[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Proposed Rules]
[Pages 18496-18499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08676]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0148; FRL-9977-00--Region 8]


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

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 October 4, 2017, related to South Dakota's Air 
Pollution Control Program. The October 4, 2017 submittal updates 
certain dates of incorporation by reference and reorganizes and revises 
certain rules. In this rulemaking, we are proposing action on all 
portions of the October 4, 2017 submittal, except for those portions of 
the submittal which do not belong in the SIP. This action is being 
taken under section 110 of the Clean Air Act (CAA).

DATES: Written comments must be received on or before May 29, 2018.

ADDRESSES: Submit your comments, identified by EPA-R08-OAR-2018-0148 at 
http://www.regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from www.regulations.gov. The EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. The EPA's Evaluation of South Dakota's Submission--Air Pollution 
Control Program Chapter 74:36

October 4, 2017 Submittal

A. Chapter 74:36:01--Definitions

    Chapter 74:36:01 defines the terms used throughout Article 74:36--
Air Pollution Control Program. There are six definitions in Chapter 
74:36:01 that reference federal regulations. The sections in Chapter 
74:36:01 that are being updated to the version of the federal reference 
specified in the Code of Federal Regulations (CFR) as of July 1, 2016, 
involve the following: 74:36:01:01(8); 74:36:01:01(29);

[[Page 18497]]

74:36:01:01(67); 74:36:01:05(1); and 74:36:01:20(5), (7) and (8).

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

    Chapter 74:36:02 established air quality goals and ambient air 
quality standards for South Dakota. The sections in Chapter 74:36:02 
that are being updated to the version of the federal reference 
specified in the CFR as of July 1, 2016, involve the following: 
74:36:02:02; 74:36:02:03; 74:36:02:04; and 74:36:02:05.

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

    Chapter 74:36:03 identifies the contingency plan the South Dakota 
Department of Environment and Natural Resources (DENR) will follow 
during an air pollution emergency episode. The sections in Chapter 
74:36:03 that are being updated to the version of the federal reference 
specified in the CFR as of July 1, 2016, involve the following: 
74:36:03:01 and 74:36:03:02.

D. Chapter 74:36:04--Operating Sources for Minor Sources

    Chapter 74:36:04 is South Dakota's minor source air quality 
operating permit program. South Dakota is proposing to remove the first 
two sentences in 74:36:04:04 (Standard of issuance of a minor source 
operating permit). The removed language refers to air pollution 
dispersion modeling and other dispersion techniques.
    South Dakota's minor source air quality program initially was both 
a construction and operating permit program. South Dakota separated the 
construction portion from the minor source air quality operating permit 
program in calendar year 2010 by developing an independent construction 
permit program as outlined in Chapter 74:36:20 (Construction Permits 
for New Sources or Modifications). On June 27, 2014, the EPA took final 
action to approve Chapter 74:36:20 (79 FR 36419). The construction 
permit program in Chapter 74:36:20 identifies the requirements for air 
pollution dispersion modeling. Therefore, this language is no longer 
needed in South Dakota's minor air quality operating permit program 
74:36:04:04.

E. Chapter 74:36:05--Operating Sources for Part 70 Sources

    We are not taking action on revisions to this chapter as South 
Dakota's Title V operating permit programs is not part of the SIP.

F. Chapter 74:36:06--Regulated Air Pollutant Emissions

    Chapter 74:36:06 identifies South Dakota's regulated air pollutants 
which are established to ensure South Dakota's air quality is in 
compliance with the federal national ambient air quality standards 
(NAAQS). Section 74:36:06:07 (Open burning practices prohibited) 
references 74:10:05:11.04, which was repealed on January 12, 2012. This 
section was replaced with 74:12:04:11. Changes are proposed to correct 
the reference to this section.

G. Chapter 74:36:07--New Source Performance Standards

    We are not taking action on revisions to this chapter. New Source 
Performance Standards (NSPS) are not part of the SIP.

