[Federal Register: April 7, 2003 (Volume 68, Number 66)]
[Rules and Regulations]
[Page 16726-16728]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap03-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 61
[SIP NO. SD-001-0013, SD-001-0014, SD-001-0015; FRL-7475-1]
Approval and Promulgation of Air Quality Implementation Plans;
South Dakota
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is partially approving and partially disapproving State
Implementation Plan (SIP) revisions submitted by the State of South
Dakota on May 6, 1999 and June 30, 2000. The revisions modify the
State's air quality rules so they are consistent with federal rules and
clarify existing provisions. EPA is also removing from the SIP or not
approving into the SIP, certain provisions of the State's air quality
rules because they are not related to attainment or maintenance of the
National Ambient Air Quality Standards (NAAQS) and are not appropriate
for inclusion in the SIP. This action is being taken under section 110
of the Clean Air Act.
EFFECTIVE DATE: This final rule is effective May 7, 2003.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the Air
and Radiation Program, Environmental Protection Agency, Region 8, 999
18th Street, Suite 300, Denver, Colorado, 80202 and copies of the
Incorporation by Reference material at the Air and Radiation Docket and
Information Center, U.S. Environmental Protection Agency, Room B-108
(Mail Code 6102T), 1301 Constitution Ave., NW., Washington, DC 20460.
Copies of the State documents relevant to this action are available for
public inspection at the South Dakota Department of Environmental and
Natural Resources, Air Quality Program, Joe Foss Building, 523 East
Capitol, Pierre, South Dakota 57501.
FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA, Region 8, (303)
312-6144.
SUPPLEMENTARY INFORMATION: On January 27, 2003 (68 FR 3848), EPA
published a notice of proposed rulemaking (NPR) for the State of South
Dakota. The NPR proposed partial approval and partial disapproval of
State Implementation Plan (SIP) revisions submitted by the State of
South Dakota on May 6, 1999 and June 30, 2000. The May 6, 1999 and June
30, 2000 submittals revise the State's air quality rules so they are
consistent with federal rules and clarify existing provisions. EPA is
also removing from the SIP or not approving into the SIP, certain
provisions of the State's air quality rules because they are not
related to attainment or maintenance of the National Ambient Air
Quality Standards (NAAQS) and are not appropriate for inclusion in the
SIP.
I. Final Action
Since we received no comments on the January 27, 2003 notice of
proposed rulemaking, we are partially approving and partially
disapproving State Implementation Plan revisions submitted by the State
of South Dakota submitted on May 6, 1999 and June 30, 2000, except for
provisions that we are not acting on, or have acted on previously. The
sections of the rules that we are proposing to approve will replace the
same numbered sections that have been previously approved into the SIP
and are as follows: Sections 74:36:01:01(1) through (79), effective 4/
4/1999; 74:36:01:03, effective 4/4/1999; 74:36:01:05, effective 4/4/
1999; 74:36:01:07, effective 4/4/1999; 74:36:01:08, effective 4/4/1999;
74:36:01:10, effective 4/4/1999; 74:36:01:17, effective 4/4/1999;
74:36:01:20, effective 4/4/1999; 74:36:02:02, effective 6/27/2000;
74:36:02:03, effective 6/27/2000; 74:36:02:04, effective 6/27/2000;
74:36:02:05, effective 6/27/2000; 74:36:04:03, effective 4/4/1999;
74:36:04:09, effective 4/4/1999; 74:36:04:11, effective 4/4/1999;
74:36:04:12, effective 4/4/1999; 74:36:04:12.01, 4/4/1999; 74:36:04:13,
effective 4/4/1999; 74:36:01:14, effective 4/4/1999; 74:36:04:18,
effective 4/4/1999; 74:36:04:19, effective 4/4/1999; 74:36:04:20,
effective 4/4/1999; 74:36:04:20.01, effective 4/4/1999; 74:36:04:20.04,
effective 4/4/1999; 74:36:04:22, effective 4/4/1999; 74:36:06:02,
effective 4/4/1999; 74:36:06:03, effective 4/4/1999; 74:36:06:07,
effective 4/4/1999; 74:36:11:01, effective 6/27/2000;
[[Page 16727]]
74:36:12:01, effective 6/27/2000; 74:36:13:02, effective 6/27/2000;
74:36:13:03, effective 6/27/2000; 74:36:13:04, effective 6/27/2000; and
74:36:13:07, effective 6/27/2000.
