[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11211-11212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02680]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2020-0739; FRL-10020-10-Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of South Dakota on January 3, 2020 that revises the 
Administrative Rules of South Dakota (ARSD), Air Pollution Control 
Program, updating the chapter pertaining to definitions. The EPA is 
taking this action pursuant to the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 26, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2020-0739, to the Federal Rulemaking Portal: https://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.
    Docket: All documents in the docket are listed in the 
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 electronically in 
www.regulations.gov. To reduce the risk of COVID-19 transmission, for 
this action we do not plan to offer hard copy review of the docket. 
Please email or call the person listed in the FOR FURTHER INFORMATION 
CONTACT section if you need to make alternative arrangements for access 
to the docket.

FOR FURTHER INFORMATION CONTACT: Kate Gregory, (303) 312-6175, 
[email protected]. Mail can be directed to the Air and Radiation 
Division, U.S. EPA, Region 8, Mail-code 8ARD-QP, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On January 3, 2020 the State of South Dakota submitted proposed 
revisions and additions to the ARSD. In this action, we are proposing 
to approve the additions to the ARSD pertaining to the definitions 
section.

II. EPA's Evaluation

    On January 3, 2020 the EPA received revisions for the ARSD for the 
State of South Dakota. The submittal was signed by the Governor and 
received a 30-day State public comment period starting on November 26, 
2019 (no requests were made for a public hearing). The EPA is proposing 
to approve the revisions to the ARSD, specifically the additions to the 
definitions section, for the State of South Dakota submitted by the 
State on January 3, 2020 in this action.

[[Page 11212]]

III. Proposed Action

    In this action, the EPA is proposing to approve the revisions to 
the ARSD submitted by the State of South Dakota on January 3, 2020, 
specifically the additions of 74:36:01(74) and 74:36:01(75) in the 
definitions section of the ARSD.\1\ The subsections of the ARSD 
definitions section we are proposing to approve, 74:36:01(74) and 
74:36:01(75), contain the definitions of `closed landfill' and `closed 
landfill subcategory' respectively. In this action, we are proposing to 
approve the addition of the abovementioned subsections to the 
definitions section of the ARSD. Additional revisions and additions to 
the ARSD, related to content including `closed landfill' and `closed 
landfill subcategory' have been proposed for approval in a separate 
document [(85 FR 68538) Approval and Promulgation of State Plans for 
Designated Facilities and Pollutants; South Dakota; Control of 
Emissions From Existing Municipal Solid Waste Landfills].
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    \1\ The additional revisions and additions to the ARSD as they 
relate to the SIP referenced in the January 3, 2020 ARSD rule 
revision submission by the State of South Dakota were approved in a 
prior rule: Air Quality State Implementation Plans; Approval and 
Promulgation of Implementation Plans; South Dakota; Infrastructure 
Requirements for the 2015 Ozone National Ambient Air Quality 
Standards; Revisions to Administrative Rules (85 FR 67653).
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    In the table below, the key is as follows:
    A--Approve.
    D--Disapprove.

       Table 1--ARSD Additions That the EPA Is Proposing To Act On
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        Additions the Administrative Rules of South Dakota (ARSD)
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74:36:01(74)..................................................        A
74:36:01(75)..................................................        A
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IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference South Dakota's January 3, 2020 submission of 
the ARSD of the State of South Dakota as described in the Proposed 
Action section of this preamble. 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 persons identified 
in the FOR FURTHER INFORMATION CONTACT section of this preamble for 
more information).

V. Statutory and Executive Order Reviews

    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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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 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 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, February 16, 1994).
    In addition, the SIP is not approved 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, 
Greenhouse gases, 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: February 3, 2021.
Debra Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021-02680 Filed 2-23-21; 8:45 am]
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