83 FR 18496 - Approval and Promulgation of Air Quality Implementation Plans; South Dakota; Revisions to the Permitting Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range		18496-18499
FR Document		2018-08676
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).
Federal Register, Volume 83 Issue 82 (Friday, April 27, 2018)
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Proposed Rules]
[Pages 18496-18499]
From the Federal Register Online  [www.thefederalregister.org]
[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
18496 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Proposed Rules

IV. Incorporation by Reference • Is not a significant regulatory action submittal updates certain dates of
subject to Executive Order 13211 (66 FR incorporation by reference and
In this action, the EPA is proposing to
28355, May 22, 2001); reorganizes and revises certain rules. In
include in a final EPA rule regulatory
• Is not subject to requirements of this rulemaking, we are proposing
text that includes incorporation by
Section 12(d) of the National action on all portions of the October 4,
reference. In accordance with
Technology Transfer and Advancement 2017 submittal, except for those
requirements of 1 CFR 51.5, the EPA is
Act of 1995 (15 U.S.C. 272 note) because portions of the submittal which do not
proposing the incorporation by
application of those requirements would belong in the SIP. This action is being
reference of a change to the State of
be inconsistent with the CAA; and taken under section 110 of the Clean Air
Montana’s SIP regarding removing ‘‘24-
• Does not provide the EPA with the Act (CAA).
hour average’’ from ARM
discretionary authority to address, as DATES: Written comments must be
17.8.818(7)(a)(iii). The EPA has made,
appropriate, disproportionate human received on or before May 29, 2018.
and will continue to make, these
health or environmental effects, using ADDRESSES: Submit your comments,
materials generally available through
practicable and legally permissible identified by EPA–R08–OAR–2018–
www.regulations.gov and at the EPA
methods, under Executive Order 12898 0148 at http://www.regulations.gov.
Region 8 Office (please contact the
(59 FR 7629, February 16, 1994). Follow the online instructions for
person identified in the FOR FURTHER
The SIP is not approved to apply on submitting comments. Once submitted,
INFORMATION CONTACT section of this
any Indian reservation land or in any comments cannot be edited or removed
preamble for more information).
other area where the EPA or an Indian from www.regulations.gov. The EPA
V. Statutory and Executive Order tribe has demonstrated that a tribe has may publish any comment received to
Reviews jurisdiction. In those areas of Indian its public docket. Do not submit
country, the proposed rule does not electronically any information you
Under the CAA, the Administrator is
have tribal implications and will not consider to be Confidential Business
required to approve a SIP submission
impose substantial direct costs on tribal Information (CBI) or other information
that complies with the provisions of the
governments or preempt tribal law as whose disclosure is restricted by statute.
Act and applicable federal regulations.
specified by Executive Order 13175 (65 Multimedia submissions (audio, video,
42 U.S.C. 7410(k); 40 CFR 52.02(a).
FR 67249, November 9, 2000). etc.) must be accompanied by a written
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 comment. The written comment is
provided that they meet the criteria of considered the official comment and
Environmental protection, Air should include discussion of all points
the CAA. Accordingly, this action pollution control, Carbon monoxide,
merely proposes to approve state law as you wish to make. The EPA will
Incorporation by reference, generally not consider comments or
meeting federal requirements and does Intergovernmental relations, Lead,
not impose additional requirements comment contents located outside of the
Nitrogen dioxide, Ozone, Particulate primary submission (i.e., on the web,
beyond those imposed by state law. For matter, Reporting and recordkeeping
that reason, this proposed action: cloud, or other file sharing system). For
requirements, Sulfur oxides, Volatile additional submission methods, the full
• Is not a ‘‘significant regulatory organic compounds.
action’’ subject to review by the Office EPA public comment policy,
of Management and Budget under Authority: 42 U.S.C. 7401 et seq. information about CBI or multimedia
Executive Order 12866 (58 FR 51735, Dated: April 13, 2018. submissions, and general guidance on
October 4, 1993) and 13563 (76 FR 3821, Douglas Benevento, making effective comments, please visit
January 21, 2011); http://www2.epa.gov/dockets/
Regional Administrator, Region 8.
commenting-epa-dockets.
• Is not expected to be an Executive [FR Doc. 2018–08624 Filed 4–26–18; 8:45 am]
Order 13771 regulatory action because FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P
this action is not significant under Kevin Leone, Air Program, U.S.
Executive Order 12866; Environmental Protection Agency
• Does not impose an information ENVIRONMENTAL PROTECTION (EPA), Region 8, Mailcode 8P–AR, 1595
collection burden under the provisions AGENCY Wynkoop Street, Denver, Colorado
of the Paperwork Reduction Act (44 80202–1129, (303) 312–6227,
U.S.C. 3501 et seq.); 40 CFR Part 52 leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
• Is certified as not having a [EPA–R08–OAR–2018–0148; FRL–9977–
significant economic impact on a 00—Region 8] I. The EPA’s Evaluation of South
substantial number of small entities Dakota’s Submission—Air Pollution
under the Regulatory Flexibility Act (5 Approval and Promulgation of Air Control Program Chapter 74:36
U.S.C. 601 et seq.); Quality Implementation Plans; South
Dakota; Revisions to the Permitting October 4, 2017 Submittal
• Does not contain any unfunded
mandate or significantly or uniquely Rules A. Chapter 74:36:01—Definitions
affect small governments, as described AGENCY: Environmental Protection Chapter 74:36:01 defines the terms
in the Unfunded Mandates Reform Act Agency (EPA). used throughout Article 74:36—Air
of 1995 (Pub. L. 104–4); Pollution Control Program. There are six
jstallworth on DSKBBY8HB2PROD with PROPOSALS

ACTION: Proposed rule.
• Does not have federalism definitions in Chapter 74:36:01 that
implications as specified in Executive SUMMARY: The Environmental Protection reference federal regulations. The
Order 13132 (64 FR 43255, August 10, Agency (EPA) is proposing to approve sections in Chapter 74:36:01 that are
1999); State Implementation Plan (SIP) being updated to the version of the
• Is not an economically significant revisions submitted by the State of federal reference specified in the Code
regulatory action based on health or South Dakota on October 4, 2017, of Federal Regulations (CFR) as of July
safety risks subject to Executive Order related to South Dakota’s Air Pollution 1, 2016, involve the following:
13045 (62 FR 19885, April 23, 1997); Control Program. The October 4, 2017 74:36:01:01(8); 74:36:01:01(29);

VerDate Sep<11>2014 14:38 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1
18498 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Proposed Rules

South Dakota is proposing to revise permit for a new major source or reference of changes to the State of
section 74:36:20:05 to clarify that air modification to a major source will be South Dakota’s SIP regarding their Air
dispersion modeling for new or issued only after the source has Pollution Control Program in Chapter
modified minor sources is one of several demonstrated that it will not contribute 74:36. The EPA has made, and will
information items that may be required to adverse impact on visibility in any continue to make, these materials
by the department for inclusion in a mandatory Class I federal area. Changes generally available through
permit application. This proposed include guidance for performing air www.regulations.gov and at the EPA
change to the SIP is a clarification and dispersion modeling if air dispersion Region 8 Office (please contact the
does not modify the standard for modeling is required to demonstrate no person identified in the FOR FURTHER
issuance of a construction permit’s adverse impact on visibility. These INFORMATION CONTACT section of this
substantive requirements. The standard changes are located in section preamble for more information).
in Section 74:36:20:05 requires that ‘‘[a] 74:36:21:04 (Visibility Impact Analysis).
construction permit for a new source or IV. Statutory and Executive Order
modification to an existing source may II. What is the EPA proposing to Reviews
be issued only if it has been shown that approve? Under the Clean Air Act, the
the operation of the new source or A. What the EPA Is Not Acting On Administrator is required to approve a
modification to an existing source will SIP submission that complies with the
not prevent or interfere with the The EPA is not acting on revisions to
provisions of the Act and applicable
attainment or maintenance of an 74:36:05 (Operating Permits for Part 70
federal regulations. 42 U.S.C. 7410(k);
applicable national ambient air quality Sources), 74:36:07 (New Source
40 CFR 52.02(a). Thus, in reviewing SIP
standard.’’ Statutory requirements under Performance Standards), 74:36:08
submissions, the EPA’s role is to
CAA section 110(l) provide that the EPA (National Emission Standards for
approve state choices, provided that
cannot approve a SIP revision if the Hazardous Air Pollutants), 74:36:13
they meet the criteria of the Clean Air
revision would interfere with any (Continuous Emission Monitoring
Act. Accordingly, this action merely
applicable requirement concerning System) and 74:36:16 (Acid Rain),
proposes to approve state law as
attainment and reasonable further because these sections are not part of
meeting federal requirements and does
progress, or any other applicable the SIP.
not impose additional requirements
requirement of the CAA. South Dakota’s B. What the EPA Is Acting On beyond those imposed by state law. For
rules provide for several methods and that reason, this proposed action:
data (ambient monitoring data, The EPA is proposing to approve all
revisions as submitted by the State of • Is not a ‘‘significant regulatory
emissions inventories, air dispersion action’’ subject to review by the Office
modeling, or a combination of these South Dakota on October 4, 2017, as
described in section I. of this proposed of Management and Budget under
data in a comprehensive analysis) to Executive Orders 12866 (58 FR 51735,
make the required determination as to rulemaking, with the exception of the
revisions mentioned in section II. A. of October 4, 1993) and 13563 (76 FR 3821,
whether a project would interfere with January 21, 2011);
attainment or maintenance of the this rulemaking.
The revisions are in compliance with • Is not an Executive Order 13771 (82
NAAQS. In addition to requirements in FR 9339, February 2, 2017) regulatory
Section 74:36:20:05, Section 74:36:20:07 federal requirements, including: (1)
CAA section 110(a)(2)(c), which action because SIP approvals are
specifies the required contents of a exempted under Executive Order 12866;
complete application for a construction requires states to include a minor NSR
program in their SIP to regulate • Does not impose an information
permit, and includes ‘‘[t]he results of collection burden under the provisions
any dispersion modeling required by the modifications and new construction of
stationary sources within the area as of the Paperwork Reduction Act (44
department’’ and ‘‘[a]ny other U.S.C. 3501 et seq.);
information requested by the necessary to assure the NAAQS are
achieved; (2) The regulatory • Is certified as not having a
department that is relevant to
requirements under 40 CFR 51.160, significant economic impact on a
determining compliance with that act or
including section 51.160(b), which substantial number of small entities
the Clean Air Act.’’ Therefore, the
requires states to have legally under the Regulatory Flexibility Act (5
revisions to 74:36:20:05 will not
enforceable procedures to prevent U.S.C. 601 et seq.);
interfere with any applicable
construction or modification of a source • Does not contain any unfunded
requirement concerning attainment and
if it would violate any SIP control mandate or significantly or uniquely
reasonable further progress with the
strategies or interfere with attainment or affect small governments, as described
NAAQS.
maintenance of the NAAQS; and (3) the in the Unfunded Mandates Reform Act
Q. Chapter 74:36:21—Regional Haze statutory requirements under CAA of 1995 (Pub. L. 104–4);
Program section 110(l), which provides that the • Does not have federalism
Chapter 74:36:21 contains the EPA cannot approve a SIP revision if the implications as specified in Executive
requirements South Dakota agreed to as revision would interfere with any Order 13132 (64 FR 43255, August 10,
part of the South Dakota Regional Haze applicable requirement concerning 1999);
Program. The EPA approved sections attainment and reasonable further • Is not an economically significant
74:36:21 through 74:36:21:12 into South progress, or any other applicable regulatory action based on health or
requirement of the CAA. safety risks subject to Executive Order
jstallworth on DSKBBY8HB2PROD with PROPOSALS

Dakota’s SIP.
The sections in Chapter 74:36:21 that 13045 (62 FR 19885, April 23, 1997);
III. Incorporation by Reference • Is not a significant regulatory action
are being updated to the version of the
federal reference specified in the CFR as In this action, the EPA is proposing to subject to Executive Order 13211 (66 FR
of July 1, 2016, involve the following: include in a final EPA rule regulatory 28355, May 22, 2001);
74:36:21:02(8); 74:36:21:04; 74:36:21:05; text that includes incorporation by • Is not subject to requirements of
and 74:36:21:09. reference. In accordance with Section 12(d) of the National
South Dakota has also proposed requirements of 1 CFR 51.5, the EPA is Technology Transfer and Advancement
changes to include that a construction proposing the incorporation by Act of 1995 (15 U.S.C. 272 note) because

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Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Proposed Rules 18499

application of those requirements would www.regulations.gov or via email to Act, as amended and commonly referred
be inconsistent with the CAA; and pitre.randy@epa.gov. For additional to as the Resource Conservation and
• Does not provide the EPA with the information on how to submit Recovery Act (RCRA).
discretionary authority to address, as comments see the detailed instructions DATES: Send your written comments by
appropriate, disproportionate human in the ADDRESSES section of the direct May 29, 2018.
health or environmental effects, using final rule located in the rules section of ADDRESSES: Submit your comments,
practicable and legally permissible this Federal Register. identified by Docket ID No. EPA–R02–
methods, under Executive Order 12898 FOR FURTHER INFORMATION CONTACT: Mr. RCRA–2018–0034, by one of the
(59 FR 7629, February 16, 1994). Randy Pitre, (214) 665–7299, following methods:
The SIP is not approved to apply on pitre.randy@epa.gov. • Federal eRulemaking Portal: http://
any Indian reservation land or in any SUPPLEMENTARY INFORMATION: In the www.regulations.gov. Follow the on-line
other area where the EPA or an Indian final rules section of this issue of the instructions for submitting comments.
tribe has demonstrated that a tribe has Federal Register, the EPA is approving • Email: azzam.nidal@epa.gov.
jurisdiction. In those areas of Indian the State’s SIP submittal as a direct rule • Fax: (212) 637–4437.
country, the proposed rule does not without prior proposal because the • Mail: Send written comments to
have tribal implications and will not Agency views this as noncontroversial Nidal Azzam, Base Program
impose substantial direct costs on tribal submittal and anticipates no adverse Management Section Chief, Hazardous
governments or preempt tribal law as comments. A detailed rationale for the Waste Programs Branch, Clean Air and
specified by Executive Order 13175 (65 approval is set forth in the direct final Sustainability Division, EPA, Region 2,
FR 67249, November 9, 2000). rule. If no relevant adverse comments 290 Broadway, 22nd Floor, New York,
List of Subjects in 40 CFR Part 52 are received in response to this action NY 10007.
no further activity is contemplated. If • Hand Delivery or Courier: Deliver
Environmental protection, Air
the EPA receives relevant adverse your comments to Nidal Azzam, Base
pollution control, Carbon monoxide,
comments, the direct final rule will be Program Management Section Chief,
Incorporation by reference,
withdrawn and all public comments Hazardous Waste Programs Branch,
Intergovernmental relations, Lead,
received will be addressed in a Clean Air and Sustainability Division,
Nitrogen dioxide, Ozone, Particulate
subsequent final rule based on this EPA, Region 2, 290 Broadway, 22nd
matter, Reporting and recordkeeping
proposed rule. The EPA will not Floor, New York, NY 10007. Such
requirements, Sulfur oxides, Volatile
