Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 and 2006 PM2.5, 4799-4801 [2015-01613]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations
List of Subjects in 40 CFR Part 52
(1) Sacramento Regional 8-Hour
Ozone Attainment and Reasonable
Further Progress Plan (2013 SIP
Revisions), September 26, 2013,
including appendices.
(2) Supplemental information, titled
‘‘Sacramento Federal Ozone
Nonattainment Area, July 24, 2014,’’ for
Appendix F–1 (‘‘Vehicle Miles Traveled
Offset Demonstration’’) of the
Sacramento Regional 8-Hour Ozone
Attainment and Reasonable Further
Progress Plan (2013 SIP Revisions).
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental
regulations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 9, 2015.
Jared Blumenfeld,
Regional Administrator, EPA Region 9.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
[FR Doc. 2015–01609 Filed 1–28–15; 8:45 am]
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for Part 52
continues to read as follows:
[EPA–R08–OAR–2011–0725, FRL–9922–04–
Region 8]
BILLING CODE 6560–50–P
40 CFR Part 52
■
Authority: 42 U.S.C. 7401 et seq.
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. 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, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Abby Fulton, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, 303–312–6563,
fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
2. Section 52.220 is amended by
adding paragraphs (c)(450), (c)(451) and
(c)(452) to read as read as follows:
Promulgation of State Implementation
Plan Revisions; Infrastructure
Requirements for the 1997 and 2006
PM2.5, 2008 Lead, 2008 Ozone, and
2010 NO2 National Ambient Air Quality
Standards; South Dakota
Table of Contents
§ 52.220
AGENCY:
Environmental Protection
Agency.
ACTION: Final rule.
I. Background
Subpart F—California
■
Identification of plan.
*
tkelley on DSK3SPTVN1PROD with RULES
4799
*
*
*
*
(c) * * *
(450) The following plan was
submitted on February 24, 2006 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials.
(A) Sacramento Metro 1997 EightHour Ozone Planning Area.
(1) Sacramento Regional
Nonattainment Area 8-Hour Ozone
Rate-of-Progress Plan, Final Draft,
December 2005.
(451) The following plan was
submitted on April 17, 2009 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials.
(A) Sacramento Metro 1997 EightHour Ozone Planning Area.
(1) Sacramento Regional 8-Hour
Ozone Attainment and Reasonable
Further Progress Plan (With Errata
Sheets Incorporated), March 26, 2009
(Reasonable further progress
demonstration and related contingency
demonstration for milestone year 2011
as presented in chapter 13 (‘‘Reasonable
Further Progress Demonstrations’’)
only).
(452) The following plan was
submitted on December 31, 2013 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials.
(A) Sacramento Metro 1997 EightHour Ozone Planning Area.
VerDate Sep<11>2014
17:12 Jan 28, 2015
Jkt 235001
The Environmental Protection
Agency (EPA) is approving elements of
State Implementation Plan (SIP)
revisions from the State of South Dakota
to demonstrate the State meets
infrastructure requirements of the Clean
Air Act (CAA) for the National Ambient
Air Quality Standards (NAAQS)
promulgated for fine particulate matter
(PM2.5) on July 18, 1997 and October 17,
2006; lead (Pb) on October 15, 2008;
ozone on March 12, 2008; and nitrogen
dioxide (NO2) on January 22, 2010. EPA
is also approving SIP revisions the State
submitted updating the Prevention of
Significant Deterioration (PSD) program
and provisions regarding state boards.
Section 110(a) of the CAA requires that
each state submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA.
DATES: This rule is effective on March 2,
2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2011–0725. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
SUMMARY:
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review
Infrastructure requirements for SIPs
are provided in section 110(a)(1) and (2)
of the CAA. Section 110(a)(2) lists the
specific infrastructure elements that a
SIP must contain or satisfy. The
elements that are the subject of this
action are described in detail in our
notice of proposed rulemaking (NPR)
published on December 1, 2014 (79 FR
71040).
