[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4799-4801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01613]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0725, FRL-9922-04-Region 8]


Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 1997 and 2006 PM2.5, 
2008 Lead, 2008 Ozone, and 2010 NO2 National Ambient Air 
Quality Standards; South Dakota

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of State Implementation Plan (SIP) revisions from the State of 
South Dakota to demonstrate the State meets infrastructure requirements 
of the Clean Air Act (CAA) for the National Ambient Air Quality 
Standards (NAAQS) promulgated for fine particulate matter 
(PM2.5) on July 18, 1997 and October 17, 2006; lead (Pb) on 
October 15, 2008; ozone on March 12, 2008; and nitrogen dioxide 
(NO2) on January 22, 2010. EPA is also approving SIP 
revisions the State submitted updating the Prevention of Significant 
Deterioration (PSD) program and provisions regarding state boards. 
Section 110(a) of the CAA requires that each state submit a SIP for the 
implementation, maintenance, and enforcement of each NAAQS promulgated 
by EPA.

DATES: This rule is effective on March 2, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2011-0725. All documents in the docket are listed on 
the www.regulations.gov Web site. 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, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the Air 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, 8:00 a.m. to 4:00 p.m., excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review

I. Background

    Infrastructure requirements for SIPs are provided in section 
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific 
infrastructure elements that a SIP must contain or satisfy. The 
elements that are the subject of this action are described in detail in 
our notice of proposed rulemaking (NPR) published on December 1, 2014 
(79 FR 71040).
    The NPR proposed approval of South Dakota's submissions with 
respect to the following infrastructure elements for the 1997 and 2006 
PM2.5, 2008 Pb, 2008 ozone, and 2010 
NO2 NAAQS: CAA 110(a)(2) (A), (B), (C) with respect to minor 
new source review (NSR) and PSD requirements, (D)(i)(II) prongs 3 and 
4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The reasons for 
our approval are provided in detail in the NPR.
    For reasons explained in the NPR, EPA also proposed to approve 
revisions to the Administrative Rules of South Dakota (ARSD) 74:36:09 
submitted on July 29, 2013, which incorporate by reference the 
requirements of EPA's September 29, 2010 PM2.5 Increment 
Rule. Specifically, we proposed to approve the adoption of the text of 
40 CFR 52.21, paragraphs (b)(14)(i),(ii),(iii), (b)(15)(i),(ii), and 
paragraph (c) as they existed on July 1, 2012 by approving revisions 
to: ARSD 74:34:09:02

[[Page 4800]]

(Prevention of significant deterioration) and 74:36:09:03 (Public 
participation).
    For reasons explained in the NPR, EPA proposed approval of 
revisions to ARSD 74:09 and the South Dakota Codified Laws (SDCL) 1-40-
25.1 submitted on June 11, 2014 to satisfy requirements of element 
(E)(ii), state boards. Finally, EPA proposed approval of D(i)(I) prongs 
1 and 2 for the 2006 PM2.5, 2008 Pb, and 2010 NO2 
NAAQS. EPA will act separately on infrastructure element (D)(i)(I), 
interstate transport for the 2008 ozone NAAQS.

II. Response to Comments

    No comments were received on our December 1, 2014 NPR.

III. Final Action

    EPA is approving the following infrastructure elements for the 1997 
and 2006 PM2.5, 2008 Pb, 2008 ozone, and 2010 NO2 
NAAQS: CAA 110(a)(2) (A), (B), (C) with respect to minor NSR and PSD 
requirements, (D)(i)(II) prongs 3 and 4, (D)(ii), (E), (F), (G), (H), 
(J), (K), (L), and (M). EPA is also approving revisions to ARSD 
74:36:09 submitted on July 29, 2013, which incorporate by reference the 
requirements of EPA's September 29, 2010 PM2.5 Increment 
Rule. Specifically, we are approving the adoption of the text of 40 CFR 
52.21, paragraphs (b)(14)(i),(ii),(iii), (b)(15)(i),(ii), and paragraph 
(c) as they existed on July 1, 2012 by approving revisions to: ARSD 
74:36:09:02 (Prevention of significant deterioration) and 74:36:09:03 
(Public participation). EPA is also approving revisions to ARSD 74:09 
and SDCL 1-40-25.1 submitted on June 11, 2014 to satisfy requirements 
of element (E)(ii), state boards. Finally, EPA is approving D(i)(I) 
prongs 1 and 2 for the 2006 PM2.5, 2008 Pb, and 2010 
NO2 NAAQS. EPA will act separately on infrastructure element 
(D)(i)(I), interstate transport for the 2008 ozone NAAQS.

