40952 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: John 

Hackett, Acting Director; Office of 

Information Programs and Services, 

A/GIS/IPS; Department of State, SA–2; 

515 22nd Street NW., Washington, DC 

20522–8001, or at Privacy@state.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of State maintains the 

Records Maintained by the Office of 

Civil Rights system of records. The 

primary purpose of this system of 

records is for the investigation, 

processing, and resolution of informal 

and formal complaints of discrimination 

filed against the Department of State in 

accordance with 29 CFR part 1614 and 

the Department’s internal procedures for 

addressing Equal Employment 

Opportunity (EEO) complaints; and for 

the investigation, processing and 

resolution of complaints of 

discrimination under 42 U.S.C. 2000d 

and complaints under 20 U.S.C. 1681, 

29 U.S.C. 794 and 794d, 42 U.S.C. 6101, 

29 U.S.C. 621, and 36 CFR chapter XI. 

The Department of State is issuing 

this document as a proposal to amend 

22 CFR part 171 to exempt portions of 

the Records Maintained by the Office of 

Civil Rights system of records from the 

Privacy Act subsections (c)(3);(d); (e)(1); 

(e)(4)(G), (H), and (I); and (f) of the 

Privacy Act pursuant to 5 U.S.C. 

552a(k)(5) to the extent that the system 

contains investigatory material 

compiled for law enforcement purposes, 

and (k)(6) to the extent that it contains 

testing or examination material used 

solely to determine individual 

qualifications for appointment or 

promotion in the Federal service. 

List of Subjects in 22 CFR Part 171 

Privacy. 

For the reasons stated in the 

preamble, 22 CFR part 171 is proposed 

to be amended as follows: 

PART 171—AVAILABILITY OF 

INFORMATION AND RECORDS TO 

THE PUBLIC 

■ 1. The authority citation for part 171 

continues to read as follows: 

Authority: 5 U.S.C. 552, 552a; 22 U.S.C. 

2651a; Pub. L. 95–521, 92 Stat. 1824, as 

amended; E.O. 13526, 75 FR 707; E.O. 12600, 

52 FR 23781, 3 CFR, 1987 Comp., p. 235. 

§ 171.36 [Amended] 

■ 2. Section 171.36 is amended by 

adding an entry, in alphabetical order, 

for ‘‘Records Maintained by the Office of 

Civil Rights, State-09’’ to the lists in 

paragraphs (b)(5) and (6). 

Joyce A. Barr, 

Assistant Secretary for Administration, U.S. 

Department of State. 

[FR Doc. 2015–17227 Filed 7–13–15; 8:45 am] 

BILLING CODE 4710–10–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0916; FRL–9930–46– 

Region–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; South 

Dakota; Revisions to South Dakota 

Administrative Code 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

South Dakota on July 29, 2013. This SIP 

submission revises the Administrative 

Rules of South Dakota (ARSD) Article 

74:36—Air Pollution Control Program. 

These revisions include grammatical 

changes, renumbering, revisions to the 

date of incorporation by reference of the 

federal regulations referenced 

throughout ARSD Article 74:36, and 

removal of obsolete language regarding 

variance provisions and clean units. A 

cross-walk table, which details each 

individual rule revision in Article 74:36, 

and the actions EPA is proposing on 

those revisions, is included in the 

docket for this rulemaking. EPA is also 

proposing to clarify a final rule issued 

on January 29, 2015 pertaining to South 

Dakota’s infrastructure SIP. This action 

is being taken in accordance with 

section 110 of the Clean Air Act (CAA). 

DATES: Comments must be received on 

or before August 13, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2014–0916. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

the hard copy form. Publicly available 

docket materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

EPA Region 8, Office of Partnership and 

Regulatory Assistance, Air Program, 

1595 Wynkoop Street, Denver, 

Colorado, 80202–1129. The EPA 

requests that you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 a.m.–4:00 p.m., 

excluding federal holidays. An 

electronic copy of the state’s SIP 

compilation is also available at http://

www.epa.gov/region8/air/sip.html. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–7104, clark.adam@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

What should I consider as I prepare my 

comments for EPA? 

1. Submitting Confidential Business 

Information (CBI). Do not submit CBI to 

EPA through www.regulations.gov or 

email. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD 

ROM that you mail to EPA, mark the 

outside of the disk or CD ROM as CBI 

and then identify electronically within 

the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40953 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

South Dakota’s June 29, 2013, 

submittal covers the following rule 

changes: (1) Removal of obsolete 

language regarding variance provisions 

and clean units, and renumbering to 

reflect the deletions; and (2) Revisions 

to the date of federal regulations 

referenced throughout ARSD Article 

74:36 to July 1, 2012. A cross-walk table, 

which identifies the proposed rule 

revisions in Article 74:36 specifically, 

and the action EPA is proposing to take 

on those revisions, is included in the 

docket for this rulemaking. 