We are not acting on the following as SIP revisions because they
are not appropriate to be included in the SIP: sections 74:36:07:06.01;
74:36:07:34-42.01; and 74:36:13:08; and chapters 74:36:05, 74:36:08,
and 74:36:16.
The SIP provisions that we previously acted on are as follows:
74:36:07:06.2, 74:36:07:07.01, 74:36:07:11 (repealed), 74:36:07:43, and
74:36:11:04.
Also, the State made revisions to previously approved 111(d) plans.
Specifically, section 74:36:07:06.01 was updated to incorporate by
reference 40 CFR part 60, as of July 1, 1998 and sections 74:36:07:34-
42:01 were updated to incorporate by reference 40 CFR part 60, as of
July 1, 1999. We are approving these revisions to the 111(d) plans.
We are also approving the removal of chapter 74:36:08 from the SIP
and updating the table in 40 CFR 61.04(c)(8) to indicate that the 40
CFR part 61 NESHAPS are now delegated to the State.
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. We believe the South Dakota SIP revisions that are the subject
of this document will not interfere with any applicable requirement
concerning attainment and reasonable further progress towards
attainment of the NAAQS or any other applicable requirements of the Act
because the State's revisions are as no less stringent than
requirements currently contained in their SIP. Additionally, currently
there are no nonattainment areas in South Dakota.
II. Statutory and Executive Order Reviews
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 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 (65
FR 67249, 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 June 6, 2003. 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
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.
40 CFR Part 61
Air pollution control, Arsenic, Asbestos, Benzene, Beryllium,
Hazardous substances, Mercury, Vinyl chloride.
Dated: March 17, 2003.
Kerrigan G. Clough,
Deputy Regional Administrator, Region 8.
0
40 CFR parts 52 and 61 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart QQ--South Dakota
0
2. Section 52.2170 is amended by adding paragraph (c)(21) to read as
follows:
[[Page 16728]]
Sec. 52.2170 Identification of plan.
* * * * *
(c) * * *
(21) On May 6, 1999 and June 30, 2000, South Dakota submitted
revisions to its Air Pollution Control Program Rules. The sections of
the rule being approved replace the same numbered sections that have
previously been approved into the SIP. The provisions of section
74:36:07, except 74:36:07:29 and 74:36:07:30, which have previously
been incorporated by reference in paragraphs (c)(16)(i)(A) and
(c)(18)(i) of this section, are being removed from the South Dakota
SIP.
(i) Incorporation by reference.
(A) Sections 74:36:01:01(1) through (79), effective 4/4/1999;
74:36:01:03, effective 4/4/1999; 74:36:01:05, effective 4/4/1999;
74:36:01:07, effective 4/4/1999; 74:36:01:08, effective 4/4/1999;
74:36:01:10, effective 4/4/1999; 74:36:01:17, effective 4/4/1999;
74:36:01:20, effective 4/4/1999; 74:36:02:02, effective 6/27/2000;
74:36:02:03, effective 6/27/2000; 74:36:02:04, effective 6/27/2000;
74:36:02:05, effective 6/27/2000; 74:36:04:03, effective 4/4/1999;
74:36:04:09, effective 4/4/1999; 74:36:04:11, effective 4/4/1999;
74:36:04:12, effective 4/4/1999; 74:36:04:12.01, effective 4/4/1999;
74:36:04:13, effective 4/4/1999; 74:36:01:14, effective 4/4/1999;
74:36:04:18, effective 4/4/1999; 74:36:04:19, effective 4/4/1999;
74:36:04:20, effective 4/4/1999; 74:36:04:20.01, effective 4/4/1999;
74:36:04:20.04, effective 4/4/1999; 74:36:04:22, effective 4/4/1999;
74:36:06:02, effective 4/4/1999; 74:36:06:03, effective 4/4/1999;
74:36:06:07, effective 4/4/1999; 74:36:11:01, effective 6/27/2000;
74:36:12:01, effective 6/27/2000; 74:36:13:02, effective 6/27/2000;
74:36:13:03, effective 6/27/2000; 74:36:13:04, effective 6/27/2000; and
74:36:13:07, effective 6/27/2000.
PART 61--[AMENDED]
0
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
2. In Sec. 61.04 the table in paragraph (c)(8) is amended by removing
the footnote 2 designation from the heading for ``SD'.
[FR Doc. 03-8358 Filed 4-4-03; 8:45 am]
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