IV. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves some state law as meeting Federal requirements 
and disapproves other state law because it does not meet federal 
requirements; this action does not impose additional requirements 
beyond those imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, Oct. 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, Aug. 10, 1999); is not an 
economically significant regulatory action based on health or safety 
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, Feb. 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, Nov. 9, 2000), because 
the SIP is not approved to apply in Indian country located in the 
state, and EPA notes that it will not impose substantial direct costs 
on tribal governments or preempt tribal law.
    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 action 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 March 30, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Authority:  42 U.S.C. 7401 et seq.

    Dated: January 14, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52 APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. Section 52.2170 is amended:
0
a. In paragraph (c)(1) by:
0
i. Adding a new centered heading for ``74:09:01 Contested Case 
Procedure'' in numerical order and the table entries ``74:09:01:20'' 
and ``74:09:01:21'' in numerical order;
0
ii. Revising the table entries for ``74:36:09:02'' and ``74:36:09:03''; 
and
0
b. In the table in paragraph (e) by adding the entries ``XIV'', ``XV'', 
``XVI'', ``XVII'', and ``XVIII'' in numerical order.
    The revised and added text read as follows:


Sec.  52.2170  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

[[Page 4801]]



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                                                       State
         State citation            Title/subject     effective   EPA approval date          Explanations
                                                        date      and citation \1\
----------------------------------------------------------------------------------------------------------------
                                        74:09:01 Contested Case Procedure
----------------------------------------------------------------------------------------------------------------
74:09:01:20....................  Board member         5/29/2014  1/29/2015,         ............................
                                  conflict of                     [insert Federal
                                  interest.                       Register
                                                                  citation].
74:09:01:21....................  Board member         5/29/2014  1/29/2015,         ............................
                                  potential                       [insert Federal
                                  conflicts of                    Register
                                  interests.                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                74:36:09 Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
74:36:09:02....................  Prevention of        6/25/2013  1/29/2015,         ............................
                                  significant                     [insert Federal
                                  deterioration.                  Register
                                                                  citation].
74:36:09:03....................  Public               6/25/2013  1/29/2015,         ............................
                                  participation.                  [insert Federal
                                                                  Register
                                                                  citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP     geographic or non-  State submittal   EPA approval date       Explanations
           provision              attainment area   date/adopted date   and citation \5\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
XIV. Section 110(a)(2)           Statewide........  Submitted: 5/20/   1/29/2015,         ......................
 Infrastructure Requirements                         2008 and 03/04/    [insert Federal
 for the 1997 and 2006 PM2.5                         2011.              Register
 NAAQS.                                                                 citation].
XV. Section 110(a)(2)            Statewide........  Submitted: 10/10/  1/29/2015,         ......................
 Infrastructure Requirements                         2012.              [insert Federal
 for the 2008 Lead NAAQS.                                               Register
                                                                        citation].
XVI. Section 110(a)(2)           Statewide........  Submitted: 5/21/   1/29/2015,         Excluding
 Infrastructure Requirements                         13.                [insert Federal    110(D)(i)(I),
 for the 2008 8-hour Ozone                                              Register           interstate transport
 NAAQS.                                                                 citation].         for the 2008 Ozone
                                                                                           NAAQS which will be
                                                                                           acted on separately.
XVII. Section 110(a)(2)          Statewide........  Submitted: 10/23/  1/29/2015,         ......................
 Infrastructure Requirements                         13.                [insert Federal
 for the 2010 NO2 NAAQS.                                                Register
                                                                        citation].
XVIII. SDCL (South Dakota        Statewide........  Submitted: 6/11/   1/29/2015,         Source: SL 1995, ch
 Codified Laws), 1-40-25.1.                          2014.              [insert Federal    318 (Ex. Ord. 95-2),
                                                                        Register           Sec.   15.
                                                                        citation].
----------------------------------------------------------------------------------------------------------------
\5\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in the column for the particular provision.

[FR Doc. 2015-01613 Filed 1-28-15; 8:45 am]
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