[Federal Register Volume 67, Number 176 (Wednesday, September 11, 2002)]
[Rules and Regulations]
[Pages 57520-57521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22976]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 60
[SIP NO. SD-001-0015; FRL-7374-3]
Approval and Promulgation of Air Quality Implementation Plans;
State of South Dakota; New Source Performance Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On June 30, 2000, the State of South Dakota submitted a
request for delegation of the New Source Performance Standards (NSPS)
and requested that the NSPS be removed from the State Implementation
Plan (SIP). On April 2, 2002, EPA delegated to the State of South
Dakota the authority to implement and enforce the NSPS program. Since
the State has been delegated the authority to implement and enforce the
NSPS program, the intended effect of this action is to remove the NSPS
sections from the SIP and also update the NSPS ``Delegation Status of
New Source Performance Standards'' table. These actions are being taken
under sections 110 and 111 of the Clean Air Act. Other parts of the
June 30, 2000 submittal will be acted on in a separate notice.
DATES: This final rule is effective October 11, 2002.
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. 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 July 10, 2002, EPA published a notice of
proposed rulemaking (NPR) for the State of South Dakota. In letters
dated January 25, 2002 and April 2, 2002, EPA delegated to the State of
South Dakota the authority to implement and enforce the NSPS program.
Since the State had been delegated the authority to implement and
enforce the NSPS program, the NPR proposed approval of removing the
NSPS sections from the SIP and updating the NSPS ``Delegation Status of
New Source Performance Standards'' table. The January 25, 2002 and
April 2, 2002 letters of delegation were printed in their entirety in
the July 10, 2002 (67 FR 45684) document.
I. Final Action
Since the EPA received no comments on the July 10, 2002 notice of
proposed rulemaking, EPA is approving the update of the table in 40 CFR
60.4(c), entitled ``Delegation Status of New Source Performance
Standards [(NSPS for Region VIII]'', to indicate the 40 CFR part 60
NSPS that are now delegated to the State of South Dakota.
In addition, EPA is approving the removal of the NSPS from the SIP.
In its January 30, 2000 submittal, the State requested that the NSPS be
removed from the SIP. Since the State has been delegated the authority
for the implementation and enforcement of the NSPS in 40 CFR part 60,
we are proposing to remove the following sections from the South Dakota
SIP: 74:36:07:01, 74:36:07:02, 74:36:07:03, 74:36:07:04, 74:36:07:05,
74:36:07:06, 74:36:07:07, 74:36:07:07.01, 74:36:07:09, 74:36:07:10,
74:36:07:12, 74:36:07:13, 74:36:07:14, 74:36:07:15, 74:36:07:16,
74:36:07:17, 74:36:07:18, 74:36:07:19, 74:36:07:20, 74:36:07:21,
74:36:07:22, 74:36:07:23, 74:36:07:24, 74:36:07:25, 74:36:07:26,
74:36:07:27, 74:36:07:28, 74:36:07:31, 74:36:07:32, 74:36:07:33, and
74:36:07:43. The following sections of Chapter 74:36:07 remain in the
SIP: 74:36:07:08, 74:36:07:11\1\ and 74:36:07:29-30.
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\1\ This rule, however, has been repealed.
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II. Administrative Requirements
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 (Public Law 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
[[Page 57521]]
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 November 12, 2002. 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,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
40 CFR Part 60
Administrative practice and procedure, Air pollution control,
Aluminum, Ammonium sulfate plants, Beverages, Carbon monoxide, Cement
industry, Coal, Copper, Dry cleaners, Electric power plants,
Fertilizers, Fluoride, Gasoline, Glass and glass products, Graphic arts
industry, Household appliances, Insulation, Intergovernmental
relations, Iron, Lead, Lime, Metallic and nonmetallic mineral
processing plants, Metals, Motor vehicles, Natural gas, Nitric acid
plants, Nitrogen dioxide, Paper and paper products industry,
Particulate matter, Paving and roofing materials, Petroleum, Phosphate,
Plastics materials and synthetics, Reporting and recordkeeping
requirements, Sewage disposal, Steel, Sulfur oxides, Tires, Urethane,
Vinyl, Waste treatment and disposal, Zinc.
Dated: August 27, 2002.
Jack W. McGraw,
Acting Regional Administrator, Region 8.
40 CFR part 52, of chapter I, title 40 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. A new Sec. 52.2185 is added to read as follows:
Sec. 52.2185 Change to approved plan.
South Dakota Air Pollution Control Program Chapter 74:36:07, New
Source Performance Standards, is removed from the approved plan, except
for sections 74:36:07:08, 74:36:07:11 and 74:36:07:29-30. On April 2,
2002, we issued a letter delegating responsibility for all sources
located, or to be located, in the State of South Dakota subject to the
specified NSPS in 40 CFR part 60. See the table in 40 CFR 60.4 for the
delegation status of NSPS to the State of South Dakota.
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601 as amended
by the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat.
2399 (November 15, 1990; 402, 409, 415 of the Clean Air Act as
amended, 104 Stat. 2399, unless otherwise noted).
Subpart A--General Provisions
2. Section 60.4 is amended by revising the column heading for
``SD'' in the table entitled ``Delegation Status of New Source
Performance Standards [(NSPS) for Region VIII]'' in paragraph (c) to
read as follows:
Sec. 60.4 Address.
* * * * *
(c) * * *
Delegation Status of New Source Performance Standards
[(NSPS) for Region VIII]
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Subpart CO MT ND SD UT \1\ WY
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* * * * * * *
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* Indicates approval of State regulation.
\1\ Indicates approval of State Regulation as part of the State Implementation Plan (SIP).
[FR Doc. 02-22976 Filed 9-10-02; 8:45 am]
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