83 FR 29698 - Approval and Promulgation of Air Quality Implementation Plans; South Dakota; Revisions to the Permitting Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range		29698-29702
FR Document		2018-13598

The Environmental Protection Agency (EPA) is taking final action 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 revises certain definitions and dates of incorporation by reference and contains new, amended and renumbered rules. In this rulemaking, we are taking final 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 123 (Tuesday, June 26, 2018)

[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29698-29702]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-13598]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0148; FRL-9979-69--Region 8]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action 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
revises certain definitions and dates of incorporation by reference and
contains new, amended and renumbered rules. In this rulemaking, we are
taking final 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: This final rule is effective on July 26, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2018-0148. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through http://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional available information.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129, (303) 312-6227,
leone.kevin@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

The EPA is taking final action to approve all revisions as
submitted by the State of South Dakota on October 4, 2017, with the
exception of the revisions that we are not acting on, as outlined in
section II.A. of our proposed rulemaking published on April 27, 2018
(83 FR 18496).
We provided a detailed explanation of the bases for our proposed
approval in our April 27, 2018 rulemaking, which will not be restated
here. See 83 FR 18496. We invited comment on all aspects of our
proposal and provided a 30-day comment period. The comment period ended
on May 29, 2018.
In this action, we are responding to the comments we received and
taking final rulemaking action on the rules from the State's October 4,
2017, submittal.

II. Brief Discussion of Statutory and Regulatory Requirements

The changes we are taking final action to approve are consistent
with the CAA and EPA regulations. Specifically:
1. CAA section 110(a)(2)(C), requires each state plan to include
``a program to provide for . . . the regulation of the modification and
construction of any stationary source within the areas covered by the
plan as necessary to assure that the [NAAQS] are achieved, including a
permit program as required in parts C and D of this subchapter.''
2. CAA section 110(a)(2)(A), requires that SIPs contain enforceable
emissions limitations and other control measures. Under section CAA
section 110(a)(2), the enforceability requirement in section
110(a)(2)(A) applies to all plans submitted by a state. Chapter 6,
Section 13 creates enforceable obligations for sources by removing
phrases such as ``the plan shall provide'' and ``the plan may
provide.''
In addition, the CAA (section 110(a)(2)(C)) and 40 CFR 51.160
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
National Ambient Air Quality Standards (NAAQS). Such minor NSR programs
are for pollutants from stationary sources that do not require
Prevention of Significant Deterioration (PSD) or nonattainment new
source review (NNSR) permits. States may customize the requirements of
the minor NSR program as long as their program meets minimum
requirements.
Section 110(l) of the CAA states: ``[e]ach revision to an
implementation plan submitted by a State under this Act shall be
adopted by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision to a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 171), or any
other applicable requirement of this chapter.'' South Dakota's new
revisions to ARSD 74:36 will not interfere with attainment, reasonable
further progress (RFP), or

[[Page 29699]]

any other applicable requirement of the CAA.

III. Response to Comments

We received three comments during the public comment period. The
comments were not related to the EPA's proposed rulemaking for South
Dakota's permitting program changes which was published on April 27,
2018. As such, we are not providing a response to the comments.

IV. Final Action

As outlined in our proposed rulemaking, the EPA finds that the
addition of new, revised and removed rules to ARSD 74:36 will not
interfere with attainment or maintenance of any of the NAAQS in the
State of South Dakota and would not interfere with any other applicable
requirement of the Act or the EPA regulations; and thus, are approvable
under CAA section 110(l). Therefore, we are taking final action to
approve South Dakota's revisions as submitted on October 4, 2017.
Specifically, we are taking final action to approve the following
revisions: 74:36:01:01 (Definitions)-- 74:36:01:01(8), 74:36:01:01(29),
74:36:01:01(67), 74:36:01:05(1) and 74:36:01:20(5), (7), and (8);
74:36:02 (Ambient Air Quality)--74:36:02:02, 74:36:02:03, 74:36:02:04
and 74:36:02:05; 74:36:03 (Air Quality Episodes)--74:36:03:01 and
74:36:03:02; 74:36:04 (Operating Permits for Minor Sources)--
74:36:04:04; 74:36:06 (Regulated Air Pollutant Emissions)--74:36:06:07;
74:36:09 (Prevention of Significant Deterioration)-- 74:36:09:02 and
74:36:09:03; 74:36:10 (New Source Review)-- 74:36:10:02,
74:36:10:03.01, 74:36:10:05, 74:36:10:07 and 74:36:10:08; 74:36:11
(Performance Testing)--74:36:11:01; 74:36:12 (Control of Visible
Emissions)--74:36:12:01 and 74:36:12:03; 74:36:18 (Regulations for
State Facilities in the Rapid City Area)--74:36:18:10; 74:36:20
(Construction Permits for New Sources or Modifications)--74:36:20:05;
74:36:21 (Regional Haze Program)--74:36:21:02(8), 74:36:21:04,
74:36:21:05 and 74:36:21:09.

V. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the State
of South Dakota's revisions to its state implementation plan as
described in section IV. of this preamble. The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 8 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by the EPA for inclusion in the State Implementation
Plan, have been incorporated by reference by the EPA into that plan,
are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of the EPA's approval,
and will be incorporated by reference in the next update to the SIP
compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state actions,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves some state law provisions as meeting federal
requirements; this action does not impose additional requirements
beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; 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).
In addition, the SIP does not 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
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. The 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 27, 2018. 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, Incorporation by

[[Page 29700]]

reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

Dated: June 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority for citation for part 52 continues to read as follows:

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

Subpart QQ--South Dakota

0
2. Section 52.2170(c) is amended by revising the table entries for:
74:36:01:01; 74:36:01:05; 74:36:01:20; 74:36:02:02; 74:36:02:03;
74:36:02:04; 74:36:02:05; 74:36:03:01; 74:36:03:02; 74:36:04:04;
74:36:06:07; 74:36:09:02; 74:36:09:03; 74:36:10:02; 74:36:10:03.01;
74:36:10:05; 74:36:10:07; 74:36:10:08; 74:36:11:01; 74:36:12:01;
74:36:12:03; 74:36:18:10; 74:36:20:05; 74:36:21:02; 74:36:21:04;
74:36:21:05; and 74:36:21:09 to read as follows:

Sec. 52.2170 Identification of plan.

* * * * *
(c) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
State EPA
Rule No. Rule title effective effective Final rule citation, Comments
date date date
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
74:36:01 Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
74:36:01:01....................... Definitions.......... 9/13/2017 7/26/2018 [Insert Federal Except for 74:36:01:01.(73).
Register citation],
6/26/2018.

* * * * * * *
74:36:01:05....................... Applicable 9/13/2017 7/26/2018 [Insert Federal .............................................
requirements of the Register citation],
Clean Air Act 6/26/2018.
defined.

* * * * * * *
74:36:01:20....................... Physical change in or 9/13/2017 7/26/2018 [Insert Federal .............................................
change in the method Register citation],
of operation defined. 6/26/2018.

* * * * * * *
74:36:02:02....................... Ambient air quality 9/13/2017 7/26/2018 [Insert Federal .............................................
standards. Register citation],
6/26/2018.
74:36:02:03....................... Methods of sampling 9/13/2017 7/26/2018 [Insert Federal .............................................
and analysis. Register citation],
6/26/2018.
74:36:02:04....................... Ambient air 9/13/2017 7/26/2018 [Insert Federal .............................................
monitoring network. Register citation],
6/26/2018.
74:36:02:05....................... Air quality 9/13/2017 7/26/2018 [Insert Federal .............................................
monitoring Register citation],
requirements. 6/26/2018.
--------------------------------------------------------------------------------------------------------------------------------------------------------
74:36:03 Air Quality Episodes
--------------------------------------------------------------------------------------------------------------------------------------------------------
74:36:03:01....................... Air pollution 9/13/2017 7/26/2018 [Insert Federal .............................................
emergency episode. Register citation],
6/26/2018.
74:36:03:02....................... Episode emergency 9/13/2017 7/26/2018 [Insert Federal .............................................
contingency plan. Register citation],
6/26/2018.
--------------------------------------------------------------------------------------------------------------------------------------------------------
74:36:04 Operating Permits for Minor Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
74:36:04:04....................... Standard for issuance 9/13/2017 7/26/2018 [Insert Federal .............................................
of a minor source Register citation],
operating permit. 6/26/2018.

* * * * * * *
74:36:06:07....................... Open burning 9/13/2017 7/26/2018 [Insert Federal .............................................
practices prohibited. Register citation],
6/26/2018.

