[Federal Register Volume 71, Number 156 (Monday, August 14, 2006)]
[Rules and Regulations]
[Pages 46403-46409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13166]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0604; FRL-8208-8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of South Dakota; Revisions to the Administrative Rules of South 
Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final rule and NSPS Delegation.

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SUMMARY: EPA is taking direct final action approving a State 
Implementation Plan (SIP) revisions submitted by the State of South 
Dakota on January 14, 2005. The January 14, 2005 submittal revises the 
Administrative Rules of South Dakota, Air Pollution Control Program, by 
modifying the chapters pertaining to definitions, ambient air quality, 
air quality episodes, operating permits for minor sources, regulated 
air pollutant emissions, new source review, performance testing, 
control of visible emissions, and continuous emission monitoring 
systems. In addition, the State made revisions to the Prevention of 
Significant Deterioration program, which has been delegated to the 
State. The intended effect of this action is to make these revisions 
federally enforceable. We are also announcing that on March 23, 2005, 
we updated the delegation of authority for the implementation and 
enforcement of the New Source Performance Standards to the State of 
South Dakota. These actions are being taken under sections 110 and 111 
of the Clean Air Act.

DATES: This rule is effective on October 13, 2006 without further 
notice, unless EPA receives adverse comment by September 13, 2006. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2006-0604, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected] and [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
     Hand Delivery: Richard R. Long, Director, Air and 
Radiation Program, Environmental Protection Agency (EPA), Region 8, 
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m. 
to 4:55 p.m., excluding Federal holidays. Special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0604. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an (anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA, without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting 
comments, go to Section I. General Information of the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is

[[Page 46404]]

restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
http://www.regulations.gov or in hard copy at the Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, 999 18th 
Street, Suite 300, Denver, Colorado 80202-2466. EPA requests that if at 
all possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT:  Laurel Dygowski, EPA Region 8, 999 
18th Street, Suite 200, Mailcode 8P-AR, Denver, CO 80202 (303) 312-
6144, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Summary of SIP revision
III. Revisions to Delegated Programs
IV. Final Action
V. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or South Dakota mean the State of South 
Dakota, unless the context indicates otherwise.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark 
the part or all of the information that you claim to be CBI. For CBI 
information in a disk or CD ROM that you mail to EPA, mark the outside 
of the disk or CD ROM as CBI and then identify electronically within 
the disk or CD ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Summary of SIP Revision

    On January 14, 2005, the State of South Dakota submitted revisions 
to its State Implementation Plan (SIP). The specific revisions to the 
SIP contained in the January 14, 2005 submittal are explained below. 
The January 14, 2005 submittal also contained revisions to other 
sections of the Administrative Rules of South Dakota (ARSD) that are 
not part of the SIP. This rule does not address revisions to ARSD 
74:36:05, 74:36:07, 74:36:08, or 74:36:16 that were part of the January 
14, 2005 submittal.

A. ARSD 74:36:01--Definitions

    ARSD 74:36:01 was revised to repeal the definitions for ``actual 
emissions'', ``major modification'', ``reconstruction of sources'', and 
``significant''. These terms pertain to federal programs that the State 
adopts by reference and the Federal programs define these terms. The 
State adopts by reference the definitions for actual emissions and 
major modification in ARSD 74:36:10:02, the definition for 
reconstruction of sources in ARSD 74:36:07:01 and 74:36:08:01, and 
significant in ARSD 7436:09:02. Therefore, the State is repealing these 
definitions and has adopted by reference the Federal definitions. The 
State is deleting the definitions for ``Part 70'' and ``reference 
method'' since they are not used anywhere in article 74:36, and is 
revising the definition for ``permit modification'' to reflect that the 
term permit modification pertains to both Part 70 operating permits and 
minor operating permits. The State has revised the definitions for 
``categories of sources'' and ``modification'' to make them equivalent 
to the federal definitions. In addition, the State has revised several 
definitions to update the incorporation of the Code of Federal 
Regulations (CFR) to the July 1, 2003 CFR and has made minor 
typographical corrections.

B. ARSD 74:36:02--Ambient Air Quality and ARSD 74:36:03--Air Quality 
Episodes

    The State has revised these sections to update the incorporation of 
the CFR to the July 1, 2003 CFR and has made minor typographical 
corrections.

