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[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36419-36428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14031]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0241; FRL-9912-24-Region 8]

Partial Approval and Partial Disapproval and Promulgation of Air 
Quality Implementation Plans; South Dakota; Revisions to South Dakota 
Administrative Code; Permit: New and Modified Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to partially approve and partially disapprove State 
Implementation Plan (SIP) revisions submitted by the State of South 
Dakota on June 14, 2010, June 20, 2011, and July 29, 2013. All three 
SIP submittals revise the portion of the Administrative Rules of South 
Dakota (ARSD) that pertain to the issuance of South Dakota air quality 
permits. In addition, the June 14, 2010 submittal revises certain 
definitions and dates of incorporation by reference. The June 14, 2010 
submittal contains new, amended and renumbered rules; the June 20, 2011 
submittal contains new rules; and the July 29, 2013 submittal contains 
amended rules. In this rulemaking, we are taking final action on all 
portions of the June 14, 2010 submittal, except for those portions of 
the submittal which do not belong in the SIP. We are also taking final 
action on portions of the June 20, 2011 submittal that were not acted 
on in our April 18, 2014 rulemaking regarding greenhouse gases and the 
State's Prevention of Significant Deterioration (PSD) program. We are 
taking final action on portions of the July 29, 2013 submittal that 
supersede portions of the two previous submittals; the remainder of the 
July 29, 2013 submittal will be acted on at a later date. This action 
is being taken under section 110 of the Clean Air Act (CAA).

DATES: This final rule is effective July 28, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2014-0241. All documents in the docket are listed in 
the 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 www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street 
Denver, Colorado 80202-1129. EPA requests 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, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, (303) 312-6227, or leone.kevin@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Response to Comments
III. Basis for our Final Action
IV. Final Action
V. Statutory and Executive Orders Review

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 initials ARSD mean or refer to the Administrative Rules of 
South Dakota.
    (iii) The initials DENR mean the Department of Environment and 
Natural Resources.
    (iv) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (v) The words minor NSR mean NSR established under section 
110(a)(2)(C) of the Act and 40 CFR 51.160 through 51.164.
    (vi) The initials NAAQS mean or refer to National Ambient Air 
Quality Standards.
    (vii) The initials NSR mean new source review, a phrase intended to 
encompass the stationary source regulatory programs that regulate the 
construction and modification of stationary sources as provided under 
CAA section 110(a)(2)(C), CAA Title I, parts C and D, and 40 CFR 51.160 
through 51.166.
    (viii) The initials PSD mean or refer to Prevention of Significant 
Deterioration.
    (ix) The initials SIP mean or refer to State Implementation Plan.
    (x) The words State or South Dakota mean the State of South Dakota, 
unless the context indicates otherwise.

[[Page 36420]]

I. Background

    The CAA (section 110(a)(2)(C)), 40 CFR 51.160, and the other 
statutory and regulatory provisions discussed in this final notice, 
require states to have legally enforceable procedures in their SIPs to 
prevent construction or modification of a source if it would violate 
any SIP control strategies or interfere with attainment or maintenance 
of the national ambient air quality standards (NAAQS). Such minor new 
source review (NSR) programs are for pollutants from stationary sources 
that do not require PSD or nonattainment NSR permits. A state may 
customize the requirements of its minor NSR program as long as the 
program meets the minimum statutory and regulatory requirements.
    On June 14, 2010, South Dakota submitted revisions to its minor 
source NSR program. The June 14, 2010 submittal included: (1) Revisions 
to the definitions associated with the Air Pollution Control Program to 
ensure the definitions are current and consistent with other chapters 
in the regulations. These revisions include: grammatical changes, 
renumbering, modified definitions, new definitions and deleted 
definitions; (2) Revisions to the date of federal regulations 
referenced throughout ARSD Article 74:36; (3) Addition of a 
construction permit program for new minor sources and minor 
modifications to existing sources, created by adding new Chapter 
74:36:20 (Construction Permits for New Sources or Modifications); and 
(4) Revisions to the minor source operating permit programs to 
incorporate the changes associated with the new proposed construction 
permit program.
    In South Dakota's regulations in ARSD Article 74:36 that are 
currently approved into the SIP, the minor source construction permit 
and operating permit programs are combined so, in practice, a source 
receives one permit from the State which serves as both a construction 
and operating permit.\1\ The revisions in the June 14, 2010 submittal 
separate the two programs into a new minor source construction permit 
program and a minor source operating permit program. Under the new 
revisions, a source would first apply for a construction permit before 
applying for an operating permit. A cross-walk table, which discusses 
the rule revisions in Article 74:36 individually, and the action we are 
proposing, is included in the docket for this rulemaking.
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    \1\ For major sources and major modifications, the State already 
has two SIP-approved construction permit programs (PSD and 
nonattainment NSR) and, separately for major sources, a title V 
operating permit program that has been approved through the title V 
(not the SIP) process.
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    South Dakota's June 14, 2010 submittal also contains rule revisions 
that are not included in SIPs. These rules, which we are not taking 
action on here (i.e., New Source Performance Standards, operating 
permits for part 70 sources, etc.), are outlined in the cross-walk 
table located in the docket for this rulemaking.
    South Dakota's June 20, 2011, submittal includes the following rule 
revisions: (1) Revises Sections 74:36:01:01, 74:36:01:08, 74:36:01:15 
and 74:36:09:02 related to regulation of greenhouse gases (revisions to 
Sections 74:36:01:08, 74:36:01:15 and 74:36:09:02 to comply with EPA's 
Greenhouse Gas Tailoring Rule were previously acted on); \2\ EPA is 
taking final action on 74:36:01:01 in this rulemaking); (2) Revises 
Chapter 74:36:20 by revising Section 74:36:20:02 (Construction Permits 
Required); and (3) Adds new Section 74:36:20:02.01 (Initiating 
Construction Prior to Permit Issuance). Section 74:36:20:02.01 allows 
sources who meet certain conditions to start construction prior to 
receiving a permit provided they meet the requirements in that section. 
EPA is taking final action on 74:36:20:02 and 74:36:20:02.01 in this 
rulemaking.\3\
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    \2\ On February 11, 2014 (79 FR 8130) EPA proposed action on 
these provisions. EPA finalized its action on April 18, 2014 (79 FR 
21852).
    \3\ Under a consent decree, by May 30, 2014, EPA is required to 
sign a notice of final action to approve, disapprove, approve in 
part and disapprove in part, or conditionally approve this June 20, 
2011 SIP submittal. WildEarth Guardians v. EPA, Civil Action No. 
1:12-cv-03307 (D. Colo.).
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    With respect to South Dakota's July 29, 2013 submittal, we are only 
taking final action on the following revisions: (1) The removal of 
section 74:36:04:03.01 (Minor Source Operating Permit Variance); and 
(2) Revisions to section 74:36:10 (New Source Review).
    In our April 16, 2014 proposed action (79 FR 21424), we proposed 
to: (1) Approve 74:36:01:01 (Definitions); 74:36:02 (Ambient Air 
Quality); 74:36:03 (Air Quality Episodes); 74:36:04 (Operating Permits 
for Minor Sources); 74:36:10 (New Source Review); 74:36:11 (Performance 
Testing); 74:36:12 (Control of Visible Emissions); 74:36:13 (Continuous 
Emissions Monitoring); 74:36:18 (Regulations for State Facilities in 
the Rapid City Area); and 74:36:20 (Construction Permits for New 
Sources or Modifications); 74:36:01:01(73) (Subject to Regulation); the 
deletion of 74:36:04:03.01 (Minor Source Operating Permit Variance); 
(2) Disapprove 74:36:20:02.01 (Initiating Construction Prior to Permit 
Issuance); the phrase: ``unless it meets the requirements in 
74:36:20:02.01'' in 74:36:04:20:02 (Construction Permit Required); (3) 
Not take action on 74:36:05 (Operating Permits for Part 70 Sources); 
74:36:07 (New Source Performance Standards); 74:36:08 (National 
Emission Standards for Hazardous Air Pollutants); 74:36:09 (Prevention 
of Significant Deterioration); 74:36:16 (Acid Rain Program); and 
74:36:19 (Mercury Budget Trading Program).
    We provided a detailed explanation of the bases for our proposal. 
See 79 FR 21426-21429. We invited comment on all aspects of our 
proposal and provided a 30-day comment period. The comment period ended 
on May 16, 2014.
    In this action, we are responding to the comments we received and 
taking final rulemaking action on the rules from the State's June 14, 
2010, June 20, 2011, and July 29, 2013 submittals.

