80 FR 59620 - Approval and Promulgation of Air Quality Implementation Plans; South Dakota; Revisions to South Dakota Administrative Code

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 191 (October 2, 2015)

Page Range		59620-59624
FR Document		2015-24857

The Environmental Protection Agency (EPA) is approving 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 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. EPA is also clarifying 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).

Federal Register, Volume 80 Issue 191 (Friday, October 2, 2015)

[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59620-59624]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-24857]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0916; FRL-9934-83-Region 8]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 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 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. EPA is also clarifying 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: This final rule is effective on November 2, 2015.

ADDRESSES: 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 index. Although
listed in the index, some information may not be publicly available,
e.g., Confidential Business Information 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 either electronically
through http://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 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: 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. Background

South Dakota's July 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 that identifies EPA's
action on South Dakota's revisions is included in the docket for this
rulemaking.
South Dakota's July 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 CAA, most notably additions to the
State's New Source Performance Standards, National Emissions Standards
for Hazardous Air Pollutants and Title V permitting. These revisions,
on which EPA is not taking action, are outlined in the cross-walk table
located in the docket for this rulemaking.

II. What action is EPA taking?

EPA is finalizing action on South Dakota's July 29, 2013 submittal
as outlined in Section III. of the proposal published on July 14, 2015,
with one exception; EPA's proposed approval of South Dakota's updates
to 74:36:05, ``Operating Permits for Part 70 Sources,'' as part of its
July 14, 2015 action (80 FR 40953). EPA published a notice of
correction of the proposal on August 24, 2015 (80 FR 51152), because
CAA Title V requirements are not subject to Section 110 of the Clean
Air Act and are thus not required to be incorporated into a SIP.
Therefore, EPA is not taking any action on South Dakota's updates to
74:36:05.

III. 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 National Ambient Air Quality
Standards (NAAQS). 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 clarifying 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

[[Page 59621]]

NAAQS and the effective date of approval remains July 7, 2008.

IV. Response to Comments

EPA received one comment on the July 14, 2015 proposal with respect
to air quality measurements. EPA acknowledges this comment but does not
consider the comment to be relevant to the proposed action.

V. Summary of Action

In this rulemaking, EPA is approving most remaining portions of
South Dakota's July 29, 2013 submittal as outlined in the crosswalk
table located in the docket for this action. EPA is not taking action
on certain portions of this submittal as described in the proposed
rulemaking and the notice of correction to the proposal. Finally, EPA
is also clarifying no action was required in the 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 as EPA had already approved this sub-element in
a prior rulemaking.

VI. Incorporation by Reference

In this rulemaking, EPA is including final EPA rule regulatory text
that includes incorporation by reference. In accordance with the
requirements of 1 CFR 51.5, EPA is incorporating by reference the rules
in ARSD Article 74:36 submitted by South Dakota for action which are
identified within this notice of rulemaking. 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
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves 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 Order
12866 (58 FR 51735, October 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
in 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).
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 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).
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 December 1, 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

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

Dated: September 9, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

40 CFR part 52 is amended 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. In Sec. 52.2170, the table in paragraph (c)(1) is amended by:
0
a. Revising entries for ``74:36:01:01''; ``74:36:02:02'',
``74:36:02:03'', ``74:36:02:04'', ``74:36:02:05''; and ``74:36:04:04'';
0
b. Adding an entry for ``74:36:04:05'' in numerical order;
0
c. Revising entries for ``74:36:04:12'' and ``74:36:04:13'';
0
d. Adding an entry for ``74:36:04:14'' in numerical order;
0
e. Revising entries for ``74:36:04:15''; ``74:36:11:01''; and
``74:36:12:01'';
0
f. Adding an entry for ``74:36:12:02'' in numerical order; and
0
g. Revising entries for ``74:36:12:03''; ``74:36:13:02'',
``74:36:13:03'', ``74:36:13:04'', ``74:36:13:06'', ``74:36:13:07'',
``74:36:13:08''; ``74:36:18:04'', ``74:36:18:05'', ``74:36:18:06'',
``74:36:18:10'',

[[Page 59622]]

``74:36:18:11'', ``74:36:18:12''; ``74:36:20:05'', ``74:36:20:11'',
``74:36:20:13'', ``74:36:20:14'', ``74:36:20:15''; ``74:36:21:02'',
``74:36:21:04'', ``74:36:21:05'', and ``74:36:21:09''.
The revisions and additions read as follows:

Sec. 52.2170 Identification of plan.

* * * * *
(c) * * *
(1) * * *

----------------------------------------------------------------------------------------------------------------
State EPA approval date
State citation Title/subject effective date and citation \1\ Explanations
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:01 Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01...................... Definitions........ 6/25/2013 10/2/2015, [insert
Federal Register
citation].

----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:02 Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
74:36:02:02...................... Ambient air quality 6/25/2013 10/2/2015, [insert
standards. Federal Register
citation].
74:36:02:03...................... Methods of sampling 6/25/2013 10/2/2015, [insert
and analysis. Federal Register
citation].
74:36:02:04...................... Air quality 6/25/2013 10/2/2015, [insert
monitoring network. Federal Register
citation].
74:36:02:05...................... Air quality 6/25/2013 10/2/2015, [insert
monitoring Federal Register
requirements. citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:04 Operating Permits for Minor Sources
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:04:04...................... Standard for 6/25/2013 10/2/2015, [insert
issuance of a Federal Register
minor source citation].
operating permit.
74:36:04:05...................... Time period for 6/25/2013 10/2/2015, [insert
operating permits Federal Register
and renewals. citation].

* * * * * * *
74:36:04:12...................... Public 6/25/2013 10/2/2015, [insert
participation in Federal Register
permitting process. citation].

* * * * * * *
74:36:04:13...................... Final permit 6/25/2013 10/2/2015, [insert
decision--Notice Federal Register
to interested citation].
persons.
74:36:04:14...................... Right to petition 6/25/2013 10/2/2015, [insert
for contested case Federal Register
hearing. citation].
74:36:04:15...................... Contents of 6/25/2013 10/2/2015, [insert
operating permit. Federal Register
citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:11 Performance Testing
----------------------------------------------------------------------------------------------------------------
74:36:11:01...................... Stack performance 6/25/2013 10/2/2015, [insert
testing or other Federal Register
testing methods. citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:12 Control of Visible Emissions
----------------------------------------------------------------------------------------------------------------
74:36:12:01...................... Restrictions on 6/25/2013 10/2/2015, [insert
visible emissions. Federal Register
citation].
74:36:12:02...................... Exceptions to 6/25/2013 10/2/2015, [insert Except for
restrictions. Federal Register 74:36:12:02(3)
citation].
74:36:12:03...................... Exceptions granted 6/25/2013 10/2/2015, [insert
to alfalfa Federal Register
pelletizers or citation].
dehydrators.
----------------------------------------------------------------------------------------------------------------

[[Page 59623]]

* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:13 Continuous Emission Monitoring Systems
----------------------------------------------------------------------------------------------------------------
74:36:13:02...................... Minimum performance 6/25/2013 10/2/2015, [insert
specifications for Federal Register
all continuous citation].
emission
monitoring systems.
74:36:13:03...................... Reporting 6/25/2013 10/2/2015, [insert
requirements. Federal Register
citation].
74:36:13:04...................... Notice to 6/25/2013 10/2/2015, [insert
department of Federal Register
exceedance. citation].
74:36:13:06...................... Compliance 6/25/2013 10/2/2015, [insert
certification. Federal Register
citation].
74:36:13:07...................... Credible evidence.. 6/25/2013 10/2/2015, [insert
Federal Register
citation].
74:36:13:08...................... Compliance 6/25/2013 10/2/2015, [insert
assurance Federal Register
monitoring. citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:18 Regulations for State Facilities in the Rapid City Area
----------------------------------------------------------------------------------------------------------------

* * * * * * *
74:36:18:04...................... Time period for 6/25/2013 10/2/2015, [insert
permits and Federal Register
renewals. citation].
74:36:18:05...................... Required contents 6/25/2013 10/2/2015, [insert
of a complete Federal Register
application for a citation].
permit.
74:36:18:06...................... Contents of permit. 6/25/2013 10/2/2015, [insert
Federal Register
citation].

* * * * * * *
74:36:18:10...................... Visible emission 6/25/2013 10/2/2015, [insert
limit for Federal Register
construction and citation].
continuous
operation
activities.
74:36:18:11...................... Exception to 6/25/2013 10/2/2015, [insert
visible emission Federal Register
limit. citation].
74:36:18:12...................... Notice of operating 6/25/2013 10/2/2015, [insert
noncompliance--Con Federal Register
tents. citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:20 Construction Permits for New Sources or Modifications
----------------------------------------------------------------------------------------------------------------

* * * * * * *
74:36:20:05...................... Standard for 6/25/2013 10/2/2015, [insert
issuance of Federal Register
construction citation].
permit.

* * * * * * *
74:36:20:11...................... Public 6/25/2013 10/2/2015, [insert
participation in Federal Register
permitting process. citation].

* * * * * * *
74:36:20:13...................... Final permit 6/25/2013 10/2/2015, [insert
decision--Notice Federal Register
to interested citation].
persons.
74:36:20:14...................... Right to petition 6/25/2013 10/2/2015, [insert
for contested case Federal Register
hearing. citation].
74:36:20:15...................... Contents of 6/25/2013 10/2/2015, [insert
construction Federal Register
permit. citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
74:36:21 Regional Haze Program
----------------------------------------------------------------------------------------------------------------

* * * * * * *
74:36:21:02...................... Definitions........ 6/25/2013 10/2/2015, [insert
Federal Register
citation].

[[Page 59624]]

* * * * * * *
74:36:21:04...................... Visibility impact 6/25/2013 10/2/2015, [insert
analysis. Federal Register
citation].
74:36:21:05...................... BART determination. 6/25/2013 10/2/2015, [insert
Federal Register
citation].

* * * * * * *
74:36:21:09...................... Monitoring, 6/25/2013 10/2/2015, [insert
recordkeeping, and Federal Register
reporting. citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.

* * * * *

[FR Doc. 2015-24857 Filed 10-1-15; 8:45 am]
BILLING CODE 6560-50-P

59620 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations

Name of State submittal Additional
non-regulatory Applicable geographic area EPA approval date
date explanation
SIP revision

* * * * * * *
2007 Base Year Liberty-Clairton PM2.5 Nonattainment Area ................................. 6/21/13 10/2/15 [Insert Fed-
Emissions Inven- eral Register cita-
tory for the 2006 tion].
PM2.5 NAAQS.

* * * * * action is being taken in accordance with required to be included in SIPs under
■ 3. Section 52.2036 is amended by section 110 of the Clean Air Act (CAA). section 110 of the CAA, most notably
adding paragraph (y) to read as follows: DATES: This final rule is effective on additions to the State’s New Source
November 2, 2015. Performance Standards, National
§ 52.2036 Base year emissions inventory. Emissions Standards for Hazardous Air
ADDRESSES: EPA has established a
* * * * * Pollutants and Title V permitting. These
(y) EPA approves as a revision to the docket for this action under Docket
Identification Number EPA–R08–OAR– revisions, on which EPA is not taking
Pennsylvania State Implementation Plan action, are outlined in the cross-walk
the 2007 base year emissions inventory 2014–0916. All documents in the docket
are listed on the http:// table located in the docket for this
for the Liberty-Clairton 2006 24-hour rulemaking.
PM2.5 nonattainment area submitted by www.regulations.gov index. Although
the Pennsylvania Department of listed in the index, some information II. What action is EPA taking?
Environmental Protection, on behalf of may not be publicly available, e.g.,
Allegheny County Health Department, Confidential Business Information or EPA is finalizing action on South
on June 21, 2013. The emissions other information whose disclosure is Dakota’s July 29, 2013 submittal as
inventory includes emissions estimates restricted by statute. Certain other outlined in Section III. of the proposal
that cover the general source categories material, such as copyrighted material, published on July 14, 2015, with one
of point, area, nonroad, and onroad will be publicly available only in hard exception; EPA’s proposed approval of
sources. The pollutants that comprise copy. Publicly available docket South Dakota’s updates to 74:36:05,
the inventory are PM2.5, NOX, VOCs, materials are available either ‘‘Operating Permits for Part 70 Sources,’’
NH3, and SO2. electronically through http:// as part of its July 14, 2015 action (80 FR
www.regulations.gov or in hard copy at 40953). EPA published a notice of
[FR Doc. 2015–24877 Filed 10–1–15; 8:45 am]
the Air Program, Environmental correction of the proposal on August 24,
BILLING CODE 6560–50–P
Protection Agency (EPA), Region 8, 2015 (80 FR 51152), because CAA Title
1595 Wynkoop Street, Denver, Colorado V requirements are not subject to
ENVIRONMENTAL PROTECTION 80202–1129. EPA requests that you Section 110 of the Clean Air Act and are
AGENCY contact the individual listed in the FOR thus not required to be incorporated
FURTHER INFORMATION CONTACT section to into a SIP. Therefore, EPA is not taking
40 CFR Part 52 view the hard copy of the docket. You any action on South Dakota’s updates to
may view the hard copy of the docket 74:36:05.
[EPA–R08–OAR–2014–0916; FRL–9934–83–
Monday through Friday, 8:00 a.m. to
Region 8] III. Clarification of January 29, 2015
4:00 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Final Action
Approval and Promulgation of Air
Quality Implementation Plans; South Adam Clark, Air Program, U.S. Under CAA sections 110(a)(1) and (2),
Dakota; Revisions to South Dakota Environmental Protection Agency, states are required to submit
Administrative Code Region 8, Mailcode 8P–AR, 1595 infrastructure SIPs to ensure their SIPs
Wynkoop, Denver, Colorado 80202– provide for implementation,
AGENCY: Environmental Protection 1129, (303) 312–7104, clark.adam@
Agency (EPA). maintenance, and enforcement of the
epa.gov. National Ambient Air Quality Standards
ACTION: Final rule.
SUPPLEMENTARY INFORMATION: (NAAQS). On January 29, 2015, EPA
SUMMARY: The Environmental Protection took final action on the infrastructure
Agency (EPA) is approving State I. Background submittals which addressed several
Implementation Plan (SIP) revisions South Dakota’s July 29, 2013 different NAAQS from the State of
submitted by the State of South Dakota submittal covers the following rule South Dakota (80 FR 4799). As part of
on July 29, 2013. This SIP submission changes: (1) Removal of obsolete the January 29, 2015 action, EPA
revises the Administrative Rules of language regarding variance provisions approved South Dakota’s 1997 PM2.5
South Dakota (ARSD) Article 74:36—Air and clean units, and renumbering to NAAQS interstate transport
Pollution Control Program. These reflect the deletions; and (2) Revisions infrastructure sub-element (CAA section
revisions include renumbering, to the date of federal regulations 110(a)(2)(D)(i)(II)). However, EPA had
asabaliauskas on DSK5VPTVN1PROD with RULES

revisions to the date of incorporation by referenced throughout ARSD Article already approved this sub-element in a
reference of the federal regulations 74:36 to July 1, 2012. A cross-walk table final rulemaking on May 8, 2008 (73 FR
referenced throughout ARSD Article that identifies EPA’s action on South 26019, effective July 7, 2008). Therefore,
74:36, and removal of obsolete language Dakota’s revisions is included in the in this action EPA is clarifying that no
regarding variance provisions and clean docket for this rulemaking. action was required on this sub-element
units. EPA is also clarifying a final rule South Dakota’s July 29, 2013 for this NAAQS in the January 29, 2015
issued on January 29, 2015 pertaining to submittal also requests EPA approval of approval of CAA section
South Dakota’s infrastructure SIP. This rule revisions for provisions that are not 110(a)(2)(D)(i)(II) for the 1997 PM2.5

VerDate Sep<11>2014 20:30 Oct 01, 2015 Jkt 238001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1

Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59621

NAAQS and the effective date of Executive Order 12866 (58 FR 51735, is published in the Federal Register.
approval remains July 7, 2008. October 4, 1993); This action is not a ‘‘major rule’’ as
• Does not impose an information defined by 5 U.S.C. 804(2).
IV. Response to Comments collection burden under the provisions Under section 307(b)(1) of the Clean
EPA received one comment on the of the Paperwork Reduction Act (44 Air Act, petitions for judicial review of
July 14, 2015 proposal with respect to U.S.C. 3501 et seq.); this action must be filed in the United
air quality measurements. EPA • Is certified as not having a States Court of Appeals for the
acknowledges this comment but does significant economic impact in a appropriate circuit by December 1,
not consider the comment to be relevant substantial number of small entities 2015. Filing a petition for
to the proposed action. under the Regulatory Flexibility Act (5 reconsideration by the Administrator of
U.S.C. 601 et seq.); this final rule does not affect the finality
V. Summary of Action • Does not contain any unfunded of this action for the purposes of judicial
In this rulemaking, EPA is approving mandate or significantly or uniquely review nor does it extend the time
most remaining portions of South affect small governments, as described within which a petition for judicial
Dakota’s July 29, 2013 submittal as in the Unfunded Mandates Reform Act review may be filed, and shall not
outlined in the crosswalk table located of 1995 (Pub. L. 104–4); postpone the effectiveness of such rule
in the docket for this action. EPA is not • Does not have federalism or action. This action may not be
taking action on certain portions of this implications as specified in Executive challenged later in proceedings to
submittal as described in the proposed Order 13132 (64 FR 43255, August 10, enforce its requirements. (See CAA
rulemaking and the notice of correction 1999); section 307(b)(2)).
to the proposal. Finally, EPA is also • Is not an economically significant
regulatory action based on health or List of Subjects in 40 CFR Part 52
clarifying no action was required in the
January 29, 2015 final action (80 FR safety risks subject to Executive Order Environmental protection, Air
4799) regarding the effective date of 13045 (62 FR 19885, April 23, 1997); pollution control, Carbon monoxide,
• Is not a significant regulatory action Incorporation by reference,
approval for South Dakota’s SIP
subject to Executive Order 13211 (66 FR Intergovernmental relations, Lead,
regarding CAA section 110(a)(2)(D)(i)(II)
28355, May 22, 2001); Nitrogen dioxide, Ozone, Particulate
for the 1997 PM2.5 NAAQS as EPA had • Is not subject to requirements of
already approved this sub-element in a matter, Reporting and recordkeeping
section 12(d) of the National requirements, Sulfur oxides, Volatile
prior rulemaking. Technology Transfer and Advancement organic compounds.
VI. Incorporation by Reference Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would Authority: 42 U.S.C. 7401 et seq.
In this rulemaking, EPA is including be inconsistent with the Clean Air Act; Dated: September 9, 2015.
final EPA rule regulatory text that and Debra H. Thomas,
includes incorporation by reference. In • Does not provide EPA with the Acting Regional Administrator, Region 8.
accordance with the requirements of 1 discretionary authority to address, as
CFR 51.5, EPA is incorporating by appropriate, disproportionate human 40 CFR part 52 is amended as follows:
reference the rules in ARSD Article health or environmental effects, using
74:36 submitted by South Dakota for PART 52—APPROVAL AND
practicable and legally permissible
action which are identified within this PROMULGATION OF
methods, under Executive Order 12898
notice of rulemaking. EPA has made, IMPLEMENTATION PLANS
(59 FR 7629, February 16, 1994).
and will continue to make, these The SIP is not approved to apply on
documents generally available ■ 1. The authority citation for part 52
any Indian reservation land or in any continues to read as follows:
electronically through other area where EPA or an Indian tribe
www.regulations.gov and/or in hard has demonstrated that a tribe has Authority: 42 U.S.C. 7401 et seq.
copy at the appropriate EPA office (see jurisdiction. In those areas of Indian
the ADDRESSES section of this rule’s Subpart QQ—South Dakota
country, the rule does not have tribal
preamble for more information). implications and will not impose ■ 2. In § 52.2170, the table in paragraph
VII. Statutory and Executive Order substantial direct costs on tribal (c)(1) is amended by:
Reviews governments or preempt tribal law as ■ a. Revising entries for ‘‘74:36:01:01’’;
specified by Executive Order 13175 (65 ‘‘74:36:02:02’’, ‘‘74:36:02:03’’,
Under the Clean Air Act, the FR 67249, November 9, 2000). ‘‘74:36:02:04’’, ‘‘74:36:02:05’’; and
Administrator is required to approve a The Congressional Review Act, 5 ‘‘74:36:04:04’’;
SIP submission that complies with the U.S.C. 801 et seq., as added by the Small ■ b. Adding an entry for ‘‘74:36:04:05’’
provisions of the Act and applicable Business Regulatory Enforcement in numerical order;
federal regulations 42 U.S.C. 7410(k); 40 Fairness Act of 1996, generally provides ■ c. Revising entries for ‘‘74:36:04:12’’
CFR 52.02(a). Thus, in reviewing SIP that before a rule may take effect, the and ‘‘74:36:04:13’’;
submissions, EPA’s role is to approve agency promulgating the rule must ■ d. Adding an entry for ‘‘74:36:04:14’’
state choices, provided that they meet submit a rule report, which includes a in numerical order;
the criteria of the Clean Air Act. copy of the rule, to each House of the ■ e. Revising entries for ‘‘74:36:04:15’’;
Accordingly, this action merely Congress and to the Comptroller General ‘‘74:36:11:01’’; and ‘‘74:36:12:01’’;
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approves state law as meeting federal of the United States. EPA will submit a ■ f. Adding an entry for ‘‘74:36:12:02’’
requirements and does not impose report containing this action and other in numerical order; and
additional requirements beyond those required information to the U.S. Senate, ■ g. Revising entries for ‘‘74:36:12:03’’;
imposed by state law. For that reason, the U.S. House of Representatives, and ‘‘74:36:13:02’’, ‘‘74:36:13:03’’,
this action: the Comptroller General of the United ‘‘74:36:13:04’’, ‘‘74:36:13:06’’,
• Is not a ‘‘significant regulatory States prior to publication of the rule in ‘‘74:36:13:07’’, ‘‘74:36:13:08’’;
action’’ subject to review by the Office the Federal Register. A major rule ‘‘74:36:18:04’’, ‘‘74:36:18:05’’,
of Management and Budget under cannot take effect until 60 days after it ‘‘74:36:18:06’’, ‘‘74:36:18:10’’,

