[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4357-4359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2497]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[FRL-5412-5]

Designation of Areas for Air Quality Planning Purposes; South 
Dakota; Approval of Redesignation Request
AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this document, EPA is approving an October 12, 1995 request 
from the designee of the Governor of South Dakota to redesignate the 
``Rest of State'' area designated under section 107 of the Clean Air 
Act (Act), which includes the entire State of South Dakota except the 
Rapid City area, from unclassifiable to attainment for PM-10. EPA is 
approving the redesignation request because the State has adequately 
demonstrated that the ``Rest of State'' is in attainment of the PM-10 
National Ambient Air Quality Standards (NAAQS) and that it will 
continue to maintain the PM-10 NAAQS. The requirements that will apply 
in the ``Rest of State'' area will not change as a result of this 
action because, for the purposes of the requirements of the Act, 
unclassifiable areas and attainment areas are treated the same.

DATES: This action is effective on April 8, 1996 unless adverse or 
critical comments are received by March 7, 1996. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Copies of the State's submittal and other relevant 
information are available for inspection during normal business hours 
at the following locations: Air Program, U.S. Environmental Protection 
Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado 
80202-2466; and South Dakota Department of Environment and Natural 
Resources, Division of Environmental Regulation, Joe Foss Building, 
Pierre, South Dakota 57501.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, U.S. 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
500, Denver, Colorado 80202-2466, (303) 312-6445.
SUPPLEMENTARY INFORMATION:
I. Background

    The State of South Dakota has two areas designated under section 
107 of the Act for PM-10 in 40 CFR 81.342, both of which are designated 
as unclassifiable: the ``Rapid City Area'' and the ``Rest of State'' 
(see 60 FR 55800, November 3, 1995, for the initial promulgation of PM-
10 table in 40 CFR 81.342). EPA designated these areas as 
unclassifiable, rather than attainment, to be consistent with section 
107(d)(4)(B) of the Act, which states that any area not initially 
designated as nonattainment for PM-10 shall be designated 
unclassifiable. Both ``unclassifiable'' and ``attainment'' areas have 
the same status relative to the applicable requirements of the Act.
    However, States do have the option of requesting redesignation of 
such areas from unclassifiable to attaintment for PM-10, if certain 
requirements are met. In a September 13, 1995 letter to the State of 
South Dakota, EPA stated that the following requirements needed to be 
met in order for EPA to redesignate an area from unclassifiable to 
attainment for PM-10:
    A. EPA must receive a request from the Governor (or his/her 
designee) to redesignate an area from unclassifiable to attainment for 
PM-10 pursuant to section 107(d)(3)(D) of the Act;
    B. The State must have a maintenance plan pursuant to section 175A 
of the Act which, for redesignation from unclassifiable to attainment, 
would include the existing State regulations approved in the SIP that 
control emissions of PM-10 in the area; and
    C. Verification of three consecutive years of clean air quality PM-
10 data for the area.
    With such a submittal showing that the area is in attainment of the 
PM-10 NAAQS and that the area will maintain attainment based on the PM-
10 controls in the SIP, EPA can redesignate an area from unclassifiable 
to attainment for PM-10.
II. Evaluation of State's Submittal
    On October 12, 1995, the designee of the Governor of South Dakota 
submitted a request pursuant to section 107(d)(3)(D) of the Act for the 
``Rest of State'' area (which includes the entire State except the 
Rapid City area) to be redesignated from unclassifiable to attainment 
for PM-10. The State's letter indicated that the air quality monitoring 
data for the ``Rest of State,'' all of which has been entered into 
EPA's aerometric information retrieval system (AIRS) database, show 
levels less than the PM-10 NAAQS. Further, the State indicated that the 
South Dakota air monitoring network for the ``Rest of State'' is 
reviewed annually to ensure that the monitors are measuring maximum PM-
10 concentrations, and that the most recent network review was sent to 
EPA in August of 1995. Last, the State indicated that Article 74:36 of 
the Administrative Rules of South Dakota (ARSD), which was most 
recently approved by EPA as part of the SIP on September 6, 1995 (60 FR 
46222), will ensure that attainment of the PM-10 NAAQS will be 
maintained in the ``Rest of State'' area.
    A review of the data entered by the State into the AIRS database 
found that the ``Rest of State'' area is in attainment of the PM-10 
NAAQS. The State currently has three PM-10 monitoring stations in the 
``Rest of State'' area: two in Sioux Falls and one in Brookings. Based 
on the information included in the most recent annual network review 
(which was approved by EPA on August 18, 1995), EPA is confident that 
these monitors are in the areas of expected maximum PM-10 
concentrations in the ``Rest of State'' area. A review of the data 
indicates there have been no violations of the PM-10 24-hour or 

[[Page 4358]]

annual NAAQS at any of these monitors in the last three calendar years 
(1992 through 1994), and the expected number of PM-10 exceedances is 
less than 1.0 per year. The PM-10 data currently in AIRS for 1995 also 
shows no violations. Thus, EPA believes the ``Rest of State'' area in 
South Dakota, which includes the entire State except the ``Rapid City 
Area,'' is in attainment of the PM-10 NAAQS.
    The State of South Dakota has many regulations in its SIP which 
will help to ensure that the ``Rest of State'' area maintains 
attainment of the PM-10 NAAQS. First, the State has a construction and 
operating permit program in ARSD 74:36:04, for minor sources greater 
than 25 tons per year, and in ARSD 74:36:05, for major sources greater 
than 100 tons per year. These regulations allow the State to issue a 
permit for a new source to construct or operate only when it has been 
shown that the new source will not prevent or interfere with attainment 
or maintenance of the NAAQS. Further, the State has also been delegated 
authority to implement the Federal prevention of significant 
deterioration (PSD) permitting program in 40 CFR 52.21 which includes, 
among other things, the requirement that new and modified major 
stationary sources comply with the PM-10 increments and apply best 
available control technology (BACT). Thus, the State's permitting 
requirements should ensure that new growth in stationary source 
emissions does not impact attainment or maintenance of the PM-10 NAAQS 
in the ``Rest of State'' area.
    In addition to the permitting requirements, the State has specific 
regulations that control the emissions of particulate matter, including 
PM-10, in ARSD 74:36:06, 74:36:07, and 74:36:15. These include 
particulate emission limits for fuel-burning units, process industry 
units, incinerators, and wood waste burners; a 20% opacity limit that 
generally applies to all sources; and open burning requirements. Last, 
the State has adopted most of the Federal new source performance 
standards (NSPS) of 40 CFR part 60 in ARSD 74:36:07, and many of these 
regulations also help to reduce PM-10 emissions. Thus, EPA believes 
these existing State regulations, which have been approved by EPA as 
part of the SIP, will help to ensure that the ``Rest of State'' area 
maintains attainment of the PM-10 NAAQS.
    Based on the fact that the ``Rest of State'' area is in attainment 
of both the 24-hour and annual PM-10 NAAQS and that the State has 
controls in place that will help to ensure the ``Rest of State'' 
maintains attainment of the PM-10 NAAQS, EPA believes it is appropriate 
to approve the State's request to redesignate the ``Rest of State'' 
from unclassifiable to attainment for PM-10. The State will still be 
required to conduct annual monitoring network reviews to ensure the PM-
10 monitors are measuring maximum concentrations, so EPA will be aware 
if the attainment status of this area changes in the future and 
triggers the need for additional PM-10 controls as required by the Act.
Final Action
    EPA is approving the State of South Dakota's request to redesignate 
the ``Rest of State'' area in 40 CFR 81.342 from unclassifiable to 
attainment for PM-10.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial action and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the State's 
request should adverse or critical comments be filed. Under the 
procedures established in the May 10, 1994 Federal Register (59 FR 
24054), this action will be effective on April 8, 1996 unless, by March 
7, 1996, adverse or critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective on April 8, 1996.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    Redesignation of an area under section 107(d)(3)(D) of the Act does 
not impose any new requirements on small entities. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any regulatory requirements on sources. The Administrator 
certifies that the approval of the redesignation request will not 
affect a substantial number of small entities.
    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    The State has requested redesignation of the ``Rest of State'' area 
from unclassifiable to attainment for PM-10, in accordance with section 
107 of the Act. EPA's approval of this redesignation request will 
impose no new requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, will result 
from this action. EPA has also determined that this final action does 
not include a mandate that may result in estimated costs of $100 
million or more to State, local, or tribal governments in the aggregate 
or to the private sector.
    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 April 8, 1996. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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).) 

[[Page 4359]]


List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: January 23, 1996.
Jack W. McGraw,
Acting Regional Administrator.
    40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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

    2. Section 81.342 is amended by revising the table for ``South 
Dakota--PM-10'' to read as follows:


Sec. 81.342  South Dakota.

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                                               South Dakota--PM-10                                              
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                                                   Designation                             Classification       
       Designated Area        ----------------------------------------------------------------------------------
                                         Date                      Type                 Date            Type    
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Rapid City Area..............  11/15/90................  Unclassifiable..........  ..............  .............
Rest of State\1\.............  April 8, 1996...........  Attainment..............  ..............  .............
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\1\ Denotes a single area designation for PSD baseline area purposes.                                           

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[FR Doc. 96-2497 Filed 2-5-96; 8:45 am]
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