Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations 32033

* * * * *

[FR Doc. 00–12646 Filed 5–19–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 60

[SD–001–0010 & SD–001–0011; FRL–6603–

1]

Clean Air Act Approval and

Promulgation of State Implementation

Plan; South Dakota; New Source

Performance Standards

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA approves revisions

to the South Dakota State

implementation plan (SIP) which

update the State’s incorporation by

reference of the Federal New Source

Performance Standards (NSPS). The SIP

revisions were submitted by the

designee of the Governor of South

Dakota on May 2, 1997 and on May 6,

1999. The State adopts the Federal

NSPS by reference in subchapter

74:36:07 of the Administrative Rules of

South Dakota (ARSD). The State also

repealed a rule that required stack tests

for asphalt batch plants, aside from the

initial stack test required by the NSPS,

to be performed if certain conditions

existed. EPA approves the revisions to

the ARSD 74:36:07 because the

revisions are consistent with Federal

regulations. This approval action does

not extend to sources in Indian country.

EFFECTIVE DATE: This rule is effective on

June 21, 2000.

ADDRESSES: Copies of the documents

relative to this action are available for

inspection during normal business

hours at the Air and Radiation Program,

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado 80202–2466. Copies of

the State documents relevant to this

action are available for public

inspection at the Air Quality Program,

Department of Environment and Natural

Resources, Joe Foss Building, 523 East

Capitol, Pierre, South Dakota 57501.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Vicki Stamper, EPA Region VIII, (303)

312–6445.

SUPPLEMENTARY INFORMATION:

I. What Action Is EPA Taking Today?

We approve two revisions to the

South Dakota’s NSPS regulations in

subchapter 74:36:07 of the ARSD,

except for those sources located in

Indian country. These revisions were

submitted for approval as part of the SIP

on May 2, 1997 and on May 6, 1999.

The State’s May 2, 1997 and May 6,

1999 SIP submittals included revisions

to other subchapters of the ARSD. We

acted on most of those revisions

submitted on May 2, 1997 in an October

19, 1998 rulemaking (see 63 FR 55804–

55807). In this document, we only act

on the revisions to ARSD 74:36:07. We

will act on the revisions to the other

subchapters of the ARSD included in

these submittals in separate

rulemakings.

EPA proposed to approve these

revisions to South Dakota’s NSPS in

subchapter 74:36:07 of the ARSD in the

September 21, 1999 Federal Register

(see 64 FR 51088–51091), except for

those sources located in Indian country.

In that document, EPA also proposed to

clarify the interpretation of Indian

country in South Dakota. No comments

were submitted on our proposed

approval of South Dakota’s SIP revisions

pertaining to the NSPS. EPA did receive

comments on our proposed clarification

of the interpretation of Indian country

in South Dakota. See Section V. of this

document for further discussion.

II. What Changes Were Made to South

Dakota’s NSPS Regulation?

In South Dakota’s May 2, 1995 SIP

submittal, the State adopted four new

NSPS categories in subchapter 74:36:07

of the ARSD. Specifically, the State

incorporated by reference the following

subparts of the Federal NSPS in 40 CFR

part 60 as in effect on July 1, 1995

unless otherwise stated: subpart Eb

(pertaining to large municipal waste

combustors) as promulgated by EPA on

December 19, 1995 (59 FR 65419–

65436); 40 CFR part 60, subpart RRR

(pertaining to the synthetic organic

chemical manufacturing industry

reactor processes); 40 CFR part 60,

subpart UUU (pertaining to calciners

and dryers in mineral industries); and

40 CFR part 60, subpart WWW

(pertaining to municipal solid waste

(MSW) landfills) as promulgated by EPA

on March 12, 1996 (61 FR 9918–29). The

State also updated its existing NSPS

subparts to incorporate by reference the

July 1, 1995 version of the Federal

NSPS.

