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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: August 14, 2006 (Volume 71, Number 156)]
[Rules and Regulations]
[Page 46403-46409]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au06-11]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2006-0604; FRL-8208-8]

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

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct Final rule and NSPS Delegation.

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SUMMARY: EPA is taking direct final action approving a State
Implementation Plan (SIP) revisions submitted by the State of South
Dakota on January 14, 2005. The January 14, 2005 submittal revises the
Administrative Rules of South Dakota, Air Pollution Control Program, by
modifying the chapters pertaining to definitions, ambient air quality,
air quality episodes, operating permits for minor sources, regulated
air pollutant emissions, new source review, performance testing,
control of visible emissions, and continuous emission monitoring
systems. In addition, the State made revisions to the Prevention of
Significant Deterioration program, which has been delegated to the
State. The intended effect of this action is to make these revisions
federally enforceable. We are also announcing that on March 23, 2005,
we updated the delegation of authority for the implementation and
enforcement of the New Source Performance Standards to the State of
South Dakota. These actions are being taken under sections 110 and 111
of the Clean Air Act.

DATES: This rule is effective on October 13, 2006 without further
notice, unless EPA receives adverse comment by September 13, 2006. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2006-0604, by one of the following methods:
? http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
? E-mail: long.richard@epa.gov and dygowski.laurel@epa.gov.
? Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
? Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
? Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal holidays. Special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0604. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov
or e-mail. The http://www.regulations.gov Web site
is an (anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm. For additional instructions on submitting
comments, go to Section I. General Information of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is

[[Page 46404]]

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 in
http://www.regulations.gov or in hard copy at the Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, 999 18th
Street, Suite 300, Denver, Colorado 80202-2466. EPA requests that if at
all possible, 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 a.m. to 4
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA Region 8, 999
18th Street, Suite 200, Mailcode 8P-AR, Denver, CO 80202 (303) 312-
6144, dygowski.laurel@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Summary of SIP revision
III. Revisions to Delegated Programs
IV. Final Action
V. Statutory and Executive Order Reviews

Definitions

For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State or South Dakota mean the State of South
Dakota, unless the context indicates otherwise.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through
Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.

II. Summary of SIP Revision

On January 14, 2005, the State of South Dakota submitted revisions
to its State Implementation Plan (SIP). The specific revisions to the
SIP contained in the January 14, 2005 submittal are explained below.
The January 14, 2005 submittal also contained revisions to other
sections of the Administrative Rules of South Dakota (ARSD) that are
not part of the SIP. This rule does not address revisions to ARSD
74:36:05, 74:36:07, 74:36:08, or 74:36:16 that were part of the January
14, 2005 submittal.

A. ARSD 74:36:01--Definitions

ARSD 74:36:01 was revised to repeal the definitions for ``actual
emissions'', ``major modification'', ``reconstruction of sources'', and
``significant''. These terms pertain to federal programs that the State
adopts by reference and the Federal programs define these terms. The
State adopts by reference the definitions for actual emissions and
major modification in ARSD 74:36:10:02, the definition for
reconstruction of sources in ARSD 74:36:07:01 and 74:36:08:01, and
significant in ARSD 7436:09:02. Therefore, the State is repealing these
definitions and has adopted by reference the Federal definitions. The
State is deleting the definitions for ``Part 70'' and ``reference
method'' since they are not used anywhere in article 74:36, and is
revising the definition for ``permit modification'' to reflect that the
term permit modification pertains to both Part 70 operating permits and
minor operating permits. The State has revised the definitions for
``categories of sources'' and ``modification'' to make them equivalent
to the federal definitions. In addition, the State has revised several
definitions to update the incorporation of the Code of Federal
Regulations (CFR) to the July 1, 2003 CFR and has made minor
typographical corrections.

B. ARSD 74:36:02--Ambient Air Quality and ARSD 74:36:03--Air Quality
Episodes

The State has revised these sections to update the incorporation of
the CFR to the July 1, 2003 CFR and has made minor typographical
corrections.