The NPR proposed approval of South
Dakota’s submissions with respect to the
following infrastructure elements for the
1997 and 2006 PM2.5, 2008 Pb, 2008
ozone, and 2010 NO2 NAAQS: CAA
110(a)(2) (A), (B), (C) with respect to
minor new source review (NSR) and
PSD requirements, (D)(i)(II) prongs 3
and 4, (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). The reasons for our
approval are provided in detail in the
NPR.
For reasons explained in the NPR,
EPA also proposed to approve revisions
to the Administrative Rules of South
Dakota (ARSD) 74:36:09 submitted on
July 29, 2013, which incorporate by
reference the requirements of EPA’s
September 29, 2010 PM2.5 Increment
Rule. Specifically, we proposed to
approve the adoption of the text of 40
CFR 52.21, paragraphs (b)(14)(i),(ii),(iii),
(b)(15)(i),(ii), and paragraph (c) as they
existed on July 1, 2012 by approving
revisions to: ARSD 74:34:09:02
E:\FR\FM\29JAR1.SGM
29JAR1
4800
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations
(Prevention of significant deterioration)
and 74:36:09:03 (Public participation).
For reasons explained in the NPR,
EPA proposed approval of revisions to
ARSD 74:09 and the South Dakota
Codified Laws (SDCL) 1–40–25.1
submitted on June 11, 2014 to satisfy
requirements of element (E)(ii), state
boards. Finally, EPA proposed approval
of D(i)(I) prongs 1 and 2 for the 2006
PM2.5, 2008 Pb, and 2010 NO2 NAAQS.
EPA will act separately on infrastructure
element (D)(i)(I), interstate transport for
the 2008 ozone NAAQS.
II. Response to Comments
No comments were received on our
December 1, 2014 NPR.
tkelley on DSK3SPTVN1PROD with RULES
III. Final Action
EPA is approving the following
infrastructure elements for the 1997 and
2006 PM2.5, 2008 Pb, 2008 ozone, and
2010 NO2 NAAQS: CAA 110(a)(2) (A),
(B), (C) with respect to minor NSR and
PSD requirements, (D)(i)(II) prongs 3
and 4, (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). EPA is also approving
revisions to ARSD 74:36:09 submitted
on July 29, 2013, which incorporate by
reference the requirements of EPA’s
September 29, 2010 PM2.5 Increment
Rule. Specifically, we are approving the
adoption of the text of 40 CFR 52.21,
paragraphs (b)(14)(i),(ii),(iii),
(b)(15)(i),(ii), and paragraph (c) as they
existed on July 1, 2012 by approving
revisions to: ARSD 74:36:09:02
(Prevention of significant deterioration)
and 74:36:09:03 (Public participation).
EPA is also approving revisions to
ARSD 74:09 and SDCL 1–40–25.1
submitted on June 11, 2014 to satisfy
requirements of element (E)(ii), state
boards. Finally, EPA is approving D(i)(I)
prongs 1 and 2 for the 2006 PM2.5, 2008
Pb, and 2010 NO2 NAAQS. EPA will act
separately on infrastructure element
(D)(i)(I), interstate transport for the 2008
ozone NAAQS.
IV. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations
(42 U.S.C. 7410(k), 40 CFR 52.02(a)).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves some state law as
meeting Federal requirements and
disapproves other state law because it
does not meet federal requirements; this
action does not impose additional
requirements beyond those imposed by
state law. For that reason, this action:
VerDate Sep<11>2014
16:36 Jan 28, 2015
Jkt 235001
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
Oct. 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, Aug. 10,
1999); is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and,
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, Feb. 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
Nov. 9, 2000), because the SIP is not
approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
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 March 30, 2015.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds, Incorporation by
reference.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 14, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
PART 52 APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart QQ—South Dakota
2. Section 52.2170 is amended:
a. In paragraph (c)(1) by:
■ i. Adding a new centered heading for
‘‘74:09:01 Contested Case Procedure’’ in
numerical order and the table entries
‘‘74:09:01:20’’ and ‘‘74:09:01:21’’ in
numerical order;
■ ii. Revising the table entries for
‘‘74:36:09:02’’ and ‘‘74:36:09:03’’; and
■ b. In the table in paragraph (e) by
adding the entries ‘‘XIV’’, ‘‘XV’’, ‘‘XVI’’,
‘‘XVII’’, and ‘‘XVIII’’ in numerical order.
The revised and added text read as
follows:
■
■
§ 52.2170
*
Identification of plan.
*
*
(c) * * *
(1) * * *
E:\FR\FM\29JAR1.SGM
29JAR1
*
*
4801
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations
State citation
State
effective
date
Title/subject
EPA approval date and citation 1
Explanations
74:09:01 Contested Case Procedure
74:09:01:20 ..................................
Board member conflict of interest
5/29/2014
74:09:01:21 ..................................
Board member potential conflicts
of interests.
5/29/2014
*
*
*
1/29/2015, [insert Federal Register citation].
1/29/2015, [insert Federal Register citation].
*
*
*
*
74:36:09 Prevention of Significant Deterioration
*
*
74:36:09:02 ..................................
74:36:09:03 ..................................
*
*
Prevention of significant deterioration.
Public participation ......................
*
*
*
6/25/2013
6/25/2013
*
*
1/29/2015, [insert Federal Register citation].
1/29/2015, [insert Federal Register citation].
*
*
*
*
*
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.
*
*
*
*
*
(e) * * *
Name of nonregulatory
SIP provision
Applicable geographic
or non-attainment
area
State submittal date/
adopted date
*
XIV. Section 110(a)(2)
Infrastructure Requirements for the
1997 and 2006
PM2.5 NAAQS.
XV. Section 110(a)(2)
Infrastructure Requirements for the
2008 Lead NAAQS.
XVI. Section 110(a)(2)
Infrastructure Requirements for the
2008 8-hour Ozone
NAAQS.
XVII. Section 110(a)(2)
Infrastructure Requirements for the
2010 NO2 NAAQS.
XVIII. SDCL (South
Dakota Codified
Laws), 1–40–25.1.
*
Statewide ...................
*
*
*
Submitted: 5/20/2008
1/29/2015, [insert
and 03/04/2011.
Federal Register
citation].
Statewide ...................
Submitted: 10/10/2012
1/29/2015, [insert
Federal Register
citation].
Statewide ...................
Submitted: 5/21/13 ....
1/29/2015, [insert
Federal Register
citation].
Statewide ...................
Submitted: 10/23/13 ..
1/29/2015, [insert
Federal Register
citation].
Statewide ...................
Submitted: 6/11/2014
1/29/2015, [insert
Federal Register
citation].
EPA approval date
and citation 5
Explanations
*
*
Excluding 110(D)(i)(I), interstate transport for
the 2008 Ozone NAAQS which will be
acted on separately.
Source: SL 1995, ch 318 (Ex. Ord. 95–2),
§ 15.
5 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in the column for the particular provision.
[FR Doc. 2015–01613 Filed 1–28–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 84
tkelley on DSK3SPTVN1PROD with RULES
[Docket Number CDC–2015–0004; NIOSH–
280]
RIN 0920–AA60
Closed-Circuit Escape Respirators;
Extension of Transition Period
Centers for Disease Control and
Prevention, HHS.
AGENCY:
VerDate Sep<11>2014
16:36 Jan 28, 2015
Jkt 235001
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
ACTION:
Interim final rule.
In March 2012, the
Department of Health and Human
Services (HHS) published a final rule
establishing new standards for the
certification of closed-circuit escape
respirators (CCERs) by the National
Institute for Occupational Safety and
Health (NIOSH) within the Centers for
Disease Control and Prevention (CDC).
The new standards were designed to
take effect over a 3-year transition
period. HHS has determined that
SUMMARY:
E:\FR\FM\29JAR1.SGM
29JAR1
]]>Agencies
[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4799-4801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01613]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2011-0725, FRL-9922-04-Region 8]
Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 1997 and 2006 PM2.5,
2008 Lead, 2008 Ozone, and 2010 NO2 National Ambient Air
Quality Standards; South Dakota
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) revisions from the State of
South Dakota to demonstrate the State meets infrastructure requirements
of the Clean Air Act (CAA) for the National Ambient Air Quality
Standards (NAAQS) promulgated for fine particulate matter
(PM2.5) on July 18, 1997 and October 17, 2006; lead (Pb) on
October 15, 2008; ozone on March 12, 2008; and nitrogen dioxide
(NO2) on January 22, 2010. EPA is also approving SIP
revisions the State submitted updating the Prevention of Significant
Deterioration (PSD) program and provisions regarding state boards.
Section 110(a) of the CAA requires that each state submit a SIP for the
implementation, maintenance, and enforcement of each NAAQS promulgated
by EPA.
DATES: This rule is effective on March 2, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2011-0725. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Air Program, Environmental
Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129. 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, 8:00 a.m. to 4:00 p.m., excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563,
fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review
I. Background
Infrastructure requirements for SIPs are provided in section
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific
infrastructure elements that a SIP must contain or satisfy. The
elements that are the subject of this action are described in detail in
our notice of proposed rulemaking (NPR) published on December 1, 2014
(79 FR 71040).
The NPR proposed approval of South Dakota's submissions with
respect to the following infrastructure elements for the 1997 and 2006
PM2.5, 2008 Pb, 2008 ozone, and 2010
NO2 NAAQS: CAA 110(a)(2) (A), (B), (C) with respect to minor
new source review (NSR) and PSD requirements, (D)(i)(II) prongs 3 and
4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The reasons for
our approval are provided in detail in the NPR.
For reasons explained in the NPR, EPA also proposed to approve
revisions to the Administrative Rules of South Dakota (ARSD) 74:36:09
submitted on July 29, 2013, which incorporate by reference the
requirements of EPA's September 29, 2010 PM2.5 Increment
Rule. Specifically, we proposed to approve the adoption of the text of
40 CFR 52.21, paragraphs (b)(14)(i),(ii),(iii), (b)(15)(i),(ii), and
paragraph (c) as they existed on July 1, 2012 by approving revisions
to: ARSD 74:34:09:02
[[Page 4800]]
(Prevention of significant deterioration) and 74:36:09:03 (Public
participation).
For reasons explained in the NPR, EPA proposed approval of
revisions to ARSD 74:09 and the South Dakota Codified Laws (SDCL) 1-40-
25.1 submitted on June 11, 2014 to satisfy requirements of element
(E)(ii), state boards. Finally, EPA proposed approval of D(i)(I) prongs
1 and 2 for the 2006 PM2.5, 2008 Pb, and 2010 NO2
NAAQS. EPA will act separately on infrastructure element (D)(i)(I),
interstate transport for the 2008 ozone NAAQS.
II. Response to Comments
No comments were received on our December 1, 2014 NPR.
III. Final Action
EPA is approving the following infrastructure elements for the 1997
and 2006 PM2.5, 2008 Pb, 2008 ozone, and 2010 NO2
NAAQS: CAA 110(a)(2) (A), (B), (C) with respect to minor NSR and PSD
requirements, (D)(i)(II) prongs 3 and 4, (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M). EPA is also approving revisions to ARSD
74:36:09 submitted on July 29, 2013, which incorporate by reference the
requirements of EPA's September 29, 2010 PM2.5 Increment
Rule. Specifically, we are approving the adoption of the text of 40 CFR
52.21, paragraphs (b)(14)(i),(ii),(iii), (b)(15)(i),(ii), and paragraph
(c) as they existed on July 1, 2012 by approving revisions to: ARSD
74:36:09:02 (Prevention of significant deterioration) and 74:36:09:03
(Public participation). EPA is also approving revisions to ARSD 74:09
and SDCL 1-40-25.1 submitted on June 11, 2014 to satisfy requirements
of element (E)(ii), state boards. Finally, EPA is approving D(i)(I)
prongs 1 and 2 for the 2006 PM2.5, 2008 Pb, and 2010
NO2 NAAQS. EPA will act separately on infrastructure element
(D)(i)(I), interstate transport for the 2008 ozone NAAQS.