In South Dakota’s May 6, 1999 SIP

submittal, the State adopted one new

NSPS subpart in subchapter 74:36:07 of

the ARSD: 40 CFR 60, subpart Ec

(pertaining to hospital/medical/

infectious waste incinerators) as

promulgated by EPA on September 15,

1997 (62 FR 48383–48390). The State

also updated its incorporated by

reference of 40 CFR part 60, subpart Eb

(pertaining to municipal waste

combustors) to reflect the version in

effect as of July 1, 1997, and also

updated its incorporation by reference

of 40 CFR part 60, subpart WWW

(pertaining to MSW landfills) to reflect

the version as revised on June 16, 1998

(63 FR 32750–32753). Last, the State

repealed its additional provisions for

asphalt batch plants in Section

74:36:07:11 of the ARSD. This section

previously required stack tests at

asphalt batch plants, aside from the

initial stack test required by the NSPS,

if certain conditions existed. The State

repealed this section because it was

repetitive with recent changes to the

ARSD. The State still has the ability to

require stack performance tests at any

time to determine compliance with

emission limits.

III. Why Is EPA Approving the South

Dakota Revisions to the NSPS?

EPA approves these revisions to

South Dakota’s NSPS in ARSD 74:36:07

because the revisions ensure that the

State’s NSPS are up to date with the

Federal NSPS.

We also believe the State met EPA’s

completeness criteria, including the

public participation requirements of

sections 110(a)(2) and 110(l) of the

Clean Air Act, for the adoption of these

revisions to ARSD 74:36:07.

Specifically, the State of South Dakota

held a public hearing on November 20,

1996, after providing notice to the

public, for the revisions to the ARSD

submitted to EPA on May 2, 1997. For

the SIP revisions submitted to EPA on

May 6, 1999, the State held a public

hearing on February 18, 1999, after

providing notice to the public.

IV. How Do I Know What NSPS

Subparts Have Been Approved as Part

of the SIP or Delegated by EPA to the

States?

We publish a table in 40 CFR 60.4 for

Region VIII States that identify which

NSPS subparts have been adopted by

the States and delegated and approved

by EPA. In this document, we update

that table to reflect the NSPS subparts

delegated to South Dakota. We are also

updating the address listed for the State

of South Dakota in 40 CFR 60.4.

32034 Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations

V. How Does Today’s Action Affect

Indian Country (18 U.S.C. 1151) in

South Dakota?

South Dakota is not authorized to

carry out its NSPS program in Indian

country, as defined in 18 U.S.C. 1151.

This includes, but is not limited to:

Lands within the exterior boundaries

of the following Indian Reservations

located within the State of South

Dakota:

A. Cheyenne River Indian Reservation,

B. Crow Creek Indian Reservation,

C. Flandreau Indian Reservation,

D. Lower Brule Indian Reservation,

E. Pine Ridge Indian Reservation,

F. Rosebud Indian Reservation,

G. Standing Rock Indian Reservation,

and

H. Yankton Indian Reservation.

EPA held a public hearing on

December 2, 1999, in Badlands National

Park, South Dakota, and accepted public

comments on the question of the

location and extent of Indian country

within the State of South Dakota. EPA

also received written comments on the

question of the location and extent of

Indian country pursuant to our

September 21, 1999 notice of proposed

approval of South Dakota’s NSPS

revisions. In a forthcoming Federal

Register notice, EPA will respond to the

comments that have been received and

more specifically identify Indian

country areas in the State of South

Dakota.

VI. What Final Action on the South

Dakota SIP Submittals Is EPA Taking

Today?

We approve these revisions to South

Dakota’s NSPS in ARSD 74:36:07

because the revisions ensure that the

State’s NSPS are up to date with the

Federal NSPS. However, our approval of

these South Dakota SIP revisions does

not extend to sources located in Indian

Country, as defined in 18 U.S.C. 1151

and as further discussed in Section V.

of this document.

VII. What Are the Administrative

Requirements Associated With This

Action?

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. 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 preexisting 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).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule will

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), because it 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 (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. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. 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. section 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. section 804(2). This

rule will be effective June 21, 2000.

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 July 21, 2000.

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, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

40 CFR Part 60

Air pollution control, Aluminum,

ammonium sulfate plants, Beverages,

Carbon monoxide, Cement industry,

Coal, Copper, Drycleaners, Electric

power plants, Fertilizers, Fluoride,

Gasoline, Glass and glass products,

Grains, 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,

Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations 32035

Urethane, Vinyl, Waste treatment and

disposal, Wool, Zinc.