South Dakota’s June 29, 2013 

submittal also requests EPA approval of 

rule revisions for provisions that are not 

required to be included in SIPs under 

section 110 of the Clean Air Act (CAA), 

most notably additions to the State’s 

New Source Performance Standards 

(NSPS) and National Emissions 

Standards for Hazardous Air Pollutants 

(NESHAPs). These revisions, which 

EPA is not proposing action on, are 

outlined in the cross-walk table located 

in the docket for this rulemaking. 

III. What action is EPA taking? 

EPA is proposing to approve most 

revisions of South Dakota’s July 29, 

2013 submittal as outlined in Section II. 

of this rulemaking that were not acted 

on previously. An overview of EPA’s 

proposed approval of each section is 

described below. The excepted 

revisions, on which EPA will not take 

action, are also described below. 

74:36:01:01 (Definitions) 

EPA is proposing to approve all 

changes in this section as outlined in 

the crosswalk table (see docket). These 

changes specifically remove the term 

‘‘variance’’ previously included in the 

definitions of ‘‘existing source’’ and 

‘‘new source,’’ and removes the 

definition of ‘‘variance.’’ The removal of 

the variance will strengthen the 

environmental protection provided by 

the SIP, and therefore EPA proposes to 

approve these changes. EPA is also 

proposing to approve all remaining 

changes in this section, which update 

the date of incorporation by reference of 

the federal regulations to July 1, 2012. 

74:36:02 (Ambient Air Quality) 

EPA is proposing to approve all 

changes in this section, which update 

the date of incorporation by reference of 

the federal regulations to July 1, 2012. 

74:36:04 (Operating Permits for Minor 

Sources) 

EPA is proposing to approve all 

changes in this section, which remove 

citations to repealed provisions of South 

Dakota’s legal code regarding variances 

from the General Authorities and 

Implemented Laws provided. It also 

updates the date of incorporation by 

reference of the federal regulations to 

July 1, 2012. 

74:36:05 (Operating Permits for Part 70 

Sources) 

EPA is proposing to approve the 

changes in this section, which update 

the date of incorporation by reference of 

the federal regulations to July 1, 2012 

and remove citations to repealed 

provisions of South Dakota’s legal code 

regarding variances from the General 

Authorities and Implemented Laws 

provided. 

74:36:07 (New Source Performance 

Standards) 

EPA is not taking action on this 

section because NSPS are not required 

to be included in a SIP per section 110 

of the CAA. 

74:36:08 (National Emission Standards 

for Hazardous Air Pollutants) 

EPA is not taking action on this 

section because NESHAPs are not 

required to be included in a SIP per 

section 110 of the CAA. 

74:36:09 (Prevention of Significant 

Deterioration) 

EPA is not taking action on this 

section of South Dakota’s July 29, 2013 

submittal because it was acted upon by 

EPA in a final rulemaking dated January 

29, 2015. (80 FR 4799) 

74:36:10 (New Source Review) 

EPA is proposing to approve all 

changes in this section that were not 

acted upon in an EPA final rule issued 

on June 27, 2014, with one exception. 

The provisions that EPA is proposing to 

act upon in this rulemaking are 

74:36:10:09 and 74:36:10:10. These 

provisions remove obsolete language 

regarding clean units. EPA is not taking 

action on 74:36:10:06, which proposes 

to add PM2.5 to the ‘‘Pollutant and 

Significant Levels’’ table and to 

renumber other pollutants in the table. 

On January 22, 2013, the United States 

Court of Appeals for the District of 

Columbia vacated and remanded 

portions of EPA’s 2010 PM2.5 Increment 

Rule (75 FR 64864) addressing the 

Significant Impact Levels (SILs) for 

PM2.5. On December 9, 2013, EPA 

amended its regulations to remove the 

PM2.5 SILs (78 FR 73698). Therefore, 

South Dakota’s incorporation of the 

PM2.5 SILs into its SIP no longer reflects 

the current regulations. 

74:36:11 (Performance Testing) 

EPA is proposing to approve changes 

in this section, which update the date of 

incorporation by reference of the federal 

regulations to July 1, 2012. 

74:36:12 (Control of Visible Emissions) 

EPA is proposing to approve the 

changes to 74:36:12:01 and 74:36:12:03 

in the submittal, which update the date 

of incorporation by reference of the 

federal regulations to July 1, 2012 and 

update the General Authorities and 

Laws Implemented. EPA is not taking 

action on the language change in 

74:36:12:02(3). On February 22, 2013, 

EPA (among other things) made a 

finding of substantial inadequacy and 

issued a SIP call for certain provisions 

related to start-up, shutdown, and 

malfunction in current SIPs for specific 

states. For South Dakota the affected 

provision is 74:36:12:02(3). EPA is not 

taking action on this provision, because 

it will be addressed in the proposed SIP 

call. 

