South Dakota; Approval of Revisions to the State Air Pollution Control Rules and to the Permitting Rules for the Prevention of Significant Deterioration, 47887-47889 [2019-19571]
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47887
Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
■
September 4, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
■
Rule title
Authority: 42 U.S.C. 7401 et seq.
§ 52.1370
Subpart BB—Montana
2. In § 52.1370, the table in paragraph
(c) is amended:
■ a. By removing the entry for ‘‘17.610’’;
State effective
date
EPA final rule
date
Identification of plan.
*
*
(c) * * *
*
Final rule citation
*
Comments
*
17.8.610 ....
*
Major Open Burning
Source Restrictions.
*
7/9/2016
*
9/11/2019
*
[Insert Federal Register
citation].
*
*
*
17.8.612 ....
*
Conditional Air Quality
Open Burning Permits.
Christmas Tree Waste
Open Burning Permits.
Commercial Film Production Open Burning Permits.
Firefighter Training ..........
*
7/9/2016
*
9/11/2019
*
*
7/9/2016
9/11/2019
7/9/2016
9/11/2019
*
[Insert Federal Register
citation].
[Insert Federal Register
citation].
[Insert Federal Register
citation].
7/9/2016
9/11/2019
[Insert Federal Register
citation].
*
Conditions for Issuance or
Denial of Permit.
*
7/9/2016
*
9/11/2019
*
[Insert Federal Register
citation].
17.8.613 ....
17.8.614 ....
17.8.615 ....
*
17.8.749 ....
*
*
*
*
*
*
*
*
[FR Doc. 2019–19550 Filed 9–10–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0064; FRL–9999–16–
Region 8]
South Dakota; Approval of Revisions
to the State Air Pollution Control Rules
and to the Permitting Rules for the
Prevention of Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jspears on DSK3GMQ082PROD with RULES
1. The authority citation for part 52
continues to read as follows:
*
40 CFR part 52 is amended as follows:
State
citation
b. By adding an entry for ‘‘17.8.610’’
in numerical order; and
■ c. By revising the entries for
‘‘17.8.612,’’ ‘‘17.8.613,’’ ‘‘17.8.614,’’
‘‘17.8.615,’’ and ‘‘17.8.749’’.
The addition and revisions read as
follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
VerDate Sep<11>2014
16:37 Sep 10, 2019
Jkt 247001
*
related to South Dakota’s Air Pollution
Control Program. The October 23, 2015
submittal revises certain definitions in
the Prevention of Significant
Deterioration (PSD) permitting rules and
general definition section related to
greenhouse gases (GHGs). In this
rulemaking, we are also taking final
action on portions of the October 23,
2015 submittal, which were not acted
on in our previous final rulemaking
published on October 13, 2016. The
effect of this rulemaking is to ensure
that certain definitions in South
Dakota’s PSD rules are in compliance
with the Federal PSD requirements.
This action is being taken under the
Clean Air Act (CAA).
This final rule is effective on
October 11, 2019.
DATES:
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
(SIP) and Operating Permit Program
revisions submitted by the State of
South Dakota on October 23, 2015,
SUMMARY:
*
The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0064. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
ADDRESSES:
PO 00000
Frm 00013
Fmt 4700
*
*
(1), (3), (4), (5), (6), and (8) approved
with state effective date of 12/27/02.
(7) approved with state effective
date of 10/17/03 and revised with
state effective date of 7/9/2016.
Sfmt 4700
*
*
information is not publicly available,
e.g., 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 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 and Radiation
Division, EPA, Region 8, Mailcode
8ARD–QP, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6227, leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
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Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
I. Background
South Dakota’s PSD preconstruction
permitting program consists of sections
74–36–09–01 through 74–36–09–03.
The State’s submittal incorporated by
reference as of October 23, 2015, the
revisions to remove the GHG Tailoring
Rule Step 2 PSD permitting
requirements in 40 CFR 52.21(b)(49)(v)
from their SIP in 74:36:09:02(7)–(9)
(removing 40 CFR 52.21(b)(49)(v) as
well as the references to 40 CFR
52.21(b)(49)(v)). These revisions were
approved in 81 FR 70626 and published
on October 13, 2016 (see docket).
In this action we are taking final
action to approve two additional
revisions contained in the State’s 2015
submittal: South Dakota’s revision to the
definition of ‘‘subject to regulation’’ in
74:36:01:01 (73) 1 and the addition of
the new provision in 74:36:09–02(10).2
In our October 13, 2016 action, we did
not act on South Dakota’s revisions in
74:36:01:01(73) and 74:36:09(02)(10) for
reasons stated in our proposed
rulemaking. Those reasons will not be
re-stated here; please refer to our
proposed rulemaking which was
published on June 27, 2019 (84 FR
30686.) We also provided a detailed
explanation of the basis for our
proposed approval in our June 27, 2019,
rulemaking. We invited comment on all
aspects of our proposal and provided a
30-day comment period. The comment
period ended on July 29, 2019.
II. Response to Comments
We received no comments during the
public comment period.
jspears on DSK3GMQ082PROD with RULES
III. Final Action
For the reasons outlined in our
proposed rulemaking, the EPA is taking
final action to approve the revisions to
the definition of ‘‘subject to regulation’’
in 74:36:01:01(73) and the addition of
the new provision in 74:36:09–02(10)
that were submitted by South Dakota on
October 23, 2015. Specifically, we are
taking final action to approve:
A. Chapter 74:36:01—Definitions
Chapter 74:36:01 defines the terms
used throughout Article 74:36—Air
Pollution Control Program. South
Dakota’s October 13, 2015 submittal
revises the definition of ‘‘subject to
regulation’’ by removing its existing
reference to the definition of ‘‘subject to
regulation’’ as defined in 40 CFR 70.2
(July 1, 2012), as revised in publication
1 The State’s proposed rule changes appear in the
document titled ‘‘Appendix A, Proposed
Amendment to ARSD 74–36–Air Pollution Control
Program’’, which is in the Docket. Appendix A, p.
A–14, PDF p. 431.
2 Appendix A, p. A–175, PDF p. 330.
VerDate Sep<11>2014
16:37 Sep 10, 2019
Jkt 247001
75 FR 31607 (June 3, 2010), in
accordance with EPA requirements.
This definition is being replaced with
the first paragraph of the definition of
‘‘subject to regulation’’ found in 40 CFR
52.21(b)(49), with the addition of the
phrase ‘‘Greenhouse Gases are not
subject to regulation unless a PSD
preconstruction permit is issued
regulating greenhouse gases in
accordance with chapter 74:36:09.’’
B. Chapter 74:36:09—Prevention of
Significant Deterioration (PSD)
Chapter 74:36:09 is South Dakota’s
PSD preconstruction program for major
sources located in areas of the State that
attain the Federal national ambient air
quality standards (NAAQS). South
Dakota is adding new paragraph
74:36:09:02(10), which states: ‘‘For the
purposes of this section, 40 CFR
52.21(b)(49)(iv)(b), the term ‘also will
have an emissions increase of a
regulated NSR pollutant’ means ‘also
will have a major modification of a
regulated NSR pollutant that is not
GHG.’ ’’
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the State
of South Dakota’s revisions to its SIP as
described in section III of this preamble.
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and at the EPA Region 8 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.3
V. 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
3 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00014
Fmt 4700
Sfmt 4700
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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, 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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, 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
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
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Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
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 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 November 12,
2019. Filing a petition for
State
effective
date
*
*
Definitions ....................................
*
74:36:09:02 ......
*
*
Prevention of Significant Deterioration.
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0598; FRL–9999–
55—Region 4]
Air Plan Approval; NC: Revision to I/M
Program & Update to Charlotte
Maintenance Plan for the 2008 8-Hour
Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) revision submitted by the North
Carolina Department of Environmental
Quality, Division of Air Quality (DAQ),
on July 25, 2018, which revises the
model year coverage for vehicles in the
22 counties subject to North Carolina’s
SUMMARY:
VerDate Sep<11>2014
16:37 Sep 10, 2019
Jkt 247001
EPA
effective
date
1. The authority for citation for part 52
continues to read as follows:
■
Subpart QQ—South Dakota
2. In § 52.2170, paragraph (c) is
amended by revising the table entries
for ‘‘74:36:01:01’’ and ‘‘74:36:09:02’’ to
read as follows:
■
§ 52.2170
*
*
9/11/2019, [insert Federal Register citation].
*
*
*
9/11/2019, [insert Federal Register citation].
*
10/11/2019
*
*
This rule will be effective
October 11, 2019.
DATES:
Frm 00015
Fmt 4700
*
10/11/2019
expanded inspection and maintenance
(I/M) program. The SIP revision also
includes a demonstration that the
requested revision to the vehicle model
year coverage will not interfere with
attainment or maintenance of any
national ambient air quality standards
(NAAQS) or with any other applicable
requirements of the Clean Air Act (CAA
or Act). In addition, North Carolina’s
July 25, 2018, SIP revision updates the
State’s maintenance plan and associated
motor vehicle emissions budgets
(MVEBs) used in transportation
conformity for the North Carolina
portion of the Charlotte-Rock Hill, NC–
SC 2008 8-hour ozone nonattainment
area (hereafter also referred to as the
‘‘Area’’ or the ‘‘Charlotte Area’’) to
reflect the change in vehicle model year
coverage for the I/M program. EPA has
determined that North Carolina’s July
25, 2018, SIP revision will not interfere
with and is consistent with the
applicable provisions of the Clean Air
Act (CAA or Act).
PO 00000
*
Comments
*
10/15/2015
Identification of plan.
*
*
(c) * * *
Final rule citation, date
*
10/15/2015
*
[FR Doc. 2019–19571 Filed 9–10–19; 8:45 am]
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
*
74:36:01:01 ......
*
40 CFR part 52 is amended as follows:
Authority: 42 U.S.C. 7401 et seq.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
Rule title
*
Dated: September 4, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
List of Subjects in 40 CFR Part 52
Rule No.
*
jspears on DSK3GMQ082PROD with RULES
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 section
307(b)(2).)
Sfmt 4700
*
*
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0598. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if possible, you contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
ADDRESSES:
E:\FR\FM\11SER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47887-47889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19571]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0064; FRL-9999-16-Region 8]
South Dakota; Approval of Revisions to the State Air Pollution
Control Rules and to the Permitting Rules for the Prevention of
Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) and Operating Permit
Program revisions submitted by the State of South Dakota on October 23,
2015, related to South Dakota's Air Pollution Control Program. The
October 23, 2015 submittal revises certain definitions in the
Prevention of Significant Deterioration (PSD) permitting rules and
general definition section related to greenhouse gases (GHGs). In this
rulemaking, we are also taking final action on portions of the October
23, 2015 submittal, which were not acted on in our previous final
rulemaking published on October 13, 2016. The effect of this rulemaking
is to ensure that certain definitions in South Dakota's PSD rules are
in compliance with the Federal PSD requirements. This action is being
taken under the Clean Air Act (CAA).
DATES: This final rule is effective on October 11, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0064. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
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 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 and Radiation
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6227, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
[[Page 47888]]
I. Background
South Dakota's PSD preconstruction permitting program consists of
sections 74-36-09-01 through 74-36-09-03. The State's submittal
incorporated by reference as of October 23, 2015, the revisions to
remove the GHG Tailoring Rule Step 2 PSD permitting requirements in 40
CFR 52.21(b)(49)(v) from their SIP in 74:36:09:02(7)-(9) (removing 40
CFR 52.21(b)(49)(v) as well as the references to 40 CFR
52.21(b)(49)(v)). These revisions were approved in 81 FR 70626 and
published on October 13, 2016 (see docket).
In this action we are taking final action to approve two additional
revisions contained in the State's 2015 submittal: South Dakota's
revision to the definition of ``subject to regulation'' in 74:36:01:01
(73) \1\ and the addition of the new provision in 74:36:09-02(10).\2\
In our October 13, 2016 action, we did not act on South Dakota's
revisions in 74:36:01:01(73) and 74:36:09(02)(10) for reasons stated in
our proposed rulemaking. Those reasons will not be re-stated here;
please refer to our proposed rulemaking which was published on June 27,
2019 (84 FR 30686.) We also provided a detailed explanation of the
basis for our proposed approval in our June 27, 2019, rulemaking. We
invited comment on all aspects of our proposal and provided a 30-day
comment period. The comment period ended on July 29, 2019.
---------------------------------------------------------------------------
\1\ The State's proposed rule changes appear in the document
titled ``Appendix A, Proposed Amendment to ARSD 74-36-Air Pollution
Control Program'', which is in the Docket. Appendix A, p. A-14, PDF
p. 431.
\2\ Appendix A, p. A-175, PDF p. 330.
---------------------------------------------------------------------------
II. Response to Comments
We received no comments during the public comment period.
III. Final Action
For the reasons outlined in our proposed rulemaking, the EPA is
taking final action to approve the revisions to the definition of
``subject to regulation'' in 74:36:01:01(73) and the addition of the
new provision in 74:36:09-02(10) that were submitted by South Dakota on
October 23, 2015. Specifically, we are taking final action to approve:
A. Chapter 74:36:01--Definitions
Chapter 74:36:01 defines the terms used throughout Article 74:36--
Air Pollution Control Program. South Dakota's October 13, 2015
submittal revises the definition of ``subject to regulation'' by
removing its existing reference to the definition of ``subject to
regulation'' as defined in 40 CFR 70.2 (July 1, 2012), as revised in
publication 75 FR 31607 (June 3, 2010), in accordance with EPA
requirements. This definition is being replaced with the first
paragraph of the definition of ``subject to regulation'' found in 40
CFR 52.21(b)(49), with the addition of the phrase ``Greenhouse Gases
are not subject to regulation unless a PSD preconstruction permit is
issued regulating greenhouse gases in accordance with chapter
74:36:09.''
B. Chapter 74:36:09--Prevention of Significant Deterioration (PSD)
Chapter 74:36:09 is South Dakota's PSD preconstruction program for
major sources located in areas of the State that attain the Federal
national ambient air quality standards (NAAQS). South Dakota is adding
new paragraph 74:36:09:02(10), which states: ``For the purposes of this
section, 40 CFR 52.21(b)(49)(iv)(b), the term `also will have an
emissions increase of a regulated NSR pollutant' means `also will have
a major modification of a regulated NSR pollutant that is not GHG.' ''
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the State
of South Dakota's revisions to its SIP as described in section III of
this preamble. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 8 Office (please contact the person identified in the For
Further Information Contact section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, 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 CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, 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 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
[[Page 47889]]
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 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 November 12, 2019. 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 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.
Dated: September 4, 2019.
Gregory Sopkin,
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, paragraph (c) is amended by revising the table
entries for ``74:36:01:01'' and ``74:36:09:02'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:01:01......... Definitions.... 10/15/2015 10/11/2019 9/11/2019, ........................
[insert
Federal
Register
citation].
* * * * * * *
74:36:09:02......... Prevention of 10/15/2015 10/11/2019 9/11/2019, ........................
Significant [insert
Deterioration. Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-19571 Filed 9-10-19; 8:45 am]
BILLING CODE 6560-50-P