H. Chapter 74:36:08--National Emission Standards for Hazardous Air 
Pollutants

    We are not taking action on revisions to this chapter. National 
Emission Standards for Hazardous Air Pollutants (NESHAPs) are not part 
of the SIP.

I. Chapter 74:36:09--Prevention of Significant Deterioration (PSD)

    Chapter 74:36:09 is South Dakota's PSD preconstruction program for 
major sources located in areas of the state that attain the federal 
NAAQS. The sections in Chapter 74:36:09 that are being updated to the 
version of the federal reference specified in the CFR as of July 1, 
2016, involve the following: 74:36:09:02 and 74:36:09:03.
    In addition, on November 7, 2016, the EPA published a final 
rulemaking action titled ``Rescission of Preconstruction Permits Issued 
under the Clean Air Act.'' (81 FR 78043, see docket) This rulemaking 
revised 40 CFR 52.21(w). The corresponding changes to 40 CFR 52.21(w) 
are outlined at 81 FR 78043. South Dakota has revised 74:36:09:02(6) to 
incorporate by reference the November 7, 2016 changes to 40 CFR 
52.21(w).
    Specifically, 81 FR 78043 revised 40 CFR 52.21(w)(2) to remove the 
July 30, 1987, date restriction; revised 40 CFR 52.21(w)(3) to change 
the word ``shall'' to ``may'' and revised 40 CFR 52.21(w)(1) to 
appropriately cross reference paragraph (r) and not paragraph (s) of 
the EPA's PSD regulations.

J. Chapter 74:36:10--New Source Review

    Chapter 74:36:10 is South Dakota's New Source Review (NSR) 
preconstruction permit program for major sources in areas of the state 
that are not attaining the NAAQS. All of South Dakota is in attainment 
with the federal standards; therefore, there are no facilities that 
require a preconstruction permit under this program.
    The sections in Chapter 74:36:10 that are being updated to the 
version of the federal reference specified in the CFR as of July 1, 
2016, involve the following: 74:36:10:02; 74:36:10:03.01; 74:36:10:05; 
74:36:10:07; and 74:36:10:08.

K. Chapter 74:36:11--Performance Testing

    Chapter 74:36:11 identifies the performance testing requirements 
used by permitted facilities to demonstrate compliance with permit 
limits. The section in Chapter 74:36:11 that is being updated to the 
version of the federal reference specified in the CFR as of July 1, 
2016, involves 74:36:11:01.

L. Chapter 74:36:12--Control of Visible Emissions

    Chapter 74:36:12 identifies visible emission limits for units that 
emit air pollution. The sections in Chapter 74:36:12 that are being 
updated to the version of the federal reference specified in the CFR as 
of July 1, 2016, involve the following: 74:36:12:01 and 74:36:12:03.

M. Chapter 74:36:13--Continuous Emission Monitoring Systems

    We are not taking action on revisions to this chapter. Continuous 
Emission Monitoring Systems are part of South Dakota's Title V program 
and are not part of the SIP.

N. Chapter 74:36:16--Acid Rain Program

    We are not taking action on revisions to this chapter. The Acid 
Rain Program is not part of the SIP.

O. Chapter 74:36:18--Regulations for State Facilities in the Rapid City 
Area

    The section in Chapter 74:36:18 that is being updated to the 
version of the federal reference specified in the CFR as of July 1, 
2016, involves 74:36:18:10.

P. Chapter 74:36:20--Construction Permits for New Sources or 
Modifications

    Chapter 74:36:20 requires an air quality construction permit for 
new or modified sources that do not meet the requirements for obtaining 
a preconstruction permit in Chapters 74:36:09 and 74:36:10.
    The reference date for the federal regulation is proposed to be 
updated to the most current version of the federal reference specified 
in the CFR as of July 1, 2016. These proposed changes involve section 
74:36:20:05 (Standard for Issuance of a Construction Permit).

