[Federal Register Volume 65, Number 99 (Monday, May 22, 2000)]
[Rules and Regulations]
[Pages 32033-32035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12522]


-----------------------------------------------------------------------

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 The State also repealed a rule that required stack 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.

[[Page 32034]]

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 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). 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,

[[Page 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:


Sec. 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:


Sec. 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