II. Response to Comments

    In response to our April 16, 2014 proposed rulemaking, we received 
comments from Department of Environment and Natural Resources (DENR) 
Secretary Steven M. Pirner on behalf of the State of South Dakota. In 
this section, we summarize these comments and provide our responses.
    Comment: The comments explain that DENR submitted a draft copy of 
ARSD 74:36:20:02.01 in December 2010 to EPA for informal comments prior 
to beginning the State's formal rule making process; and that EPA 
provided preliminary comments back to DENR via email on January 11, 
2011. DENR's comments on our proposal suggest that DENR notified EPA 
that those preliminary concerns were addressed in ARSD 
74:36:20:02.01(1), 74:36:20:02.01(2) and 74:36:20:02.01(6). DENR's 
comments further explain that it believed EPA's concerns were addressed 
at that time, since EPA did not provide the same comment during the 
public notice phase of the rule making.
    Response: EPA disagrees with this comment. While we aim to provide 
comments before and during a state's rule making process, the CAA 
neither requires that EPA comment on proposed SIP rules, nor does it 
preclude EPA from carrying out its statutory duty to disapprove an 
inadequate SIP if EPA does not provide comments to a state. The notion 
that EPA's silence suggests a SIP is approvable--simply because EPA did 
not comment during the State's formal rule making process--has no 
support in the Act, it is contrary to the purposes of the Act and EPA's 
express obligation to approve only SIP submittals that meet the 
requirements of

[[Page 36421]]