Dated: May 2, 2000.

Jack W. McGraw,

Acting Regional Administrator, Region 8.

Chapter I, title 40 of the Code of

Federal Regulations 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. Section 52.2170 is amended by

adding paragraph (c)(18) to read as

follows:

§ 52.2170 Identification of plan.

* * * * *

(c) * * *

(18) On May 2, 1997 and on May 6,

1999, the designee of the Governor of

South Dakota submitted revisions to the

new source performance standards in

subchapter 74:36:07 of the

Administrative Rules of South Dakota

(ARSD).

(i) Incorporation by reference.

(A) Revisions to the Administrative

Rules of South Dakota, Air Pollution

Control Program, Chapter 74:36:07—

New Source Performance Standards,

subsections 74:36:07:01 through

74:36:07:10, 74:36:07:12 through

74:36:07:28, 74:36:07:31 through

74:36:07:33, and 74:36:07:43, effective

December 29, 1996.

(B) Revisions to the Administrative

Rules of South Dakota, Air Pollution

Control Program, Chapter 74:36:07—

New Source Performance Standards,

subsections 74:36:07:06.02,

74:36:07:07.01, 74:36:07:11, and

74:36:07:43, effective April 4, 1999.

* * * * *

PART 60—[AMENDED]

1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7401–7601.

Subpart A—General Provisions

2. Section 60.4 is amended by:

a. Revising the address listed for the

State of South Dakota in paragraph

(b)(QQ); and

b. In the table in paragraph (c) entitled

‘‘Delegation Status of New Source

Performance Standards [(NSPS) for

Region VIII]’’ by revising the entries for

‘‘Eb—Large Municipal Waste

Combustors,’’ ‘‘Ec—Hospital/Medical/

Infectious Waste Incinerators,’’ ‘‘UUU—

Calciners and Dryers in Mineral

Industries,’’ and ‘‘WWW—Municipal

Solid Waste Landfills’; and removing

the existing entry for ‘‘RRR—VOC

Emissions from Synthetic Organic

Chemical Manufacturing Industry

(SOCMI) Reactor Process’’and adding a

new entry for ‘‘RRR—VOC Emissions

from Synthetic Organic Chemical

Manufacturing Industry (SOCMI)

Reactor Processes’’ to read as follows:

§ 60.4 Address.

* * * * *

(b) * * *

(QQ) State of South Dakota, Air

Quality Program, Department of

Environment and Natural Resources, Joe

Foss Building, 523 East Capitol, Pierre,

SD 57501–3181.

* * * * *

(c) * * *

DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS

[(NSPS) for Region VIII]

Subpart CO MT 1 ND SD 1 UT 1 WY

*****

Eb—Large Municipal Waste Combustors ................................................ ................ ................ ................ (*) ................ (*)

Ec—Hospital/Medical/Infectious Waste Incinerators ................................ ................ ................ (*) (*) ................ ................

*****

RRR—VOC Emissions from Synthetic Organic Chemical Manufacturing

Industry (SOCMI) Reactor Processes .................................................. (*) ................ (*) (*) (*) (*)

*****

UUU—Calciners and Dryers in Mineral Industries ................................... (*) ................ (*) (*) (*) (*)

******

WWW—Municipal Solid Waste Landfills .................................................. ................ ................ (*) (*) (*) (*)

(*) Indicates approval of State regulation.

1 Indicates approval of New Source Performance Standards as part of the State Implementation Plan (SIP).

[FR Doc. 00–12522 Filed 5–19–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[FRL–6703–3]

RIN 2060–AJ12

Extension of Operating Permits

Program, Interim Approval Expiration

Dates

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This action amends the

operating permits regulations of EPA.

Those regulations were originally

promulgated on July 21, 1992. These

amendments will extend up to

December 1, 2001 all operating permits

program interim approvals. This action

will allow the time needed for

permitting authorities to correct all

remaining interim approval deficiencies

and obtain full approval for their

operating permits programs.

DATES: The regulatory amendments

announced herein take effect on May 31,

2000. For those programs whose interim