.........  Ambient air quality       1/2/2005...........  [Insert Federal
                       standards.                                     Register page number
                                                                      where the document
                                                                      begins and date].
74:36:02:03.........  Methods of sampling and   1/2/2005...........  [Insert Federal
                       analysis.                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:02:04.........  Air quality monitoring    1/2/2005...........  [Insert Federal
                       network.                                       Register page number
                                                                      where the document
                                                                      begins and date].

[[Page 46408]]

 
74:36:02:05.........  Ambient air monitoring    1/2/2005...........  [Insert Federal
                       requirements.                                  Register page number
                                                                      where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                          74:36:03 Air Quality Episodes
----------------------------------------------------------------------------------------------------------------
74:36:03:01.........  Air pollution emergency   1/2/2005...........  [Insert Federal
                       episode.                                       Register page number
                                                                      where the document
                                                                      begins and date].
74:36:03:02.........  Episode emergency         1/2/2005...........  [Insert Federal
                       contingency plan.                              Register page number
                                                                      where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                  74:36:04 Operating Permits for Minor Sources
----------------------------------------------------------------------------------------------------------------
74:36:04:03.........  Operating permit          1/2/2005...........  [Insert Federal          Except
                       exemptions.                                    Register page number     74:36:04:03.01,
                                                                      where the document       Minor permit
                                                                      begins and date].        variance, not in
                                                                                               SIP.
74:36:04:04.........  Standard for issuance of  1/2/2005...........  [Insert Federal
                       operating permit.                              Register page number
                                                                      where the document
                                                                      begins and date].
74:36:04:06.........  Timely and complete       1/2/2005...........  [Insert Federal
                       application for                                Register page number
                       operating permit                               where the document
                       required.                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                   74:36:06 Regulated Air Pollutant Emissions
----------------------------------------------------------------------------------------------------------------
74:36:06:04.........  Particulate emission      1/2/2005...........  [Insert Federal
                       restrictions for                               Register page number
                       incinerators and waste                         where the document
                       wood burners.                                  begins and date].
74:36:06:06.........  Stack performance test..  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                           74:36:10 New Source Review
----------------------------------------------------------------------------------------------------------------
74:36:10:02.........  Definitions.............  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:10:03.01......  New source review         1/2/2005...........  [Insert Federal
                       preconstruction permit                         Register page number
                       required.                                      where the document
                                                                      begins and date].
74:36:10:05.........  New source review         1/2/2005...........  [Insert Federal
                       preconstruction permit.                        Register page number
                                                                      where the document
                                                                      begins and date].
74:36:10:07.........  Determining credit for    1/2/2005...........  [Insert Federal
                       emission offsets.                              Register page number
                                                                      where the document
                                                                      begins and date].
74:36:10:08.........  Projected actual          1/2/2005...........  [Insert Federal
                       emissions.                                     Register page number
                                                                      where the document
                                                                      begins and date].
74:36:10:09.........  Clean unit test for       1/2/2005...........  [Insert Federal
                       emission units subject                         Register page number
                       to lowest achievable                           where the document
                       emission rate.                                 begins and date].
74:36:10:10.........  Clean unit test for       1/2/2005...........  [Insert Federal
                       emission units                                 Register page number
                       comparable to lowest                           where the document
                       achievable emission                            begins and date].
                       rate.
----------------------------------------------------------------------------------------------------------------
                                          74:36:11 Performance Testing
----------------------------------------------------------------------------------------------------------------
74:36:11:01.........  Stack performance         1/2/2005...........  [Insert Federal
                       testing or other                               Register page number
                       testing methods.                               where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                      74:36:12 Control of Visible Emissions
----------------------------------------------------------------------------------------------------------------
74:36:12:01.........  Restrictions on visible   1/2/2005...........  [Insert Federal
                       emissions.                                     Register page number
                                                                      where the document
                                                                      begins and date].
74:36:12:03.........  Exceptions granted to     1/2/2005...........  [Insert Federal
                       alfalfa pelletizers or                         Register page number
                       dehydrators.                                   where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                 74:36:13 Continuous Emission Monitoring Systems
----------------------------------------------------------------------------------------------------------------
74:36:13:02.........  Minimum performance       1/2/2005...........  [Insert Federal
                       specifications for all                         Register page number
                       continuous emission                            where the document
                       monitoring systems.                            begins and date].
74:36:13:03.........  Reporting requirements..  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:13:04.........  Notice to department of   1/2/2005...........  [Insert Federal
                       exceedance.                                    Register page number
                                                                      where the document
                                                                      begins and date].
74:36:13:06.........  Compliance certification  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:13:07.........  Credible evidence.......  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
 

[[Page 46409]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

* * * * *
 [FR Doc. E6-13166 Filed 8-11-06; 8:45 am]
BILLING CODE 6560-50-P
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