Approval and Promulgation of Air Quality Implementation Plans; South Dakota; Revisions to South Dakota Administrative Code, 59620-59624 [2015-24857]
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59620
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
Name of
non-regulatory
SIP revision
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2007 Base Year
Emissions Inventory for the 2006
PM2.5 NAAQS.
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Liberty-Clairton PM2.5 Nonattainment Area .................................
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3. Section 52.2036 is amended by
adding paragraph (y) to read as follows:
■
§ 52.2036
Base year emissions inventory.
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(y) EPA approves as a revision to the
Pennsylvania State Implementation Plan
the 2007 base year emissions inventory
for the Liberty-Clairton 2006 24-hour
PM2.5 nonattainment area submitted by
the Pennsylvania Department of
Environmental Protection, on behalf of
Allegheny County Health Department,
on June 21, 2013. The emissions
inventory includes emissions estimates
that cover the general source categories
of point, area, nonroad, and onroad
sources. The pollutants that comprise
the inventory are PM2.5, NOX, VOCs,
NH3, and SO2.
[FR Doc. 2015–24877 Filed 10–1–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2014–0916; FRL–9934–83–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; South
Dakota; Revisions to South Dakota
Administrative Code
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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action is being taken in accordance with
section 110 of the Clean Air Act (CAA).
DATES: This final rule is effective on
November 2, 2015.
ADDRESSES: 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 index. Although
listed in the index, some information
may not be publicly available, e.g.,
Confidential Business Information or
other information whose disclosure is
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 through https://
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 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:
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:
The Environmental Protection
Agency (EPA) is approving 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 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. EPA is also clarifying a final rule
issued on January 29, 2015 pertaining to
South Dakota’s infrastructure SIP. This
SUMMARY:
VerDate Sep<11>2014
State submittal
date
Applicable geographic area
I. Background
South Dakota’s July 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
that identifies EPA’s action on South
Dakota’s revisions is included in the
docket for this rulemaking.
South Dakota’s July 29, 2013
submittal also requests EPA approval of
rule revisions for provisions that are not
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EPA approval date
Additional
explanation
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10/2/15 [Insert Federal Register citation].
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required to be included in SIPs under
section 110 of the CAA, most notably
additions to the State’s New Source
Performance Standards, National
Emissions Standards for Hazardous Air
Pollutants and Title V permitting. These
revisions, on which EPA is not taking
action, are outlined in the cross-walk
table located in the docket for this
rulemaking.
II. What action is EPA taking?
EPA is finalizing action on South
Dakota’s July 29, 2013 submittal as
outlined in Section III. of the proposal
published on July 14, 2015, with one
exception; EPA’s proposed approval of
South Dakota’s updates to 74:36:05,
‘‘Operating Permits for Part 70 Sources,’’
as part of its July 14, 2015 action (80 FR
40953). EPA published a notice of
correction of the proposal on August 24,
2015 (80 FR 51152), because CAA Title
V requirements are not subject to
Section 110 of the Clean Air Act and are
thus not required to be incorporated
into a SIP. Therefore, EPA is not taking
any action on South Dakota’s updates to
74:36:05.
III. 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
National Ambient Air Quality Standards
(NAAQS). 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 clarifying 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
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NAAQS and the effective date of
approval remains July 7, 2008.
IV. Response to Comments
EPA received one comment on the
July 14, 2015 proposal with respect to
air quality measurements. EPA
acknowledges this comment but does
not consider the comment to be relevant
to the proposed action.
V. Summary of Action
In this rulemaking, EPA is approving
most remaining portions of South
Dakota’s July 29, 2013 submittal as
outlined in the crosswalk table located
in the docket for this action. EPA is not
taking action on certain portions of this
submittal as described in the proposed
rulemaking and the notice of correction
to the proposal. Finally, EPA is also
clarifying no action was required in the
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 as EPA had
already approved this sub-element in a
prior rulemaking.
VI. Incorporation by Reference
In this rulemaking, EPA is including
final EPA rule regulatory text that
includes incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, EPA is incorporating by
reference the rules in ARSD Article
74:36 submitted by South Dakota for
action which are identified within this
notice of rulemaking. 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).
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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 choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting federal
requirements and 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
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Executive Order 12866 (58 FR 51735,
October 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 in 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).
The SIP is not approved 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 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).
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
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59621
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 December 1,
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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 9, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart QQ—South Dakota
2. In § 52.2170, the table in paragraph
(c)(1) is amended by:
■ a. Revising entries for ‘‘74:36:01:01’’;
‘‘74:36:02:02’’, ‘‘74:36:02:03’’,
‘‘74:36:02:04’’, ‘‘74:36:02:05’’; and
‘‘74:36:04:04’’;
■ b. Adding an entry for ‘‘74:36:04:05’’
in numerical order;
■ c. Revising entries for ‘‘74:36:04:12’’
and ‘‘74:36:04:13’’;
■ d. Adding an entry for ‘‘74:36:04:14’’
in numerical order;
■ e. Revising entries for ‘‘74:36:04:15’’;
‘‘74:36:11:01’’; and ‘‘74:36:12:01’’;
■ f. Adding an entry for ‘‘74:36:12:02’’
in numerical order; and
■ g. Revising entries for ‘‘74:36:12:03’’;
‘‘74:36:13:02’’, ‘‘74:36:13:03’’,
‘‘74:36:13:04’’, ‘‘74:36:13:06’’,
‘‘74:36:13:07’’, ‘‘74:36:13:08’’;
‘‘74:36:18:04’’, ‘‘74:36:18:05’’,
‘‘74:36:18:06’’, ‘‘74:36:18:10’’,
■
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‘‘74:36:18:11’’, ‘‘74:36:18:12’’;
‘‘74:36:20:05’’, ‘‘74:36:20:11’’,
‘‘74:36:20:13’’, ‘‘74:36:20:14’’,
‘‘74:36:20:15’’; ‘‘74:36:21:02’’,
State citation
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State effective
date
Title/subject
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Definitions ..............................
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Identification of plan.
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(c) * * *
(1) * * *
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EPA approval date and citation 1
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74:36:01
74:36:01:01 .............................
§ 52.2170
‘‘74:36:21:04’’, ‘‘74:36:21:05’’, and
‘‘74:36:21:09’’.
The revisions and additions read as
follows:
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Explanations
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Definitions
6/25/2013
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10/2/2015, [insert Federal
Register citation].
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74:36:02 Ambient Air Quality
74:36:02:02 .............................
Ambient air quality standards
6/25/2013
74:36:02:03 .............................
Methods of sampling and
analysis.
Air quality monitoring network
6/25/2013
74:36:02:04 .............................
74:36:02:05 .............................
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6/25/2013
Air quality monitoring requirements.
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6/25/2013
*
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
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74:36:04 Operating Permits for Minor Sources
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74:36:04:04 .............................
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6/25/2013
10/2/2015, [insert Federal
Register citation].
6/25/2013
10/2/2015, [insert Federal
Register citation].
*
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*
74:36:04:12 ............................. Public participation in permitting process.
*
6/25/2013
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10/2/2015, [insert Federal
Register citation].
*
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*
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*
74:36:04:13 ............................. Final permit decision—Notice
to interested persons.
74:36:04:14 ............................. Right to petition for contested
case hearing.
74:36:04:15 ............................. Contents of operating permit
*
6/25/2013
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10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
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74:36:04:05 .............................
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Standard for issuance of a
minor source operating permit.
Time period for operating permits and renewals.
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6/25/2013
6/25/2013
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74:36:11
74:36:11:01 .............................
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Stack performance testing or
other testing methods.
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74:36:12:02 .............................
74:36:12:03 .............................
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Performance Testing
6/25/2013
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74:36:12
74:36:12:01 .............................
Exceptions granted to alfalfa
pelletizers or dehydrators.
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10/2/2015, [insert Federal
Register citation].
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Control of Visible Emissions
Restrictions on visible emissions.
Exceptions to restrictions .......
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6/25/2013
6/25/2013
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10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
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Except for 74:36:12:02(3)
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State citation
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State effective
date
Title/subject
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74:36:13
74:36:13:02 .............................
74:36:13:03 .............................
74:36:13:04 .............................
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Minimum performance specifications for all continuous
emission monitoring systems.
Reporting requirements .........
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10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
Credible evidence ..................
6/25/2013
74:36:13:08 .............................
Compliance assurance monitoring.
6/25/2013
6/25/2013
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Regulations for State Facilities in the Rapid City Area
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74:36:18:04 ............................. Time period for permits and
renewals.
74:36:18:05 ............................. Required contents of a complete application for a permit.
74:36:18:06 ............................. Contents of permit .................
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74:36:18:10 ............................. Visible emission limit for construction and continuous
operation activities.
74:36:18:11 ............................. Exception to visible emission
limit.
74:36:18:12 ............................. Notice of operating noncompliance—Contents.
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6/25/2013
74:36:13:07 .............................
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10/2/2015, [insert Federal
Register citation].
74:36:13:06 .............................
74:36:18
*
6/25/2013
6/25/2013
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Explanations
Continuous Emission Monitoring Systems
Notice to department of exceedance.
Compliance certification .........
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EPA approval date and citation 1
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6/25/2013
6/25/2013
*
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
6/25/2013
10/2/2015, [insert Federal
Register citation].
*
6/25/2013
*
10/2/2015, [insert Federal
Register citation].
6/25/2013
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
6/25/2013
*
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74:36:20 Construction Permits for New Sources or Modifications
*
6/25/2013
*
10/2/2015, [insert Federal
Register citation].
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*
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74:36:20:11 ............................. Public participation in permitting process.
*
6/25/2013
*
10/2/2015, [insert Federal
Register citation].
*
*
*
*
*
74:36:20:13 ............................. Final permit decision—Notice
to interested persons.
74:36:20:14 ............................. Right to petition for contested
case hearing.
74:36:20:15 ............................. Contents of construction permit.
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74:36:20:05 ............................. Standard for issuance of construction permit.
*
6/25/2013
*
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
*
*
*
*
*
*
*
*
6/25/2013
6/25/2013
*
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74:36:21 Regional Haze Program
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74:36:21:02 ............................. Definitions ..............................
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10/2/2015, [insert Federal
Register citation].
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State citation
State effective
date
Title/subject
*
*
*
74:36:21:04 ............................. Visibility impact analysis ........
*
6/25/2013
74:36:21:05 .............................
6/25/2013
BART determination ..............
*
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74:36:21:09 ............................. Monitoring, recordkeeping,
and reporting.
*
*
*
6/25/2013
*
*
EPA approval date and citation 1
Explanations
*
10/2/2015, [insert Federal
Register citation].
10/2/2015, [insert Federal
Register citation].
*
*
*
10/2/2015, [insert Federal
Register citation].
*
*
*
*
*
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
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[FR Doc. 2015–24857 Filed 10–1–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2015–0029; FRL–9934–82Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Redesignation Request
and Associated Maintenance Plan for
the Pittsburgh-Beaver Valley
Nonattainment Area for the 1997
Annual and 2006 24-Hour Fine
Particulate Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the
Commonwealth of Pennsylvania’s
request to redesignate to attainment the
Pittsburgh Nonattainment Area
(Pittsburgh Area or Area) for the 1997
annual and 2006 24-hour fine
particulate matter (PM2.5) national
ambient air quality standard (NAAQS or
standard). EPA has determined that the
Pittsburgh Area attained both the 1997
annual and 2006 24-hour PM2.5 NAAQS.
In addition, EPA is approving as a
revision to the Pennsylvania State
Implementation Plan (SIP) the
associated maintenance plan to show
maintenance of the 1997 annual and
2006 24-hour PM2.5 NAAQS through
2025 for the Pittsburgh Area. The
maintenance plan includes the 2017 and
2025 PM2.5 and nitrogen oxides (NOX)
motor vehicle emissions budgets
(MVEBs) for the Pittsburgh Area for the
1997 annual and 2006 24-hour PM2.5
NAAQS, which EPA is approving for
transportation conformity purposes.
Furthermore, EPA is approving the 2007
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SUMMARY:
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emissions inventories for the 1997
annual PM2.5 NAAQS and the 2011
emissions inventories for the 2006 24hour PM2.5 NAAQS included in the
maintenance plan for the Pittsburgh
Area. These actions are being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on
October 2, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0029. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto at (215) 814–2182, or by email
at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 22, 2014, the
Commonwealth of Pennsylvania,
through the Pennsylvania Department of
Environmental Protection (PADEP),
formally submitted a request to
redesignate the Pittsburgh Area from
nonattainment to attainment for the
1997 annual and 2006 24-hour PM2.5
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NAAQS. Concurrently, PADEP
submitted a maintenance plan for the
Pittsburgh Area as a SIP revision to
ensure continued attainment throughout
the Pittsburgh Area over the next 10
years. The maintenance plan includes
the 2017 and 2025 PM2.5 and NOX
MVEBs for the Area for the 1997 annual
and 2006 24-hour PM2.5 NAAQS, which
EPA is approving for transportation
conformity purposes. PADEP also
submitted 2007 and 2011comprehensive
emissions inventories that were
included in the maintenance plan for
the 1997 annual and 2006 24-hour PM2.5
NAAQS, respectively, for NOX, sulfur
dioxide (SO2), volatile organic
compounds (VOC), and ammonia (NH3).
On May 20, 2015 (80 FR 28906), EPA
published a notice of proposed
rulemaking (NPR) for Pennsylvania. In
the NPR, EPA proposed approval of
Pennsylvania’s December 22, 2014
request to redesignate the Pittsburgh
Area to attainment for the 1997 annual
and 2006 24-hour PM2.5 NAAQS. EPA
also proposed approval of the associated
maintenance plan as a revision to the
Pennsylvania SIP for the 1997 annual
and 2006 24-hour PM2.5 NAAQS, which
includes the 2017 and 2025 PM2.5 and
NOX MVEBs for both NAAQS, which
EPA proposed to approve for purposes
of transportation conformity. In
addition, EPA proposed approval of the
2007 and 2011 emissions inventories
included in the Pittsburgh Area’s
maintenance plan for the 1997 annual
and 2006 24-hour PM2.5 NAAQS,
respectively, to meet the emissions
inventory requirement of section
172(c)(3) of the CAA.
The details of Pennsylvania’s
submittal and the rationale for EPA’s
proposed actions are explained in the
NPR and will not be restated here. No
adverse public comments were received
on the NPR.
II. Final Actions
EPA is taking final actions on the
redesignation request and SIP revisions
E:\FR\FM\02OCR1.SGM
02OCR1
]]>Agencies
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59620-59624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24857]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2014-0916; FRL-9934-83-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
South Dakota; Revisions to South Dakota Administrative Code
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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 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. EPA is also clarifying 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: This final rule is effective on November 2, 2015.
ADDRESSES: 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 index. Although
listed in the index, some information may not be publicly available,
e.g., Confidential Business Information or other information whose
disclosure is 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
through https://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 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: 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. Background
South Dakota's July 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 that identifies EPA's
action on South Dakota's revisions is included in the docket for this
rulemaking.
South Dakota's July 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 CAA, most notably additions to the
State's New Source Performance Standards, National Emissions Standards
for Hazardous Air Pollutants and Title V permitting. These revisions,
on which EPA is not taking action, are outlined in the cross-walk table
located in the docket for this rulemaking.
II. What action is EPA taking?
EPA is finalizing action on South Dakota's July 29, 2013 submittal
as outlined in Section III. of the proposal published on July 14, 2015,
with one exception; EPA's proposed approval of South Dakota's updates
to 74:36:05, ``Operating Permits for Part 70 Sources,'' as part of its
July 14, 2015 action (80 FR 40953). EPA published a notice of
correction of the proposal on August 24, 2015 (80 FR 51152), because
CAA Title V requirements are not subject to Section 110 of the Clean
Air Act and are thus not required to be incorporated into a SIP.
Therefore, EPA is not taking any action on South Dakota's updates to
74:36:05.
III. 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 National Ambient Air Quality
Standards (NAAQS). 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 clarifying 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
[[Page 59621]]
NAAQS and the effective date of approval remains July 7, 2008.
IV. Response to Comments
EPA received one comment on the July 14, 2015 proposal with respect
to air quality measurements. EPA acknowledges this comment but does not
consider the comment to be relevant to the proposed action.
V. Summary of Action
In this rulemaking, EPA is approving most remaining portions of
South Dakota's July 29, 2013 submittal as outlined in the crosswalk
table located in the docket for this action. EPA is not taking action
on certain portions of this submittal as described in the proposed
rulemaking and the notice of correction to the proposal. Finally, EPA
is also clarifying no action was required in the 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 as EPA had already approved this sub-element in
a prior rulemaking.
VI. Incorporation by Reference
In this rulemaking, EPA is including final EPA rule regulatory text
that includes incorporation by reference. In accordance with the
requirements of 1 CFR 51.5, EPA is incorporating by reference the rules
in ARSD Article 74:36 submitted by South Dakota for action which are
identified within this notice of rulemaking. 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
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and 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, October 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
in 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).
The SIP is not approved 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 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).
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 December 1, 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 9, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended 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. In Sec. 52.2170, the table in paragraph (c)(1) is amended by:
0
a. Revising entries for ``74:36:01:01''; ``74:36:02:02'',
``74:36:02:03'', ``74:36:02:04'', ``74:36:02:05''; and ``74:36:04:04'';
0
b. Adding an entry for ``74:36:04:05'' in numerical order;
0
c. Revising entries for ``74:36:04:12'' and ``74:36:04:13'';
0
d. Adding an entry for ``74:36:04:14'' in numerical order;
0
e. Revising entries for ``74:36:04:15''; ``74:36:11:01''; and
``74:36:12:01'';
0
f. Adding an entry for ``74:36:12:02'' in numerical order; and
0
g. Revising entries for ``74:36:12:03''; ``74:36:13:02'',
``74:36:13:03'', ``74:36:13:04'', ``74:36:13:06'', ``74:36:13:07'',
``74:36:13:08''; ``74:36:18:04'', ``74:36:18:05'', ``74:36:18:06'',
``74:36:18:10'',
[[Page 59622]]
``74:36:18:11'', ``74:36:18:12''; ``74:36:20:05'', ``74:36:20:11'',
``74:36:20:13'', ``74:36:20:14'', ``74:36:20:15''; ``74:36:21:02'',
``74:36:21:04'', ``74:36:21:05'', and ``74:36:21:09''.
The revisions and additions read as follows:
Sec. 52.2170 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State EPA approval date
State citation Title/subject effective date and citation \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:01 Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01...................... Definitions........ 6/25/2013 10/2/2015, [insert
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:02 Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
74:36:02:02...................... Ambient air quality 6/25/2013 10/2/2015, [insert
standards. Federal Register
citation].
74:36:02:03...................... Methods of sampling 6/25/2013 10/2/2015, [insert
and analysis. Federal Register
citation].
74:36:02:04...................... Air quality 6/25/2013 10/2/2015, [insert
monitoring network. Federal Register
citation].
74:36:02:05...................... Air quality 6/25/2013 10/2/2015, [insert
monitoring Federal Register
requirements. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:04 Operating Permits for Minor Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:04:04...................... Standard for 6/25/2013 10/2/2015, [insert
issuance of a Federal Register
minor source citation].
operating permit.
74:36:04:05...................... Time period for 6/25/2013 10/2/2015, [insert
operating permits Federal Register
and renewals. citation].
* * * * * * *
74:36:04:12...................... Public 6/25/2013 10/2/2015, [insert
participation in Federal Register
permitting process. citation].
* * * * * * *
74:36:04:13...................... Final permit 6/25/2013 10/2/2015, [insert
decision--Notice Federal Register
to interested citation].
persons.
74:36:04:14...................... Right to petition 6/25/2013 10/2/2015, [insert
for contested case Federal Register
hearing. citation].
74:36:04:15...................... Contents of 6/25/2013 10/2/2015, [insert
operating permit. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:11 Performance Testing
----------------------------------------------------------------------------------------------------------------
74:36:11:01...................... Stack performance 6/25/2013 10/2/2015, [insert
testing or other Federal Register
testing methods. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:12 Control of Visible Emissions
----------------------------------------------------------------------------------------------------------------
74:36:12:01...................... Restrictions on 6/25/2013 10/2/2015, [insert
visible emissions. Federal Register
citation].
74:36:12:02...................... Exceptions to 6/25/2013 10/2/2015, [insert Except for
restrictions. Federal Register 74:36:12:02(3)
citation].
74:36:12:03...................... Exceptions granted 6/25/2013 10/2/2015, [insert
to alfalfa Federal Register
pelletizers or citation].
dehydrators.
----------------------------------------------------------------------------------------------------------------
[[Page 59623]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:13 Continuous Emission Monitoring Systems
----------------------------------------------------------------------------------------------------------------
74:36:13:02...................... Minimum performance 6/25/2013 10/2/2015, [insert
specifications for Federal Register
all continuous citation].
emission
monitoring systems.
74:36:13:03...................... Reporting 6/25/2013 10/2/2015, [insert
requirements. Federal Register
citation].
74:36:13:04...................... Notice to 6/25/2013 10/2/2015, [insert
department of Federal Register
exceedance. citation].
74:36:13:06...................... Compliance 6/25/2013 10/2/2015, [insert
certification. Federal Register
citation].
74:36:13:07...................... Credible evidence.. 6/25/2013 10/2/2015, [insert
Federal Register
citation].
74:36:13:08...................... Compliance 6/25/2013 10/2/2015, [insert
assurance Federal Register
monitoring. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:18 Regulations for State Facilities in the Rapid City Area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:18:04...................... Time period for 6/25/2013 10/2/2015, [insert
permits and Federal Register
renewals. citation].
74:36:18:05...................... Required contents 6/25/2013 10/2/2015, [insert
of a complete Federal Register
application for a citation].
permit.
74:36:18:06...................... Contents of permit. 6/25/2013 10/2/2015, [insert
Federal Register
citation].
* * * * * * *
74:36:18:10...................... Visible emission 6/25/2013 10/2/2015, [insert
limit for Federal Register
construction and citation].
continuous
operation
activities.
74:36:18:11...................... Exception to 6/25/2013 10/2/2015, [insert
visible emission Federal Register
limit. citation].
74:36:18:12...................... Notice of operating 6/25/2013 10/2/2015, [insert
noncompliance--Con Federal Register
tents. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:20 Construction Permits for New Sources or Modifications
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:20:05...................... Standard for 6/25/2013 10/2/2015, [insert
issuance of Federal Register
construction citation].
permit.
* * * * * * *
74:36:20:11...................... Public 6/25/2013 10/2/2015, [insert
participation in Federal Register
permitting process. citation].
* * * * * * *
74:36:20:13...................... Final permit 6/25/2013 10/2/2015, [insert
decision--Notice Federal Register
to interested citation].
persons.
74:36:20:14...................... Right to petition 6/25/2013 10/2/2015, [insert
for contested case Federal Register
hearing. citation].
74:36:20:15...................... Contents of 6/25/2013 10/2/2015, [insert
construction Federal Register
permit. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:21 Regional Haze Program
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:21:02...................... Definitions........ 6/25/2013 10/2/2015, [insert
Federal Register
citation].
[[Page 59624]]
* * * * * * *
74:36:21:04...................... Visibility impact 6/25/2013 10/2/2015, [insert
analysis. Federal Register
citation].
74:36:21:05...................... BART determination. 6/25/2013 10/2/2015, [insert
Federal Register
citation].
* * * * * * *
74:36:21:09...................... Monitoring, 6/25/2013 10/2/2015, [insert
recordkeeping, and Federal Register
reporting. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
* * * * *
[FR Doc. 2015-24857 Filed 10-1-15; 8:45 am]
BILLING CODE 6560-50-P
