[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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