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59622 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations

‘‘74:36:18:11’’, ‘‘74:36:18:12’’; ‘‘74:36:21:04’’, ‘‘74:36:21:05’’, and § 52.2170 Identification of plan.
‘‘74:36:20:05’’, ‘‘74:36:20:11’’, ‘‘74:36:21:09’’. * * * * *
‘‘74:36:20:13’’, ‘‘74:36:20:14’’, The revisions and additions read as (c) * * *
‘‘74:36:20:15’’; ‘‘74:36:21:02’’, follows: (1) * * *

State effective EPA approval date and cita-
State citation Title/subject Explanations
date tion 1

* * * * * * *

74:36:01 Definitions

74:36:01:01 ............................. Definitions .............................. 6/25/2013 10/2/2015, [insert Federal
Register citation].

* * * * * * *

74:36:02 Ambient Air Quality

74:36:02:02 ............................. Ambient air quality standards 6/25/2013 10/2/2015, [insert Federal
Register citation].
74:36:02:03 ............................. Methods of sampling and 6/25/2013 10/2/2015, [insert Federal
analysis. Register citation].
74:36:02:04 ............................. Air quality monitoring network 6/25/2013 10/2/2015, [insert Federal
Register citation].
74:36:02:05 ............................. Air quality monitoring require- 6/25/2013 10/2/2015, [insert Federal
ments. Register citation].

* * * * * * *

74:36:04 Operating Permits for Minor Sources

* * * * * * *

74:36:04:04 ............................. Standard for issuance of a 6/25/2013 10/2/2015, [insert Federal
minor source operating per- Register citation].
mit.
74:36:04:05 ............................. Time period for operating per- 6/25/2013 10/2/2015, [insert Federal
mits and renewals. Register citation].

* * * * * * *
74:36:04:12 ............................. Public participation in permit- 6/25/2013 10/2/2015, [insert Federal
ting process. Register citation].

* * * * * * *
74:36:04:13 ............................. Final permit decision—Notice 6/25/2013 10/2/2015, [insert Federal
to interested persons. Register citation].
74:36:04:14 ............................. Right to petition for contested 6/25/2013 10/2/2015, [insert Federal
case hearing. Register citation].
74:36:04:15 ............................. Contents of operating permit 6/25/2013 10/2/2015, [insert Federal
Register citation].

* * * * * * *

74:36:11 Performance Testing

74:36:11:01 ............................. Stack performance testing or 6/25/2013 10/2/2015, [insert Federal
other testing methods. Register citation].

* * * * * * *

74:36:12 Control of Visible Emissions
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74:36:12:01 ............................. Restrictions on visible emis- 6/25/2013 10/2/2015, [insert Federal
sions. Register citation].
74:36:12:02 ............................. Exceptions to restrictions ....... 6/25/2013 10/2/2015, [insert Federal Except for 74:36:12:02(3)
Register citation].
74:36:12:03 ............................. Exceptions granted to alfalfa 6/25/2013 10/2/2015, [insert Federal
pelletizers or dehydrators. Register citation].