C. ARSD 74:36:04--Operating Permits for Minor Sources

Subsection 74:36:04:04 contains the standard that is used to issue
an operating permit. Both a new source and a permit modification must
demonstrate that it will not interfere with the attainment or
maintenance of the National Ambient Air Quality Standards (NAAQS). The
State has revised this subsection to include the term permit
modification which was not previously included. The State has also
revised this section to update the incorporation of the CFR to the July
1, 2003 CFR and has made minor typographical corrections.

D. ARSD 74:36:06--Regulated Air Pollutant Emissions

Subsection 74:36:06:04 pertains to particulate emission
restrictions for incinerators and wood waste burners. The State is
revising this section to include a reference to chapter 74:36:08 to
include emission limits from this chapter that apply to incinerators.
The State is also revising subsection 74:36:06:06, which identifies
those units that emit enough air pollutants to warrant a stack
performance test to ensure compliance with state and federal air
emission limits. Prior to this revision, this subsection only
identified new units and a major modification as having to perform a
stack test. The State is revising this section by removing the term
``major'' so that any modification will require a stack performance
test to ensure compliance.

[[Page 46405]]

E. ARSD 74:36:10--New Source Review, ARSD 74:36:11--Performance
Testing, ARSD 74:36:12--Control of Visible Emissions, and ARSD
74:36:13--Continuous Emission Monitoring Systems

The State has revised these sections to update the incorporation of
the CFR to the July 1, 2003 CFR and has made minor typographical
corrections.

III. Revisions to Delegated Programs

A. ARSD 74:36:07--New Source Performance Standards (NSPS)

The January 14, 2005 submittal by the State updated the effective
date of the incorporated by reference NSPS to July 1, 2003. EPA is
announcing that on March 23, 2005, we updated the delegation of
authority for the implementation and enforcement of the NSPS to the
State. The March 23, 2005 letter of delegation to the State follows:

Steven M. Pirner, Secretary,
South Dakota Department of
Environment and Natural Resources,
523 East Capitol,
Pierre, SD 57501-3182.