the Act, as explained elsewhere in this final action. Moreover, nothing 
in EPA's preliminary comments suggested that the State's draft rules 
would be approvable if the State were to make the suggested changes.\4\
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    \4\ Email from Laurel Dygowski, South Dakota SIP Program 
Manager, EPA Region 8 Air Program, to Brian Gustafson, South Dakota 
(January 11, 2011).
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    DENR comments indicate that it provided notification to us that our 
preliminary concerns were addressed by provisions in ARSD 
74:36:20:02.01(1), 74:36:20:02.01(2) and 74:36:20:02.01(6). The comment 
does not cite to a particular communication from the State. Therefore, 
we are unclear what notification DENR is referring to. We are aware of 
one email from the State regarding this topic; \5\ however, that email 
summarizes other provisions in the State rules.
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    \5\ Email from Kyrk Rombough, Natural Resource Engineering 
Director DENR Air Quality Program, to Kevin Leone, Environmental 
Scientist, EPA Region 8 Air Program (January 18, 2011).
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    Comment: DENR provided an analysis of the public comments received 
on the State's proposed rule, and disagreed with ``EPA's implication 
that all public commenters were concerned about allowing construction 
prior to receiving a construction permit.''
    Response: We disagree with the assertions in this comment. The 
comment does not cite to specific language in the proposed notice; 
however, we assume the commenter is referring to Footnote 5 in our 
proposed rulemaking where we stated: ``[t]he State also received public 
comments from 13 individuals on this issue and related concerns.'' 79 
FR 21428. EPA did not intend to interpret the meaning or intent of the 
public comments on the State's proposed rule, but simply included this 
footnote to point out that the State received adverse comments during 
its rulemaking process that expressed concerns regarding the State's 
proposed rules.
    Comment: DENR suggests that EPA is being arbitrary and capricious 
in enforcing the language in 40 CFR 51.161 for public participation in 
minor NSR permitting programs. DENR indicates that there are ``EPA 
approved state implementation plans that have been in place for many 
years which do not require a 30-day public notice for any non-PSD 
construction permits,'' and provides as an example ``Iowa's state 
implementation plan which is South Dakota's neighbor and competitor for 
economic development projects.'' The comment states that ``EPA cannot 
give one state an advantage over another in economic development by 
requiring inconsistent mandates to SIPs.'' DENR's comment suggests that 
even if EPA's argument had validity, DENR is required by its 
regulations to notice the construction permit ``before the applicant 
can operate any equipment which emits air pollutants into the air.''
    Response: EPA disagrees with this comment. We apply applicable CAA 
provisions and EPA regulations to determine the approvability of the 
SIP. As we explained in our proposed notice, EPA regulations ``require 
a minimum 30-day period for public comment on the information submitted 
by the owner or operator prior to construction.'' 79 FR 21428. These 
regulations explicitly mandate that state SIP minor permitting 
regulations ``include the opportunity for public comment on information 
submitted by owners and operators.'' 40 CFR 51.160, 51.161(a). The 
regulations further require that the information available to the 
public ``must include the agency's analysis of the effect of 
construction or modification on ambient air quality, including the 
agency's proposed approval or disapproval.'' EPA's regulations specify 
that state SIP permitting procedures ``shall include, as a minimum . . 
. a 30-day period for submittal of public comment.'' These public 
participation requirements apply to ``construction or modification'' 
\6\ of a ``facility, building, structure or installation.'' \7\ 
Finally, the regulations require that public notice be sent to the EPA 
Regional Office and to all other state and local air pollution control 
agencies having jurisdiction in the region in which the new or modified 
source ``will be located.'' 40 CFR 51.161(d).
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    \6\ 40 CFR 51.160(a).
    \7\ Id.
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    The State rule allows owners and operators to ``initiate 
construction prior to issuance of the construction permit,'' ARSD 
74:36:20:02.01, and public notice is provided after construction. 
DENR's comment notes that notice of the construction permit is provided 
``before the applicant can operate any equipment.'' Providing an 
opportunity for public comment before the applicant can operate the 
equipment does not meet the requirements in 40 CFR 51.161, as the State 
rules fail to provide the opportunity for comment prior to construction 
and therefore are inconsistent with EPA regulations. They also fail to 
provide either the public or EPA and local permitting authorities 
either notice or an opportunity to comment on where the facility ``will 
be located.'' Moreover, DENR's comment lacks any analysis of how the 
State rule, which provides for public participation after construction, 
is consistent with the regulatory requirements.
    The comment suggests, but provides no evidence that, EPA's 
disapproval of this rule would give another state an advantage over 
South Dakota's economic development. Neither the CAA nor EPA's 
implementing regulations contain any specific requirement that we take 
economic development into account in determining the approvability of 
SIP amendments. While we are not required to consider economic 
development impacts, the State's comments provide no details regarding 
economic development impacts for us to consider. Additionally, DENR's 
SIP rules have contained the 30-day public comment period minor source 
permits for many years.\8\ While the DENR's comments indicate that it 
has been implementing new rule ARSD 74:36:20:01.01 for approximately 
three years,\9\ it provides no information regarding impacts to 
economic development in the State prior to implementation of the new 
program.
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    \8\ For example, EPA approved 74:36:04:12 (Public Participation 
in Permitting Process) on April 7, 2003. [68 FR 16726.]
    \9\ Normally, a state should generally not be implementing a SIP 
revision prior to EPA approval, when the revision is a relaxation of 
the existing SIP. General Motors Corp. v. United States, 496 U.S. 
530, at 540 (``There can be little or no doubt that the existing SIP 
remains the `applicable implementation plan' even after the State 
has submitted a proposed revision''). EPA reviews SIP revisions for 
compliance with the Act and regulations.
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    Finally, the comments suggest there are other state SIPs where EPA 
has approved less than the 30-day public comment period, and mentions 
Iowa, without, however, providing either citations to any relevant Iowa 
regulations or references to prior EPA interpretations. Therefore, we 
do not know what the comment refers to. To the extent EPA may have 
approved provisions in other SIPs that allow for less than the 30-day 
public comment period, as we explained in the proposed notice and this 
final action, our current interpretation of 40 CFR 51.161 is that it 
requires that state SIPs include a minimum of a 30-day period for 
submittal of public comments on proposed minor source permits.
    Comment: DENR asserted that the CAA (Section 110(a)(2)(C)) and the 
federal regulations (40 CFR 51.160(a) and (b)) ``do not state a 
construction permit must be issued prior to construction activities 
beginning.'' For support of this assertion, DENR references EPA's 
preliminary comments

[[Page 36422]]