[[Page 29701]]

* * * * * * *
74:36:09:02....................... Prevention of 9/13/2017 7/26/2018 [Insert Federal Except for 74:36:09:02.(10).
significant Register citation],
deterioration. 6/26/2018.
74:36:09:03....................... Public participation. 9/13/2017 7/26/2018 [Insert Federal .............................................
Register citation],
6/26/2018.
--------------------------------------------------------------------------------------------------------------------------------------------------------
74:36:10 New Source Review
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
74:36:10:02....................... Definitions.......... 9/13/2017 7/26/2018 [Insert Federal .............................................
Register citation],
6/26/2018.
74:36:10:03.01.................... New source review 9/13/2017 7/26/2018 [Insert Federal .............................................
preconstruction Register citation],
permit required. 6/26/2018.
74:36:10:05....................... New source review 9/13/2017 7/26/2018 [Insert Federal .............................................
preconstruction Register citation],
permit required. 6/26/2018.

* * * * * * *
74:36:10:07....................... Determining credit 9/13/2017 7/26/2018 [Insert Federal .............................................
for emissions Register citation],
Offsets. 6/26/2018.
74:36:10:08....................... Projected actual 9/13/2017 7/26/2018 [Insert Federal .............................................
emissions. Register citation],
6/26/2018.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
74:36:11 Performance Testing
--------------------------------------------------------------------------------------------------------------------------------------------------------
74:36:11:01....................... Stack performance 9/13/2017 7/26/2018 [Insert Federal .............................................
testing or other Register citation],
testing methods. 6/26/2018.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
74:36:12 Control of Visible Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
74:36:12:01....................... Restrictions on 9/13/2017 7/26/2018 [Insert Federal .............................................
visible emissions. Register citation],
6/26/2018.

* * * * * * *
74:36:12:03....................... Exceptions granted to 9/13/2017 7/26/2018 [Insert Federal .............................................
alfalfa pelletizers Register citation],
or dehydrators. 6/26/2018.

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

* * * * * * *
74:36:18:10....................... Visible emission 9/13/2017 7/26/2018 [Insert Federal .............................................
limit for Register citation],
construction and 6/26/2018.
continuous operation
activities.

* * * * * * *
74:36:20:05....................... Standard for issuance 9/13/2017 7/26/2018 [Insert Federal .............................................
of construction Register citation],
permit. 6/26/2018.

[[Page 29702]]

* * * * * * *
74:36:21:02....................... Definitions.......... 9/13/2017 7/26/2018 [Insert Federal .............................................
Register citation],
6/26/2018.

* * * * * * *
74:36:21:04....................... Visibility impact 9/13/2017 7/26/2018 [Insert Federal .............................................
analysis. Register citation],
6/26/2018.
74:36:21:05....................... BART determination... 9/13/2017 7/26/2018 [Insert Federal .............................................
Register citation],
6/26/2018.

* * * * * * *
74:36:21:09....................... Monitoring, 9/13/2017 7/26/2018 [Insert Federal .............................................
recordkeeping, and Register citation],
reporting. 6/26/2018.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-13598 Filed 6-25-18; 8:45 am]
BILLING CODE 6560-50-P

29698 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations

PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. § 52.2120 Identification of plan.
PROMULGATION OF * * * * *
Subpart PP—South Carolina
IMPLEMENTATION PLANS (c) * * *
■ 2. Section 52.2120(c) is amended by
■ 1. The authority citation for part 52 revising the entry under Regulation No.
continues to read as follows: 62.1 for ‘‘Section I’’ to read as follows:

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State effective
State citation Title/subject EPA approval date Explanation
date

* * * * * * *
Section I ........................ Definitions .................... 8/25/2017 6/26/2018, [Insert citation of publication].

