[Federal Register Volume 72, Number 196 (Thursday, October 11, 2007)]
[Rules and Regulations]
[Pages 57864-57869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19831]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-0656; FRL-8479-9]


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 August 8, 2006. The August 8, 2006 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, performance 
testing, control of visible emissions, and continuous emission 
monitoring systems. The intended effect of this action is to make these 
revisions federally enforceable. We are also announcing that on July 
19, 2007, 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 December 10, 2007 without further 
notice, unless EPA receives adverse comment by November 13, 2007. 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-2007-0656, 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: Director, Air and Radiation Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
     Hand Delivery: Director, Air and Radiation Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8:00 a.m. to 4:30 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-
2007-0656. 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 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, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. 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, 8P-AR, EPA Region 8, 
1595 Wynkoop Street, Denver, CO 80202-1129, (303) 312-6144, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Summary of SIP Revision
III. Revisions to Delegated Program
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:

[[Page 57865]]

    (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 August 8, 2006, the State of South Dakota submitted revisions to 
its State Implementation Plan (SIP). The specific revisions to the SIP 
contained in the August 8, 2006 submittal are explained below. The 
August 8, 2006 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 August 8, 2006 
submittal.

A. ARSD 74:36:01--Definitions

    The State has revised sections 74:36:01:01(8)(e), (29), and (30), 
74:36:01:05(1), and 74:36:01:20(5), (7), and (8) to update the 
incorporation of the Code of Federal Regulations (CFR) to the July 1, 
2005 CFR and has revised section 74:36:01:01(77) by adding additional 
compounds that are included in the definition of ``VOC''.

B. ARSD 74:36:02--Ambient Air Quality

    The State has revised sections 74:36:02:02 through 74:36:02:05 to 
update the incorporation of the CFR to the July 1, 2005 CFR and has 
made minor typographical corrections.

C. ARSD 74:36:03--Air Quality Episodes

    The State has revised chapter 74:36:03 to update the incorporation 
of the CFR to the July 1, 2005 CFR and has made minor typographical 
corrections.

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

    The State has revised section 74:36:04:04 to update the 
incorporation of the CFR to the July 1, 2005 CFR and has made minor 
typographical corrections.

E. ARSD 74:36:11--Performance Testing

    The State has revised section 74:36:11:01 to update the 
incorporation of the CFR to the July 1, 2005 CFR.

F. ARSD 74:36:12--Control of Visible Emissions

    The State has revised sections 74:36:12:01 and 74:36:12:03 to 
update the incorporation of the CFR to the July 1, 2005 CFR.

G. ARSD 74:36:13--Continuous Emission Monitoring Systems

    The State has revised sections 74:36:13:02-04, and 74:36:13:06-08 
to update the incorporation of the CFR to the July 1, 2005 CFR.

III. Revisions to Delegated Programs

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

    The August 8, 2006 submittal by the State updated the effective 
date of the incorporated by reference NSPS to July 1, 2005. EPA is 
announcing that on July 19, 2007, we updated the delegation of 
authority for the implementation and enforcement of the NSPS to the 
State. The July 19, 2007 letter of delegation to the State follows:

Ref: 8P-AR

Steven M. Pirner, P.E., Secretary, South Dakota Department of 
Environment and Natural Resources, Joe Foss Building, 523 East 
Capitol Avenue, Pierre, SD 57501-3182

Dear Mr. Pirner:
    On August 8, 2006, the State submitted a revision to the Air 
Pollution Control Program for South Dakota. Specifically, South 
Dakota Air Pollution Control Program Chapter 74:36:07, New Source 
Performance Standards, was revised to update the citation for the 
incorporated Federal New Source Performance Standards (NSPS) in 40 
CFR part 60 as those in effect on July 1, 2005.
    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, 2005. 
Note this delegation does not include the emission guidelines in 
subparts Cb, Cc, Cd, Ce, BBBB and DDDD, and HHHH. 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. Enclosed with this letter is a list of 
examples of sections in 40 CFR part 60 related to the NSPS being 
delegated in this letter that cannot be delegated to the State of 
South Dakota.
    (C) The Department of Environment and Natural Resources (DENR) 
and EPA will

[[Page 57866]]

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 
August 8, 2006.
    (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 part 60.5 and review of plans, as provided for in 40 CFR part 
60.6, shall be consistent with those determinations already made and 
reviews conducted by the EPA.
    (M) Alternatives to continuous monitoring procedures or 
reporting requirements, as outlined in 40 CFR part 60.13(i), may be 
approved by the State only if the specific NSPS grants that 
authority. Otherwise, EPA retains the authority to review and 
approve such alternatives.
    (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 Callie Videtich, Director of our Air and 
Radiation Program, at (303) 312-6434, or toll-free at 1-800-227-
8917.

 Sincerely yours,
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 January 31, 2006, 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...............................  60.47Da.
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).
DD...............................  60.302(d)(3).
GG...............................  60.332(a)(4) and 60.335(b)(10)(ii).
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).

[[Page 57867]]

 
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)(1) through (7).
------------------------------------------------------------------------

IV. Final Action

    EPA is approving revisions to the South Dakota SIP submitted by the 
State on August 8, 2006. The revisions we are approving are revisions 
to ARSD 74:36:01, 73:36:02, 74:36:03, 74:36:04, 74:36:11, 74:36:12, and 
74:36:13. We are also announcing that on July 19, 2007, 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 December 10, 2007 
without further notice unless the Agency receives adverse comments by 
November 13, 2007. 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 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

[[Page 57868]]

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 December 10, 2007. 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: September 14, 2007.
Kerrigan G. Clough,
Acting 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, 
74:36:11, 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
      State citation            Title/subject       effective   EPA approval date and         Explanations
                                                       date          citation \1\
----------------------------------------------------------------------------------------------------------------
                                              74:36:01 Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01...............  Definitions              6/13/2006  [Insert Federal
                             74:36:01:01(8)(e),                  Register page number
                             (29), (30), (77).                   where the document
                                                                 begins]; 10/11/2007.
74:36:01:05...............  Applicable               6/13/2006  [Insert Federal
                             Requirements of the                 Register page number
                             Clean Air Act                       where the document
                             Defined.                            begins]; 10/11/2007.
74:36:01:20...............  Physical change or       6/13/2006  [Insert Federal
                             change in the method                Register page number
                             of operation.                       where the document
                                                                 begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------
                                          74:36:02 Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
74:36:02:02...............  Ambient air quality      6/13/2006  [Insert Federal
                             standards.                          Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
74:36:02:03...............  Methods of sampling      6/13/2006  [Insert Federal
                             and analysis.                       Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
74:36:02:04...............  Air quality              6/13/2006  [Insert Federal
                             monitoring network.                 Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
74:36:02:05...............  Ambient air              6/13/2006  [Insert Federal
                             monitoring                          Register page number
                             requirements.                       where the document
                                                                 begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------
                                          74:36:03 Air Quality Episodes
----------------------------------------------------------------------------------------------------------------
74:36:03:01...............  Air pollution            6/13/2006  [Insert Federal
                             emergency episode.                  Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
74:36:03:02...............  Episode emergency        6/13/2006  [Insert Federal
                             contingency plan.                   Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------
                                  74:36:04 Operating Permits for Minor Sources
----------------------------------------------------------------------------------------------------------------
74:36:04:04...............  Standard for issuance    6/13/2006  [Insert Federal
                             of operating permit.                Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------
                                          74:36:11 Performance Testing
----------------------------------------------------------------------------------------------------------------
74:36:11:01...............  Stack performance        6/13/2006  [Insert Federal
                             testing or other                    Register page number
                             testing methods.                    where the document
                                                                 begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------
                                      74:36:12 Control of Visible Emissions
----------------------------------------------------------------------------------------------------------------
74:36:12:01...............  Restrictions on          6/13/2006  [Insert Federal
                             visible emissions.                  Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
74:36:12:03...............  Exceptions granted to    6/13/2006  [Insert Federal
                             alfalfa pelletizers                 Register page number
                             or dehydrators.                     where the document
                                                                 begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------

[[Page 57869]]

 
                                 74:36:13 Continuous Emission Monitoring Systems
----------------------------------------------------------------------------------------------------------------
74:36:13:02...............  Minimum performance      6/13/2006  [Insert Federal
                             specifications for                  Register page number
                             all continuous                      where the document
                             emission monitoring                 begins]; 10/11/2007.
                             systems.
74:36:13:03...............  Reporting                6/13/2006  [Insert Federal
                             requirements.                       Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
74:36:13:04...............  Notice to department     6/13/2006  [Insert Federal
                             of exceedance.                      Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
74:36:13:06...............  Compliance               6/13/2006  [Insert Federal
                             certification.                      Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
74:36:13:07...............  Credible evidence....    6/13/2006  [Insert Federal
                                                                 Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
74:36:13:08...............  Compliance Assurance     6/13/2006  [Insert Federal
                             Monitoring.                         Register page number
                                                                 where the document
                                                                 begins]; 10/11/2007.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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. E7-19831 Filed 10-10-07; 8:45 am]
BILLING CODE 6560-50-P