institute a second comment period. Any deliveries are only accepted during the
organic compounds.
parties interested in commenting on this Regional Office’s normal hours of
Authority: 42 U.S.C. 7401 et seq. action should do so at this time. operation. The public is advised to call
Dated: April 19, 2018. For additional information, see the in advance to verify the business hours.
Douglas Benevento, direct final rule which is located in the Special arrangements should be made
Regional Administrator, Region 8. rules section of this Federal Register. for deliveries of boxed information.
Dated: April 19, 2018. Instructions: Direct your comments to
[FR Doc. 2018–08676 Filed 4–26–18; 8:45 am]
Docket ID No. EPA–R02–RCRA–2018–
BILLING CODE 6560–50–P Anne Idsal,
0034. EPA’s policy is that all comments
Regional Administrator, Region 6.
received will be included in the public
[FR Doc. 2018–08661 Filed 4–26–18; 8:45 am] docket without change and may be
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P made available on-line at http://
www.regulations.gov, including any
40 CFR Part 52 personal information provided, unless
ENVIRONMENTAL PROTECTION the comment includes information
[EPA–R6–OAR–2017–0519; FRL–9977– AGENCY claimed to be Confidential Business
03—Region 6]
40 CFR Part 272 Information (CBI) or other information
Approval and Promulgation of whose disclosure is restricted by statute.
[EPA–R02–RCRA–2018–0034; FRL–9974– Do not submit information that you
Implementation Plans; Texas; Control 05—Region 2]
of Air Pollution From Visible consider to be CBI or otherwise
Emissions and Particulate Matter protected through http://
New York: Incorporation by Reference www.regulations.gov, or email. The
AGENCY: Environmental Protection of State Hazardous Waste Management Federal http://www.regulations.gov
Agency (EPA). Program website is an ‘‘anonymous access’’
ACTION: Proposed rule. AGENCY: Environmental Protection system, which means EPA will not
Agency (EPA). know your identity or contact
SUMMARY: Pursuant to the Federal Clean information unless you provide it in
ACTION: Proposed rule.
Air Act, the Environmental Protection the body of your comment. If you send
Agency (EPA) is proposing to approve SUMMARY: The Environmental Protection an email comment directly to EPA
revisions to the Texas State Agency (EPA) proposes to revise the without going through http://
Implementation Plan (SIP) submitted by codification of New York’s authorized www.regulations.gov, your email
the State of Texas to the EPA on August hazardous waste program which is set address will be automatically captured
jstallworth on DSKBBY8HB2PROD with PROPOSALS

23, 2017, that pertain to regulations to forth in the regulations entitled and included as part of the comment
control air pollution from visible ‘‘Approved State Hazardous Waste that is placed in the public docket and
emissions and particulate matter. Management Programs’’. EPA will made available on the internet. If you
DATES: Written comments should be incorporate by reference into the Code submit an electronic comment, EPA
received on or before May 29, 2018. of Federal Regulations (CFR) those recommends that you include your
ADDRESSES: Submit your comments, provisions of the State regulations that name and other contact information in
identified by Docket No. EPA–R06– are authorized and that EPA will the body of your comment and with any
OAR–2017–0519, at http:// enforce under the Solid Waste Disposal disk or CD–ROM you submit. If EPA

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Document Created: 2018-04-27 01:45:10
Document Modified: 2018-04-27 01:45:10
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		Written comments must be received on or before May 29, 2018.
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]
FR Citation		83 FR 18496
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