Approval and Promulgation of Air Quality Implementation Plans; South Dakota; Revisions to the Permitting Rules, 70626-70631 [2016-24648]
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Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations
Columbia. Whenever any person has
failed to comply with a preliminary
order of reinstatement, or a final order,
including one approving a settlement
agreement, issued under section 18C of
the FLSA, a person on whose behalf the
order was issued may file a civil action
seeking enforcement of the order in the
appropriate United States district court.
§ 1984.114 District court jurisdiction of
retaliation complaints.
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(a) The complainant may bring an
action at law or equity for de novo
review in the appropriate district court
of the United States, which will have
jurisdiction over such an action without
regard to the amount in controversy,
either:
(1) Within 90 days after receiving a
written determination under
§ 1984.105(a) provided that there has
been no final decision of the Secretary;
or
(2) If there has been no final decision
of the Secretary within 210 days of the
filing of the complaint.
(3) At the request of either party, the
action shall be tried by the court with
a jury.
(b) A proceeding under paragraph (a)
of this section shall be governed by the
same legal burdens of proof specified in
§ 1984.109. The court shall have
jurisdiction to grant all relief necessary
to make the employee whole, including
injunctive relief and compensatory
damages, including:
(1) Reinstatement with the same
seniority status that the employee
would have had, but for the discharge
or retaliation;
(2) The amount of back pay, with
interest; and
(3) Compensation for any special
damages sustained as a result of the
discharge or retaliation, including
litigation costs, expert witness fees, and
reasonable attorney fees.
(c) Within seven days after filing a
complaint in federal court, a
complainant must file with the
Assistant Secretary, the ALJ, or the ARB,
depending on where the proceeding is
pending, a copy of the file-stamped
complaint. In all cases, a copy of the
complaint also must be served on the
OSHA official who issued the findings
and/or preliminary order, the Assistant
Secretary, and the Associate Solicitor,
Division of Fair Labor Standards, U.S.
Department of Labor.
§ 1984.115
of rules.
Special circumstances; waiver
In special circumstances not
contemplated by the provisions of this
part, or for good cause shown, the ALJ
or the ARB on review may, upon
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application, after three-days notice to all
parties, waive any rule or issue such
orders that justice or the administration
of section 18C of the FLSA requires.
[FR Doc. 2016–24559 Filed 10–12–16; 8:45 am]
BILLING CODE 4510–26–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2016–0424; FRL–9953–92–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; South
Dakota; Revisions to the Permitting
Rules
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
(SIP) revisions submitted by the State of
South Dakota on October 23, 2015 and
July 29, 2013 related to South Dakota’s
Air Pollution Control Program. The
October 23, 2015 submittal revises
certain definitions and dates of
incorporation by reference and contains
new, amended and renumbered rules. In
this rulemaking, we are taking final
action on all portions of the October 23,
2015 submittal, except for those
portions of the submittal which do not
belong in the SIP. This action is being
taken under section 110 of the Clean Air
Act (CAA).
DATES: This final rule is effective on
November 14, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2016–0424. All
documents in the docket are listed on
the https://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 electronically through https://
www.regulations.gov, or please contact
the person identified in the ‘‘For Further
Information Contact’’ section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
SUMMARY:
PO 00000
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80202–1129, (303) 312–6227,
leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the EPA approving?
The EPA is approving all revisions as
submitted by the State of South Dakota
on October 23, 2015, with the exception
of the revisions that we are not acting
on, as outlined in section III of our
proposed rulemaking published on
August 8, 2016 (81 FR 52388). We are
taking final action to approve the
following revisions: (1) 74:36:01:01
(Definitions) - 74:36:01:01(8),
74:36:01:01(29), 74:36:01:01(67),
74:36:01:01(73), 74:36:01:05, and
74:36:01:20 ; 74:36:02 (Ambient Air
Quality)—74:36:02:02, 74:36:02:03,
74:36:02:04 and 74:36:02:05; 74:36:03
(Air Quality Episodes)—74:36:03:01 and
74:36:03:02; 74:36:04 (Operating
Permits for Minor Sources)—
74:36:04:04, 74:36:04:03 and
74:36:04:21.01; 74:36:09 (Prevention of
Significant Deterioration)— 74:36:09:02,
74:36:09:03, 74:36:09:02(7),
74:36:09:02(8) and 74:36:09:02(9);
74:36:10 (New Source Review)—
74:36:10:02, 74:36:10:03.01, 74:36:10:05,
74:36:10:07 and 74:36:10:08; 74:36:11
(Performance Testing)—74:36:11:01;
74:36:12 (Control of Visible
Emissions)—74:36:12:01 and
74:36:12:03; 74:36:18 (Regulations for
State Facilities in the Rapid City Area)—
74:36:18:10; 74:36:20 (Construction
Permits for New Sources or
Modifications)—74:36:20:05;
74:36:01:01(73) (Subject to Regulation);
and the deletion of 74:36:04:03.01
(Minor Source Operating Permit
Variance).
We provided a detailed explanation of
the bases for our proposal. See 81 FR
52388. We invited comment on all
aspects of our proposal and provided a
30-day comment period. The comment
period ended on September 8, 2016.
In this action, we are responding to
the comments we received and taking
final rulemaking action on the rules
from the State’s July 29, 2013 and
October 23, 2015, submittals.
II. Brief Discussion of Statutory and
Regulatory Requirements
The changes we are taking final action
to approve are consistent with the CAA
and EPA regulations. Specifically:
1. CAA section 110(a)(2)(C), requires
each state plan to include ‘‘a program to
provide for the . . . regulation of the
modification and construction of any
stationary source within the areas
covered by the plan as necessary to
assure that the National Ambient Air
Quality Standards [NAAQS] are
achieved, including a permit program as
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required in parts C and D of this
subchapter.’’
2. CAA section 165, lays out the
requirements for obtaining a permit that
must be included in a state’s SIPapproved permit program. South
Dakota’s Air Pollution Control Program
imposes these requirements on sources,
and the State’s proposed plan clearly
satisfies the requirements of these
statutory provisions.
3. CAA section 110(a)(2)(A), requires
that SIPs contain enforceable emissions
limitations and other control measures.
Under section CAA section 110(a)(2),
the enforceability requirement in
section 110(a)(2)(A) applies to all plans
submitted by a state. Chapter 6, section
13 creates enforceable obligations for
sources by removing phrases such as
‘‘the plan shall provide’’ and ‘‘the plan
may provide.’’
4. CAA section 110(i), (with certain
limited exceptions) prohibits states from
modifying SIP requirements for
stationary sources except through the
SIP revision process. By eliminating
unspecified procedures that were
referenced in the May 10, 2011
submittal, the November 6, 2015
submittal addresses this issue.
In addition, the CAA (section
110(a)(2)(C)) and 40 CFR 51.160 require
states to have legally enforceable
procedures to prevent construction or
modification of a source if it would
violate any SIP control strategies or
interfere with attainment or
maintenance of the NAAQS. Such
minor New Source Review (NSR)
programs are for pollutants from
stationary sources that do not require
prevention of significant deterioration
(PSD) or nonattainment NSR permits.
States may customize the requirements
of the minor NSR program as long as
their program meets minimum
requirements.
Section 110(l) of the CAA states:
‘‘[e]ach revision to an implementation
plan submitted by a State under this Act
shall be adopted by such State after
reasonable notice and public hearing.
The Administrator shall not approve a
revision to a plan if the revision would
interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171), or any other applicable
requirement of this chapter.’’
The states’ obligation to comply with
each of the NAAQS is considered as
‘‘any applicable requirement(s)
concerning attainment.’’ A
demonstration is necessary to show that
this SIP revision will not interfere with
attainment or maintenance of the
NAAQS, including those for ozone,
particulate matter, carbon monoxide
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(CO), sulfur dioxide (SO2), lead,
nitrogen oxides (NOX) or any other
requirement of the Act. South Dakota’s
demonstration of noninterference (see
docket), provides sufficient basis that
new revisions to ARSD 74:36 will not
interfere with attainment, reasonable
further progress (RFP), or any other
applicable requirement of the CAA.
Further details can be found in our
proposed rulemaking.
III. Response to Comments
We received one comment during the
public comment period. This comment
was not related to the EPA’s proposed
rulemaking for South Dakota’s
permitting program changes which was
published on August 8, 2016. As such,
we are not providing a response to this
comment.
IV. Final Action
As outlined in our proposed
rulemaking, the EPA finds that the
addition of new, revised and removed
rules to ARSD 74:36 will not interfere
with attainment or maintenance of any
of the NAAQS in the State of South
Dakota and will not interfere with any
other applicable requirement of the Act
or the EPA regulations as outlined in
section II of this rulemaking (see
proposed rulemaking for detailed
rational); and thus, are approvable
under CAA section 110(l). Therefore, we
are taking final action to approve South
Dakota’s revisions as submitted on
October 23, 2015. We are not taking
action on South Dakota’s July 29, 2013
submittal because it was superseded.
In our final rule published in the
Federal Register on February 16, 2016
(81 FR 7706) we inadvertently used an
incorrect approval date in the updates to
the South Dakota regulatory table. The
EPA is taking final action to correct this
error with this action. The IBR material
for our February 16, 2016 action is
contained within this docket.
V. Incorporation by Reference
In this rule, the EPA is taking final
action to include in a final EPA rule
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is taking final action to
incorporate by reference the
Administrative Rules of South Dakota
pertaining to their permitting rules as
outlined in section I. The EPA has
made, and will continue to make, these
documents generally available
electronically through https://
www.regulations.gov and/or at the EPA
Region 8 Office (please contact the
person identified in the ‘‘For Further
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70627
Information Contact’’ section of this
preamble for more information).
VI. 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, the 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 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 (Public Law 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 the 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 approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
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Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations
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 (CRA),
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. The 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 12, 2016. Filing a
Rule No.
*
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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 26, 2016.
Richard D. Buhl,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
Subpart QQ—South Dakota
2. In § 52.2170, the table in paragraph
(c) is amended by revising entries
‘‘74:36:01:01’’, ‘‘74:36:01:05’’,
‘‘74:36:01:10’’, ‘‘74:36:01:20’’;
‘‘74:36:02:02’’, ‘‘74:36:02:03’’,
‘‘74:36:02:04’’, ‘‘74:36:02:05’’;
‘‘74:36:03:01’’, ‘‘74:36:03:02’’;
‘‘74:36:04:03’’, ‘‘74:36:04:04’’,
‘‘74:36:04:21’’; ‘‘74:36:09:02’’,
‘‘74:36:09:03’’; ‘‘74:36:10:02’’,
‘‘74:36:10:03.01’’, ‘‘74:36:10:05’’
‘‘74:36:10:06’’ ‘‘74:36:10:07’’
‘‘74:36:10:08’’; ‘‘74:36:11:01’’;
‘‘74:36:12:01’’, ‘‘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’’;
‘‘74:36:18:10’’; ‘‘74:36:20:02’’,
‘‘74:36:20:05’’; ‘‘74:36:21:02’’,
‘‘74:36:21:04’’, ‘‘74:36:21:05’’, and
‘‘74:36:21:09’’ to read as follows:
■
§ 52.2170
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority for citation for part 52
continues to read as follows:
■
State effective
date
Rule title
*
Authority: 42 U.S.C. 7401 et seq.
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EPA effective
date
*
Final rule citation, date
*
Comments
*
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74:36:01. Definitions
74:36:01:01 ................
Definitions .........................
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74:36:01:05 ................
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Applicable requirements of
the Clean Air Act defined.
*
74:36:01:10 ................
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Modification defined ..........
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74:36:01:20 ................
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Physical change in or
change in the method of
operation defined.
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Except for
74:36:01:01.(73).
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[Insert Federal Register
citation], 10/13/2016.
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[Insert Federal Register
citation], 10/13/2016.
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[Insert Federal Register
citation], 10/13/2016.
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[Insert Federal Register
citation], 10/13/2016.
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[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
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74:36:02. Ambient Air Quality
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74:36:02:02 ................
74:36:02:03 ................
74:36:02:04 ................
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Ambient air quality standards.
Methods of sampling and
analysis.
Ambient air monitoring
network.
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Rule No.
74:36:02:05 ................
State effective
date
Rule title
Air quality monitoring requirements.
EPA effective
date
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Final rule citation, date
Comments
[Insert Federal Register
citation], 10/13/2016.
74:36:03. Air Quality Episodes
74:36:03:01 ................
74:36:03:02 ................
Air pollution emergency
episode.
Episode emergency contingency plan.
........................
11/14/2016
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11/14/2016
[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
74:36:04. Operating Permits for Minor Sources
*
74:36:04:03 ................
*
*
Emission unit exemptions
74:36:04:04 ................
Standard for issuance of a
minor source operating
permit.
*
74:36:04:21 ................
*
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Permit modifications .........
*
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*
10/13/2015
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10/13/2015
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[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
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[Insert Federal Register
citation], 10/13/2016.
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74:36:09. Prevention of Significant Deterioration
*
74:36:09:02 ................
74:36:09:03 ................
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Prevention of significant
deterioration.
Public participation ............
*
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11/14/2016
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11/14/2016
*
*
[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
*
Except for
74:36:09:02.(10).
74:36:10. New Source Review
*
74:36:10:02 ................
*
*
Definitions .........................
74:36:10:03.01 ...........
New source review
preconstruction permit
required.
New source review
preconstruction permit.
Causing or contributing to
a violation of any national ambient air quality
standard.
Determining credit for
emission offsets.
Projected actual emissions
74:36:10:05 ................
74:36:10:06 ................
74:36:10:07 ................
74:36:10:08 ................
*
*
*
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[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
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[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
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[Insert Federal Register
citation], 10/13/2016.
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74:36:11. Performance Testing
74:36:11:01 ................
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Stack performance testing
or other testing methods.
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10/13/2015
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11/14/2016
[Insert Federal Register
citation], 10/13/2016.
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74:36:12. Control of Visible Emissions
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74:36:12:01 ................
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Restrictions on visible
emissions.
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State effective
date
Rule No.
Rule title
*
74:36:12:03 ................
*
*
Exceptions granted to alfalfa pelletizers or
dehydrators.
EPA effective
date
*
10/13/2015
11/14/2016
Final rule citation, date
Comments
*
*
[Insert Federal Register
citation], 10/13/2016.
*
74:36:13. Continuous Emission Monitoring Systems
*
74:36:13:02 ................
74:36:13:03 ................
*
*
Minimum performance
specifications for all continuous emission monitoring systems.
Reporting requirements ....
*
10/13/2015
11/14/2016
10/13/2015
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10/13/2015
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74:36:13:04 ................
Notice to department of
exceedance.
*
74:36:13:06 ................
*
*
Compliance certification ....
10/13/2015
11/14/2016
74:36:13:07 ................
Credible evidence .............
10/13/2015
11/14/2016
74:36:13:08 ................
Compliance assurance
monitoring.
10/13/2015
11/14/2016
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[Insert Federal Register
citation], 10/13/2016.
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[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
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[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
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[Insert Federal Register
citation], 10/13/2016.
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74:36:18. Regulations for State Facilities in the Rapid City Area
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74:36:18:10 ................
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Visible emission limit for
construction and continuous operation activities.
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10/13/2015
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11/14/2016
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[Insert Federal Register
citation], 10/13/2016.
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11/14/2016
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[Insert Federal Register
citation], 10/13/2016.
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11/14/2016
74:36:20. Construction Permits for New Sources or Modifications
*
74:36:20:02 ................
*
Construction permit required.
*
74:36:20:05 ................
*
*
Standard for issuance of
construction permit.
*
*
*
*
10/13/2015
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10/13/2015
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[Insert Federal Register
citation], 10/13/2016.
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[Insert Federal Register
citation], 10/13/2016.
[Insert Federal Register
citation], 10/13/2016.
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citation], 10/13/2016.
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10/13/2015
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74:36:21:05 ................
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Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations
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[FR Doc. 2016–24648 Filed 10–12–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2008–0486; EPA–R01–
OAR–2008–0223; EPA–R01–OAR–2008–
0447; EPA–R01–OAR–2009–0358; FRL–
9953–85–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans; Maine,
New Hampshire, Rhode Island, and
Vermont; Interstate Transport of Air
Pollution
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
EPA is approving State
Implementation Plan (SIP) revisions
submitted by the Maine Department of
Environmental Protection (ME DEP), the
New Hampshire Department of
Environmental Services (NH DES), the
Rhode Island Department of
Environmental Management (RI DEM)
and the Vermont Department of
Environmental Conservation (VT DEC).
These SIP revisions address provisions
of the Clean Air Act that require each
state to submit a SIP to address
emissions that may adversely affect
another state’s air quality through
interstate transport. The EPA has
concluded that all four States have
adequate provisions to prohibit in-state
emissions activities from significantly
contributing to the nonattainment, or
interfering with the maintenance, of the
2008 ozone National Ambient Air
Quality Standards (NAAQS) in any
other state. The intended effect of this
action is to approve the SIP revisions
submitted by Maine, New Hampshire,
Rhode Island, and Vermont. This action
is being taken under the Clean Air Act.
DATES: This rule is effective on
November 14, 2016.
ADDRESSES: EPA has established
separate dockets for this action under
Docket Identification No.’s EPA–R01–
OAR–2008–0486 for Maine, EPA–R01–
OAR–2008–0223 for New Hampshire,
EPA–R01–OAR–2008–0447 for Rhode
Island, and EPA–R01–OAR–2009–0358
for Vermont. All documents in the
docket are listed on the https://
www.regulations.gov Web site, although
some information, such as confidential
business information or other
information whose disclosure is
restricted by statute is not publically
available. Certain other material, such as
Lhorne on DSK30JT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
13:32 Oct 12, 2016
Jkt 241001
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://www.regulations.gov
or at the U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Quality Planning Unit, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard P. Burkhart, Air Quality
Planning Unit, Air Programs Branch
(Mail Code OEP05–02), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109–
3912; (617) 918–1664;
burkhart.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
This rulemaking approves SIP
submissions from the ME DEP, the NH
DES, the RI DEM, and the VT DEC. The
SIP revisions were submitted on the
following dates: October 26, 2015
(Maine); November 17, 2015 (New
Hampshire); June 23, 2015 (Rhode
Island) and November 2, 2015
(Vermont). These SIP submissions
address the requirements of Clean Air
Act (CAA) section 110(a)(2)(D)(i)(I) for
the 2008 ozone NAAQS.1
On August 23, 2016 (81 FR 57519),
EPA published a notice of proposed
rulemaking (NPR) proposing approval of
these four SIP submissions. The specific
details of each state’s SIP submission
and the rationale for EPA’s approval of
each SIP submission are discussed in
the NPR and will not be restated here.
1 We note that while the SIP revisions submitted
by Maine, New Hampshire, and Rhode Island
address only the transport elements of CAA section
110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS,
Vermont’s submittal addresses all of the
infrastructure elements of CAA section 110(a)(2) for
the 2008 ozone NAAQS. Today’s action, however,
only addresses the transport elements of Vermont’s
submittal.
PO 00000
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70631
II. Public Comments
EPA did not receive any comments in
response to the NPR.
III. Final Action
EPA is approving the SIP revisions
submitted by the states on the following
dates as meeting the interstate transport
requirements of CAA section
110(a)(2)(D)(i)(I) for the 2008 ozone
NAAQS: October 26, 2015 (Maine);
November 7, 2015 (New Hampshire);
June 23, 2015 (Rhode Island); and
November 2, 2015 (Vermont). EPA has
reviewed these SIP revisions and has
found that they satisfy the relevant CAA
requirements.
IV. 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 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
E:\FR\FM\13OCR1.SGM
13OCR1
]]>Agencies
[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Rules and Regulations]
[Pages 70626-70631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24648]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2016-0424; FRL-9953-92-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
South Dakota; Revisions to the Permitting Rules
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) revisions submitted
by the State of South Dakota on October 23, 2015 and July 29, 2013
related to South Dakota's Air Pollution Control Program. The October
23, 2015 submittal revises certain definitions and dates of
incorporation by reference and contains new, amended and renumbered
rules. In this rulemaking, we are taking final action on all portions
of the October 23, 2015 submittal, except for those portions of the
submittal which do not belong in the SIP. This action is being taken
under section 110 of the Clean Air Act (CAA).
DATES: This final rule is effective on November 14, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2016-0424. All documents in the docket are
listed on the https://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 electronically
through https://www.regulations.gov, or please contact the person
identified in the ``For Further Information Contact'' section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129, (303) 312-6227,
leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the EPA approving?
The EPA is approving all revisions as submitted by the State of
South Dakota on October 23, 2015, with the exception of the revisions
that we are not acting on, as outlined in section III of our proposed
rulemaking published on August 8, 2016 (81 FR 52388). We are taking
final action to approve the following revisions: (1) 74:36:01:01
(Definitions) - 74:36:01:01(8), 74:36:01:01(29), 74:36:01:01(67),
74:36:01:01(73), 74:36:01:05, and 74:36:01:20 ; 74:36:02 (Ambient Air
Quality)--74:36:02:02, 74:36:02:03, 74:36:02:04 and 74:36:02:05;
74:36:03 (Air Quality Episodes)--74:36:03:01 and 74:36:03:02; 74:36:04
(Operating Permits for Minor Sources)--74:36:04:04, 74:36:04:03 and
74:36:04:21.01; 74:36:09 (Prevention of Significant Deterioration)--
74:36:09:02, 74:36:09:03, 74:36:09:02(7), 74:36:09:02(8) and
74:36:09:02(9); 74:36:10 (New Source Review)-- 74:36:10:02,
74:36:10:03.01, 74:36:10:05, 74:36:10:07 and 74:36:10:08; 74:36:11
(Performance Testing)--74:36:11:01; 74:36:12 (Control of Visible
Emissions)--74:36:12:01 and 74:36:12:03; 74:36:18 (Regulations for
State Facilities in the Rapid City Area)--74:36:18:10; 74:36:20
(Construction Permits for New Sources or Modifications)--74:36:20:05;
74:36:01:01(73) (Subject to Regulation); and the deletion of
74:36:04:03.01 (Minor Source Operating Permit Variance).
We provided a detailed explanation of the bases for our proposal.
See 81 FR 52388. We invited comment on all aspects of our proposal and
provided a 30-day comment period. The comment period ended on September
8, 2016.
In this action, we are responding to the comments we received and
taking final rulemaking action on the rules from the State's July 29,
2013 and October 23, 2015, submittals.
II. Brief Discussion of Statutory and Regulatory Requirements
The changes we are taking final action to approve are consistent
with the CAA and EPA regulations. Specifically:
1. CAA section 110(a)(2)(C), requires each state plan to include
``a program to provide for the . . . regulation of the modification and
construction of any stationary source within the areas covered by the
plan as necessary to assure that the National Ambient Air Quality
Standards [NAAQS] are achieved, including a permit program as
[[Page 70627]]
required in parts C and D of this subchapter.''
2. CAA section 165, lays out the requirements for obtaining a
permit that must be included in a state's SIP-approved permit program.
South Dakota's Air Pollution Control Program imposes these requirements
on sources, and the State's proposed plan clearly satisfies the
requirements of these statutory provisions.
3. CAA section 110(a)(2)(A), requires that SIPs contain enforceable
emissions limitations and other control measures. Under section CAA
section 110(a)(2), the enforceability requirement in section
110(a)(2)(A) applies to all plans submitted by a state. Chapter 6,
section 13 creates enforceable obligations for sources by removing
phrases such as ``the plan shall provide'' and ``the plan may
provide.''
4. CAA section 110(i), (with certain limited exceptions) prohibits
states from modifying SIP requirements for stationary sources except
through the SIP revision process. By eliminating unspecified procedures
that were referenced in the May 10, 2011 submittal, the November 6,
2015 submittal addresses this issue.
In addition, the CAA (section 110(a)(2)(C)) and 40 CFR 51.160
require states to have legally enforceable procedures to prevent
construction or modification of a source if it would violate any SIP
control strategies or interfere with attainment or maintenance of the
NAAQS. Such minor New Source Review (NSR) programs are for pollutants
from stationary sources that do not require prevention of significant
deterioration (PSD) or nonattainment NSR permits. States may customize
the requirements of the minor NSR program as long as their program
meets minimum requirements.
Section 110(l) of the CAA states: ``[e]ach revision to an
implementation plan submitted by a State under this Act shall be
adopted by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision to a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 171), or any
other applicable requirement of this chapter.''
The states' obligation to comply with each of the NAAQS is
considered as ``any applicable requirement(s) concerning attainment.''
A demonstration is necessary to show that this SIP revision will not
interfere with attainment or maintenance of the NAAQS, including those
for ozone, particulate matter, carbon monoxide (CO), sulfur dioxide
(SO2), lead, nitrogen oxides (NOX) or any other
requirement of the Act. South Dakota's demonstration of noninterference
(see docket), provides sufficient basis that new revisions to ARSD
74:36 will not interfere with attainment, reasonable further progress
(RFP), or any other applicable requirement of the CAA. Further details
can be found in our proposed rulemaking.
III. Response to Comments
We received one comment during the public comment period. This
comment was not related to the EPA's proposed rulemaking for South
Dakota's permitting program changes which was published on August 8,
2016. As such, we are not providing a response to this comment.
IV. Final Action
As outlined in our proposed rulemaking, the EPA finds that the
addition of new, revised and removed rules to ARSD 74:36 will not
interfere with attainment or maintenance of any of the NAAQS in the
State of South Dakota and will not interfere with any other applicable
requirement of the Act or the EPA regulations as outlined in section II
of this rulemaking (see proposed rulemaking for detailed rational); and
thus, are approvable under CAA section 110(l). Therefore, we are taking
final action to approve South Dakota's revisions as submitted on
October 23, 2015. We are not taking action on South Dakota's July 29,
2013 submittal because it was superseded.
In our final rule published in the Federal Register on February 16,
2016 (81 FR 7706) we inadvertently used an incorrect approval date in
the updates to the South Dakota regulatory table. The EPA is taking
final action to correct this error with this action. The IBR material
for our February 16, 2016 action is contained within this docket.
V. Incorporation by Reference
In this rule, the EPA is taking final action to include in a final
EPA rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is taking final
action to incorporate by reference the Administrative Rules of South
Dakota pertaining to their permitting rules as outlined in section I.
The EPA has made, and will continue to make, these documents generally
available electronically through https://www.regulations.gov and/or at
the EPA Region 8 Office (please contact the person identified in the
``For Further Information Contact'' section of this preamble for more
information).
VI. 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, the 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 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 (Public Law 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 the 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 approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a
[[Page 70628]]
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 (CRA), 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. The 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 12, 2016. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 26, 2016.
Richard D. Buhl,
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 for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart QQ--South Dakota
0
2. In Sec. 52.2170, the table in paragraph (c) is amended by revising
entries ``74:36:01:01'', ``74:36:01:05'', ``74:36:01:10'',
``74:36:01:20''; ``74:36:02:02'', ``74:36:02:03'', ``74:36:02:04'',
``74:36:02:05''; ``74:36:03:01'', ``74:36:03:02''; ``74:36:04:03'',
``74:36:04:04'', ``74:36:04:21''; ``74:36:09:02'', ``74:36:09:03'';
``74:36:10:02'', ``74:36:10:03.01'', ``74:36:10:05'' ``74:36:10:06''
``74:36:10:07'' ``74:36:10:08''; ``74:36:11:01''; ``74:36:12:01'',
``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''; ``74:36:18:10'';
``74:36:20:02'', ``74:36:20:05''; ``74:36:21:02'', ``74:36:21:04'',
``74:36:21:05'', and ``74:36:21:09'' to read as follows:
Sec. 52.2170 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State EPA effective Final rule
Rule No. Rule title effective date date citation, date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:01. Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01................ Definitions..... 10/13/2015 11/14/2016 [Insert Federal Except for
Register 74:36:01:01.(7
citation], 10/ 3).
13/2016.
* * * * * * *
74:36:01:05................ Applicable 10/13/2015 11/14/2016 [Insert Federal ...............
requirements of Register
the Clean Air citation], 10/
Act defined. 13/2016.
* * * * * * *
74:36:01:10................ Modification 10/13/2015 11/14/2016 [Insert Federal ...............
defined. Register
citation], 10/
13/2016.
* * * * * * *
74:36:01:20................ Physical change 10/13/2015 11/14/2016 [Insert Federal ...............
in or change in Register
the method of citation], 10/
operation 13/2016.
defined.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:02. Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:02:02................ Ambient air 10/13/2015 11/14/2016 [Insert Federal ...............
quality Register
standards. citation], 10/
13/2016.
74:36:02:03................ Methods of 10/13/2015 11/14/2016 [Insert Federal ...............
sampling and Register
analysis. citation], 10/
13/2016.
74:36:02:04................ Ambient air 10/13/2015 11/14/2016 [Insert Federal ...............
monitoring Register
network. citation], 10/
13/2016.
[[Page 70629]]
74:36:02:05................ Air quality 10/13/2015 11/14/2016 [Insert Federal ...............
monitoring Register
requirements. citation], 10/
13/2016.
----------------------------------------------------------------------------------------------------------------
74:36:03. Air Quality Episodes
----------------------------------------------------------------------------------------------------------------
74:36:03:01................ Air pollution .............. 11/14/2016 [Insert Federal ...............
emergency Register
episode. citation], 10/
13/2016.
74:36:03:02................ Episode .............. 11/14/2016 [Insert Federal ...............
emergency Register
contingency citation], 10/
plan. 13/2016.
----------------------------------------------------------------------------------------------------------------
74:36:04. Operating Permits for Minor Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:04:03................ Emission unit 10/13/2015 11/14/2016 [Insert Federal ...............
exemptions. Register
citation], 10/
13/2016.
74:36:04:04................ Standard for 10/13/2015 11/14/2016 [Insert Federal ...............
issuance of a Register
minor source citation], 10/
operating 13/2016.
permit.
* * * * * * *
74:36:04:21................ Permit 10/13/2015 11/14/2016 [Insert Federal ...............
modifications. Register
citation], 10/
13/2016.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:09. Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:09:02................ Prevention of .............. 11/14/2016 [Insert Federal Except for
significant Register 74:36:09:02.(1
deterioration. citation], 10/ 0).
13/2016.
74:36:09:03................ Public .............. 11/14/2016 [Insert Federal ...............
participation. Register
citation], 10/
13/2016.
----------------------------------------------------------------------------------------------------------------
74:36:10. New Source Review
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:10:02................ Definitions..... .............. 11/14/2016 [Insert Federal ...............
Register
citation], 10/
13/2016.
74:36:10:03.01............. New source .............. 11/14/2016 [Insert Federal ...............
review Register
preconstruction citation], 10/
permit required. 13/2016.
74:36:10:05................ New source .............. 11/14/2016 [Insert Federal ...............
review Register
preconstruction citation], 10/
permit. 13/2016.
74:36:10:06................ Causing or .............. 11/14/2016 [Insert Federal ...............
contributing to Register
a violation of citation], 10/
any national 13/2016.
ambient air
quality
standard.
74:36:10:07................ Determining .............. 11/14/2016 [Insert Federal ...............
credit for Register
emission citation], 10/
offsets. 13/2016.
74:36:10:08................ Projected actual .............. 11/14/2016 [Insert Federal ...............
emissions. Register
citation], 10/
13/2016.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:11. Performance Testing
----------------------------------------------------------------------------------------------------------------
74:36:11:01................ Stack 10/13/2015 11/14/2016 [Insert Federal ...............
performance Register
testing or citation], 10/
other testing 13/2016.
methods.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:12. Control of Visible Emissions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:12:01................ Restrictions on 10/13/2015 11/14/2016 [Insert Federal ...............
visible Register
emissions. citation], 10/
13/2016.
[[Page 70630]]
* * * * * * *
74:36:12:03................ Exceptions 10/13/2015 11/14/2016 [Insert Federal ...............
granted to Register
alfalfa citation], 10/
pelletizers or 13/2016.
dehydrators.
----------------------------------------------------------------------------------------------------------------
74:36:13. Continuous Emission Monitoring Systems
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:13:02................ Minimum 10/13/2015 11/14/2016 [Insert Federal ...............
performance Register
specifications citation], 10/
for all 13/2016.
continuous
emission
monitoring
systems.
74:36:13:03................ Reporting 10/13/2015 11/14/2016 [Insert Federal ...............
requirements. Register
citation], 10/
13/2016.
74:36:13:04................ Notice to 10/13/2015 11/14/2016 [Insert Federal ...............
department of Register
exceedance. citation], 10/
13/2016.
* * * * * * *
74:36:13:06................ Compliance 10/13/2015 11/14/2016 [Insert Federal ...............
certification. Register
citation], 10/
13/2016.
74:36:13:07................ Credible 10/13/2015 11/14/2016 [Insert Federal ...............
evidence. Register
citation], 10/
13/2016.
74:36:13:08................ Compliance 10/13/2015 11/14/2016 [Insert Federal ...............
assurance Register
monitoring. citation], 10/
13/2016.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:18. Regulations for State Facilities in the Rapid City Area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:18:10................ Visible emission 10/13/2015 11/14/2016 [Insert Federal ...............
limit for Register
construction citation], 10/
and continuous 13/2016.
operation
activities.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:20. Construction Permits for New Sources or Modifications
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:20:02................ Construction 10/13/2015 11/14/2016 [Insert Federal ...............
permit required. Register
citation], 10/
13/2016.
* * * * * * *
74:36:20:05................ Standard for 10/13/2015 11/14/2016 [Insert Federal ...............
issuance of Register
construction citation], 10/
permit. 13/2016.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:21. Regional Haze Program
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:21:02................ Definitions..... 10/13/2015 11/14/2016 [Insert Federal ...............
Register
citation], 10/
13/2016.
* * * * * * *
74:36:21:04................ Visibility 10/13/2015 11/14/2016 [Insert Federal ...............
impact analysis. Register
citation], 10/
13/2016.
74:36:21:05................ BART 10/13/2015 11/14/2016 [Insert Federal ...............
determination. Register
citation], 10/
13/2016.
* * * * * * *
74:36:21:09................ Monitoring, 10/13/2015 11/14/2016 [Insert Federal ...............
recordkeeping, Register
and reporting. citation], 10/
13/2016.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 70631]]
* * * * *
[FR Doc. 2016-24648 Filed 10-12-16; 8:45 am]
BILLING CODE 6560-50-P
