80 FR 40952 - Approval and Promulgation of Air Quality Implementation Plans; South Dakota; Revisions to South Dakota Administrative Code
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 134 (July 14, 2015)
Federal Register Volume 80, Issue 134 (July 14, 2015)
| Page Range | 40952-40954 | |
| FR Document | 2015-17257 |
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)] [Proposed Rules] [Pages 40952-40954] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17257] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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, clark.adam@epa.gov. 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 PM 2.5 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
![40952 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules
FOR FURTHER INFORMATION CONTACT: John Civil Rights, State-09’’ to the lists in electronically through http://
Hackett, Acting Director; Office of paragraphs (b)(5) and (6). www.regulations.gov or in hard copy at
Information Programs and Services, EPA Region 8, Office of Partnership and
Joyce A. Barr,
A/GIS/IPS; Department of State, SA–2; Regulatory Assistance, Air Program,
Assistant Secretary for Administration, U.S. 1595 Wynkoop Street, Denver,
515 22nd Street NW., Washington, DC Department of State.
20522–8001, or at Privacy@state.gov. Colorado, 80202–1129. The EPA
[FR Doc. 2015–17227 Filed 7–13–15; 8:45 am]
requests that you contact the individual
SUPPLEMENTARY INFORMATION: The BILLING CODE 4710–10–P listed in the FOR FURTHER INFORMATION
Department of State maintains the CONTACT section to view the hard copy
Records Maintained by the Office of of the docket. The Regional Office’s
Civil Rights system of records. The ENVIRONMENTAL PROTECTION official hours of business are Monday
primary purpose of this system of AGENCY through Friday, 8:00 a.m.–4:00 p.m.,
records is for the investigation, excluding federal holidays. An
processing, and resolution of informal 40 CFR Part 52 electronic copy of the state’s SIP
and formal complaints of discrimination [EPA–R08–OAR–2014–0916; FRL–9930–46– compilation is also available at http://
filed against the Department of State in Region–8] www.epa.gov/region8/air/sip.html.
accordance with 29 CFR part 1614 and FOR FURTHER INFORMATION CONTACT:
the Department’s internal procedures for Approval and Promulgation of Air Adam Clark, Air Program, U.S.
Quality Implementation Plans; South Environmental Protection Agency,
addressing Equal Employment
Dakota; Revisions to South Dakota Region 8, Mailcode 8P–AR, 1595
Opportunity (EEO) complaints; and for
Administrative Code Wynkoop, Denver, Colorado 80202–
the investigation, processing and
resolution of complaints of AGENCY: Environmental Protection 1129, (303) 312–7104, clark.adam@
discrimination under 42 U.S.C. 2000d Agency (EPA). epa.gov.
and complaints under 20 U.S.C. 1681, ACTION: Proposed rule. SUPPLEMENTARY INFORMATION:
29 U.S.C. 794 and 794d, 42 U.S.C. 6101,
SUMMARY: The Environmental Protection I. General Information
29 U.S.C. 621, and 36 CFR chapter XI.
Agency (EPA) is proposing to approve What should I consider as I prepare my
The Department of State is issuing State Implementation Plan (SIP)
this document as a proposal to amend comments for EPA?
revisions submitted by the State of
22 CFR part 171 to exempt portions of South Dakota on July 29, 2013. This SIP 1. Submitting Confidential Business
the Records Maintained by the Office of submission revises the Administrative Information (CBI). Do not submit CBI to
Civil Rights system of records from the Rules of South Dakota (ARSD) Article EPA through www.regulations.gov or
Privacy Act subsections (c)(3);(d); (e)(1); 74:36—Air Pollution Control Program. email. Clearly mark the part or all of the
(e)(4)(G), (H), and (I); and (f) of the These revisions include grammatical information that you claim to be CBI.
Privacy Act pursuant to 5 U.S.C. changes, renumbering, revisions to the For CBI information in a disk or CD
552a(k)(5) to the extent that the system date of incorporation by reference of the ROM that you mail to EPA, mark the
contains investigatory material federal regulations referenced outside of the disk or CD ROM as CBI
throughout ARSD Article 74:36, and and then identify electronically within
compiled for law enforcement purposes,
removal of obsolete language regarding the disk or CD ROM the specific
and (k)(6) to the extent that it contains
variance provisions and clean units. A information that is claimed as CBI. In
testing or examination material used addition to one complete version of the
solely to determine individual cross-walk table, which details each
individual rule revision in Article 74:36, comment that includes information
qualifications for appointment or claimed as CBI, a copy of the comment
promotion in the Federal service. and the actions EPA is proposing on
those revisions, is included in the that does not contain the information
List of Subjects in 22 CFR Part 171 docket for this rulemaking. EPA is also claimed as CBI must be submitted for
proposing to clarify a final rule issued inclusion in the public docket.