on the proposed rules,\10\ as well as EPA's mention in the proposed 
notice of prior approval of such programs.\11\
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    \10\ The comments reference the following from EPA's preliminary 
comments, ``[i]t should be noted that EPA's regulations at 40 CFR 
51.160 do not require the issuance of a permit for the construction 
of modification of minor sources, but only that the SIP include a 
procedure to prevent the construction of a source or modification 
that would violate the SIP control strategy or interfere with 
attainment or maintenance of the NAAQS.'' Email from Laurel 
Dygowski, South Dakota SIP Program Manager, EPA Region 8 Air 
Program, to Brian Gustafson, South Dakota (January 11, 2011). EPA's 
regulations do not explicitly require that a state's minor source 
program provide approval of construction through the specific 
mechanism of a permit, so long as there is some preconstruction 
approval process that meets the requirements of 40 CFR 51.160-161.
    \11\ The comments do not refer to a particular quotation from 
the proposed rule; however, we assume the commenter is referring to 
the following: ``[w]e acknowledge that EPA may have approved some 
state minor source programs with approaches/requirements similar to 
those proposed by South Dakota, which may warrant EPA evaluation in 
the future.'' 79 FR 21428. Our current interpretation of the CAA and 
regulatory requirements are as explained in this action.
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    Response: We disagree with this comment. The CAA contains 
provisions for the preconstruction review and approval of new and 
modified sources of air pollution, which are generally implemented by a 
state through a permitting program as part of an approved SIP, or in 
some cases by EPA. For minor sources, which are those sources that have 
the potential to emit below major source thresholds of the PSD and 
nonattainment NSR program, the CAA has specific requirements. Under CAA 
section 110(a)(2)(C), the state's SIP must provide for ``the regulation 
of the modification and construction of any stationary source . . . as 
necessary to ensure that national ambient air quality standards are 
achieved.'' \12\ Therefore, all SIPs must contain minor source 
preconstruction approval programs. The CAA contains separate and 
distinct requirements for operating permits, which we are not reviewing 
in this action.
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    \12\ The Act defines ``construction'' when used on connection 
with any source or facility, to include ``modification,'' which 
``means any physical change in, or change in the method of operation 
of, a stationary source which increases the amount of any air 
pollutant emitted by such source or which results in the emission of 
any air pollutant not previously emitted. CAA sections 111(a)(4), 
169(2)(C).
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    EPA's implementing regulations specify the requirements for minor 
NSR programs, and the relevant provisions are discussed here. 40 CFR 
51.160-51.164. Each state SIP must set forth legally enforceable 
procedures which will allow the state to determine whether the 
construction or modification of a minor source, or a ``minor 
modification'' of an existing source, ``will'' (1) result in a 
violation of applicable portions of the State's control strategy, or 
(2) interfere with attainment of maintenance of any NAAQS in the State 
or in a neighboring state. 40 CFR 51.160(a). The SIP must also include 
the means by which a state can ``prevent'' construction that ``will 
interfere with the attainment or maintenance of a national standard.'' 
40 CFR 51.160(b). Therefore, SIPs must require that owners or operators 
of source that are subject to minor NSR submit information to the state 
so the state can determine if the construction or modification of the 
source will result in a violation of the control strategy or interfere 
with attainment of maintenance of the NAAQS. 40 CFR 51.160(b). SIPs 
must also contain, among other elements, a ``control strategy,'' which 
is a combination of measures (including emission limitations and 
measures that apply to stationary sources) designed to achieve the 
reduction of emission necessary for attainment and maintenance of the 
NAAQS. 40 CFR 51.100(n). Therefore, there are minimum statutory and 
regulatory requirements that apply to minor source permit programs, 
adherence to which is determined under the CAA by EPA. CAA section 110.
    Under the current, federally-approved South Dakota SIP, minor 
sources are subject to the State's permitting requirements and must 
receive authorization to proceed with the construction or modification 
in accordance with the SIP, [ARSD 74:36:04:02], unless they meet 
exemption requirements in ARSD 74:36:04:03.
    Under the State's proposed program that allows for initiating 
construction prior to issuance, the owner or operator may begin 
construction or modification if they meet two basic requirements: (1) 
Submit a permit application to the department; and (2) notify the 
department that they intend to initiate construction. ARSD 
74:36:20:01.01(1), (2). Once these two requirements are met, the owner 
or operator may begin and complete construction or modification of true 
minor sources. ARSD 74:36:20:01.01(3), (4). The proposed rules do not 
require State review of the proposed construction or modification 
before the construction of modification occurs. The State rules also do 
not provide for the State to affirmatively approve the proposed 
modification or construction before it commences or before completion 
of the construction or modification. While there are provisions in the 
rule that cover activities after construction and modification,\13\ 
there is no State administrative approval or review of any kind prior 
to construction activities. The State receives notice from the owner or 
operator before construction starts; however, there are no provisions 
in the rule that specify any action the State is to take regarding that 
notice or any mechanism to ensure preconstruction review and approval. 
Therefore, neither the State, public, nor EPA can determine whether the 
project will be in compliance with the CAA and implementing regulations 
before construction is initiated and completed.
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    \13\ The proposed SIP rule provides that: The owner or operator 
assume liability for construction (ARSD 74:36:20:02.01(5)); the 
owner or operator may not operate the equipment and emit air 
pollutants prior to receiving a construction permit (ARSD 
74:36:20:02.01(5)); if the department demonstrates that the 
construction or modification will interfere with the attainment or 
maintenance of the NAAQS or increment, the owner or operator must 
cease construction (ARSD 74:36:20:02.01(6)); and (4) the owner or 
operator will be required to make any changes to the new source or 
modification of an existing source that may be imposed in the 
construction permit (ARSD 74:36:20:02.01(7)).
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    The State rules allow construction to proceed, and provide for 
review of the construction while it is underway (or after the 
construction is complete). As discussed above, we interpret the CAA and 
implementing regulations to require regulation and approval of 
construction of any stationary source before the construction occurs, 
not as proposed by the State, review and approval construction in 
process or after it has occurred. While we have not interpreted the CAA 
and regulations to require that states implement the SIP requirement 
for a minor source program through the mechanism of a permitting 
program, we have required that SIPs include some mechanism for 
preconstruction review and approval of proposed minor sources before 
the activities commence. Such review and approval is necessary to 
determine whether the proposed construction or modification will 
violate a control strategy or interfere with attainment or maintenance 
of the NAAQS and to ``prevent such construction or modification'' that 
will do so as required by 51.160(a) and (b).\14\ The proposed rules 
provide for State approval before the owner or operator begins 
operating the source and emitting pollutants but provide no mechanism 
to evaluate or prevent proposed

[[Page 36423]]