* * * * * * *

* * * * * Certain other material, such as modification and construction of any
[FR Doc. 2018–13571 Filed 6–25–18; 8:45 am] copyrighted material, is not placed on stationary source within the areas
BILLING CODE 6560–50–P the internet and will be publicly covered by the plan as necessary to
available only in hard copy form. assure that the [NAAQS] are achieved,
Publicly available docket materials are including a permit program as required
ENVIRONMENTAL PROTECTION available through http:// in parts C and D of this subchapter.’’
AGENCY www.regulations.gov, or please contact 2. CAA section 110(a)(2)(A), requires
the person identified in the FOR FURTHER that SIPs contain enforceable emissions
40 CFR Part 52 INFORMATION CONTACT section for limitations and other control measures.
[EPA–R08–OAR–2018–0148; FRL–9979– additional available information. Under section CAA section 110(a)(2),
69—Region 8] FOR FURTHER INFORMATION CONTACT: the enforceability requirement in
Kevin Leone, Air Program, U.S. section 110(a)(2)(A) applies to all plans
Approval and Promulgation of Air Environmental Protection Agency, submitted by a state. Chapter 6, Section
Quality Implementation Plans; South Region 8, Mailcode 8P–AR, 1595 13 creates enforceable obligations for
Dakota; Revisions to the Permitting Wynkoop Street, Denver, Colorado sources by removing phrases such as
Rules 80202–1129, (303) 312–6227, ‘‘the plan shall provide’’ and ‘‘the plan
leone.kevin@epa.gov. may provide.’’
AGENCY: Environmental Protection In addition, the CAA (section
Agency (EPA). SUPPLEMENTARY INFORMATION:
110(a)(2)(C)) and 40 CFR 51.160 requires
ACTION: Final rule. I. Background states to have legally enforceable
The EPA is taking final action to procedures to prevent construction or
SUMMARY: The Environmental Protection
approve all revisions as submitted by modification of a source if it would
Agency (EPA) is taking final action to
the State of South Dakota on October 4, violate any SIP control strategies or
approve State Implementation Plan
2017, with the exception of the interfere with attainment or
(SIP) revisions submitted by the State of
revisions that we are not acting on, as maintenance of the National Ambient
South Dakota on October 4, 2017 related
outlined in section II.A. of our proposed Air Quality Standards (NAAQS). Such
to South Dakota’s Air Pollution Control
rulemaking published on April 27, 2018 minor NSR programs are for pollutants
Program. The October 4, 2017 submittal
(83 FR 18496). from stationary sources that do not
revises certain definitions and dates of
We provided a detailed explanation of require Prevention of Significant
incorporation by reference and contains
the bases for our proposed approval in Deterioration (PSD) or nonattainment
new, amended and renumbered rules. In
our April 27, 2018 rulemaking, which new source review (NNSR) permits.
this rulemaking, we are taking final
will not be restated here. See 83 FR States may customize the requirements
action on all portions of the October 4,
18496. We invited comment on all of the minor NSR program as long as
2017 submittal, except for those
aspects of our proposal and provided a their program meets minimum
portions of the submittal which do not
30-day comment period. The comment requirements.
belong in the SIP. This action is being Section 110(l) of the CAA states:
taken under section 110 of the Clean Air period ended on May 29, 2018.
In this action, we are responding to ‘‘[e]ach revision to an implementation
Act (CAA). plan submitted by a State under this Act
the comments we received and taking
DATES: This final rule is effective on July shall be adopted by such State after
final rulemaking action on the rules
26, 2018. from the State’s October 4, 2017, reasonable notice and public hearing.
ADDRESSES: The EPA has established a submittal. The Administrator shall not approve a
docket for this action under Docket ID revision to a plan if the revision would
No. EPA–R08–OAR–2018–0148. All II. Brief Discussion of Statutory and interfere with any applicable
sradovich on DSK3GMQ082PROD with RULES

documents in the docket are listed on Regulatory Requirements requirement concerning attainment and
the http://www.regulations.gov website. The changes we are taking final action reasonable further progress (as defined
Although listed in the index, some to approve are consistent with the CAA in section 171), or any other applicable
information is not publicly available, and EPA regulations. Specifically: requirement of this chapter.’’ South
e.g., confidential business information 1. CAA section 110(a)(2)(C), requires Dakota’s new revisions to ARSD 74:36
(CBI) or other information whose each state plan to include ‘‘a program to will not interfere with attainment,
disclosure is restricted by statute. provide for . . . the regulation of the reasonable further progress (RFP), or

VerDate Sep<11>2014 16:05 Jun 25, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\26JNR1.SGM 26JNR1

Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29699

any other applicable requirement of the through www.regulations.gov and at the • Is not a significant regulatory action
CAA. EPA Region 8 Office (please contact the subject to Executive Order 13211 (66 FR
person identified in the FOR FURTHER 28355, May 22, 2001);
III. Response to Comments • Is not subject to requirements of
INFORMATION CONTACT section of this
We received three comments during preamble for more information). section 12(d) of the National
the public comment period. The Therefore, these materials have been Technology Transfer and Advancement
comments were not related to the EPA’s approved by the EPA for inclusion in Act of 1995 (15 U.S.C. 272 note) because
proposed rulemaking for South Dakota’s the State Implementation Plan, have application of those requirements would
permitting program changes which was been incorporated by reference by the be inconsistent with the Clean Air Act;
published on April 27, 2018. As such, EPA into that plan, are fully federally and
we are not providing a response to the enforceable under sections 110 and 113 • Does not provide the EPA with the
comments. of the CAA as of the effective date of the discretionary authority to address, as
final rulemaking of the EPA’s approval, appropriate, disproportionate human
IV. Final Action
and will be incorporated by reference in health or environmental effects, using
As outlined in our proposed practicable and legally permissible
the next update to the SIP compilation.1
rulemaking, the EPA finds that the methods, under Executive Order 12898
addition of new, revised and removed VI. Statutory and Executive Order (59 FR 7629, February 16, 1994).
rules to ARSD 74:36 will not interfere Reviews In addition, the SIP does not apply on
with attainment or maintenance of any any Indian reservation land or in any
of the NAAQS in the State of South Under the CAA, the Administrator is
other area where the EPA or an Indian
Dakota and would not interfere with any required to approve a SIP submission
tribe has demonstrated that a tribe has
other applicable requirement of the Act that complies with the provisions of the
jurisdiction. In those areas of Indian
or the EPA regulations; and thus, are Act and applicable federal regulations.
country, the rule does not have tribal
approvable under CAA section 110(l). 42 U.S.C. 7410(k); 40 CFR 52.02(a).
implications and will not impose
Therefore, we are taking final action to Thus, in reviewing SIP submissions, the
substantial direct costs on tribal
approve South Dakota’s revisions as EPA’s role is to approve state actions,
governments or preempt tribal law as
submitted on October 4, 2017. provided that they meet the criteria of
specified by Executive Order 13175 (65
Specifically, we are taking final action the CAA. Accordingly, this action
FR 67249, November 9, 2000).
to approve the following revisions: merely approves some state law The Congressional Review Act, 5
74:36:01:01 (Definitions)— provisions as meeting federal U.S.C. 801 et seq., as added by the Small
74:36:01:01(8), 74:36:01:01(29), requirements; this action does not Business Regulatory Enforcement
74:36:01:01(67), 74:36:01:05(1) and impose additional requirements beyond Fairness Act of 1996, generally provides
74:36:01:20(5), (7), and (8); 74:36:02 those imposed by state law. For that that before a rule may take effect, the
(Ambient Air Quality)—74:36:02:02, reason, this action: agency promulgating the rule must
74:36:02:03, 74:36:02:04 and • Is not a significant regulatory action submit a rule report, which includes a
74:36:02:05; 74:36:03 (Air Quality subject to review by the Office of copy of the rule, to each House of the
Episodes)—74:36:03:01 and 74:36:03:02; Management and Budget under Congress and to the Comptroller General
74:36:04 (Operating Permits for Minor Executive Orders 12866 (58 FR 51735, of the United States. The EPA will
Sources)—74:36:04:04; 74:36:06 October 4, 1993) and 13563 (76 FR 3821, submit a report containing this action
(Regulated Air Pollutant Emissions)— January 21, 2011); and other required information to the
74:36:06:07; 74:36:09 (Prevention of • Is not an Executive Order 13771 (82 U.S. Senate, the U.S. House of
Significant Deterioration)— 74:36:09:02 FR 9339, February 2, 2017) regulatory Representatives, and the Comptroller
and 74:36:09:03; 74:36:10 (New Source action because SIP approvals are General of the United States prior to
Review)— 74:36:10:02, 74:36:10:03.01, exempted under Executive Order 12866; publication of the rule in the Federal
74:36:10:05, 74:36:10:07 and • Does not impose an information Register. A major rule cannot take effect
74:36:10:08; 74:36:11 (Performance collection burden under the provisions until 60 days after it is published in the
Testing)—74:36:11:01; 74:36:12 (Control of the Paperwork Reduction Act (44 Federal Register. This action is not a
of Visible Emissions)—74:36:12:01 and U.S.C. 3501 et seq.); ‘‘major rule’’ as defined by 5 U.S.C.
74:36:12:03; 74:36:18 (Regulations for • Is certified as not having a 804(2).
State Facilities in the Rapid City Area)— significant economic impact on a Under section 307(b)(1) of the CAA,
74:36:18:10; 74:36:20 (Construction substantial number of small entities petitions for judicial review of this
Permits for New Sources or under the Regulatory Flexibility Act (5 action must be filed in the United States
Modifications)—74:36:20:05; 74:36:21 U.S.C. 601 et seq.); Court of Appeals for the appropriate
(Regional Haze Program)— • Does not contain any unfunded circuit by August 27, 2018. Filing a
74:36:21:02(8), 74:36:21:04, 74:36:21:05 mandate or significantly or uniquely petition for reconsideration by the
and 74:36:21:09. affect small governments, as described Administrator of this final rule does not
in the Unfunded Mandates Reform Act affect the finality of this action for the
V. Incorporation by Reference
of 1995 (Pub. L. 104–4); purposes of judicial review nor does it
In this rule, the EPA is finalizing extend the time within which a petition
regulatory text that includes • Does not have federalism for judicial review may be filed, and
incorporation by reference. In implications as specified in Executive shall not postpone the effectiveness of
accordance with requirements of 1 CFR Order 13132 (64 FR 43255, August 10, such rule or action. This action may not
sradovich on DSK3GMQ082PROD with RULES

