[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Proposed Rules]
[Pages 40952-40954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17257]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0916; FRL-9930-46-Region-8]


Approval and Promulgation of Air Quality Implementation Plans; 
South Dakota; Revisions to South Dakota Administrative Code

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of South Dakota on July 29, 2013. This SIP submission revises the 
Administrative Rules of South Dakota (ARSD) Article 74:36--Air 
Pollution Control Program. These revisions include grammatical changes, 
renumbering, revisions to the date of incorporation by reference of the 
federal regulations referenced throughout ARSD Article 74:36, and 
removal of obsolete language regarding variance provisions and clean 
units. A cross-walk table, which details each individual rule revision 
in Article 74:36, and the actions EPA is proposing on those revisions, 
is included in the docket for this rulemaking. EPA is also proposing to 
clarify a final rule issued on January 29, 2015 pertaining to South 
Dakota's infrastructure SIP. This action is being taken in accordance 
with section 110 of the Clean Air Act (CAA).

DATES: Comments must be received on or before August 13, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification Number EPA-R08-OAR-2014-0916. All documents in 
the docket are listed on the http://www.regulations.gov Web site. 
Although listed in the index, some information may not be publicly 
available, i.e., Confidential Business Information or other information 
the disclosure of which is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in the hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at EPA Region 8, Office of 
Partnership and Regulatory Assistance, Air Program, 1595 Wynkoop 
Street, Denver, Colorado, 80202-1129. The EPA requests that you contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. The Regional Office's official hours 
of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding 
federal holidays. An electronic copy of the state's SIP compilation is 
also available at http://www.epa.gov/region8/air/sip.html.

FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 
Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit CBI to EPA through www.regulations.gov or email. 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:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     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.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at

[[Page 40953]]

your estimate in sufficient detail to allow for it to be reproduced.
     Provide specific examples to illustrate your concerns and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    South Dakota's June 29, 2013, submittal covers the following rule 
changes: (1) Removal of obsolete language regarding variance provisions 
and clean units, and renumbering to reflect the deletions; and (2) 
Revisions to the date of federal regulations referenced throughout ARSD 
Article 74:36 to July 1, 2012. A cross-walk table, which identifies the 
proposed rule revisions in Article 74:36 specifically, and the action 
EPA is proposing to take on those revisions, is included in the docket 
for this rulemaking.
    South Dakota's June 29, 2013 submittal also requests EPA approval 
of rule revisions for provisions that are not required to be included 
in SIPs under section 110 of the Clean Air Act (CAA), most notably 
additions to the State's New Source Performance Standards (NSPS) and 
National Emissions Standards for Hazardous Air Pollutants (NESHAPs). 
These revisions, which EPA is not proposing action on, are outlined in 
the cross-walk table located in the docket for this rulemaking.

III. What action is EPA taking?

    EPA is proposing to approve most revisions of South Dakota's July 
29, 2013 submittal as outlined in Section II. of this rulemaking that 
were not acted on previously. An overview of EPA's proposed approval of 
each section is described below. The excepted revisions, on which EPA 
will not take action, are also described below.

74:36:01:01 (Definitions)

    EPA is proposing to approve all changes in this section as outlined 
in the crosswalk table (see docket). These changes specifically remove 
the term ``variance'' previously included in the definitions of 
``existing source'' and ``new source,'' and removes the definition of 
``variance.'' The removal of the variance will strengthen the 
environmental protection provided by the SIP, and therefore EPA 
proposes to approve these changes. EPA is also proposing to approve all 
remaining changes in this section, which update the date of 
incorporation by reference of the federal regulations to July 1, 2012.

74:36:02 (Ambient Air Quality)

    EPA is proposing to approve all changes in this section, which 
update the date of incorporation by reference of the federal 
regulations to July 1, 2012.

74:36:04 (Operating Permits for Minor Sources)

    EPA is proposing to approve all changes in this section, which 
remove citations to repealed provisions of South Dakota's legal code 
regarding variances from the General Authorities and Implemented Laws 
provided. It also updates the date of incorporation by reference of the 
federal regulations to July 1, 2012.

74:36:05 (Operating Permits for Part 70 Sources)

    EPA is proposing to approve the changes in this section, which 
update the date of incorporation by reference of the federal 
regulations to July 1, 2012 and remove citations to repealed provisions 
of South Dakota's legal code regarding variances from the General 
Authorities and Implemented Laws provided.

74:36:07 (New Source Performance Standards)

    EPA is not taking action on this section because NSPS are not 
required to be included in a SIP per section 110 of the CAA.

74:36:08 (National Emission Standards for Hazardous Air Pollutants)

    EPA is not taking action on this section because NESHAPs are not 
required to be included in a SIP per section 110 of the CAA.