construction. Therefore, the proposed changes to the SIP are incomplete 
as they lack the ``legally enforceable procedures that enable'' the 
State to make the necessary determination and ensure that the State 
``will prevent such construction'' if the source ``will'' violate the 
control strategy or interfere with NAAQS attainment. Finally, the 
commenter appears to imply that our preliminary comments to the State 
are controlling or binding on our final action. As explained above, 
while we aim, and often do, provide comments early and throughout a 
state's rulemaking process, those comments are not final agency 
actions. There is nothing in the Act that requires such comments, much 
less that makes them binding on EPA such as to require that EPA approve 
a SIP that does not meet regulatory requirements. To the contrary, 
Congress entrusted with EPA an oversight role to ensure the 
requirements of the Act are met. Moreover, nothing in EPA's preliminary 
comments suggested that the State's draft rules would be approvable if 
the State were to make the suggested changes.
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    \14\ We would note, however, to a substantial degree, it is the 
permit process itself, embodied in South Dakota's current SIP 
regulations, that provides the vehicle to identify and make 
enforceable specific measures necessary to protect the NAAQS. As 
explained in the notice, it is the lack of such authority for the 
State to review and approve the modification or construction that is 
fatal to the proposed revisions.
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    Comment: DENR also takes exception to EPA's implication that DENR's 
decision to approve or deny a permit would be influenced by a facility 
that has been built (the ``equity in the ground'' issue) and could 
potentially cause a violation of a NAAQS. The comments also note EPA's 
concerns expressed in the proposal regarding fundamental design issues 
that cannot be overcome should the State seek modifications to protect 
the NAAQS. DENR explains that: (1) The State rules require the owner or 
operator to assume these risks and make required changes before 
operation; (2) the State ``has taken enforcement action when necessary 
on facilities that have violated their permits and/or that began 
construction and operation prior to obtaining the appropriate 
permits;'' (3) since the State established its initial SIP in the 
1970's ``the construction and operation of a true minor source has not 
caused or interfered with attaining or maintaining a National Ambient 
Air Quality Standard;'' and (4) if DENR believes a NAAQS would be 
violated, ``DENR would prevent a source from operating until 
appropriate changes were made to protect'' the NAAQS.
    Response: EPA agrees in part with this comment. First, we 
acknowledge that there are some safeguards in the proposed rule; 
however, we remain concerned that there is no mechanism for either the 
public or local regulatory authorities with jurisdiction to comment on 
where ``the source will be located.'' And leaving aside the lack of 
regulatory and public input into siting decisions, after a source has 
been constructed there may remain fundamental design issues that cannot 
be overcome by the provisions in the proposed rules. Second, the 
comment indicates that the State has taken enforcement action where 
necessary; however, it provides no details regarding such actions. 
Third, the comment suggests that true minor sources have not caused or 
interfered with attaining or maintaining the NAAQS, but provides no 
evidence to support this statement and does not address the legal 
requirement for legally enforceable procedures to ``prevent'' 
construction of a source that ``will'' have such effects. Finally, the 
comments indicate that if DENR believes enforcement were necessary, it 
would prevent the source from ``operating.'' The comment does not 
include a reference to what authority the DENR would use for such 
enforcement. Moreover, the comment asserts that the State has authority 
to prevent source operation but does not attempt to assert that the 
program authorizes the state to ``prevent such construction'' as may 
violate the control strategy or interfere with attainment. EPA 
acknowledges that 74:36:20:02.01 (Initiating construction prior to 
permit issuance) has some safeguards in place; however, the rules fall 
short of meeting the requirements of the CAA and implementing 
regulations.
    Comment: DENR indicates it ``believes it has provided enough 
provisions in allowing construction prior to DENR completing its 
analysis (i.e., statement of basis) of the project and issuing a 
construction permit after a 30-day public comment period to protect'' 
both the State's control strategy and the NAAQS. DENR explains this is 
demonstrated by approximately three years of program implementation. 
DENR also explains that the State is in full attainment with all the 
NAAQS.
    Response: EPA disagrees with this comment because the final rule, 
as adopted by the State, allows no review or comment on siting 
decisions and does not require any type of administrative approval from 
the State prior to allowing unpermitted ``construction'' activities. 
Therefore, neither the State, public, nor EPA can evaluate siting 
decisions or determine whether the project ``will'' be in compliance 
with the CAA and implementing regulations before construction occurs. 
Regardless of South Dakota's current attainment status of the NAAQS, 
74:36:20:02.01 does not meet the minimum requirements as outlined in 
the beginning of Section II of this rulemaking.
    The fact that South Dakota has implemented the proposed changes to 
the SIP before EPA's final action, is not, as the comment appears to 
suggest, a basis for EPA approval. Under CAA section 116, a state may 
not implement any emission limitation or any control or abatement 
requirement that is less stringent than the applicable, approved SIP. 
The current SIP requires that sources obtain a permit from the State 
prior to construction. The proposed SIP revisions are less stringent 
than the existing SIP because they allow sources to construct without 
obtaining a permit prior to construction. Therefore, proposed SIP 
revisions violate CAA section 116 by exempting sources from the 
existing SIP requirement to obtain a permit before beginning 
construction.
    Furthermore, as we explained in our proposal, Section 110(i) of the 
CAA specifically precludes states from changing requirements of the SIP 
except through SIP revisions approved by EPA. SIP revisions will be 
approved by EPA only if they meet all requirements of the Act and the 
implementing regulations. The CAA gives EPA both the authority and the 
obligation to review a proposed program's compliance with the Act and 
applicable regulations and to disapprove regulations that do not meet 
legal requirements. Therefore, a state's implementation of proposed SIP 
amendments prior to EPA approval, does not limit EPA's authority to 
take final rulemaking action to disapprove SIP provisions that the 
state has been implementing without SIP approval.
    Finally, the commenter suggests the permit rules preventing sources 
from operating protect the State's control strategy and the NAAQS, and 
points to the State's attainment status for all the NAAQS. However, the 
commenter provides nothing further in its comments in the way of 
rationale and data to show that allowing unpermitted construction will 
ensure the State's continuing and future attainment status. CAA section 
110(l) requires a demonstration that a SIP revision does not interfere 
with any requirement concerning attainment and maintenance of the NAAQs 
and that any relaxation is sufficiently protective of air quality and 
other CAA requirements in order for EPA to approve. The fact that the 
SIP submittal and the comments lack a demonstration (e.g., air quality 
monitoring data and trends, projected minor source participation and 
impacts, and emission inventory data and trends) to show that the minor 
source permitting rule revisions are not likely to interfere with NAAQS 
or the State's SIP control strategy provides further evidence that the 
SIP is not approvable.

[[Page 36424]]

Without a demonstration from the State that shows the minor sources 
that are subject to this program will not impact attainment and 
maintenance, we have no information to determine the significance of 
the proposed rule and whether the sources will impact the NAAQS. Minor 
sources, either individually or collectively, may impact attainment. 
Finally, even if we assume the substitution of the new program for the 
prior minor source permit program were allowed under section 110(l), 
the State has provided no demonstration to show the new rules achieve 
the same results as the existing rules for these sources. Therefore, we 
lack information and a basis to approve these amendments to the SIP 
under section 110(1).