Dear Mr. Pirner:
On January 14, 2005, the State submitted a revision to the Air
Pollution Control Program for South Dakota. Specifically, the state
revised its rules to incorporate the July 1, 2003 Code of Federal
Regulations. This revision, in effect, updates the citation of the
incorporated Federal New Source Performance Standards (NSPS) to July
1, 2003.
Subsequent to states adopting NSPS regulations, EPA delegates
the authority for the implementation and enforcement of those NSPS,
so long as the state's regulations are equivalent to the Federal
regulations. EPA reviewed the pertinent statutes and regulations of
the State of South Dakota and determined that they provide an
adequate and effective procedure for the implementation and
enforcement of the NSPS by the State of South Dakota. Therefore,
pursuant to section 111(c) of the Clean Air Act (Act), as amended,
and 40 CFR part 60, EPA hereby delegates its authority for the
implementation and enforcement of the NSPS to the State of South
Dakota as follows:
(A) Responsibility for all sources located, or to be located, in
the State of South Dakota subject to the standards of performance
for new stationary sources promulgated in 40 CFR part 60. The
categories of new stationary sources covered by this delegation are
all NSPS subparts in 40 CFR part 60, as in effect on July 1, 2003.
Note this delegation does not include the emission guidelines in
subparts Cb, Cc, Cd, Ce, BBBB and DDDD. These subparts require state
plans which are approved under a separate process pursuant to
section 111(d) of the Act.
(B) Not all authorities of NSPS can be delegated to states under
section 111(c) of the Act, as amended. The EPA Administrator retains
authority to implement those sections of the NSPS that require: (1)
Approving equivalency determinations and alternative test methods,
(2) decision making to ensure national consistency, and (3) EPA
rulemaking to implement. Therefore, of the NSPS of 40 CFR part 60
being delegated in this letter, the enclosure lists examples of
sections in 40 CFR part 60 that cannot be delegated to the State of
South Dakota.
(C) The Department of Environment and Natural Resources (DENR)
and EPA will continue a system of communication sufficient to
guarantee that each office is always fully informed and current
regarding compliance status of the subject sources and
interpretation of the regulations.
(D) Enforcement of the NSPS in the state will be the primary
responsibility of the DENR. If the DENR determines that such
enforcement is not feasible and so notifies EPA, or where the DENR
acts in a manner inconsistent with the terms of this delegation, EPA
may exercise its concurrent enforcement authority pursuant to
section 113 of the Act, as amended, with respect to sources within
the State of South Dakota subject to NSPS.
(E) The State of South Dakota will at no time grant a variance
or waiver from compliance with NSPS regulations. Should DENR grant
such a variance or waiver, EPA will consider the source receiving
such relief to be in violation of the applicable Federal regulation
and initiate enforcement action against the source pursuant to
section 113 of the Act. The granting of such relief by the DENR
shall also constitute grounds for revocation of delegation by EPA.
(F) If at anytime there is a conflict between a state regulation
and a Federal regulation (40 CFR part 60), the Federal regulation
must be applied if it is more stringent than that of the state. If
the state does not have the authority to enforce the more stringent
Federal regulation, this portion of the delegation may be revoked.
(G) If the Regional Administrator determines that a state
procedure for enforcing or implementing the NSPS is inadequate, or
is not being effectively carried out, this delegation may be revoked
in whole or part. Any such revocation shall be effective as of the
date specified in a Notice of Revocation to the DENR.
(H) Acceptance of this delegation of presently promulgated NSPS
does not commit the State of South Dakota to accept delegation of
future standards and requirements. A new request for delegation will
be required for any standards not included in the state's request of
January 14, 2005.
(I) Upon approval of the Regional Administrator of EPA Region
VIII, the Secretary of DENR may subdelegate his/her authority to
implement and enforce the NSPS to local air pollution control
authorities in the state when such authorities have demonstrated
that they have equivalent or more stringent programs in force.
(J) The State of South Dakota must require reporting of all
excess emissions from any NSPS source in accordance with 40 CFR 60.7(c).
(K) Performance tests shall be scheduled and conducted in
accordance with the procedures set forth in 40 CFR part 60 unless
alternate methods or procedures are approved by the EPA
Administrator. Although the Administrator retains the exclusive
right to approve equivalent and alternate test methods as specified
in 40 CFR 60.8(b)(2) and (3), the state may approve minor changes in
methodology provided these changes are reported to EPA Region VIII.
The Administrator also retains the right to change the opacity
standard as specified in 40 CFR 60.11(e).
(L) Determinations of applicability such as those specified in
40 CFR 60.5 and 60.6 shall be consistent with those which have
already been made by the EPA.
(M) Alternatives to continuous monitoring procedures or
reporting requirements, as outlined in 40 CFR 60.13(i), may be approved
by the state with the prior concurrence of the Regional Administrator.
(N) If a source proposes to modify its operation or facility
which may cause the source to be subject to NSPS requirements, the
state shall notify EPA Region VIII and obtain a determination on the
applicability of the NSPS regulations.
(O) Information shall be made available to the public in
accordance with 40 CFR 60.9. Any records, reports, or information
provided to, or otherwise obtained by, the state in accordance with
the provisions of these regulations shall be made available to the
designated representatives of EPA upon request.
(P) All reports required pursuant to the delegated NSPS should
not be submitted to the EPA Region VIII office, but rather to the DENR.
(Q) As 40 CFR part 60 is updated, South Dakota should revise its
regulations accordingly and in a timely manner and submit to EPA
requests for updates to its delegation of authority.
EPA is approving South Dakota's request for NSPS delegation for
all areas within the State except for land within formal Indian
reservations located within or abutting the State of South Dakota,
including the: Cheyenne River Indian Reservation, Crow Creek Indian
Reservation, Flandreau Indian Reservation, Lower Brule Indian
Reservation, Pine Ridge Indian Reservation, Rosebud Indian
Reservation, Standing Rock Indian Reservation, Yankton Indian
Reservation, any land held in trust by the United States for an
Indian tribe; and any other areas which are ``Indian Country''
within the meaning of 18 U.S.C. 1151.
Since this delegation is effective immediately, there is no need
for the state to notify the EPA of its acceptance. Unless we receive
written notice of objections from you within ten days of the date on
which you receive this letter, the State of South Dakota will be
deemed to accept all the terms of this delegation. EPA will publish
an information notice in the Federal Register in the near future to
inform the public of this delegation, in which this letter will
appear in its entirety.
If you have any questions on this matter, please contact me or
have your staff contact Richard Long, Director of our Air and
Radiation Program. We can both be reached at (800) 227-8917.

Sincerely yours,

[[Page 46406]]

Robert E. Roberts
Regional Administrator
Enclosure cc: Brian Gustafson, Administrator, South Dakota Air
Quality Program

Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective
Through July 1, 2003, to the State of South Dakota

Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
40 CFR Subparts Section(s)
------------------------------------------------------------------------
A................................. 60.8(b)(2) and (b)(3), and those
sections throughout the standards
that reference 60.8(b)(2) and
(b)(3); 60.11(b) and (e); and
60.13(i).
Da................................ 60.45a.
Db................................ 60.44b(f), 60.44b(g) and
60.49b(a)(4).
Dc................................ 60.48c(a)(4).
Ec................................ 60.56c(i), 60.8
J................................. 60.105(a)(13)(iii) and
60.106(i)(12).
Ka................................ 60.114a.
Kb................................ 60.111b(f)(4), 60.114b,
60.116b(e)(3)(iii),
60.116b(e)(3)(iv), and
60.116b(f)(2)(iii).
O................................. 60.153(e).
S................................. 60.195(b).
DD................................ 60.302(d)(3).
GG................................ 60.332(a)(3) and 60.335(a).
VV................................ 60.482-1(c)(2) and 60.484.
WW................................ 60.493(b)(2)(i)(A) and 60.496(a)(1).
XX................................ 60.502(e)(6)
AAA............................... 60.531, 60.533, 60.534, 60.535,
60.536(i)(2), 60.537, 60.538(e) and
60.539.
BBB............................... 60.543(c)(2)(ii)(B).
DDD............................... 60.562-2(c).
GGG............................... 60.592(c).
III............................... 60.613(e).
JJJ............................... 60.623.
KKK............................... 60.634.
NNN............................... 60.663(f).
QQQ............................... 60.694.
RRR............................... 60.703(e).
SSS............................... 60.711(a)(16), 60.713(b)(1)(i) and
(ii), 60.713(b)(5)(i), 60.713(d),
60.715(a) and 60.716.
TTT............................... 60.723(b)(1), 60.723(b)(2)(i)(C),
60.723(b)(2)(iv), 60.724(e) and
60.725(b).
VVV............................... 60.743(a)(3)(v)(A) and (B),
60.743(e), 60.745(a) and 60.746.
WWW............................... 60.754(a)(5).

CCCC.............................. 60.2030(c) identifies authorities in
Subpart CCCC that cannot be
delegated to the State.
------------------------------------------------------------------------

B. ARSD 74:36:09--Prevention of Significant Deterioration (PSD)

On July 6, 1994, EPA delegated the authority to South Dakota to
implement and enforce the Federal PSD permitting regulations (see 59
FR 47260). In order to maintain their delegation for the
implementation and enforcement of the PSD program, the State has
made revisions to ARSD 74:36:09 to make it equivalent to EPA's
regulations. The State has revised this chapter by removing the
references to Federal Register notices published after July 1, 2002
and adding references to the July 1, 2003 CFR. The delegation of the
PSD program to the State still carries the same terms of delegation
as outlined in the 1994 Federal Register notice (59 FR 47260). In
delegating the PSD program to the State, the State agrees to follow
EPA's interpretations of the regulations, as articulated in
regulatory preambles, guidance, and other Agency statements.

IV. Final Action

EPA is approving revisions to the South Dakota SIP submitted by
the State on January 14, 2005. The revisions we are approving are
revisions to ARSD 74:36:01, 73:36:02, 74:36:03, 74:36:04, 74:36:06,
74:36:10, 74:36:11, 74:36:12, and 74:36:13. We are approving
revisions to the delegated PSD program in ARSD 74:36:09. We are also
announcing that on March 23, 2005, we updated the delegation of
authority for the implementation and enforcement of the NSPS to the
State of South Dakota.
Section 110(l) of the Clean Air Act states that a SIP revision
cannot be approved if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress towards attainment of the NAAQS or any other applicable
requirements of the Act. The South Dakota SIP revisions that are the
subject of this document do not interfere with the maintenance of
the NAAQS or any other applicable requirement of the Act because of
the following: (1) The revisions to the SIP meet Federal
requirements and allow the State to include the most recent version
of Federal regulations; and (2) the NSPS delegation meets the
requirements of section 111(c) of the CAA and 40 CFR part 60.
Therefore, section 110(l) requirements are satisfied.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of
today's Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision
if adverse comments are filed. This rule will be effective October
13, 2006 without further notice unless the Agency receives adverse
comments by September 13, 2006. If the EPA receives adverse
comments, EPA will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect.
EPA will address all public comments in a subsequent final rule
based on the proposed rule. The EPA will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if
that provision may be severed from the remainder of the rule, EPA
may adopt as final those provisions of the rule that are not the
subject of an adverse comment.

V. Statutory and Executive Order Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is
not subject to review by the Office of Management and Budget. For
this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule

[[Page 46407]]

approves pre-existing requirements under state law and does not
impose any additional enforceable duty beyond that required by state
law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes,
on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (59 FR 22951, November 9, 2000). This action also does
not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship
between the national government and the States, or on the
distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship
or the distribution of power and responsibilities established in the
Clean Air Act. This rule also is not subject to Executive Order
13045 ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
In this context, in the absence of a prior existing requirement for
the State to use voluntary consensus standards (VCS), EPA has no
authority to disapprove a SIP submission for failure to use VCS. It
would thus be inconsistent with applicable law for EPA, when it
reviews a SIP submission, to use VCS in place of a SIP submission
that otherwise satisfies the provisions of the Clean Air Act. Thus,
the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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 rule 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 October 13, 2006.
Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of this rule 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
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.

Dated: August 1, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.

? 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

? 1. The authority citation for Part 52 continues to read as follows:

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

Subpart QQ--South Dakota

? 2. In Sec. 52.2170, the table in paragraph (c) is amended by revising
the entries for chapters 74:36:01, 73:36:02, 74:36:03, 74:36:04,
74:36:06, 74:36:10, 74:36:11, 74:36:12, and 74:36:13 of the
Administrative Rules of South Dakota to read as follows:

Sec. 52.2170 Identification of plan.

* * * * *
(c) EPA approved regulations.

----------------------------------------------------------------------------------------------------------------
State effective EPA approval date and
State citation Title/subject date citation \1\ Explanations
----------------------------------------------------------------------------------------------------------------
74:36:01 Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01......... Definitions 1/2/2005........... [Insert Federal
74:36:01:01(1)-(76), Register page number
(78) and (79). where the document
begins and date].
74:36:01:02......... Actual emissions defined Repealed--1/2/2005. [Insert Federal
Register page number
where the document
begins and date].
74:36:01:05......... Applicable requirements 1/2/2005........... [Insert Federal
of Clean Air Act Register page number
defined. where the document
begins and date].
74:36:01:07......... Major modification Repealed--1/2/2005. [Insert Federal
defined. Register page number
where the document
begins and date].
74:36:01:09......... Categories of sources 1/2/2005........... [Insert Federal
defined. Register page number
where the document
begins and date].
74:36:01:10......... Modification defined.... 1/2/2005........... [Insert Federal
Register page number
where the document
begins and date].
74:36:01:14......... Reconstruction of Repealed--1/2/2005. [Insert Federal
sources defined. Register page number
where the document
begins and date].
74:36:01:16......... Responsible official 1/2/2005........... [Insert Federal
defined. Register page number
where the document
begins and date].
73:36:01:17......... Significant defined..... Repealed--1/2/2005. [Insert Federal
Register page number
where the document
begins and date].
74:36:01:20......... Physical change or 1/2/2005........... [Insert Federal
change in the method of Register page number
operation. where the document
begins and date].
----------------------------------------------------------------------------------------------------------------
74:36:02 Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
74:36:02:02......... Ambient air quality 1/2/2005........... [Insert Federal
standards. Register page number
where the document
begins and date].
74:36:02:03......... Methods of sampling and 1/2/2005........... [Insert Federal
analysis. Register page number
where the document
begins and date].
74:36:02:04......... Air quality monitoring 1/2/2005........... [Insert Federal
network. Register page number
where the document
begins and date].

[[Page 46408]]

74:36:02:05......... Ambient air monitoring 1/2/2005........... [Insert Federal
requirements. Register page number
where the document
begins and date].
----------------------------------------------------------------------------------------------------------------
74:36:03 Air Quality Episodes
----------------------------------------------------------------------------------------------------------------
74:36:03:01......... Air pollution emergency 1/2/2005........... [Insert Federal
episode. Register page number
where the document
begins and date].
74:36:03:02......... Episode emergency 1/2/2005........... [Insert Federal
contingency plan. Register page number
where the document
begins and date].
----------------------------------------------------------------------------------------------------------------
74:36:04 Operating Permits for Minor Sources
----------------------------------------------------------------------------------------------------------------
74:36:04:03......... Operating permit 1/2/2005........... [Insert Federal Except
exemptions. Register page number 74:36:04:03.01,
where the document Minor permit
begins and date]. variance, not in
SIP.
74:36:04:04......... Standard for issuance of 1/2/2005........... [Insert Federal
operating permit. Register page number
where the document
begins and date].
74:36:04:06......... Timely and complete 1/2/2005........... [Insert Federal
application for Register page number
operating permit where the document
required. begins and date].
----------------------------------------------------------------------------------------------------------------
74:36:06 Regulated Air Pollutant Emissions
----------------------------------------------------------------------------------------------------------------
74:36:06:04......... Particulate emission 1/2/2005........... [Insert Federal
restrictions for Register page number
incinerators and waste where the document
wood burners. begins and date].
74:36:06:06......... Stack performance test.. 1/2/2005........... [Insert Federal
Register page number
where the document
begins and date].
----------------------------------------------------------------------------------------------------------------
74:36:10 New Source Review
----------------------------------------------------------------------------------------------------------------
74:36:10:02......... Definitions............. 1/2/2005........... [Insert Federal
Register page number
where the document
begins and date].
74:36:10:03.01...... New source review 1/2/2005........... [Insert Federal
preconstruction permit Register page number
required. where the document
begins and date].
74:36:10:05......... New source review 1/2/2005........... [Insert Federal
preconstruction permit. Register page number
where the document
begins and date].
74:36:10:07......... Determining credit for 1/2/2005........... [Insert Federal
emission offsets. Register page number
where the document
begins and date].
74:36:10:08......... Projected actual 1/2/2005........... [Insert Federal
emissions. Register page number
where the document
begins and date].
74:36:10:09......... Clean unit test for 1/2/2005........... [Insert Federal
emission units subject Register page number
to lowest achievable where the document
emission rate. begins and date].
74:36:10:10......... Clean unit test for 1/2/2005........... [Insert Federal
emission units Register page number
comparable to lowest where the document
achievable emission begins and date].
rate.
----------------------------------------------------------------------------------------------------------------
74:36:11 Performance Testing
----------------------------------------------------------------------------------------------------------------
74:36:11:01......... Stack performance 1/2/2005........... [Insert Federal
testing or other Register page number
testing methods. where the document
begins and date].
----------------------------------------------------------------------------------------------------------------
74:36:12 Control of Visible Emissions
----------------------------------------------------------------------------------------------------------------
74:36:12:01......... Restrictions on visible 1/2/2005........... [Insert Federal
emissions. Register page number
where the document
begins and date].
74:36:12:03......... Exceptions granted to 1/2/2005........... [Insert Federal
alfalfa pelletizers or Register page number
dehydrators. where the document
begins and date].
----------------------------------------------------------------------------------------------------------------
74:36:13 Continuous Emission Monitoring Systems
----------------------------------------------------------------------------------------------------------------
74:36:13:02......... Minimum performance 1/2/2005........... [Insert Federal
specifications for all Register page number
continuous emission where the document
monitoring systems. begins and date].
74:36:13:03......... Reporting requirements.. 1/2/2005........... [Insert Federal
Register page number
where the document
begins and date].
74:36:13:04......... Notice to department of 1/2/2005........... [Insert Federal
exceedance. Register page number
where the document
begins and date].
74:36:13:06......... Compliance certification 1/2/2005........... [Insert Federal
Register page number
where the document
begins and date].
74:36:13:07......... Credible evidence....... 1/2/2005........... [Insert Federal
Register page number
where the document
begins and date].

[[Page 46409]]

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

* * * * *
[FR Doc. E6-13166 Filed 8-11-06; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

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

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