51.5, the EPA is finalizing the 1999); be challenged later in proceedings to
incorporation by reference of the State • Is not an economically significant enforce its requirements. (See CAA
of South Dakota’s revisions to its state regulatory action based on health or section 307(b)(2).)
implementation plan as described in safety risks subject to Executive Order
section IV. of this preamble. The EPA 13045 (62 FR 19885, April 23, 1997); List of Subjects in 40 CFR Part 52
has made, and will continue to make, Environmental protection, Air
these materials generally available 1 62 FR 27968 (May 22, 1997). pollution control, Incorporation by

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29700 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations

reference, Intergovernmental relations, PART 52—APPROVAL AND 74:36:02:02; 74:36:02:03; 74:36:02:04;
Nitrogen dioxide, Ozone, Particulate PROMULGATION OF 74:36:02:05; 74:36:03:01; 74:36:03:02;
matter, Reporting and recordkeeping IMPLEMENTATION PLANS 74:36:04:04; 74:36:06:07; 74:36:09:02;
requirements, Volatile organic 74:36:09:03; 74:36:10:02; 74:36:10:03.01;
compounds. ■ 1. The authority for citation for part 52 74:36:10:05; 74:36:10:07; 74:36:10:08;
continues to read as follows: 74:36:11:01; 74:36:12:01; 74:36:12:03;
Dated: June 20, 2018.
Authority: 42 U.S.C. 7401 et seq. 74:36:18:10; 74:36:20:05; 74:36:21:02;
Douglas Benevento, 74:36:21:04; 74:36:21:05; and
Regional Administrator, Region 8. Subpart QQ—South Dakota 74:36:21:09 to read as follows:
40 CFR part 52 is amended as follows: ■ 2. Section 52.2170(c) is amended by § 52.2170 Identification of plan.
revising the table entries for: * * * * *
74:36:01:01; 74:36:01:05; 74:36:01:20; (c) * * *

State EPA
Rule No. Rule title effective effective Final rule citation, date Comments
date date

* * * * * * *

74:36:01 Definitions

74:36:01:01 .................... Definitions ...................... 9/13/2017 7/26/2018 [Insert Federal Register Except for 74:36:01:01.(73).
citation], 6/26/2018.

* * * * * * *
74:36:01:05 .................... Applicable requirements 9/13/2017 7/26/2018 [Insert Federal Register
of the Clean Air Act citation], 6/26/2018.
defined.

* * * * * * *
74:36:01:20 .................... Physical change in or 9/13/2017 7/26/2018 [Insert Federal Register
change in the method citation], 6/26/2018.
of operation defined.

* * * * * * *

74:36:02 Ambient Air Quality

* * * * * * *
74:36:02:02 .................... Ambient air quality 9/13/2017 7/26/2018 [Insert Federal Register
standards. citation], 6/26/2018.
74:36:02:03 .................... Methods of sampling 9/13/2017 7/26/2018 [Insert Federal Register
and analysis. citation], 6/26/2018.
74:36:02:04 .................... Ambient air monitoring 9/13/2017 7/26/2018 [Insert Federal Register
network. citation], 6/26/2018.
74:36:02:05 .................... Air quality monitoring re- 9/13/2017 7/26/2018 [Insert Federal Register
quirements. citation], 6/26/2018.