III. Basis for Our Final Action

    We have fully considered the comments we received, and have 
concluded that no changes from our proposed rule are warranted. As 
discussed in our proposal and this rule, our action is based on an 
evaluation of South Dakota's rules against the requirements of CAA 
sections 110(a)(2)(C), 110(i), 110(l), 116, our minor source NSR 
regulations at 40 CFR 51.160-51.164, and other requirements discussed 
in section II of this action.
    Section 110(a)(2)(C) of the Act contains the requirements for 
preconstruction review programs for minor sources and requires that 
each SIP include a program to regulate the construction and 
modification of stationary sources as necessary to assure that the 
NAAQS are achieved.
    EPA's minor source implementing regulations are in 40 CFR 51.160-
51.164. The regulations require that a SIP include ``legally 
enforceable procedures that enable'' the permitting agency to determine 
whether construction ``will result in'' interference with the NAAQS, 40 
CFR 51.160(a). The SIP must also include the means by which a state or 
local agency can ``prevent'' construction that ``will interfere with 
the attainment or maintenance of a national standard.'' 40 CFR 
51.160(b). 40 CFR 51.161(a) requires that the legally enforceable 
procedures in 40 CFR 51.160 must also require the state or local agency 
to provide opportunity for public comment on information submitted by 
owners or operators. The public information must include the agency's 
analysis of the effect of construction or modification on ambient air 
quality, including the agency's proposed approval or disapproval. 40 
CFR 51.161(b) requires a minimum 30-day public comment period. Finally, 
the regulations require that public notice be sent to the EPA Regional 
Office and to all other state and local air pollution control agencies 
having jurisdiction in the region in which the new or modified source 
``will be located.'' 40 CFR 51.161(d).
    We are approving those rules that meet the relevant requirements 
and disapproving those rules that do not meet the relevant 
requirements, or are not appropriate for inclusion in the SIP. 
Specifically, we are disapproving 74:36:04:20:01 (Initiating 
Construction Prior to Permit Issuance), and the related phrase: 
``unless it meets the requirements in 74:36:20:02.01'' in 
74:36:04:20:02 (Construction Permit Required). We are disapproving the 
related phrase because it references the rule we are disapproving.
    For a detailed description of the bases for our actions on the 
individual rules, please refer to our notice of proposed rulemaking (79 
FR 21424) and our response to comments in section II of this action.
    We are sensitive to the concerns expressed in the State's comments. 
We also understand the State's goals in promulgating rule 
74:36:20:02.01, as expressed during the State's rulemaking, were to 
``expedite the construction of specific facilities that will have 
minimal impact to the ambient air and for those projects that may be 
impacted by inclement weather (i.e. winter months),'' \15\ ``and to 
ensure that new businesses and existing businesses looking to expand 
are permitted in an expedited manner.'' \16\ 79 FR 21428. If requested 
by South Dakota, EPA will work with the State to develop revised rules 
that are consistent with the State goals and consistent with the CAA 
and implementing regulations.\17\
---------------------------------------------------------------------------

    \15\ State of South Dakota SIP Submittal, at PDF pages 170-171 
(June 14, 2011, part 1 of 2).
    \16\ State of South Dakota SIP Submittal, at PDF page 105 (June 
14, 2011, part 2 of 2) (Board of Minerals and Environment Minutes, 
February 17, 2011).
    \17\ One option for South Dakota is to amend its ``initiating 
construction prior to permit issuance'' section to allow only 
certain limited, seasonal, pre-permit construction activities and 
specify which activities are allowed, and exclude construction of 
any emitting unit. An example of this type of pre-permit 
construction language can be found in the Administrative Rules of 
Montana (ARM) 17.8.743(2), which EPA approved on August 8, 2011 (76 
FR 40237).
---------------------------------------------------------------------------

IV. Final Action

    In this rulemaking, we are taking final action to: (1) Approve 
revisions to 74:36:01:01 (Definitions); 74:36:02 (Ambient Air Quality); 
74:36:03 (Air Quality Episodes); 74:36:04 (Operating Permits for Minor 
Sources); 74:36:10 (New Source Review); 74:36:11 (Performance Testing); 
74:36:12 (Control of Visible Emissions); 74:36:13 (Continuous Emissions 
Monitoring Systems); 74:36:18 (Regulations for State Facilities in the 
Rapid City Area); and 74:36:20 (Construction Permits for New Sources or 
Modifications); (2) Disapprove 74:36:20:02.01 (Initiating Construction 
Prior to Permit Issuance), and the phrase ``, unless it meets the 
requirements in 74:36:20:02.01'' in 74:36:20:02 (Construction Permit 
Required); (3) Not take action on 74:36:05 (Operating Permits for Part 
70 Sources); 74:36:07 (New Source Performance Standards); 74:36:08 
(National Emission Standards for Hazardous Air Pollutants); 74:36:09 
(Prevention of Significant Deterioration); 74:36:16 (Acid Rain 
Program); and 74:36:19 (Mercury Budget Trading Program).

V. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this final action merely approves certain state law as 
meeting Federal requirements, disapproves other state law as not 
meeting Federal requirements, and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);

[[Page 36425]]

     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 August 26, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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 CAA 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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 29, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. Section 52.2170 is amended in the table titled ``State of South 
Dakota Regulations'' in paragraph (c)(1):
0
a. By revising the table entries for ``74:36:01:01'' and 
``74:36:01:05'';
0
b. By adding the table entry for ``74:36:01:10'' in numerical order;
0
c. By revising the table entry for ``74:36:01:20'';
0
d. By adding the table entry for ``74:36:01:21'' in numerical order;
0
e. By revising the table entries for ``74:36:02:02'' through 
``74:36:02:05'', ``74:36:03:01'', and ``74:36:03:02'';
0
f. By adding the table entries for ``74:36:04:02'', ``74:36:04:02.01'', 
and ``74:36:04:03'' in numerical order;
0
g. By revising the table entry for ``74:36:04:04'';
0
h. By adding the table entries for ``74:36:04:06'', ``74:36:04:07'', 
``74:36:04:09'', ``74:36:04:10'', ``74:36:04:12'', ``74:36:04:12.01'', 
``74:36:04:13'', ``74:36:04:15'' through ``74:36:04:18'', 
``74:36:04:20'', ``74:36:04:20.01'', ``74:36:04:20.04'', 
``74:36:04:23'', ``74:36:04:27'', and ``74:36:04:32'' in numerical 
order;
0
i. By revising the table entries for ``74:36:10:02'', 
``74:36:10:03.01'', ``74:36:10:05'', ``74:36:10:07'', and 
``74:36:10:08'';
0
j. By removing the table entries for ``74:36:10:09'' and 
``74:36:10:10'' and the second entry for ``74:36:13:07'' ;
0
k. By revising the table entries for ``74:36:11:01'', ``74:36:12:01'', 
``74:36:12:03'', ``74:36:13:02'', ``74:36:13:03'', ``74:36:13:04'', 
``74:36:13:06'', the first entry for ``74:36:13:07'', and the entries 
for ``74:36:13:08'', and ``74:36:18:10''; and
0
l. By adding a new centered heading for ``74:36:20 [Construction 
Permits For New Sources Or Modifications]'' and the table entries 
``74:36:20:01 through 74:36:20:24'', in numerical order.
    The amendments read as follows:

Sec.  52.2170  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date       Explanations
                                                             date       and citation \1\
----------------------------------------------------------------------------------------------------------------
                                              74:36:01 Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01......................  Definitions.........    4/20/2011  6/27/2014, [Insert
                                                                       Federal Register
                                                                       citation].
74:36:01:05......................  Applicable              6/28/2010  6/27/2014, [Insert
                                    requirements of the                Federal Register
                                    Clean Air Act                      citation].
                                    defined.
 