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Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59623

State effective EPA approval date and cita-
State citation Title/subject Explanations
date tion 1

* * * * * * *

74:36:13 Continuous Emission Monitoring Systems

74:36:13:02 ............................. Minimum performance speci- 6/25/2013 10/2/2015, [insert Federal
fications for all continuous Register citation].
emission monitoring sys-
tems.
74:36:13:03 ............................. Reporting requirements ......... 6/25/2013 10/2/2015, [insert Federal
Register citation].
74:36:13:04 ............................. Notice to department of ex- 6/25/2013 10/2/2015, [insert Federal
ceedance. Register citation].
74:36:13:06 ............................. Compliance certification ......... 6/25/2013 10/2/2015, [insert Federal
Register citation].
74:36:13:07 ............................. Credible evidence .................. 6/25/2013 10/2/2015, [insert Federal
Register citation].
74:36:13:08 ............................. Compliance assurance moni- 6/25/2013 10/2/2015, [insert Federal
toring. Register citation].

* * * * * * *

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

* * * * * * *
74:36:18:04 ............................. Time period for permits and 6/25/2013 10/2/2015, [insert Federal
renewals. Register citation].
74:36:18:05 ............................. Required contents of a com- 6/25/2013 10/2/2015, [insert Federal
plete application for a per- Register citation].
mit.
74:36:18:06 ............................. Contents of permit ................. 6/25/2013 10/2/2015, [insert Federal
Register citation].

* * * * * * *
74:36:18:10 ............................. Visible emission limit for con- 6/25/2013 10/2/2015, [insert Federal
struction and continuous Register citation].
operation activities.
74:36:18:11 ............................. Exception to visible emission 6/25/2013 10/2/2015, [insert Federal
limit. Register citation].
74:36:18:12 ............................. Notice of operating non- 6/25/2013 10/2/2015, [insert Federal
compliance—Contents. Register citation].

* * * * * * *

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

* * * * * * *
74:36:20:05 ............................. Standard for issuance of con- 6/25/2013 10/2/2015, [insert Federal
struction permit. Register citation].

* * * * * * *
74:36:20:11 ............................. Public participation in permit- 6/25/2013 10/2/2015, [insert Federal
ting process. Register citation].

* * * * * * *
74:36:20:13 ............................. Final permit decision—Notice 6/25/2013 10/2/2015, [insert Federal
to interested persons. Register citation].
74:36:20:14 ............................. Right to petition for contested 6/25/2013 10/2/2015, [insert Federal
case hearing. Register citation].
74:36:20:15 ............................. Contents of construction per- 6/25/2013 10/2/2015, [insert Federal
mit. Register citation].
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* * * * * * *

74:36:21 Regional Haze Program

* * * * * * *
74:36:21:02 ............................. Definitions .............................. 6/25/2013 10/2/2015, [insert Federal
Register citation].

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59624 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations

State effective EPA approval date and cita-
State citation Title/subject Explanations
date tion 1

* * * * * * *
74:36:21:04 ............................. Visibility impact analysis ........ 6/25/2013 10/2/2015, [insert Federal
Register citation].
74:36:21:05 ............................. BART determination .............. 6/25/2013 10/2/2015, [insert Federal
Register citation].

* * * * * * *
74:36:21:09 ............................. Monitoring, recordkeeping, 6/25/2013 10/2/2015, [insert Federal
and reporting. Register citation].

* * * * * * *
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.

* * * * * emissions inventories for the 1997 NAAQS. Concurrently, PADEP
[FR Doc. 2015–24857 Filed 10–1–15; 8:45 am] annual PM2.5 NAAQS and the 2011 submitted a maintenance plan for the
BILLING CODE 6560–50–P
emissions inventories for the 2006 24- Pittsburgh Area as a SIP revision to
hour PM2.5 NAAQS included in the ensure continued attainment throughout
maintenance plan for the Pittsburgh the Pittsburgh Area over the next 10
ENVIRONMENTAL PROTECTION Area. These actions are being taken years. The maintenance plan includes
AGENCY under the Clean Air Act (CAA). the 2017 and 2025 PM2.5 and NOX
DATES: This final rule is effective on MVEBs for the Area for the 1997 annual
40 CFR Parts 52 and 81 October 2, 2015. and 2006 24-hour PM2.5 NAAQS, which
ADDRESSES: EPA has established a
EPA is approving for transportation
[EPA–R03–OAR–2015–0029; FRL–9934–82-
Region 3] docket for this action under Docket ID conformity purposes. PADEP also
Number EPA–R03–OAR–2015–0029. All submitted 2007 and 2011comprehensive
Approval and Promulgation of Air documents in the docket are listed in emissions inventories that were
Quality Implementation Plans; the www.regulations.gov Web site. included in the maintenance plan for
Pennsylvania; Redesignation Request Although listed in the electronic docket, the 1997 annual and 2006 24-hour PM2.5
and Associated Maintenance Plan for some information is not publicly NAAQS, respectively, for NOX, sulfur
the Pittsburgh-Beaver Valley dioxide (SO2), volatile organic
available, i.e., confidential business
Nonattainment Area for the 1997 compounds (VOC), and ammonia (NH3).
information (CBI) or other information
Annual and 2006 24-Hour Fine On May 20, 2015 (80 FR 28906), EPA
whose disclosure is restricted by statute. published a notice of proposed
Particulate Matter Standard Certain other material, such as rulemaking (NPR) for Pennsylvania. In
AGENCY: Environmental Protection copyrighted material, is not placed on the NPR, EPA proposed approval of
Agency (EPA). the Internet and will be publicly Pennsylvania’s December 22, 2014
available only in hard copy form. request to redesignate the Pittsburgh
ACTION: Final rule.
Publicly available docket materials are Area to attainment for the 1997 annual
SUMMARY: The Environmental Protection available either electronically through and 2006 24-hour PM2.5 NAAQS. EPA
Agency (EPA) is approving the www.regulations.gov or in hard copy for also proposed approval of the associated
Commonwealth of Pennsylvania’s public inspection during normal maintenance plan as a revision to the
request to redesignate to attainment the business hours at the Air Protection Pennsylvania SIP for the 1997 annual
Pittsburgh Nonattainment Area Division, U.S. Environmental Protection and 2006 24-hour PM2.5 NAAQS, which
(Pittsburgh Area or Area) for the 1997 Agency, Region III, 1650 Arch Street, includes the 2017 and 2025 PM2.5 and
annual and 2006 24-hour fine Philadelphia, Pennsylvania 19103. NOX MVEBs for both NAAQS, which
particulate matter (PM2.5) national Copies of the State submittal are EPA proposed to approve for purposes
ambient air quality standard (NAAQS or available at the Pennsylvania of transportation conformity. In
standard). EPA has determined that the Department of Environmental addition, EPA proposed approval of the
Pittsburgh Area attained both the 1997 Protection, Bureau of Air Quality 2007 and 2011 emissions inventories
annual and 2006 24-hour PM2.5 NAAQS. Control, P.O. Box 8468, 400 Market included in the Pittsburgh Area’s
In addition, EPA is approving as a Street, Harrisburg, Pennsylvania 17105. maintenance plan for the 1997 annual
revision to the Pennsylvania State FOR FURTHER INFORMATION CONTACT: Rose and 2006 24-hour PM2.5 NAAQS,
Implementation Plan (SIP) the Quinto at (215) 814–2182, or by email respectively, to meet the emissions
associated maintenance plan to show at quinto.rose@epa.gov. inventory requirement of section
maintenance of the 1997 annual and SUPPLEMENTARY INFORMATION: 172(c)(3) of the CAA.
2006 24-hour PM2.5 NAAQS through The details of Pennsylvania’s
2025 for the Pittsburgh Area. The I. Background
submittal and the rationale for EPA’s
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maintenance plan includes the 2017 and On December 22, 2014, the proposed actions are explained in the
2025 PM2.5 and nitrogen oxides (NOX) Commonwealth of Pennsylvania, NPR and will not be restated here. No
motor vehicle emissions budgets through the Pennsylvania Department of adverse public comments were received
(MVEBs) for the Pittsburgh Area for the Environmental Protection (PADEP), on the NPR.
1997 annual and 2006 24-hour PM2.5 formally submitted a request to
NAAQS, which EPA is approving for redesignate the Pittsburgh Area from II. Final Actions
transportation conformity purposes. nonattainment to attainment for the EPA is taking final actions on the
Furthermore, EPA is approving the 2007 1997 annual and 2006 24-hour PM2.5 redesignation request and SIP revisions

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Document Created: 2015-12-15 08:44:18
Document Modified: 2015-12-15 08:44:18

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		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on November 2, 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 59620
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