C. ARSD 74:36:04--Operating Permits for Minor Sources

    Subsection 74:36:04:04 contains the standard that is used to issue 
an operating permit. Both a new source and a permit modification must 
demonstrate that it will not interfere with the attainment or 
maintenance of the National Ambient Air Quality Standards (NAAQS). The 
State has revised this subsection to include the term permit 
modification which was not previously included. The State has also 
revised this section to update the incorporation of the CFR to the July 
1, 2003 CFR and has made minor typographical corrections.

D. ARSD 74:36:06--Regulated Air Pollutant Emissions

    Subsection 74:36:06:04 pertains to particulate emission 
restrictions for incinerators and wood waste burners. The State is 
revising this section to include a reference to chapter 74:36:08 to 
include emission limits from this chapter that apply to incinerators. 
The State is also revising subsection 74:36:06:06, which identifies 
those units that emit enough air pollutants to warrant a stack 
performance test to ensure compliance with state and federal air 
emission limits. Prior to this revision, this subsection only 
identified new units and a major modification as having to perform a 
stack test. The State is revising this section by removing the term 
``major'' so that any modification will require a stack performance 
test to ensure compliance.

[[Page 46405]]

E. ARSD 74:36:10--New Source Review, ARSD 74:36:11--Performance 
Testing, ARSD 74:36:12--Control of Visible Emissions, and ARSD 
74:36:13--Continuous Emission Monitoring Systems

    The State has revised these sections to update the incorporation of 
the CFR to the July 1, 2003 CFR and has made minor typographical 
corrections.

III. Revisions to Delegated Programs

A. ARSD 74:36:07--New Source Performance Standards (NSPS)

    The January 14, 2005 submittal by the State updated the effective 
date of the incorporated by reference NSPS to July 1, 2003. EPA is 
announcing that on March 23, 2005, we updated the delegation of 
authority for the implementation and enforcement of the NSPS to the 
State. The March 23, 2005 letter of delegation to the State follows:

Steven M. Pirner, Secretary,
South Dakota Department of
Environment and Natural Resources,
523 East Capitol,
Pierre, SD 57501-3182.

    Dear Mr. Pirner:
    On January 14, 2005, the State submitted a revision to the Air 
Pollution Control Program for South Dakota. Specifically, the state 
revised its rules to incorporate the July 1, 2003 Code of Federal 
Regulations. This revision, in effect, updates the citation of the 
incorporated Federal New Source Performance Standards (NSPS) to July 
1, 2003.
    Subsequent to states adopting NSPS regulations, EPA delegates 
the authority for the implementation and enforcement of those NSPS, 
so long as the state's regulations are equivalent to the Federal 
regulations. EPA reviewed the pertinent statutes and regulations of 
the State of South Dakota and determined that they provide an 
adequate and effective procedure for the implementation and 
enforcement of the NSPS by the State of South Dakota. Therefore, 
pursuant to section 111(c) of the Clean Air Act (Act), as amended, 
and 40 CFR part 60, EPA hereby delegates its authority for the 
implementation and enforcement of the NSPS to the State of South 
Dakota as follows:
    (A) Responsibility for all sources located, or to be located, in 
the State of South Dakota subject to the standards of performance 
for new stationary sources promulgated in 40 CFR part 60. The 
categories of new stationary sources covered by this delegation are 
all NSPS subparts in 40 CFR part 60, as in effect on July 1, 2003. 
Note this delegation does not include the emission guidelines in 
subparts Cb, Cc, Cd, Ce, BBBB and DDDD. These subparts require state 
plans which are approved under a separate process pursuant to 
section 111(d) of the Act.
    (B) Not all authorities of NSPS can be delegated to states under 
section 111(c) of the Act, as amended. The EPA Administrator retains 
authority to implement those sections of the NSPS that require: (1) 
Approving equivalency determinations and alternative test methods, 
(2) decision making to ensure national consistency, and (3) EPA 
rulemaking to implement. Therefore, of the NSPS of 40 CFR part 60 
being delegated in this letter, the enclosure lists examples of 
sections in 40 CFR part 60 that cannot be delegated to the State of 
South Dakota.
    (C) The Department of Environment and Natural Resources (DENR) 
and EPA will continue a system of communication sufficient to 
guarantee that each office is always fully informed and current 
regarding compliance status of the subject sources and 
interpretation of the regulations.
    (D) Enforcement of the NSPS in the state will be the primary 
responsibility of the DENR. If the DENR determines that such 
enforcement is not feasible and so notifies EPA, or where the DENR 
acts in a manner inconsistent with the terms of this delegation, EPA 
may exercise its concurrent enforcement authority pursuant to 
section 113 of the Act, as amended, with respect to sources within 
the State of South Dakota subject to NSPS.
    (E) The State of South Dakota will at no time grant a variance 
or waiver from compliance with NSPS regulations. Should DENR grant 
such a variance or waiver, EPA will consider the source receiving 
such relief to be in violation of the applicable Federal regulation 
and initiate enforcement action against the source pursuant to 
section 113 of the Act. The granting of such relief by the DENR 
shall also constitute grounds for revocation of delegation by EPA.
    (F) If at anytime there is a conflict between a state regulation 
and a Federal regulation (40 CFR part 60), the Federal regulation 
must be applied if it is more stringent than that of the state. If 
the state does not have the authority to enforce the more stringent 
Federal regulation, this portion of the delegation may be revoked.
    (G) If the Regional Administrator determines that a state 
procedure for enforcing or implementing the NSPS is inadequate, or 
is not being effectively carried out, this delegation may be revoked 
in whole or part. Any such revocation shall be effective as of the 
date specified in a Notice of Revocation to the DENR.
    (H) Acceptance of this delegation of presently promulgated NSPS 
does not commit the State of South Dakota to accept delegation of 
future standards and requirements. A new request for delegation will 
be required for any standards not included in the state's request of 
January 14, 2005.
    (I) Upon approval of the Regional Administrator of EPA Region 
VIII, the Secretary of DENR may subdelegate his/her authority to 
implement and enforce the NSPS to local air pollution control 
authorities in the state when such authorities have demonstrated 
that they have equivalent or more stringent programs in force.
    (J) The State of South Dakota must require reporting of all 
excess emissions from any NSPS source in accordance with 40 CFR 
60.7(c).
    (K) Performance tests shall be scheduled and conducted in 
accordance with the procedures set forth in 40 CFR part 60 unless 
alternate methods or procedures are approved by the EPA 
Administrator. Although the Administrator retains the exclusive 
right to approve equivalent and alternate test methods as specified 
in 40 CFR 60.8(b)(2) and (3), the state may approve minor changes in 
methodology provided these changes are reported to EPA Region VIII. 
The Administrator also retains the right to change the opacity 
standard as specified in 40 CFR 60.11(e).
    (L) Determinations of applicability such as those specified in 
40 CFR 60.5 and 60.6 shall be consistent with those which have 
already been made by the EPA.
    (M) Alternatives to continuous monitoring procedures or 
reporting requirements, as outlined in 40 CFR 60.13(i), may be 
approved by the state with the prior concurrence of the Regional 
Administrator.
    (N) If a source proposes to modify its operation or facility 
which may cause the source to be subject to NSPS requirements, the 
state shall notify EPA Region VIII and obtain a determination on the 
applicability of the NSPS regulations.
    (O) Information shall be made available to the public in 
accordance with 40 CFR 60.9. Any records, reports, or information 
provided to, or otherwise obtained by, the state in accordance with 
the provisions of these regulations shall be made available to the 
designated representatives of EPA upon request.
    (P) All reports required pursuant to the delegated NSPS should 
not be submitted to the EPA Region VIII office, but rather to the 
DENR.
    (Q) As 40 CFR part 60 is updated, South Dakota should revise its 
regulations accordingly and in a timely manner and submit to EPA 
requests for updates to its delegation of authority.
    EPA is approving South Dakota's request for NSPS delegation for 
all areas within the State except for land within formal Indian 
reservations located within or abutting the State of South Dakota, 
including the: Cheyenne River Indian Reservation, Crow Creek Indian 
Reservation, Flandreau Indian Reservation, Lower Brule Indian 
Reservation, Pine Ridge Indian Reservation, Rosebud Indian 
Reservation, Standing Rock Indian Reservation, Yankton Indian 
Reservation, any land held in trust by the United States for an 
Indian tribe; and any other areas which are ``Indian Country'' 
within the meaning of 18 U.S.C. 1151.
    Since this delegation is effective immediately, there is no need 
for the state to notify the EPA of its acceptance. Unless we receive 
written notice of objections from you within ten days of the date on 
which you receive this letter, the State of South Dakota will be 
deemed to accept all the terms of this delegation. EPA will publish 
an information notice in the Federal Register in the near future to 
inform the public of this delegation, in which this letter will 
appear in its entirety.
    If you have any questions on this matter, please contact me or 
have your staff contact Richard Long, Director of our Air and 
Radiation Program. We can both be reached at (800) 227-8917.

Sincerely yours,


[[Page 46406]]


Robert E. Roberts
Regional Administrator
Enclosure cc: Brian Gustafson, Administrator, South Dakota Air 
Quality Program

Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective 
Through July 1, 2003, to the State of South Dakota

   Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
          40 CFR Subparts                        Section(s)
------------------------------------------------------------------------
A.................................  60.8(b)(2) and (b)(3), and those
                                     sections throughout the standards
                                     that reference 60.8(b)(2) and
                                     (b)(3); 60.11(b) and (e); and
                                     60.13(i).
Da................................  60.45a.
Db................................  60.44b(f), 60.44b(g) and
                                     60.49b(a)(4).
Dc................................  60.48c(a)(4).
Ec................................  60.56c(i), 60.8
J.................................  60.105(a)(13)(iii) and
                                     60.106(i)(12).
Ka................................  60.114a.
Kb................................  60.111b(f)(4), 60.114b,
                                     60.116b(e)(3)(iii),
                                     60.116b(e)(3)(iv), and
                                     60.116b(f)(2)(iii).
O.................................  60.153(e).
S.................................  60.195(b).
DD................................  60.302(d)(3).
GG................................  60.332(a)(3) and 60.335(a).
VV................................  60.482-1(c)(2) and 60.484.
WW................................  60.493(b)(2)(i)(A) and 60.496(a)(1).
XX................................  60.502(e)(6)
AAA...............................  60.531, 60.533, 60.534, 60.535,
                                     60.536(i)(2), 60.537, 60.538(e) and
                                     60.539.
BBB...............................  60.543(c)(2)(ii)(B).
DDD...............................  60.562-2(c).
GGG...............................  60.592(c).
III...............................  60.613(e).
JJJ...............................  60.623.
KKK...............................  60.634.
NNN...............................  60.663(f).
QQQ...............................  60.694.
RRR...............................  60.703(e).
SSS...............................  60.711(a)(16), 60.713(b)(1)(i) and
                                     (ii), 60.713(b)(5)(i), 60.713(d),
                                     60.715(a) and 60.716.
TTT...............................  60.723(b)(1), 60.723(b)(2)(i)(C),
                                     60.723(b)(2)(iv), 60.724(e) and
                                     60.725(b).
VVV...............................  60.743(a)(3)(v)(A) and (B),
                                     60.743(e), 60.745(a) and 60.746.
WWW...............................  60.754(a)(5).
CCCC..............................  60.2030(c) identifies authorities in
                                     Subpart CCCC that cannot be
                                     delegated to the State.
------------------------------------------------------------------------

B. ARSD 74:36:09--Prevention of Significant Deterioration (PSD)

    On July 6, 1994, EPA delegated the authority to South Dakota to 
implement and enforce the Federal PSD permitting regulations (see 59 
FR 47260). In order to maintain their delegation for the 
implementation and enforcement of the PSD program, the State has 
made revisions to ARSD 74:36:09 to make it equivalent to EPA's 
regulations. The State has revised this chapter by removing the 
references to Federal Register notices published after July 1, 2002 
and adding references to the July 1, 2003 CFR. The delegation of the 
PSD program to the State still carries the same terms of delegation 
as outlined in the 1994 Federal Register notice (59 FR 47260). In 
delegating the PSD program to the State, the State agrees to follow 
EPA's interpretations of the regulations, as articulated in 
regulatory preambles, guidance, and other Agency statements.

IV. Final Action

    EPA is approving revisions to the South Dakota SIP submitted by 
the State on January 14, 2005. The revisions we are approving are 
revisions to ARSD 74:36:01, 73:36:02, 74:36:03, 74:36:04, 74:36:06, 
74:36:10, 74:36:11, 74:36:12, and 74:36:13. We are approving 
revisions to the delegated PSD program in ARSD 74:36:09. We are also 
announcing that on March 23, 2005, we updated the delegation of 
authority for the implementation and enforcement of the NSPS to the 
State of South Dakota.
    Section 110(l) of the Clean Air Act states that a SIP revision 
cannot be approved if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress towards attainment of the NAAQS or any other applicable 
requirements of the Act. The South Dakota SIP revisions that are the 
subject of this document do not interfere with the maintenance of 
the NAAQS or any other applicable requirement of the Act because of 
the following: (1) The revisions to the SIP meet Federal 
requirements and allow the State to include the most recent version 
of Federal regulations; and (2) the NSPS delegation meets the 
requirements of section 111(c) of the CAA and 40 CFR part 60. 
Therefore, section 110(l) requirements are satisfied.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the ``Proposed Rules'' section of 
today's Federal Register publication, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision 
if adverse comments are filed. This rule will be effective October 
13, 2006 without further notice unless the Agency receives adverse 
comments by September 13, 2006. If the EPA receives adverse 
comments, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. 
EPA will address all public comments in a subsequent final rule 
based on the proposed rule. The EPA will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if 
that provision may be severed from the remainder of the rule, EPA 
may adopt as final those provisions of the rule that are not the 
subject of an adverse comment.

V. Statutory and Executive Order Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is 
not subject to review by the Office of Management and Budget. For 
this reason, this action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 
This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule

[[Page 46407]]

approves pre-existing requirements under state law and does not 
impose any additional enforceable duty beyond that required by state 
law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does 
not have Federalism implications because it does not have 
substantial direct effects on the States, on the relationship 
between the national government and the States, or on the 
distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship 
or the distribution of power and responsibilities established in the 
Clean Air Act. This rule also is not subject to Executive Order 
13045 ``Protection of Children from Environmental Health Risks and 
Safety Risks'' (62 FR 19885, April 23, 1997), because it is not 
economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
In this context, in the absence of a prior existing requirement for 
the State to use voluntary consensus standards (VCS), EPA has no 
authority to disapprove a SIP submission for failure to use VCS. It 
would thus be inconsistent with applicable law for EPA, when it 
reviews a SIP submission, to use VCS in place of a SIP submission 
that otherwise satisfies the provisions of the Clean Air Act. Thus, 
the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not 
apply. This rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    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 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. EPA will submit a report 
containing this rule 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 October 13, 2006. 
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).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 1, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority 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 
the entries for chapters 74:36:01, 73:36:02, 74:36:03, 74:36:04, 
74:36:06, 74:36:10, 74:36:11, 74:36:12, and 74:36:13 of the 
Administrative Rules of South Dakota to read as follows:


Sec.  52.2170  Identification of plan.

* * * * *
    (c) EPA approved regulations.

----------------------------------------------------------------------------------------------------------------
                                                  State effective     EPA approval date and
   State citation           Title/subject               date               citation \1\          Explanations
----------------------------------------------------------------------------------------------------------------
                                              74:36:01 Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01.........  Definitions               1/2/2005...........  [Insert Federal
                       74:36:01:01(1)-(76),                           Register page number
                       (78) and (79).                                 where the document
                                                                      begins and date].
74:36:01:02.........  Actual emissions defined  Repealed--1/2/2005.  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:05.........  Applicable requirements   1/2/2005...........  [Insert Federal
                       of Clean Air Act                               Register page number
                       defined.                                       where the document
                                                                      begins and date].
74:36:01:07.........  Major modification        Repealed--1/2/2005.  [Insert Federal
                       defined.                                       Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:09.........  Categories of sources     1/2/2005...........  [Insert Federal
                       defined.                                       Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:10.........  Modification defined....  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:14.........  Reconstruction of         Repealed--1/2/2005.  [Insert Federal
                       sources defined.                               Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:16.........  Responsible official      1/2/2005...........  [Insert Federal
                       defined.                                       Register page number
                                                                      where the document
                                                                      begins and date].
73:36:01:17.........  Significant defined.....  Repealed--1/2/2005.  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:01:20.........  Physical change or        1/2/2005...........  [Insert Federal
                       change in the method of                        Register page number
                       operation.                                     where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                          74:36:02 Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
74:36:02:02.........  Ambient air quality       1/2/2005...........  [Insert Federal
                       standards.                                     Register page number
                                                                      where the document
                                                                      begins and date].
74:36:02:03.........  Methods of sampling and   1/2/2005...........  [Insert Federal
                       analysis.                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:02:04.........  Air quality monitoring    1/2/2005...........  [Insert Federal
                       network.                                       Register page number
                                                                      where the document
                                                                      begins and date].

[[Page 46408]]

 
74:36:02:05.........  Ambient air monitoring    1/2/2005...........  [Insert Federal
                       requirements.                                  Register page number
                                                                      where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                          74:36:03 Air Quality Episodes
----------------------------------------------------------------------------------------------------------------
74:36:03:01.........  Air pollution emergency   1/2/2005...........  [Insert Federal
                       episode.                                       Register page number
                                                                      where the document
                                                                      begins and date].
74:36:03:02.........  Episode emergency         1/2/2005...........  [Insert Federal
                       contingency plan.                              Register page number
                                                                      where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                  74:36:04 Operating Permits for Minor Sources
----------------------------------------------------------------------------------------------------------------
74:36:04:03.........  Operating permit          1/2/2005...........  [Insert Federal          Except
                       exemptions.                                    Register page number     74:36:04:03.01,
                                                                      where the document       Minor permit
                                                                      begins and date].        variance, not in
                                                                                               SIP.
74:36:04:04.........  Standard for issuance of  1/2/2005...........  [Insert Federal
                       operating permit.                              Register page number
                                                                      where the document
                                                                      begins and date].
74:36:04:06.........  Timely and complete       1/2/2005...........  [Insert Federal
                       application for                                Register page number
                       operating permit                               where the document
                       required.                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                   74:36:06 Regulated Air Pollutant Emissions
----------------------------------------------------------------------------------------------------------------
74:36:06:04.........  Particulate emission      1/2/2005...........  [Insert Federal
                       restrictions for                               Register page number
                       incinerators and waste                         where the document
                       wood burners.                                  begins and date].
74:36:06:06.........  Stack performance test..  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                           74:36:10 New Source Review
----------------------------------------------------------------------------------------------------------------
74:36:10:02.........  Definitions.............  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:10:03.01......  New source review         1/2/2005...........  [Insert Federal
                       preconstruction permit                         Register page number
                       required.                                      where the document
                                                                      begins and date].
74:36:10:05.........  New source review         1/2/2005...........  [Insert Federal
                       preconstruction permit.                        Register page number
                                                                      where the document
                                                                      begins and date].
74:36:10:07.........  Determining credit for    1/2/2005...........  [Insert Federal
                       emission offsets.                              Register page number
                                                                      where the document
                                                                      begins and date].
74:36:10:08.........  Projected actual          1/2/2005...........  [Insert Federal
                       emissions.                                     Register page number
                                                                      where the document
                                                                      begins and date].
74:36:10:09.........  Clean unit test for       1/2/2005...........  [Insert Federal
                       emission units subject                         Register page number
                       to lowest achievable                           where the document
                       emission rate.                                 begins and date].
74:36:10:10.........  Clean unit test for       1/2/2005...........  [Insert Federal
                       emission units                                 Register page number
                       comparable to lowest                           where the document
                       achievable emission                            begins and date].
                       rate.
----------------------------------------------------------------------------------------------------------------
                                          74:36:11 Performance Testing
----------------------------------------------------------------------------------------------------------------
74:36:11:01.........  Stack performance         1/2/2005...........  [Insert Federal
                       testing or other                               Register page number
                       testing methods.                               where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                      74:36:12 Control of Visible Emissions
----------------------------------------------------------------------------------------------------------------
74:36:12:01.........  Restrictions on visible   1/2/2005...........  [Insert Federal
                       emissions.                                     Register page number
                                                                      where the document
                                                                      begins and date].
74:36:12:03.........  Exceptions granted to     1/2/2005...........  [Insert Federal
                       alfalfa pelletizers or                         Register page number
                       dehydrators.                                   where the document
                                                                      begins and date].
----------------------------------------------------------------------------------------------------------------
                                 74:36:13 Continuous Emission Monitoring Systems
----------------------------------------------------------------------------------------------------------------
74:36:13:02.........  Minimum performance       1/2/2005...........  [Insert Federal
                       specifications for all                         Register page number
                       continuous emission                            where the document
                       monitoring systems.                            begins and date].
74:36:13:03.........  Reporting requirements..  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:13:04.........  Notice to department of   1/2/2005...........  [Insert Federal
                       exceedance.                                    Register page number
                                                                      where the document
                                                                      begins and date].
74:36:13:06.........  Compliance certification  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
74:36:13:07.........  Credible evidence.......  1/2/2005...........  [Insert Federal
                                                                      Register page number
                                                                      where the document
                                                                      begins and date].
 

[[Page 46409]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

* * * * *
 [FR Doc. E6-13166 Filed 8-11-06; 8:45 am]
BILLING CODE 6560-50-P