                                                  * * * * * * *
74:36:01:10......................  Modification defined    6/28/2010  6/27/2014, [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
74:36:01:20......................  Physical change in      6/28/2010  6/27/2014, [Insert
                                    or change in the                   Federal Register
                                    method of operation                citation].
                                    defined.
74:36:01:21......................  Commence                6/28/2010  6/27/2014, [Insert
                                    construction                       Federal Register
                                    defined.                           citation].
----------------------------------------------------------------------------------------------------------------

[[Page 36426]]

 
                                          74:36:02 Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
74:36:02:02......................  Ambient air quality     6/28/2010  6/27/2014, [Insert
                                    standards.                         Federal Register
                                                                       citation].
74:36:02:03......................  Methods of sampling     6/28/2010  6/27/2014, [Insert
                                    and analysis.                      Federal Register
                                                                       citation].
74:36:02:04......................  Air quality             6/28/2010  6/27/2014, [Insert
                                    monitoring network.                Federal Register
                                                                       citation].
74:36:02:05......................  Ambient air             6/28/2010  6/27/2014, [Insert
                                    monitoring                         Federal Register
                                    requirements.                      citation].
----------------------------------------------------------------------------------------------------------------
                                          74:36:03 Air Quality Episodes
----------------------------------------------------------------------------------------------------------------
74:36:03:01......................  Air pollution           6/28/2010  6/27/2014, [Insert
                                    emergency episode.                 Federal Register
                                                                       citation].
74:36:03:02......................  Episode emergency       6/28/2010  6/27/2014, [Insert
                                    contingency plan.                  Federal Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------
                                  74:36:04 Operating Permits for Minor Sources
----------------------------------------------------------------------------------------------------------------
74:36:04:02......................  Minor source            6/28/2010  6/27/2014, [Insert
                                    operating permit                   Federal Register
                                    required.                          citation].
74:36:04:02.01...................  Minor source            6/28/2010  6/27/2014, [Insert
                                    operating permit                   Federal Register
                                    exemption.                         citation].
74:36:04:03......................  Emission unit           6/28/2010  6/27/2014, [Insert
                                    exemptions.                        Federal Register
                                                                       citation].
74:36:04:04......................  Standard for            6/28/2010  6/27/2014, [Insert
                                    issuance of a minor                Federal Register
                                    source operating                   citation].
                                    permit.
74:36:04:06......................  Timely and complete     6/28/2010  6/27/2014, [Insert
                                    application for                    Federal Register
                                    operating permit                   citation].
                                    required.
74:36:04:07......................  Required contents of    6/28/2010  6/27/2014, [Insert
                                    complete                           Federal Register
                                    application for                    citation].
                                    operating permit.
74:36:04:09......................  Permit application--    6/28/2010  6/27/2014, [Insert
                                    Completeness review.               Federal Register
                                                                       citation].
74:36:04:10......................  Time period for         6/28/2010  6/27/2014, [Insert
                                    department's                       Federal Register
                                    recommendation.                    citation].
74:36:04:12......................  Public participation    6/28/2010  6/27/2014, [Insert
                                    in permitting                      Federal Register
                                    process.                           citation].
74:36:04:12.01...................  Public review of        6/28/2010  6/27/2014, [Insert
                                    department's draft                 Federal Register
                                    permit.                            citation].
74:36:04:13......................  Final permit            6/28/2010  6/27/2014, [Insert
                                    decision--Notice to                Federal Register
                                    interested persons.                citation].
74:36:04:15......................  Contents of             6/28/2010  6/27/2014, [Insert
                                    operating permit.                  Federal Register
                                                                       citation].
74:36:04:16......................  Operating permit        6/28/2010  6/27/2014, [Insert
                                    expiration.                        Federal Register
                                                                       citation].
74:36:04:17......................  Renewal of operating    6/28/2010  6/27/2014, [Insert
                                    permit.                            Federal Register
                                                                       citation].
74:36:04:18......................  Operating permit        6/28/2010  6/27/2014, [Insert
                                    revision.                          Federal Register
                                                                       citation].
74:36:04:20......................  Procedures for          6/28/2010  6/27/2014, [Insert
                                    administrative                     Federal Register
                                    permit amendments.                 citation].
74:36:04:20.01...................  Minor permit            6/28/2010  6/27/2014, [Insert
                                    amendment required.                Federal Register
                                                                       citation].
74:36:04:20.04...................  Department deadline     6/28/2010  6/27/2014, [Insert
                                    to approve minor                   Federal Register
                                    permit amendment.                  citation].
74:36:04:23......................  Reopening operating     6/28/2010  6/27/2014, [Insert
                                    permit for cause.                  Federal Register
                                                                       citation].
74:36:04:27......................  Operating permit        6/28/2010  6/27/2014, [Insert
                                    termination,                       Federal Register
                                    revision, and                      citation].
                                    revocation.
74:36:04:32......................  General permits.....    6/28/2010  6/27/2014, [Insert
                                                                       Federal Register
                                                                       citation].
 

