[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\
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74:09:01 Contested Case Procedure
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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].
* * * * * * *
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74:36:09 Prevention of Significant Deterioration
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* * * * * * *
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].
* * * * * * *
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\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) * * *
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Applicable
Name of nonregulatory SIP geographic or non- State submittal EPA approval date Explanations
provision attainment area date/adopted date and citation \5\
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* * * * * * *
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].
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\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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