[Federal Register Volume 71, Number 43 (Monday, March 6, 2006)]
[Rules and Regulations]
[Pages 11162-11163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2013]
[[Page 11162]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[R08-OAR-2005-SD-0002, FRL-8039-1]
Designation of Areas for Air Quality Planning Purposes; State of
South Dakota; Approval of Redesignation Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a September 30, 2005 request from the
designee of the Governor of South Dakota to redesignate the ``Rapid
City Area'' under section 107 of the Clean Air Act (CAA) from
unclassifiable to attainment for PM-10. EPA is approving the
redesignation request because the State has adequately demonstrated
that the ``Rapid City Area'' is in attainment of the PM-10 National
Ambient Air Quality Standards (NAAQS) and has committed to the
continuation of fugitive dust controls that should help ensure that the
area continues to attain the PM-10 NAAQS. The requirements that will
apply in the ``Rapid City Area'' will not change as a result of this
action because, for the purposes of the requirements of the CAA,
unclassifiable and attainment areas are treated the same. This action
is being taken under section 107 of the Clean Air Act.
DATES: This final rule is effective April 5, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. R08-OAR-2005-SD-0002. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Air and Radiation Program, Environmental Protection Agency (EPA),
Region 8, 999 18th Street, Suite 200, 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, MS 8P-AR, Denver, CO 80202, (303) 312-6144,
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Final Action
II. 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.
On December 9, 2005 (70 FR 73183), EPA published a notice of
proposed rulemaking (NPR) for the State of South Dakota. The NPR
proposed approval of a September 30, 2005 request from the designee of
the Governor of South Dakota to redesignate the ``Rapid City Area''
under section 107 of the Clean Air Act (CAA) from unclassifiable to
attainment for PM-10. EPA proposed approving the redesignation request
because the State has adequately demonstrated that the ``Rapid City
Area'' is in attainment of the PM-10 National Ambient Air Quality
Standards (NAAQS) and has committed to the continuation of fugitive
dust controls that should help ensure that the area continues to attain
the PM-10 NAAQS. A discussion of the State's demonstration of
attainment of the PM-10 NAAQS and the fugitive dust control measures is
contained in the December 9, 2005, proposed rulemaking. The
requirements that will apply in the ``Rapid City Area'' will not change
as a result of this action because, for the purposes of the
requirements of the CAA, unclassifiable and attainment areas are
treated the same.
I. Final Action
We received three comments on our December 9, 2005 NPR which
supported the redesignation of Rapid City to attainment of the PM-10
NAAQS. EPA is approving the State of South Dakota's request for
redesignation under section 107 of the CAA from unclassifiable to
attainment for PM-10.
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 a redesignation to attainment and imposes no additional
requirements beyond those imposed by state law. Redesignation of an
area to attainment under section 107 of the Clean Air Act is an action
that affects the attainment status of a geographical area and does not
impose any new regulatory requirements on sources. 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 a redesignation to attainment 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 redesignation
to attainment 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.
Section 12(d) of the National Technology Transfer Advancement Act
[[Page 11163]]
(NTTAA) of 1995, Public Law 104-113, section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impracticable. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. This
action does not involve technical standards. Therefore, EPA did not
consider the use of any VCS. 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 May 5, 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) of the Clean Air
Act.)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: February 10, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.
0
40 CFR part 81 is amended to read as follows:
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.342, the table entitled ``South Dakota-PM-10'' is
amended by revising the entry for ``Rapid City Area'' to read as
follows:
Sec. 81.342 South Dakota.
* * * * *
South Dakota-PM-10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date Type Date Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Rapid City Area......................... 04/05/06 Attainment.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 06-2013 Filed 3-3-06; 8:45 am]
BILLING CODE 6560-50-P