[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Rules and Regulations]
[Page 57864-57869]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc07-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-0656; FRL-8479-9]
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 August 8, 2006. The August 8, 2006 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, performance
testing, control of visible emissions, and continuous emission
monitoring systems. The intended effect of this action is to make these
revisions federally enforceable. We are also announcing that on July
19, 2007, 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 December 10, 2007 without further
notice, unless EPA receives adverse comment by November 13, 2007. 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-2007-0656, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail:
dygowski.laurel@epa.gov and ostrand.laurie@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Director, Air and Radiation Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
Hand Delivery: Director, Air and Radiation Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8:00 a.m. to 4:30 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-
2007-0656. 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 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, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. 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, 8P-AR, EPA Region 8,
1595 Wynkoop Street, Denver, CO 80202-1129, (303) 312-6144,
dygowski.laurel@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Summary of SIP Revision
III. Revisions to Delegated Program
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:
[[Page 57865]]
(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 August 8, 2006, the State of South Dakota submitted revisions to
its State Implementation Plan (SIP). The specific revisions to the SIP
contained in the August 8, 2006 submittal are explained below. The
August 8, 2006 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 August 8, 2006
submittal.
A. ARSD 74:36:01--Definitions
The State has revised sections 74:36:01:01(8)(e), (29), and (30),
74:36:01:05(1), and 74:36:01:20(5), (7), and (8) to update the
incorporation of the Code of Federal Regulations (CFR) to the July 1,
2005 CFR and has revised section 74:36:01:01(77) by adding additional
compounds that are included in the definition of ``VOC''.
B. ARSD 74:36:02--Ambient Air Quality
The State has revised sections 74:36:02:02 through 74:36:02:05 to
update the incorporation of the CFR to the July 1, 2005 CFR and has
made minor typographical corrections.
C. ARSD 74:36:03--Air Quality Episodes
The State has revised chapter 74:36:03 to update the incorporation
of the CFR to the July 1, 2005 CFR and has made minor typographical
corrections.
D. ARSD 74:36:04--Operating Permits for Minor Sources
The State has revised section 74:36:04:04 to update the
incorporation of the CFR to the July 1, 2005 CFR and has made minor
typographical corrections.
E. ARSD 74:36:11--Performance Testing
The State has revised section 74:36:11:01 to update the
incorporation of the CFR to the July 1, 2005 CFR.
F. ARSD 74:36:12--Control of Visible Emissions
The State has revised sections 74:36:12:01 and 74:36:12:03 to
update the incorporation of the CFR to the July 1, 2005 CFR.
G. ARSD 74:36:13--Continuous Emission Monitoring Systems
The State has revised sections 74:36:13:02-04, and 74:36:13:06-08
to update the incorporation of the CFR to the July 1, 2005 CFR.
III. Revisions to Delegated Programs
A. ARSD 74:36:07--New Source Performance Standards (NSPS)
The August 8, 2006 submittal by the State updated the effective
date of the incorporated by reference NSPS to July 1, 2005. EPA is
announcing that on July 19, 2007, we updated the delegation of
authority for the implementation and enforcement of the NSPS to the
State. The July 19, 2007 letter of delegation to the State follows:
Ref: 8P-AR
Steven M. Pirner, P.E., Secretary, South Dakota Department of
Environment and Natural Resources, Joe Foss Building, 523 East
Capitol Avenue, Pierre, SD 57501-3182
Dear Mr. Pirner:
On August 8, 2006, the State submitted a revision to the Air
Pollution Control Program for South Dakota. Specifically, South
Dakota Air Pollution Control Program Chapter 74:36:07, New Source
Performance Standards, was revised to update the citation for the
incorporated Federal New Source Performance Standards (NSPS) in 40
CFR part 60 as those in effect on July 1, 2005.
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, 2005.
Note this delegation does not include the emission guidelines in
subparts Cb, Cc, Cd, Ce, BBBB and DDDD, and HHHH. 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. Enclosed with this letter is a list of
examples of sections in 40 CFR part 60 related to the NSPS being
delegated in this letter that cannot be delegated to the State of
South Dakota.
(C) The Department of Environment and Natural Resources (DENR)
and EPA will
[[Page 57866]]
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
August 8, 2006.
(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 part 60.5 and review of plans, as provided for in 40 CFR part
60.6, shall be consistent with those determinations already made and
reviews conducted by the EPA.
(M) Alternatives to continuous monitoring procedures or
reporting requirements, as outlined in 40 CFR part 60.13(i), may be
approved by the State only if the specific NSPS grants that
authority. Otherwise, EPA retains the authority to review and
approve such alternatives.
(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 Callie Videtich, Director of our Air and
Radiation Program, at (303) 312-6434, or toll-free at 1-800-227-
8917.
Sincerely yours,
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 January 31, 2006, 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............................... 60.47Da.
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).
DD............................... 60.302(d)(3).
GG............................... 60.332(a)(4) and 60.335(b)(10)(ii).
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).
[[Page 57867]]
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.
http://WWW.............................. 60.754(a)(5).
CCCC............................. 60.2030(c)(1) through (7).
------------------------------------------------------------------------
IV. Final Action
EPA is approving revisions to the South Dakota SIP submitted by the
State on August 8, 2006. The revisions we are approving are revisions
to ARSD 74:36:01, 73:36:02, 74:36:03, 74:36:04, 74:36:11, 74:36:12, and
74:36:13. We are also announcing that on July 19, 2007, 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 December 10, 2007
without further notice unless the Agency receives adverse comments by
November 13, 2007. 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 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
[[Page 57868]]
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 December 10, 2007. 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: September 14, 2007.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
0
40 CFR part 52 is 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. 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,
74:36:11, 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
State citation Title/subject effective EPA approval date and Explanations
date citation \1\
----------------------------------------------------------------------------------------------------------------
74:36:01 Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01............... Definitions 6/13/2006 [Insert Federal
74:36:01:01(8)(e), Register page number
(29), (30), (77). where the document
begins]; 10/11/2007.
74:36:01:05............... Applicable 6/13/2006 [Insert Federal
Requirements of the Register page number
Clean Air Act where the document
Defined. begins]; 10/11/2007.
74:36:01:20............... Physical change or 6/13/2006 [Insert Federal
change in the method Register page number
of operation. where the document
begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------
74:36:02 Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
74:36:02:02............... Ambient air quality 6/13/2006 [Insert Federal
standards. Register page number
where the document
begins]; 10/11/2007.
74:36:02:03............... Methods of sampling 6/13/2006 [Insert Federal
and analysis. Register page number
where the document
begins]; 10/11/2007.
74:36:02:04............... Air quality 6/13/2006 [Insert Federal
monitoring network. Register page number
where the document
begins]; 10/11/2007.
74:36:02:05............... Ambient air 6/13/2006 [Insert Federal
monitoring Register page number
requirements. where the document
begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------
74:36:03 Air Quality Episodes
----------------------------------------------------------------------------------------------------------------
74:36:03:01............... Air pollution 6/13/2006 [Insert Federal
emergency episode. Register page number
where the document
begins]; 10/11/2007.
74:36:03:02............... Episode emergency 6/13/2006 [Insert Federal
contingency plan. Register page number
where the document
begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------
74:36:04 Operating Permits for Minor Sources
----------------------------------------------------------------------------------------------------------------
74:36:04:04............... Standard for issuance 6/13/2006 [Insert Federal
of operating permit. Register page number
where the document
begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------
74:36:11 Performance Testing
----------------------------------------------------------------------------------------------------------------
74:36:11:01............... Stack performance 6/13/2006 [Insert Federal
testing or other Register page number
testing methods. where the document
begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------
74:36:12 Control of Visible Emissions
----------------------------------------------------------------------------------------------------------------
74:36:12:01............... Restrictions on 6/13/2006 [Insert Federal
visible emissions. Register page number
where the document
begins]; 10/11/2007.
74:36:12:03............... Exceptions granted to 6/13/2006 [Insert Federal
alfalfa pelletizers Register page number
or dehydrators. where the document
begins]; 10/11/2007.
----------------------------------------------------------------------------------------------------------------
[[Page 57869]]
74:36:13 Continuous Emission Monitoring Systems
----------------------------------------------------------------------------------------------------------------
74:36:13:02............... Minimum performance 6/13/2006 [Insert Federal
specifications for Register page number
all continuous where the document
emission monitoring begins]; 10/11/2007.
systems.
74:36:13:03............... Reporting 6/13/2006 [Insert Federal
requirements. Register page number
where the document
begins]; 10/11/2007.
74:36:13:04............... Notice to department 6/13/2006 [Insert Federal
of exceedance. Register page number
where the document
begins]; 10/11/2007.
74:36:13:06............... Compliance 6/13/2006 [Insert Federal
certification. Register page number
where the document
begins]; 10/11/2007.
74:36:13:07............... Credible evidence.... 6/13/2006 [Insert Federal
Register page number
where the document
begins]; 10/11/2007.
74:36:13:08............... Compliance Assurance 6/13/2006 [Insert Federal
Monitoring. Register page number
where the document
begins]; 10/11/2007.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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. E7-19831 Filed 10-10-07; 8:45 am]
BILLING CODE 6560-50-P