[[Page 18498]]

    South Dakota is proposing to revise section 74:36:20:05 to clarify 
that air dispersion modeling for new or modified minor sources is one 
of several information items that may be required by the department for 
inclusion in a permit application. This proposed change to the SIP is a 
clarification and does not modify the standard for issuance of a 
construction permit's substantive requirements. The standard in Section 
74:36:20:05 requires that ``[a] construction permit for a new source or 
modification to an existing source may be issued only if it has been 
shown that the operation of the new source or modification to an 
existing source will not prevent or interfere with the attainment or 
maintenance of an applicable national ambient air quality standard.'' 
Statutory requirements under CAA section 110(l) provide that the EPA 
cannot approve a SIP revision if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA. South 
Dakota's rules provide for several methods and data (ambient monitoring 
data, emissions inventories, air dispersion modeling, or a combination 
of these data in a comprehensive analysis) to make the required 
determination as to whether a project would interfere with attainment 
or maintenance of the NAAQS. In addition to requirements in Section 
74:36:20:05, Section 74:36:20:07 specifies the required contents of a 
complete application for a construction permit, and includes ``[t]he 
results of any dispersion modeling required by the department'' and 
``[a]ny other information requested by the department that is relevant 
to determining compliance with that act or the Clean Air Act.'' 
Therefore, the revisions to 74:36:20:05 will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress with the NAAQS.

Q. Chapter 74:36:21--Regional Haze Program

    Chapter 74:36:21 contains the requirements South Dakota agreed to 
as part of the South Dakota Regional Haze Program. The EPA approved 
sections 74:36:21 through 74:36:21:12 into South Dakota's SIP.
    The sections in Chapter 74:36:21 that are being updated to the 
version of the federal reference specified in the CFR as of July 1, 
2016, involve the following: 74:36:21:02(8); 74:36:21:04; 74:36:21:05; 
and 74:36:21:09.
    South Dakota has also proposed changes to include that a 
construction permit for a new major source or modification to a major 
source will be issued only after the source has demonstrated that it 
will not contribute to adverse impact on visibility in any mandatory 
Class I federal area. Changes include guidance for performing air 
dispersion modeling if air dispersion modeling is required to 
demonstrate no adverse impact on visibility. These changes are located 
in section 74:36:21:04 (Visibility Impact Analysis).

II. What is the EPA proposing to approve?

A. What the EPA Is Not Acting On

    The EPA is not acting on revisions to 74:36:05 (Operating Permits 
for Part 70 Sources), 74:36:07 (New Source Performance Standards), 
74:36:08 (National Emission Standards for Hazardous Air Pollutants), 
74:36:13 (Continuous Emission Monitoring System) and 74:36:16 (Acid 
Rain), because these sections are not part of the SIP.

B. What the EPA Is Acting On

    The EPA is proposing to approve all revisions as submitted by the 
State of South Dakota on October 4, 2017, as described in section I. of 
this proposed rulemaking, with the exception of the revisions mentioned 
in section II. A. of this rulemaking.
    The revisions are in compliance with federal requirements, 
including: (1) CAA section 110(a)(2)(c), which requires states to 
include a minor NSR program in their SIP to regulate modifications and 
new construction of stationary sources within the area as necessary to 
assure the NAAQS are achieved; (2) The regulatory requirements under 40 
CFR 51.160, including section 51.160(b), which requires states to have 
legally enforceable procedures to prevent construction or modification 
of a source if it would violate any SIP control strategies or interfere 
with attainment or maintenance of the NAAQS; and (3) the statutory 
requirements under CAA section 110(l), which provides that the EPA 
cannot approve a SIP revision if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA.

III. Incorporation by Reference

    In this action, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing the incorporation 
by reference of changes to the State of South Dakota's SIP regarding 
their Air Pollution Control Program in Chapter 74:36. The EPA has made, 
and will continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 8 Office (please contact the 
person identified in the For Further Information Contact section of 
this preamble for more information).

IV. 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely proposes to approve state law as 
meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

[[Page 18499]]

application of those requirements would be inconsistent with the CAA; 
and
     Does not provide the 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the 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: April 19, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018-08676 Filed 4-26-18; 8:45 am]
 BILLING CODE 6560-50-P