74:36:03 Air Quality Episodes

74:36:03:01 .................... Air pollution emergency 9/13/2017 7/26/2018 [Insert Federal Register
episode. citation], 6/26/2018.
74:36:03:02 .................... Episode emergency con- 9/13/2017 7/26/2018 [Insert Federal Register
tingency plan. citation], 6/26/2018.

74:36:04 Operating Permits for Minor Sources

* * * * * * *
74:36:04:04 .................... Standard for issuance of 9/13/2017 7/26/2018 [Insert Federal Register
a minor source oper- citation], 6/26/2018.
ating permit.

* * * * * * *
sradovich on DSK3GMQ082PROD with RULES

74:36:06 Regulated Air Pollutant Emissions

* * * * * * *
74:36:06:07 .................... Open burning practices 9/13/2017 7/26/2018 [Insert Federal Register
prohibited. citation], 6/26/2018.

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$Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29701 State EPA Rule No. Rule title effective effective Final rule citation, date Comments date date * * * * * * * 74:36:09 Prevention of Significant Deterioration * * * * * * * 74:36:09:02 .................... Prevention of significant 9/13/2017 7/26/2018 [Insert Federal Register Except for 74:36:09:02.(10). deterioration. citation], 6/26/2018. 74:36:09:03 .................... Public participation ........ 9/13/2017 7/26/2018 [Insert Federal Register citation], 6/26/2018. 74:36:10 New Source Review * * * * * * * 74:36:10:02 .................... Definitions ...................... 9/13/2017 7/26/2018 [Insert Federal Register citation], 6/26/2018. 74:36:10:03.01 ............... New source review 9/13/2017 7/26/2018 [Insert Federal Register preconstruction permit citation], 6/26/2018. required. 74:36:10:05 .................... New source review 9/13/2017 7/26/2018 [Insert Federal Register preconstruction permit citation], 6/26/2018. required. * * * * * * * 74:36:10:07 .................... Determining credit for 9/13/2017 7/26/2018 [Insert Federal Register emissions Offsets. citation], 6/26/2018. 74:36:10:08 .................... Projected actual emis- 9/13/2017 7/26/2018 [Insert Federal Register sions. citation], 6/26/2018. * * * * * * * 74:36:11 Performance Testing 74:36:11:01 .................... Stack performance test- 9/13/2017 7/26/2018 [Insert Federal Register ing or other testing citation], 6/26/2018. methods. * * * * * * * 74:36:12 Control of Visible Emissions 74:36:12:01 .................... Restrictions on visible 9/13/2017 7/26/2018 [Insert Federal Register emissions. citation], 6/26/2018. * * * * * * * 74:36:12:03 .................... Exceptions granted to al- 9/13/2017 7/26/2018 [Insert Federal Register falfa pelletizers or citation], 6/26/2018. dehydrators. * * * * * * * 74:36:18 Regulations for State Facilities in the Rapid City Area * * * * * * * 74:36:18:10 .................... Visible emission limit for 9/13/2017 7/26/2018 [Insert Federal Register construction and con- citation], 6/26/2018. tinuous operation ac- tivities. * * * * * * * sradovich on DSK3GMQ082PROD with RULES 74:36:20 Construction Permits for New Sources Or Modifications * * * * * * * 74:36:20:05 .................... Standard for issuance of 9/13/2017 7/26/2018 [Insert Federal Register construction permit. citation], 6/26/2018. VerDate Sep<11>2014 16:05 Jun 25, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\26JNR1.SGM 26JNR1$

29702 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations

State EPA
Rule No. Rule title effective effective Final rule citation, date Comments
date date

* * * * * * *

74:36:21 Regional Haze Program

* * * * * * *
74:36:21:02 .................... Definitions ...................... 9/13/2017 7/26/2018 [Insert Federal Register
citation], 6/26/2018.

* * * * * * *
74:36:21:04 .................... Visibility impact analysis 9/13/2017 7/26/2018 [Insert Federal Register
citation], 6/26/2018.
74:36:21:05 .................... BART determination ...... 9/13/2017 7/26/2018 [Insert Federal Register
citation], 6/26/2018.

* * * * * * *
74:36:21:09 .................... Monitoring, record- 9/13/2017 7/26/2018 [Insert Federal Register
keeping, and reporting. citation], 6/26/2018.

