[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22788]


[[Page Unknown]]

[Federal Register: September 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[FRL-5072-2]

 

Prevention of Significant Deterioration; South Dakota; Delegation 
of Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is providing notice that it granted delegation of 
authority to the State of South Dakota on July 6, 1994 to implement and 
enforce the Federal Prevention of Significant Deterioration (PSD) 
permitting regulations. This delegation was a result of a November 12, 
1993 request for delegation from the State. EPA is consequently 
revising 40 CFR 52.2178 to indicate that all future PSD permit 
applications and information should be submitted to the South Dakota 
Department of Environment and Natural Resources, rather than to the EPA 
Region VIII office.

DATES: The delegation of PSD authority became effective on July 6, 
1994.

ADDRESSES: Copies of the delegation of authority request are available 
for inspection during normal business hours at the following offices: 
Air Programs Branch, U.S. Environmental Protection Agency, Region VIII, 
999 18th Street, Suite 500, Denver, Colorado 80202-2466; and the 
Division of Environmental Regulation, Department of Environment and 
Natural Resources, Joe Foss Building, Pierre, South Dakota 57501.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, Air Programs 
Branch, U.S. Environmental Protection Agency, Region VIII, 999 18th 
Street, Suite 500, Denver, Colorado 80202-2466, (303) 293-1765.

SUPPLEMENTARY INFORMATION: On November 12, 1993, the Governor of South 
Dakota submitted a request for delegation of authority to implement and 
enforce the Federal PSD permitting regulations. After a thorough review 
of the State's implementation and enforcement procedures, the Regional 
Administrator determined that such delegation was appropriate subject 
to the conditions set forth in the following official letter to the 
Secretary of the South Dakota Department of Environment and Natural 
Resources. Therefore, pursuant to the authority delegated to him by the 
Administrator, the Regional Administrator has formally notified the 
Secretary of the South Dakota Department of Environment and Natural 
Resources by the following letter that EPA has relinquished full PSD 
regulatory authority in accordance with 40 CFR 52.21(u) to the State of 
South Dakota, effective July 6, 1994:

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

July 6, 1994

Robert E. Roberts,
Secretary, Department of Environment and Natural Resources, Joe Foss 
Building, 523 East Capitol, Pierre, South Dakota 57501-3181
    Dear Mr. Roberts: Thank you for your November 12, 1993 request 
for delegation of Prevention of Significant Deterioration (PSD) 
authority to South Dakota. The intent of delegating PSD authority is 
to reduce duplicate new source permit reviews by our respective air 
programs and provide prospective applicants with one less agency to 
deal with in obtaining a construction permit.
    Region VIII staff have evaluated the practices and procedures 
used by the State of South Dakota for review of construction permit 
applications and have determined that the technical, administrative, 
and enforcement elements of the State's air program are adequate to 
implement a delegated PSD program. Therefore, the EPA hereby grants 
to the State of South Dakota authority to implement the PSD 
regulations found in 40 CFR 52.21 and any subsequent revisions to 
the regulations, as well as determinations and interpretations which 
EPA makes related to the regulations. This delegation is made in 
accordance with the provisions found in 40 CFR 52.21(u), Delegation 
of Authority.
    This delegation is based upon the following terms and 
conditions:
    1. Authority is delegated for all sources located in the State 
of South Dakota subject to review for the Prevention of Significant 
Deterioration. This includes all source categories listed in 40 CFR 
52.21 for each pollutant regulated by the Clean Air Act. However, 
this delegation does not include sources proposing to construct on 
Indian Reservations in accordance with 40 CFR 52.21(u)(3). Further 
information on EPA's interpretation of ``Indian Reservations'' will 
be forthcoming in future rulemaking actions.
    2. The South Dakota Department of Environment and Natural 
Resources (SDDENR) and EPA will develop a communication system which 
accomplishes the following:
    a. The EPA will ensure that the Aerometric Information Retrieval 
System/AIRS Facility Subsystem (AIRS-AFS) is updated to include the 
most recent compliance information as of the time of this delegation 
for sources in the State of South Dakota which have been issued a 
PSD permit by EPA.
    b. The SDDENR will forward to the EPA, at the onset of the 
public comment period, a summary of (1) the findings related to each 
PSD application and (2) the justification of the SDDENR's 
preliminary determination. Should there be comments or concerns 
about the pending PSD permit, EPA will communicate these comments 
and concerns to the SDDENR as soon as possible before the closing of 
the public comment period.
    c. The SDDENR will forward to EPA copies of the final actions on 
PSD permit applications at the time of issuance.
    d. The status of incomplete permit applications will be provided 
to EPA on an as needed basis.
    3. Prior EPA concurrence is to be obtained on any matter 
involving the interpretation of sections 160-169 of the Clean Air 
Act or 40 CFR 52.21 to the extent that implementation, review, 
administration or enforcement of these sections have not been 
covered by EPA determinations or guidance.
    4. This delegation of authority becomes effective as of the date 
of this letter. Where it is convenient to both SDDENR and EPA and a 
benefit to the applicant, any PSD review already initiated by EPA 
prior to this delegation shall be transferred to the SDDENR for 
completion.
    5. The primary responsibility for enforcement of the PSD 
regulations in the State of South Dakota will rest with the SDDENR. 
The SDDENR will enforce the provisions and regulations that pertain 
to the PSD program. If the State enforces the delegated provisions 
in a manner inconsistent with the terms and conditions of this 
delegation of the Clean Air Act, EPA may exercise its enforcement 
authority contained in the Clean Air Act with respect to sources 
within the State of South Dakota subject to the PSD provisions.
    6. If the Regional Administrator determines that the State is 
not implementing or enforcing the PSD program in accordance with the 
terms and conditions of this delegation, the requirements of 40 CFR 
section 52.21, or the Clean Air Act, this delegation, after 
consultation with the SDDENR, may be revoked in whole or in part. 
Any such revocation shall be effective as of the date specified in a 
Notice of Revocation to the State.
    7. Permits issued under this delegation should contain language 
stating that the PSD requirements have been satisfied.
    8. The SDDENR will report to EPA by means of the AIRS-AFS the 
compliance status of subject sources.
    9. The State will at no time grant any waivers to the permit 
requirements, approve any compliance schedule, or issue any 
administrative order which violates any presently effective PSD 
provisions.
    10. The SDDENR will not accept dispersion modeling which is not 
consistent with 40 CFR Part 51, Appendix W--Guideline on Air Quality 
Models (Revised), without receiving prior concurrence from EPA. The 
SDDENR will consider new information on the dispersion modeling and 
other aspects of PSD as periodically issued by EPA.
    A notice announcing this delegation will be published in the 
Federal Register in the near future. Unless EPA receives written 
notice from the SDDENR of objections within 10 days of the receipt 
of this letter, it will be deemed that the State has accepted all 
the terms and conditions of this delegation.
    Sincerely,
Kerrigan Clough,
Acting Regional Administrator.

    The Regional Administrator finds good cause for foregoing prior 
public notice and for making this rulemaking effective immediately in 
that it is an administrative change and not one of substantive content. 
No additional substantive burdens are imposed on the parties affected. 
This delegation became effective on July 6, 1994. Therefore, it serves 
no purpose to delay the technical change of this addition of the State 
address to the Code of Federal Regulations.

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Environmental protection, 
Hydrocarbons, Intergovernmental relations, Lead, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: September 6, 1994.
Jack W. McGraw,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart QQ--South Dakota

    2. Section 52.2178 is amended by adding a new paragraph (c) to read 
as follows:


Sec. 52.2178  Significant deterioration of air quality.

* * * * *
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of South Dakota, except 
from those sources proposing to locate on Indian reservations, shall be 
submitted to the Director of the Division of Environmental Regulation, 
Department of Environment and Natural Resources, Joe Foss Building, 
Pierre, South Dakota 57501 instead of the EPA Region VIII office.

[FR Doc. 94-22788 Filed 9-14-94; 8:45 am]
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