74:36:09 (Prevention of Significant Deterioration)

    EPA is not taking action on this section of South Dakota's July 29, 
2013 submittal because it was acted upon by EPA in a final rulemaking 
dated January 29, 2015. (80 FR 4799)

74:36:10 (New Source Review)

    EPA is proposing to approve all changes in this section that were 
not acted upon in an EPA final rule issued on June 27, 2014, with one 
exception. The provisions that EPA is proposing to act upon in this 
rulemaking are 74:36:10:09 and 74:36:10:10. These provisions remove 
obsolete language regarding clean units. EPA is not taking action on 
74:36:10:06, which proposes to add PM2.5 to the ``Pollutant 
and Significant Levels'' table and to renumber other pollutants in the 
table. On January 22, 2013, the United States Court of Appeals for the 
District of Columbia vacated and remanded portions of EPA's 2010 
PM2.5 Increment Rule (75 FR 64864) addressing the 
Significant Impact Levels (SILs) for PM2.5. On December 9, 
2013, EPA amended its regulations to remove the PM2.5 SILs 
(78 FR 73698). Therefore, South Dakota's incorporation of the 
PM2.5 SILs into its SIP no longer reflects the current 
regulations.

74:36:11 (Performance Testing)

    EPA is proposing to approve changes in this section, which update 
the date of incorporation by reference of the federal regulations to 
July 1, 2012.

74:36:12 (Control of Visible Emissions)

    EPA is proposing to approve the changes to 74:36:12:01 and 
74:36:12:03 in the submittal, which update the date of incorporation by 
reference of the federal regulations to July 1, 2012 and update the 
General Authorities and Laws Implemented. EPA is not taking action on 
the language change in 74:36:12:02(3). On February 22, 2013, EPA (among 
other things) made a finding of substantial inadequacy and issued a SIP 
call for certain provisions related to start-up, shutdown, and 
malfunction in current SIPs for specific states. For South Dakota the 
affected provision is 74:36:12:02(3). EPA is not taking action on this 
provision, because it will be addressed in the proposed SIP call.

74:36:13 (Continuous Emissions Monitoring)

    EPA is proposing to approve changes in this section, which update 
the date of incorporation by reference of the federal regulations to 
July 1, 2012.

74:36:16 (Acid Rain Program)

    EPA is not taking action on this section because the Acid Rain 
Program is not required to be included in a SIP per section 110 of the 
CAA.

74:36:18 (Regulations for State Facilities in the Rapid City Area)

    EPA is proposing to approve changes in this section, which update 
the date of incorporation by reference of the federal regulations for 
the visible emission test method to EPA Method 9 in 40 CFR part 60, 
Appendix A to July 1, 2012 and delete references to repealed provisions 
of the South Dakota Legal Code regarding variances.

74:36:20 (Construction Permits for New Sources or Modifications)

    EPA is proposing to approve the changes in this section, which 
update the date of incorporation by reference of the federal 
regulations to July 1, 2012 and delete references to repealed

[[Page 40954]]

provisions of the South Dakota Legal Code regarding variances. It also 
includes a change to 74:36:20:05 to ensure air pollution dispersion 
modeling used to determine compliance with that requirement is 
performed in accordance with 40 CFR part 51, Appendix W to July 1, 
2012.

74:36:21 (Regional Haze Program)

    EPA is proposing to approve changes in this section, which update 
the date of incorporation by reference of the federal regulations to 
July 1, 2012.

IV. Proposed Clarification of January 29, 2015 Final Action

    Under CAA sections 110(a)(1) and (2), states are required to submit 
infrastructure SIPs to ensure their SIPs provide for implementation, 
maintenance, and enforcement of the NAAQS. As noted, on January 29, 
2015, EPA took final action on the infrastructure submittals which 
addressed several different NAAQS from the State of South Dakota. (80 
FR 4799). As part of the January 29, 2015 action, EPA approved South 
Dakota's 1997 PM2.5 NAAQS interstate transport 
infrastructure sub-element (CAA section 110(a)(2)(D)(i)(II)). However, 
EPA had already approved this sub-element in a final rulemaking on May 
8, 2008. (73 FR 26019, effective July 7, 2008). Therefore, in this 
action EPA is proposing to clarify that no action was required on this 
sub-element for this NAAQS in the January 29, 2015 approval of CAA 
section 110(a)(2)(D)(i)(II) for the 1997 PM2.5 NAAQS and the 
effective date of approval remains July 7, 2008.

V. Summary of Proposed Action

    In this proposed rulemaking, we are proposing approval of most 
remaining portions of South Dakota's July 29, 2013 submittal as 
outlined in section III. above and in the crosswalk table located in 
the docket. We are proposing not to take action on certain portions of 
this submittal as described in section III. Finally, we are proposing 
to clarify our January 29, 2015 final action (80 FR 4799) regarding the 
effective date of approval for South Dakota's SIP regarding CAA section 
110(a)(2)(D)(i)(II) for the 1997 PM2.5 NAAQS.

VI. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the rules in ARSD 74:36 submitted by South 
Dakota for action which are identified within this notice of proposed 
rulemaking. The EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this rule's preamble for more 
information).

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 
actions, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves state law provisions 
as meeting federal requirements and does not propose 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 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 Clean Air Act; 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, February 16, 1994).
    In addition, the SIP is not proposed to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

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.

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

    Dated: June 25, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2015-17257 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P