Privacy. on January 29, 2015 pertaining to South Information so marked will not be
Dakota’s infrastructure SIP. This action disclosed except in accordance with
For the reasons stated in the
is being taken in accordance with procedures set forth in 40 CFR part 2.
preamble, 22 CFR part 171 is proposed 2. Tips for Preparing Your Comments.
to be amended as follows: section 110 of the Clean Air Act (CAA).
When submitting comments, remember
DATES: Comments must be received on
to:
PART 171—AVAILABILITY OF or before August 13, 2015. • Identify the rulemaking by docket
INFORMATION AND RECORDS TO ADDRESSES: The EPA has established a number and other identifying
THE PUBLIC docket for this action under Docket information (subject heading, Federal
Identification Number EPA–R08–OAR– Register date and page number).
■ 1. The authority citation for part 171 2014–0916. All documents in the docket • Follow directions—The agency may
continues to read as follows: are listed on the http:// ask you to respond to specific questions
www.regulations.gov Web site. Although or organize comments by referencing a
Authority: 5 U.S.C. 552, 552a; 22 U.S.C.
listed in the index, some information
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
2651a; Pub. L. 95–521, 92 Stat. 1824, as Code of Federal Regulations (CFR) part
may not be publicly available, i.e., or section number.
amended; E.O. 13526, 75 FR 707; E.O. 12600,
52 FR 23781, 3 CFR, 1987 Comp., p. 235.
Confidential Business Information or • Explain why you agree or disagree;
other information the disclosure of suggest alternatives and substitute
§ 171.36 [Amended] which is restricted by statute. Certain language for your requested changes.
other material, such as copyrighted • Describe any assumptions and
■ 2. Section 171.36 is amended by material, is not placed on the Internet provide any technical information and/
adding an entry, in alphabetical order, and will be publicly available only in or data that you used.
for ‘‘Records Maintained by the Office of the hard copy form. Publicly available • If you estimate potential costs or
docket materials are available either burdens, explain how you arrived at
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![40954 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules
provisions of the South Dakota Legal rulemaking. The EPA has made, and methods, under Executive Order 12898
Code regarding variances. It also will continue to make, these documents (59 FR 7629, February 16, 1994).
includes a change to 74:36:20:05 to generally available electronically In addition, the SIP is not proposed to
ensure air pollution dispersion through www.regulations.gov and/or in apply on any Indian reservation land or
modeling used to determine compliance hard copy at the appropriate EPA office in any other area where EPA or an
with that requirement is performed in (see the ADDRESSES section of this rule’s Indian tribe has demonstrated that a
accordance with 40 CFR part 51, preamble for more information). tribe has jurisdiction. In those areas of
Appendix W to July 1, 2012. Indian country, the proposed rule does
VII. Statutory and Executive Order
not have tribal implications and will not
74:36:21 (Regional Haze Program) Reviews
impose substantial direct costs on tribal
EPA is proposing to approve changes Under the Clean Air Act, the governments or preempt tribal law as
in this section, which update the date of Administrator is required to approve a specified by Executive Order 13175 (65
incorporation by reference of the federal SIP submission that complies with the FR 67249, November 9, 2000).
regulations to July 1, 2012. provisions of the Act and applicable
List of Subjects in 40 CFR Part 52
IV. Proposed Clarification of January federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP Environmental protection, Air
29, 2015 Final Action
submissions, EPA’s role is to approve pollution control, Carbon monoxide,
Under CAA sections 110(a)(1) and (2), state actions, provided that they meet Incorporation by reference,
states are required to submit the criteria of the Clean Air Act. Intergovernmental relations, Lead,
infrastructure SIPs to ensure their SIPs Accordingly, this proposed action Nitrogen dioxide, Ozone, Particulate
provide for implementation, merely approves state law provisions as matter, Reporting and recordkeeping
maintenance, and enforcement of the meeting federal requirements and does requirements, Sulfur oxides, Volatile
NAAQS. As noted, on January 29, 2015, not propose additional requirements organic compounds.
EPA took final action on the beyond those imposed by state law. For Authority: 42 U.S.C. 7401 et seq.
infrastructure submittals which that reason, this action:
addressed several different NAAQS Dated: June 25, 2015.
• Is not a significant regulatory action
from the State of South Dakota. (80 FR Debra H. Thomas,
subject to review by the Office of
4799). As part of the January 29, 2015 Management and Budget under Acting Regional Administrator, Region 8.
action, EPA approved South Dakota’s Executive Orders 12866 (58 FR 51735, [FR Doc. 2015–17257 Filed 7–13–15; 8:45 am]
1997 PM2.5 NAAQS interstate transport October 4, 1993) and 13563 (76 FR 3821, BILLING CODE 6560–50–P
infrastructure sub-element (CAA section January 21, 2011);
110(a)(2)(D)(i)(II)). However, EPA had • does not impose an information
already approved this sub-element in a collection burden under the provisions ENVIRONMENTAL PROTECTION
final rulemaking on May 8, 2008. (73 FR of the Paperwork Reduction Act (44 AGENCY
26019, effective July 7, 2008). Therefore, U.S.C. 3501 et seq.);
in this action EPA is proposing to clarify 40 CFR Part 52
• is certified as not having a
that no action was required on this sub- significant economic impact on a [EPA–R06–OAR–2014–0626; FRL–9930–26-
element for this NAAQS in the January substantial number of small entities Region 6]
29, 2015 approval of CAA section under the Regulatory Flexibility Act (5
110(a)(2)(D)(i)(II) for the 1997 PM2.5 U.S.C. 601 et seq.); Approval and Promulgation of
NAAQS and the effective date of • does not contain any unfunded
Implementation Plans; New Mexico;
approval remains July 7, 2008. mandate or significantly or uniquely
Revisions to the Particulate Matter
Less Than 2.5 Micrometers (PM2.5)
V. Summary of Proposed Action affect small governments, as described
Prevention of Significant Deterioration
In this proposed rulemaking, we are in the Unfunded Mandates Reform Act
(PSD) Permitting Program State
proposing approval of most remaining of 1995 (Pub. L. 104–4);
Implementation Plan (SIP)
portions of South Dakota’s July 29, 2013 • does not have Federalism
submittal as outlined in section III. implications as specified in Executive AGENCY: Environmental Protection
above and in the crosswalk table located Order 13132 (64 FR 43255, August 10, Agency (EPA).
in the docket. We are proposing not to 1999); ACTION: Proposed rule.
take action on certain portions of this • is not an economically significant
submittal as described in section III. regulatory action based on health or SUMMARY: The Environmental Protection
Finally, we are proposing to clarify our safety risks subject to Executive Order Agency (EPA) is proposing to approve
January 29, 2015 final action (80 FR 13045 (62 FR 19885, April 23, 1997); portions of two revisions to the New
4799) regarding the effective date of • is not a significant regulatory action Mexico SIP for the permitting of PM2.5
approval for South Dakota’s SIP subject to Executive Order 13211 (66 FR emissions submitted on May 23, 2011,
regarding CAA section 110(a)(2)(D)(i)(II) 28355, May 22, 2001); and August 6, 2014. Together, these
for the 1997 PM2.5 NAAQS. • is not subject to requirements of submittals revise the New Mexico PSD
Section 12(d) of the National program to be consistent with the
VI. Incorporation by Reference Technology Transfer and Advancement federal PSD regulations regarding the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
In this rule, the EPA is proposing to Act of 1995 (15 U.S.C. 272 note) because use of a significant impact level (SIL) or
include in a final EPA rule regulatory application of those requirements would significant monitoring concentration
text that includes incorporation by be inconsistent with the Clean Air Act; (SMC) for PM2.5 emissions. We are
reference. In accordance with the and proposing to approve these SIP
requirements of 1 CFR 51.5, the EPA is • does not provide EPA with the revisions to regulate PM2.5 emissions in
proposing to incorporate by reference discretionary authority to address, as accordance with requirements of section
the rules in ARSD 74:36 submitted by appropriate, disproportionate human 110 and part C of the Clean Air Act.
South Dakota for action which are health or environmental effects, using DATES: Written comments must be
identified within this notice of proposed practicable and legally permissible received on or before August 13, 2015.
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Document Created: 2018-02-23 09:19:09
Document Modified: 2018-02-23 09:19:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before August 13, 2015. | |
| 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] | |
| FR Citation | 80 FR 40952 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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