74:36:13 (Continuous Emissions 

Monitoring) 

EPA is proposing to approve changes 

in this section, which update the date of 

incorporation by reference of the federal 

regulations to July 1, 2012. 

74:36:16 (Acid Rain Program) 

EPA is not taking action on this 

section because the Acid Rain Program 

is not required to be included in a SIP 

per section 110 of the CAA. 

74:36:18 (Regulations for State Facilities 

in the Rapid City Area) 

EPA is proposing to approve changes 

in this section, which update the date of 

incorporation by reference of the federal 

regulations for the visible emission test 

method to EPA Method 9 in 40 CFR part 

60, Appendix A to July 1, 2012 and 

delete references to repealed provisions 

of the South Dakota Legal Code 

regarding variances. 

74:36:20 (Construction Permits for New 

Sources or Modifications) 

EPA is proposing to approve the 

changes in this section, which update 

the date of incorporation by reference of 

the federal regulations to July 1, 2012 

and delete references to repealed 


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40954 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 

provisions of the South Dakota Legal 

Code regarding variances. It also 

includes a change to 74:36:20:05 to 

ensure air pollution dispersion 

modeling used to determine compliance 

with that requirement is performed in 

accordance with 40 CFR part 51, 

Appendix W to July 1, 2012. 

74:36:21 (Regional Haze Program) 

EPA is proposing to approve changes 

in this section, which update the date of 

incorporation by reference of the federal 

regulations to July 1, 2012. 

IV. Proposed Clarification of January 

29, 2015 Final Action 

Under CAA sections 110(a)(1) and (2), 

states are required to submit 

infrastructure SIPs to ensure their SIPs 

provide for implementation, 

maintenance, and enforcement of the 

NAAQS. As noted, on January 29, 2015, 

EPA took final action on the 

infrastructure submittals which 

addressed several different NAAQS 

from the State of South Dakota. (80 FR 

4799). As part of the January 29, 2015 

action, EPA approved South Dakota’s 

1997 PM2.5 NAAQS interstate transport 

infrastructure sub-element (CAA section 

110(a)(2)(D)(i)(II)). However, EPA had 

already approved this sub-element in a 

final rulemaking on May 8, 2008. (73 FR 

26019, effective July 7, 2008). Therefore, 

in this action EPA is proposing to clarify 

that no action was required on this subelement for this NAAQS in the January 

29, 2015 approval of CAA section 

110(a)(2)(D)(i)(II) for the 1997 PM2.5

NAAQS and the effective date of 

approval remains July 7, 2008. 

V. Summary of Proposed Action 

In this proposed rulemaking, we are 

proposing approval of most remaining 

portions of South Dakota’s July 29, 2013 

submittal as outlined in section III. 

above and in the crosswalk table located 

in the docket. We are proposing not to 

take action on certain portions of this 

submittal as described in section III. 

Finally, we are proposing to clarify our 

January 29, 2015 final action (80 FR 

4799) regarding the effective date of 

approval for South Dakota’s SIP 

regarding CAA section 110(a)(2)(D)(i)(II) 

for the 1997 PM2.5 NAAQS. 

VI. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the rules in ARSD 74:36 submitted by 

South Dakota for action which are 

identified within this notice of proposed 

rulemaking. The EPA has made, and 

will continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this rule’s 

preamble for more information). 

VII. Statutory and Executive Order 

Reviews 

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 actions, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely approves state law provisions as 

meeting federal requirements and does 

not propose 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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); 

• 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, the SIP is not proposed to 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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: June 25, 2015. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2015–17257 Filed 7–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0626; FRL–9930–26- 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Revisions to the Particulate Matter 

Less Than 2.5 Micrometers (PM2.5) 

Prevention of Significant Deterioration 

(PSD) Permitting Program State 

Implementation Plan (SIP) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

portions of two revisions to the New 

Mexico SIP for the permitting of PM2.5

emissions submitted on May 23, 2011, 

and August 6, 2014. Together, these 

submittals revise the New Mexico PSD 

program to be consistent with the 

federal PSD regulations regarding the 

use of a significant impact level (SIL) or 

significant monitoring concentration 

(SMC) for PM2.5 emissions. We are 

proposing to approve these SIP 

revisions to regulate PM2.5 emissions in 

accordance with requirements of section 

110 and part C of the Clean Air Act. 

DATES: Written comments must be 

received on or before August 13, 2015. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS