Approval and Promulgation of Air Quality Implementation Plans; South Dakota; Revisions to South Dakota Administrative Code, 40952-40954 [2015-17257]
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40952
Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules
John
Hackett, Acting Director; Office of
Information Programs and Services,
A/GIS/IPS; Department of State, SA–2;
515 22nd Street NW., Washington, DC
20522–8001, or at Privacy@state.gov.
FOR FURTHER INFORMATION CONTACT:
The
Department of State maintains the
Records Maintained by the Office of
Civil Rights system of records. The
primary purpose of this system of
records is for the investigation,
processing, and resolution of informal
and formal complaints of discrimination
filed against the Department of State in
accordance with 29 CFR part 1614 and
the Department’s internal procedures for
addressing Equal Employment
Opportunity (EEO) complaints; and for
the investigation, processing and
resolution of complaints of
discrimination under 42 U.S.C. 2000d
and complaints under 20 U.S.C. 1681,
29 U.S.C. 794 and 794d, 42 U.S.C. 6101,
29 U.S.C. 621, and 36 CFR chapter XI.
The Department of State is issuing
this document as a proposal to amend
22 CFR part 171 to exempt portions of
the Records Maintained by the Office of
Civil Rights system of records from the
Privacy Act subsections (c)(3);(d); (e)(1);
(e)(4)(G), (H), and (I); and (f) of the
Privacy Act pursuant to 5 U.S.C.
552a(k)(5) to the extent that the system
contains investigatory material
compiled for law enforcement purposes,
and (k)(6) to the extent that it contains
testing or examination material used
solely to determine individual
qualifications for appointment or
promotion in the Federal service.
SUPPLEMENTARY INFORMATION:
List of Subjects in 22 CFR Part 171
Privacy.
For the reasons stated in the
preamble, 22 CFR part 171 is proposed
to be amended as follows:
PART 171—AVAILABILITY OF
INFORMATION AND RECORDS TO
THE PUBLIC
1. The authority citation for part 171
continues to read as follows:
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■
Authority: 5 U.S.C. 552, 552a; 22 U.S.C.
2651a; Pub. L. 95–521, 92 Stat. 1824, as
amended; E.O. 13526, 75 FR 707; E.O. 12600,
52 FR 23781, 3 CFR, 1987 Comp., p. 235.
§ 171.36
[Amended]
2. Section 171.36 is amended by
adding an entry, in alphabetical order,
for ‘‘Records Maintained by the Office of
■
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Civil Rights, State-09’’ to the lists in
paragraphs (b)(5) and (6).
Joyce A. Barr,
Assistant Secretary for Administration, U.S.
Department of State.
[FR Doc. 2015–17227 Filed 7–13–15; 8:45 am]
BILLING CODE 4710–10–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2014–0916; FRL–9930–46–
Region–8]
Approval and Promulgation of Air
Quality Implementation Plans; South
Dakota; Revisions to South Dakota
Administrative Code
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of
South Dakota on July 29, 2013. This SIP
submission revises the Administrative
Rules of South Dakota (ARSD) Article
74:36—Air Pollution Control Program.
These revisions include grammatical
changes, renumbering, revisions to the
date of incorporation by reference of the
federal regulations referenced
throughout ARSD Article 74:36, and
removal of obsolete language regarding
variance provisions and clean units. A
cross-walk table, which details each
individual rule revision in Article 74:36,
and the actions EPA is proposing on
those revisions, is included in the
docket for this rulemaking. EPA is also
proposing to clarify a final rule issued
on January 29, 2015 pertaining to South
Dakota’s infrastructure SIP. This action
is being taken in accordance with
section 110 of the Clean Air Act (CAA).
DATES: Comments must be received on
or before August 13, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification Number EPA–R08–OAR–
2014–0916. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information the disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
the hard copy form. Publicly available
docket materials are available either
SUMMARY:
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electronically through https://
www.regulations.gov or in hard copy at
EPA Region 8, Office of Partnership and
Regulatory Assistance, Air Program,
1595 Wynkoop Street, Denver,
Colorado, 80202–1129. The EPA
requests that you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 a.m.–4:00 p.m.,
excluding federal holidays. An
electronic copy of the state’s SIP
compilation is also available at https://
www.epa.gov/region8/air/sip.html.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop, Denver, Colorado 80202–
1129, (303) 312–7104, clark.adam@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
What should I consider as I prepare my
comments for EPA?
1. Submitting Confidential Business
Information (CBI). Do not submit CBI to
EPA through www.regulations.gov or
email. 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:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• 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.
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
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Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
II. Background
South Dakota’s June 29, 2013,
submittal covers the following rule
changes: (1) Removal of obsolete
language regarding variance provisions
and clean units, and renumbering to
reflect the deletions; and (2) Revisions
to the date of federal regulations
referenced throughout ARSD Article
74:36 to July 1, 2012. A cross-walk table,
which identifies the proposed rule
revisions in Article 74:36 specifically,
and the action EPA is proposing to take
on those revisions, is included in the
docket for this rulemaking.
South Dakota’s June 29, 2013
submittal also requests EPA approval of
rule revisions for provisions that are not
required to be included in SIPs under
section 110 of the Clean Air Act (CAA),
most notably additions to the State’s
New Source Performance Standards
(NSPS) and National Emissions
Standards for Hazardous Air Pollutants
(NESHAPs). These revisions, which
EPA is not proposing action on, are
outlined in the cross-walk table located
in the docket for this rulemaking.
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III. What action is EPA taking?
EPA is proposing to approve most
revisions of South Dakota’s July 29,
2013 submittal as outlined in Section II.
of this rulemaking that were not acted
on previously. An overview of EPA’s
proposed approval of each section is
described below. The excepted
revisions, on which EPA will not take
action, are also described below.
74:36:01:01 (Definitions)
EPA is proposing to approve all
changes in this section as outlined in
the crosswalk table (see docket). These
changes specifically remove the term
‘‘variance’’ previously included in the
definitions of ‘‘existing source’’ and
‘‘new source,’’ and removes the
definition of ‘‘variance.’’ The removal of
the variance will strengthen the
environmental protection provided by
the SIP, and therefore EPA proposes to
approve these changes. EPA is also
proposing to approve all remaining
changes in this section, which update
the date of incorporation by reference of
the federal regulations to July 1, 2012.
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74:36:02 (Ambient Air Quality)
EPA is proposing to approve all
changes in this section, which update
the date of incorporation by reference of
the federal regulations to July 1, 2012.
74:36:04 (Operating Permits for Minor
Sources)
EPA is proposing to approve all
changes in this section, which remove
citations to repealed provisions of South
Dakota’s legal code regarding variances
from the General Authorities and
Implemented Laws provided. It also
updates the date of incorporation by
reference of the federal regulations to
July 1, 2012.
74:36:05 (Operating Permits for Part 70
Sources)
EPA is proposing to approve the
changes in this section, which update
the date of incorporation by reference of
the federal regulations to July 1, 2012
and remove citations to repealed
provisions of South Dakota’s legal code
regarding variances from the General
Authorities and Implemented Laws
provided.
74:36:07 (New Source Performance
Standards)
EPA is not taking action on this
section because NSPS are not required
to be included in a SIP per section 110
of the CAA.
40953
portions of EPA’s 2010 PM2.5 Increment
Rule (75 FR 64864) addressing the
Significant Impact Levels (SILs) for
PM2.5. On December 9, 2013, EPA
amended its regulations to remove the
PM2.5 SILs (78 FR 73698). Therefore,
South Dakota’s incorporation of the
PM2.5 SILs into its SIP no longer reflects
the current regulations.
74:36:11 (Performance Testing)
EPA is proposing to approve changes
in this section, which update the date of
incorporation by reference of the federal
regulations to July 1, 2012.
74:36:12 (Control of Visible Emissions)
EPA is proposing to approve the
changes to 74:36:12:01 and 74:36:12:03
in the submittal, which update the date
of incorporation by reference of the
federal regulations to July 1, 2012 and
update the General Authorities and
Laws Implemented. EPA is not taking
action on the language change in
74:36:12:02(3). On February 22, 2013,
EPA (among other things) made a
finding of substantial inadequacy and
issued a SIP call for certain provisions
related to start-up, shutdown, and
malfunction in current SIPs for specific
states. For South Dakota the affected
provision is 74:36:12:02(3). EPA is not
taking action on this provision, because
it will be addressed in the proposed SIP
call.
74:36:08 (National Emission Standards
for Hazardous Air Pollutants)
EPA is not taking action on this
section because NESHAPs are not
required to be included in a SIP per
section 110 of the CAA.
74:36:13 (Continuous Emissions
Monitoring)
74:36:09 (Prevention of Significant
Deterioration)
EPA is not taking action on this
section of South Dakota’s July 29, 2013
submittal because it was acted upon by
EPA in a final rulemaking dated January
29, 2015. (80 FR 4799)
74:36:16 (Acid Rain Program)
74:36:10 (New Source Review)
EPA is proposing to approve all
changes in this section that were not
acted upon in an EPA final rule issued
on June 27, 2014, with one exception.
The provisions that EPA is proposing to
act upon in this rulemaking are
74:36:10:09 and 74:36:10:10. These
provisions remove obsolete language
regarding clean units. EPA is not taking
action on 74:36:10:06, which proposes
to add PM2.5 to the ‘‘Pollutant and
Significant Levels’’ table and to
renumber other pollutants in the table.
On January 22, 2013, the United States
Court of Appeals for the District of
Columbia vacated and remanded
EPA is proposing to approve changes
in this section, which update the date of
incorporation by reference of the federal
regulations for the visible emission test
method to EPA Method 9 in 40 CFR part
60, Appendix A to July 1, 2012 and
delete references to repealed provisions
of the South Dakota Legal Code
regarding variances.
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EPA is proposing to approve changes
in this section, which update the date of
incorporation by reference of the federal
regulations to July 1, 2012.
EPA is not taking action on this
section because the Acid Rain Program
is not required to be included in a SIP
per section 110 of the CAA.
74:36:18 (Regulations for State Facilities
in the Rapid City Area)
74:36:20 (Construction Permits for New
Sources or Modifications)
EPA is proposing to approve the
changes in this section, which update
the date of incorporation by reference of
the federal regulations to July 1, 2012
and delete references to repealed
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Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules
provisions of the South Dakota Legal
Code regarding variances. It also
includes a change to 74:36:20:05 to
ensure air pollution dispersion
modeling used to determine compliance
with that requirement is performed in
accordance with 40 CFR part 51,
Appendix W to July 1, 2012.
74:36:21 (Regional Haze Program)
EPA is proposing to approve changes
in this section, which update the date of
incorporation by reference of the federal
regulations to July 1, 2012.
IV. Proposed Clarification of January
29, 2015 Final Action
Under CAA sections 110(a)(1) and (2),
states are required to submit
infrastructure SIPs to ensure their SIPs
provide for implementation,
maintenance, and enforcement of the
NAAQS. As noted, on January 29, 2015,
EPA took final action on the
infrastructure submittals which
addressed several different NAAQS
from the State of South Dakota. (80 FR
4799). As part of the January 29, 2015
action, EPA approved South Dakota’s
1997 PM2.5 NAAQS interstate transport
infrastructure sub-element (CAA section
110(a)(2)(D)(i)(II)). However, EPA had
already approved this sub-element in a
final rulemaking on May 8, 2008. (73 FR
26019, effective July 7, 2008). Therefore,
in this action EPA is proposing to clarify
that no action was required on this subelement for this NAAQS in the January
29, 2015 approval of CAA section
110(a)(2)(D)(i)(II) for the 1997 PM2.5
NAAQS and the effective date of
approval remains July 7, 2008.
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V. Summary of Proposed Action
In this proposed rulemaking, we are
proposing approval of most remaining
portions of South Dakota’s July 29, 2013
submittal as outlined in section III.
above and in the crosswalk table located
in the docket. We are proposing not to
take action on certain portions of this
submittal as described in section III.
Finally, we are proposing to clarify our
January 29, 2015 final action (80 FR
4799) regarding the effective date of
approval for South Dakota’s SIP
regarding CAA section 110(a)(2)(D)(i)(II)
for the 1997 PM2.5 NAAQS.
VI. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the rules in ARSD 74:36 submitted by
South Dakota for action which are
identified within this notice of proposed
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rulemaking. The EPA has made, and
will continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this rule’s
preamble for more information).
VII. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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 actions, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely approves state law provisions as
meeting federal requirements and does
not propose 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 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 Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
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methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not proposed to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 25, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2015–17257 Filed 7–13–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2014–0626; FRL–9930–26Region 6]
Approval and Promulgation of
Implementation Plans; New Mexico;
Revisions to the Particulate Matter
Less Than 2.5 Micrometers (PM2.5)
Prevention of Significant Deterioration
(PSD) Permitting Program State
Implementation Plan (SIP)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of two revisions to the New
Mexico SIP for the permitting of PM2.5
emissions submitted on May 23, 2011,
and August 6, 2014. Together, these
submittals revise the New Mexico PSD
program to be consistent with the
federal PSD regulations regarding the
use of a significant impact level (SIL) or
significant monitoring concentration
(SMC) for PM2.5 emissions. We are
proposing to approve these SIP
revisions to regulate PM2.5 emissions in
accordance with requirements of section
110 and part C of the Clean Air Act.
DATES: Written comments must be
received on or before August 13, 2015.
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Proposed Rules]
[Pages 40952-40954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17257]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2014-0916; FRL-9930-46-Region-8]
Approval and Promulgation of Air Quality Implementation Plans;
South Dakota; Revisions to South Dakota Administrative Code
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
State of South Dakota on July 29, 2013. This SIP submission revises the
Administrative Rules of South Dakota (ARSD) Article 74:36--Air
Pollution Control Program. These revisions include grammatical changes,
renumbering, revisions to the date of incorporation by reference of the
federal regulations referenced throughout ARSD Article 74:36, and
removal of obsolete language regarding variance provisions and clean
units. A cross-walk table, which details each individual rule revision
in Article 74:36, and the actions EPA is proposing on those revisions,
is included in the docket for this rulemaking. EPA is also proposing to
clarify a final rule issued on January 29, 2015 pertaining to South
Dakota's infrastructure SIP. This action is being taken in accordance
with section 110 of the Clean Air Act (CAA).
DATES: Comments must be received on or before August 13, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification Number EPA-R08-OAR-2014-0916. All documents in
the docket are listed on the https://www.regulations.gov Web site.
Although listed in the index, some information may not be publicly
available, i.e., Confidential Business Information or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in the hard copy form. Publicly
available docket materials are available either electronically through
https://www.regulations.gov or in hard copy at EPA Region 8, Office of
Partnership and Regulatory Assistance, Air Program, 1595 Wynkoop
Street, Denver, Colorado, 80202-1129. The EPA requests that you contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. The Regional Office's official hours
of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding
federal holidays. An electronic copy of the state's SIP compilation is
also available at https://www.epa.gov/region8/air/sip.html.
FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104,
clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
What should I consider as I prepare my comments for EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit CBI to EPA through www.regulations.gov or email. 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:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
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.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at
[[Page 40953]]
your estimate in sufficient detail to allow for it to be reproduced.
Provide specific examples to illustrate your concerns and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Background
South Dakota's June 29, 2013, submittal covers the following rule
changes: (1) Removal of obsolete language regarding variance provisions
and clean units, and renumbering to reflect the deletions; and (2)
Revisions to the date of federal regulations referenced throughout ARSD
Article 74:36 to July 1, 2012. A cross-walk table, which identifies the
proposed rule revisions in Article 74:36 specifically, and the action
EPA is proposing to take on those revisions, is included in the docket
for this rulemaking.
South Dakota's June 29, 2013 submittal also requests EPA approval
of rule revisions for provisions that are not required to be included
in SIPs under section 110 of the Clean Air Act (CAA), most notably
additions to the State's New Source Performance Standards (NSPS) and
National Emissions Standards for Hazardous Air Pollutants (NESHAPs).
These revisions, which EPA is not proposing action on, are outlined in
the cross-walk table located in the docket for this rulemaking.
III. What action is EPA taking?
EPA is proposing to approve most revisions of South Dakota's July
29, 2013 submittal as outlined in Section II. of this rulemaking that
were not acted on previously. An overview of EPA's proposed approval of
each section is described below. The excepted revisions, on which EPA
will not take action, are also described below.
74:36:01:01 (Definitions)
EPA is proposing to approve all changes in this section as outlined
in the crosswalk table (see docket). These changes specifically remove
the term ``variance'' previously included in the definitions of
``existing source'' and ``new source,'' and removes the definition of
``variance.'' The removal of the variance will strengthen the
environmental protection provided by the SIP, and therefore EPA
proposes to approve these changes. EPA is also proposing to approve all
remaining changes in this section, which update the date of
incorporation by reference of the federal regulations to July 1, 2012.
74:36:02 (Ambient Air Quality)
EPA is proposing to approve all changes in this section, which
update the date of incorporation by reference of the federal
regulations to July 1, 2012.
74:36:04 (Operating Permits for Minor Sources)
EPA is proposing to approve all changes in this section, which
remove citations to repealed provisions of South Dakota's legal code
regarding variances from the General Authorities and Implemented Laws
provided. It also updates the date of incorporation by reference of the
federal regulations to July 1, 2012.
74:36:05 (Operating Permits for Part 70 Sources)
EPA is proposing to approve the changes in this section, which
update the date of incorporation by reference of the federal
regulations to July 1, 2012 and remove citations to repealed provisions
of South Dakota's legal code regarding variances from the General
Authorities and Implemented Laws provided.
74:36:07 (New Source Performance Standards)
EPA is not taking action on this section because NSPS are not
required to be included in a SIP per section 110 of the CAA.
74:36:08 (National Emission Standards for Hazardous Air Pollutants)
EPA is not taking action on this section because NESHAPs are not
required to be included in a SIP per section 110 of the CAA.
74:36:09 (Prevention of Significant Deterioration)
EPA is not taking action on this section of South Dakota's July 29,
2013 submittal because it was acted upon by EPA in a final rulemaking
dated January 29, 2015. (80 FR 4799)
74:36:10 (New Source Review)
EPA is proposing to approve all changes in this section that were
not acted upon in an EPA final rule issued on June 27, 2014, with one
exception. The provisions that EPA is proposing to act upon in this
rulemaking are 74:36:10:09 and 74:36:10:10. These provisions remove
obsolete language regarding clean units. EPA is not taking action on
74:36:10:06, which proposes to add PM2.5 to the ``Pollutant
and Significant Levels'' table and to renumber other pollutants in the
table. On January 22, 2013, the United States Court of Appeals for the
District of Columbia vacated and remanded portions of EPA's 2010
PM2.5 Increment Rule (75 FR 64864) addressing the
Significant Impact Levels (SILs) for PM2.5. On December 9,
2013, EPA amended its regulations to remove the PM2.5 SILs
(78 FR 73698). Therefore, South Dakota's incorporation of the
PM2.5 SILs into its SIP no longer reflects the current
regulations.
74:36:11 (Performance Testing)
EPA is proposing to approve changes in this section, which update
the date of incorporation by reference of the federal regulations to
July 1, 2012.
74:36:12 (Control of Visible Emissions)
EPA is proposing to approve the changes to 74:36:12:01 and
74:36:12:03 in the submittal, which update the date of incorporation by
reference of the federal regulations to July 1, 2012 and update the
General Authorities and Laws Implemented. EPA is not taking action on
the language change in 74:36:12:02(3). On February 22, 2013, EPA (among
other things) made a finding of substantial inadequacy and issued a SIP
call for certain provisions related to start-up, shutdown, and
malfunction in current SIPs for specific states. For South Dakota the
affected provision is 74:36:12:02(3). EPA is not taking action on this
provision, because it will be addressed in the proposed SIP call.
74:36:13 (Continuous Emissions Monitoring)
EPA is proposing to approve changes in this section, which update
the date of incorporation by reference of the federal regulations to
July 1, 2012.
74:36:16 (Acid Rain Program)
EPA is not taking action on this section because the Acid Rain
Program is not required to be included in a SIP per section 110 of the
CAA.
74:36:18 (Regulations for State Facilities in the Rapid City Area)
EPA is proposing to approve changes in this section, which update
the date of incorporation by reference of the federal regulations for
the visible emission test method to EPA Method 9 in 40 CFR part 60,
Appendix A to July 1, 2012 and delete references to repealed provisions
of the South Dakota Legal Code regarding variances.
74:36:20 (Construction Permits for New Sources or Modifications)
EPA is proposing to approve the changes in this section, which
update the date of incorporation by reference of the federal
regulations to July 1, 2012 and delete references to repealed
[[Page 40954]]
provisions of the South Dakota Legal Code regarding variances. It also
includes a change to 74:36:20:05 to ensure air pollution dispersion
modeling used to determine compliance with that requirement is
performed in accordance with 40 CFR part 51, Appendix W to July 1,
2012.
74:36:21 (Regional Haze Program)
EPA is proposing to approve changes in this section, which update
the date of incorporation by reference of the federal regulations to
July 1, 2012.
IV. Proposed Clarification of January 29, 2015 Final Action
Under CAA sections 110(a)(1) and (2), states are required to submit
infrastructure SIPs to ensure their SIPs provide for implementation,
maintenance, and enforcement of the NAAQS. As noted, on January 29,
2015, EPA took final action on the infrastructure submittals which
addressed several different NAAQS from the State of South Dakota. (80
FR 4799). As part of the January 29, 2015 action, EPA approved South
Dakota's 1997 PM2.5 NAAQS interstate transport
infrastructure sub-element (CAA section 110(a)(2)(D)(i)(II)). However,
EPA had already approved this sub-element in a final rulemaking on May
8, 2008. (73 FR 26019, effective July 7, 2008). Therefore, in this
action EPA is proposing to clarify that no action was required on this
sub-element for this NAAQS in the January 29, 2015 approval of CAA
section 110(a)(2)(D)(i)(II) for the 1997 PM2.5 NAAQS and the
effective date of approval remains July 7, 2008.
V. Summary of Proposed Action
In this proposed rulemaking, we are proposing approval of most
remaining portions of South Dakota's July 29, 2013 submittal as
outlined in section III. above and in the crosswalk table located in
the docket. We are proposing not to take action on certain portions of
this submittal as described in section III. Finally, we are proposing
to clarify our January 29, 2015 final action (80 FR 4799) regarding the
effective date of approval for South Dakota's SIP regarding CAA section
110(a)(2)(D)(i)(II) for the 1997 PM2.5 NAAQS.
VI. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the rules in ARSD 74:36 submitted by South
Dakota for action which are identified within this notice of proposed
rulemaking. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this rule's preamble for more
information).
VII. Statutory and Executive Order Reviews
Under the Clean Air Act, 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
actions, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law provisions
as meeting federal requirements and does not propose 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 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 Clean Air Act; 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, February 16, 1994).
In addition, the SIP is not proposed to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 25, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2015-17257 Filed 7-13-15; 8:45 am]
BILLING CODE 6560-50-P