[[Page 36427]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           74:36:10 New Source Review
----------------------------------------------------------------------------------------------------------------
74:36:10:02......................  Definitions.........    6/25/2013  6/27/2014, [Insert
                                                                       Federal Register
                                                                       citation].
74:36:10:03.01...................  New source review       6/25/2013  6/27/2014, [Insert
                                    preconstruction                    Federal Register
                                    permit required.                   citation].
74:36:10:05......................  New source review       6/25/2013  6/27/2014, [Insert
                                    preconstruction                    Federal Register
                                    permit.                            citation].
74:36:10:07......................  Determining credit      6/25/2013  6/27/2014, [Insert
                                    for emission                       Federal Register
                                    offsets.                           citation].
74:36:10:08......................  Projected actual        6/25/2013  6/27/2014, [Insert
                                    emissions.                         Federal Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------
                                          74:36:11 Performance Testing
----------------------------------------------------------------------------------------------------------------
74:36:11:01......................  Stack performance       6/28/2010  6/27/2014, [Insert
                                    testing or other                   Federal Register
                                    testing methods.                   citation].
----------------------------------------------------------------------------------------------------------------
                                      74:36:12 Control of Visible Emissions
----------------------------------------------------------------------------------------------------------------
74:36:12:01......................  Restrictions on         6/28/2010  6/27/2014, [Insert
                                    visible emissions.                 Federal Register
                                                                       citation].
74:36:12:03......................  Exceptions granted      6/28/2010  6/27/2014, [Insert
                                    to alfalfa                         Federal Register
                                    pelletizers or                     citation].
                                    dehydrators.
----------------------------------------------------------------------------------------------------------------
                                74:36:13 Continuous Emissions Monitoring Systems
----------------------------------------------------------------------------------------------------------------
74:36:13:02......................  Minimum performance     6/28/2010  6/27/2014, [Insert
                                    specifications for                 Federal Register
                                    all continuous                     citation].
                                    emission monitoring
                                    systems.
74:36:13:03......................  Reporting               6/28/2010  6/27/2014, [Insert
                                    requirements.                      Federal Register
                                                                       citation].
74:36:13:04......................  Notice to department    6/28/2010  6/27/2014, [Insert
                                    of exceedance.                     Federal Register
                                                                       citation].
74:36:13:06......................  Compliance              6/28/2010  6/27/2014, [Insert
                                    certification.                     Federal Register
                                                                       citation].
74:36:13:07......................  Credible evidence...    6/28/2010  6/27/2014, [Insert
                                                                       Federal Register
                                                                       citation].
74:36:13:08......................  Compliance assurance    6/28/2010  6/27/2014, [Insert
                                    monitoring.                        Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        74:36:18 Regulations for State Facilities In the Rapid City Area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
74:36:18:10......................  Visible emission        6/28/2010  6/27/2014, [Insert
                                    limit for                          Federal Register
                                    construction and                   citation].
                                    continuous
                                    operation
                                    activities.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         74:36:20 Construction Permits For New Sources Or Modifications
----------------------------------------------------------------------------------------------------------------
74:36:20:01......................  Applicability.......    6/28/2010  6/27/2014, [Insert
                                                                       Federal Register
                                                                       citation].
74:36:20:02......................  Construction permit     4/20/2011  6/27/2014, [Insert    Except for ``,
                                    required.                          Federal Register      unless it meets the
                                                                       citation].            requirements in
                                                                                             section
                                                                                             74:36:20:02.01''.
74:36:20:03......................  Construction permit     6/28/2010  6/27/2014, [Insert
                                    exemption.                         Federal Register
                                                                       citation].
74:36:20:04......................  Emission unit           6/28/2010  6/27/2014, [Insert
                                    exemptions.                        Federal Register
                                                                       citation].
74:36:20:05......................  Standard for            6/28/2010  6/27/2014, [Insert
                                    issuance of                        Federal Register
                                    construction permit.               citation].
74:36:20:06......................  Timely and complete     6/28/2010  6/27/2014, [Insert
                                    application for a                  Federal Register
                                    construction permit                citation].
                                    required.

[[Page 36428]]

 
74:36:20:07......................  Required contents of    6/28/2010  6/27/2014, [Insert
                                    complete                           Federal Register
                                    application for a                  citation].
                                    construction permit.
74:36:20:08......................  Applicant required      6/28/2010  6/27/2014, [Insert
                                    to supplement or                   Federal Register
                                    correct application.               citation].
74:36:20:09......................  Permit application--    6/28/2010  6/27/2014, [Insert
                                    Completeness review.               Federal Register
                                                                       citation].
74:36:20:10......................  Time period for         6/28/2010  6/27/2014, [Insert
                                    department's                       Federal Register
                                    recommendation.                    citation].
74:36:20:11......................  Public participation    6/28/2010  6/27/2014, [Insert
                                    in permitting                      Federal Register
                                    process.                           citation].
74:36:20:12......................  Public review of        6/28/2010  6/27/2014, [Insert
                                    department's draft                 Federal Register
                                    permit.                            citation].
74:36:20:13......................  Final permit            6/28/2010  6/27/2014, [Insert
                                    decision--Notice to                Federal Register
                                    interested persons.                citation].
74:36:20:14......................  Right to petition       6/28/2010  6/27/2014, [Insert
                                    for contested case                 Federal Register
                                    hearing.                           citation].
74:36:20:15......................  Contents of             6/28/2010  6/27/2014, [Insert
                                    construction permit.               Federal Register
                                                                       citation].
74:36:20:16......................  Administrative          6/28/2010  6/27/2014, [Insert
                                    permit amendment.                  Federal Register
                                                                       citation].
74:36:20:17......................  Procedures for          6/28/2010  6/27/2014, [Insert
                                    administrative                     Federal Register
                                    permit amendments.                 citation].
74:36:20:18......................  Reopening               6/28/2010  6/27/2014, [Insert
                                    construction permit                Federal Register
                                    for cause.                         citation].
74:36:20:19......................  Procedures to reopen    6/28/2010  6/27/2014, [Insert
                                    construction permit.               Federal Register
                                                                       citation].
74:36:20:20......................  Construction permit     6/28/2010  6/27/2014, [Insert
                                    does not exempt                    Federal Register
                                    from other                         citation].
                                    requirements.
74:36:20:21......................  Expiration of a         6/28/2010  6/27/2014, [Insert
                                    construction permit.               Federal Register
                                                                       citation].
74:36:20:22......................  Notice of               6/28/2010  6/27/2014, [Insert
                                    constructing or                    Federal Register
                                    operating                          citation].
                                    noncompliance--Cont
                                    ents.
74:36:20:23......................  Petition for            6/28/2010  6/27/2014, [Insert
                                    contested case on                  Federal Register
                                    alleged violation.                 citation].
74:36:20:24......................  Circumvention of        6/28/2010  6/27/2014, [Insert
                                    emissions not                      Federal Register
                                    allowed.                           citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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. 2014-14031 Filed 6-26-14; 8:45 am]
BILLING CODE 6560-50-P
```