IV. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves some state law as meeting Federal requirements
and disapproves other state law because it does not meet federal
requirements; this action does not impose additional requirements
beyond those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, Oct. 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, Aug. 10, 1999); is not an
economically significant regulatory action based on health or safety
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, Feb. 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, Nov. 9, 2000), because
the SIP is not approved to apply in Indian country located in the
state, and EPA notes that it will not impose substantial direct costs
on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the 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 March 30, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds,
Incorporation by reference.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 14, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read as follows:
PART 52 APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. Section 52.2170 is amended:
0
a. In paragraph (c)(1) by:
0
i. Adding a new centered heading for ``74:09:01 Contested Case
Procedure'' in numerical order and the table entries ``74:09:01:20''
and ``74:09:01:21'' in numerical order;
0
ii. Revising the table entries for ``74:36:09:02'' and ``74:36:09:03'';
and
0
b. In the table in paragraph (e) by adding the entries ``XIV'', ``XV'',
``XVI'', ``XVII'', and ``XVIII'' in numerical order.
The revised and added text read as follows:
Sec. 52.2170 Identification of plan.
* * * * *
(c) * * *
(1) * * *
[[Page 4801]]
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date and citation \1\
----------------------------------------------------------------------------------------------------------------
74:09:01 Contested Case Procedure
----------------------------------------------------------------------------------------------------------------
74:09:01:20.................... Board member 5/29/2014 1/29/2015, ............................
conflict of [insert Federal
interest. Register
citation].
74:09:01:21.................... Board member 5/29/2014 1/29/2015, ............................
potential [insert Federal
conflicts of Register
interests. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:09 Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:09:02.................... Prevention of 6/25/2013 1/29/2015, ............................
significant [insert Federal
deterioration. Register
citation].
74:36:09:03.................... Public 6/25/2013 1/29/2015, ............................
participation. [insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or non- State submittal EPA approval date Explanations
provision attainment area date/adopted date and citation \5\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
XIV. Section 110(a)(2) Statewide........ Submitted: 5/20/ 1/29/2015, ......................
Infrastructure Requirements 2008 and 03/04/ [insert Federal
for the 1997 and 2006 PM2.5 2011. Register
NAAQS. citation].
XV. Section 110(a)(2) Statewide........ Submitted: 10/10/ 1/29/2015, ......................
Infrastructure Requirements 2012. [insert Federal
for the 2008 Lead NAAQS. Register
citation].
XVI. Section 110(a)(2) Statewide........ Submitted: 5/21/ 1/29/2015, Excluding
Infrastructure Requirements 13. [insert Federal 110(D)(i)(I),
for the 2008 8-hour Ozone Register interstate transport
NAAQS. citation]. for the 2008 Ozone
NAAQS which will be
acted on separately.
XVII. Section 110(a)(2) Statewide........ Submitted: 10/23/ 1/29/2015, ......................
Infrastructure Requirements 13. [insert Federal
for the 2010 NO2 NAAQS. Register
citation].
XVIII. SDCL (South Dakota Statewide........ Submitted: 6/11/ 1/29/2015, Source: SL 1995, ch
Codified Laws), 1-40-25.1. 2014. [insert Federal 318 (Ex. Ord. 95-2),
Register Sec. 15.
citation].
----------------------------------------------------------------------------------------------------------------
\5\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in the column for the particular provision.
[FR Doc. 2015-01613 Filed 1-28-15; 8:45 am]
BILLING CODE 6560-50-P