* * * * * * *

* * * * * holidays. The telephone number for the site at http://www.ecfr.gov/cgi-bin/text-
[FR Doc. 2018–13598 Filed 6–25–18; 8:45 am] Public Reading Room is (202) 566–1744, idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
BILLING CODE 6560–50–P and the telephone number for the OPP 40tab_02.tpl.
Docket is (703) 305–5805. Please review
C. How can I file an objection or hearing
the visitor instructions and additional
ENVIRONMENTAL PROTECTION request?
information about the docket available
AGENCY at http://www.epa.gov/dockets. Under FFDCA section 408(g), 21
FOR FURTHER INFORMATION CONTACT: U.S.C. 346a, any person may file an
40 CFR Part 180
Michael Goodis, Registration Division objection to any aspect of this regulation
[EPA–HQ–OPP–2017–0225; FRL–9978–70] (7505P), Office of Pesticide Programs, and may also request a hearing on those
Environmental Protection Agency, 1200 objections. You must file your objection
Fluroxypyr; Pesticide Tolerances Pennsylvania Ave. NW, Washington, DC or request a hearing on this regulation
AGENCY: Environmental Protection 20460–0001; main telephone number: in accordance with the instructions
Agency (EPA). (703) 305–7090; email address: provided in 40 CFR part 178. To ensure
ACTION: Final rule. RDFRNotices@epa.gov. proper receipt by EPA, you must
SUPPLEMENTARY INFORMATION: identify docket ID number EPA–HQ–
SUMMARY: This regulation establishes OPP–2017–0225 in the subject line on
tolerances for residues of fluroxypyr in I. General Information the first page of your submission. All
or on teff forage, teff grain, teff hay, and A. Does this action apply to me? objections and requests for a hearing
teff straw. Interregional Research Project must be in writing, and must be
Number 4 (IR–4) requested these You may be potentially affected by received by the Hearing Clerk on or
tolerances under the Federal Food, this action if you are an agricultural before August 27, 2018. Addresses for
Drug, and Cosmetic Act (FFDCA). producer, food manufacturer, or mail and hand delivery of objections
DATES: This regulation is effective June
pesticide manufacturer. The following and hearing requests are provided in 40
26, 2018. Objections and requests for list of North American Industrial CFR 178.25(b).
hearings must be received on or before Classification System (NAICS) codes is
not intended to be exhaustive, but rather In addition to filing an objection or
August 27, 2018, and must be filed in hearing request with the Hearing Clerk
accordance with the instructions provides a guide to help readers
determine whether this document as described in 40 CFR part 178, please
provided in 40 CFR part 178 (see also submit a copy of the filing (excluding
Unit I.C. of the SUPPLEMENTARY applies to them. Potentially affected
entities may include: any Confidential Business Information
INFORMATION). (CBI)) for inclusion in the public docket.
• Crop production (NAICS code 111).
ADDRESSES: The docket for this action, • Animal production (NAICS code Information not marked confidential
identified by docket identification (ID) 112). pursuant to 40 CFR part 2 may be
number EPA–HQ–OPP–2017–0225, is • Food manufacturing (NAICS code disclosed publicly by EPA without prior
available at http://www.regulations.gov 311). notice. Submit the non-CBI copy of your
or at the Office of Pesticide Programs • Pesticide manufacturing (NAICS objection or hearing request, identified
Regulatory Public Docket (OPP Docket) code 32532). by docket ID number EPA–HQ–OPP–
sradovich on DSK3GMQ082PROD with RULES

in the Environmental Protection Agency 2017–0225, by one of the following
Docket Center (EPA/DC), West William B. How can I get electronic access to methods:
Jefferson Clinton Bldg., Rm. 3334, 1301 other related information? • Federal eRulemaking Portal: http://
Constitution Ave. NW, Washington, DC You may access a frequently updated www.regulations.gov. Follow the online
20460–0001. The Public Reading Room electronic version of EPA’s tolerance instructions for submitting comments.
is open from 8:30 a.m. to 4:30 p.m., regulations at 40 CFR part 180 through Do not submit electronically any
Monday through Friday, excluding legal the Government Printing Office’s e-CFR information you consider to be CBI or

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Document Created: 2018-06-26 00:52:33
Document Modified: 2018-06-26 00:52:33

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 July 26, 2018.
Contact		Kevin Leone, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, [email protected]
FR Citation		83 FR 29698
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds