29698 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart PP—South Carolina 

■ 2. Section 52.2120(c) is amended by 

revising the entry under Regulation No. 

62.1 for ‘‘Section I’’ to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(c) * * * 

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Section I ........................ Definitions .................... 8/25/2017 6/26/2018, [Insert citation of publication].

*******

* * * * * 

[FR Doc. 2018–13571 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2018–0148; FRL–9979– 

69—Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; South 

Dakota; Revisions to the Permitting 

Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve State Implementation Plan 

(SIP) revisions submitted by the State of 

South Dakota on October 4, 2017 related 

to South Dakota’s Air Pollution Control 

Program. The October 4, 2017 submittal 

revises certain definitions and dates of 

incorporation by reference and contains 

new, amended and renumbered rules. In 

this rulemaking, we are taking final 

action on all portions of the October 4, 

2017 submittal, except for those 

portions of the submittal which do not 

belong in the SIP. This action is being 

taken under section 110 of the Clean Air 

Act (CAA). 

DATES: This final rule is effective on July 

26, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2018–0148. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional available information. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6227, 

leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The EPA is taking final action to 

approve all revisions as submitted by 

the State of South Dakota on October 4, 

2017, with the exception of the 

revisions that we are not acting on, as 

outlined in section II.A. of our proposed 

rulemaking published on April 27, 2018 

(83 FR 18496). 

We provided a detailed explanation of 

the bases for our proposed approval in 

our April 27, 2018 rulemaking, which 

will not be restated here. See 83 FR 

18496. We invited comment on all 

aspects of our proposal and provided a 

30-day comment period. The comment 

period ended on May 29, 2018. 

In this action, we are responding to 

the comments we received and taking 

final rulemaking action on the rules 

from the State’s October 4, 2017, 

submittal. 

II. Brief Discussion of Statutory and 

Regulatory Requirements 

The changes we are taking final action 

to approve are consistent with the CAA 

and EPA regulations. Specifically: 

1. CAA section 110(a)(2)(C), requires 

each state plan to include ‘‘a program to 

provide for . . . the regulation of the 

modification and construction of any 

stationary source within the areas 

covered by the plan as necessary to 

assure that the [NAAQS] are achieved, 

including a permit program as required 

in parts C and D of this subchapter.’’ 

2. CAA section 110(a)(2)(A), requires 

that SIPs contain enforceable emissions 

limitations and other control measures. 

Under section CAA section 110(a)(2), 

the enforceability requirement in 

section 110(a)(2)(A) applies to all plans 

submitted by a state. Chapter 6, Section 

13 creates enforceable obligations for 

sources by removing phrases such as 

‘‘the plan shall provide’’ and ‘‘the plan 

may provide.’’ 

In addition, the CAA (section 

110(a)(2)(C)) and 40 CFR 51.160 requires 

states to have legally enforceable 

procedures 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 NSR programs are for pollutants 

from stationary sources that do not 

require Prevention of Significant 

Deterioration (PSD) or nonattainment 

new source review (NNSR) permits. 

States may customize the requirements 

of the minor NSR program as long as 

their program meets minimum 

requirements. 

Section 110(l) of the CAA states: 

‘‘[e]ach revision to an implementation 

plan submitted by a State under this Act 

shall be adopted by such State after 

reasonable notice and public hearing. 

The Administrator shall not approve a 

revision to a plan if the revision would 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined 

in section 171), or any other applicable 

requirement of this chapter.’’ South 

Dakota’s new revisions to ARSD 74:36 

will not interfere with attainment, 

reasonable further progress (RFP), or 


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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29699 

1 62 FR 27968 (May 22, 1997). 

any other applicable requirement of the 

CAA. 

III. Response to Comments 

We received three comments during 

the public comment period. The 

comments were not related to the EPA’s 

proposed rulemaking for South Dakota’s 

permitting program changes which was 

published on April 27, 2018. As such, 

we are not providing a response to the 

comments. 

IV. Final Action 

As outlined in our proposed 

rulemaking, the EPA finds that the 

addition of new, revised and removed 

rules to ARSD 74:36 will not interfere 

with attainment or maintenance of any 

of the NAAQS in the State of South 

Dakota and would not interfere with any 

other applicable requirement of the Act 

or the EPA regulations; and thus, are 

approvable under CAA section 110(l). 

Therefore, we are taking final action to 

approve South Dakota’s revisions as 

submitted on October 4, 2017. 

Specifically, we are taking final action 

to approve the following revisions: 

74:36:01:01 (Definitions)— 

74:36:01:01(8), 74:36:01:01(29), 

74:36:01:01(67), 74:36:01:05(1) and 

74:36:01:20(5), (7), and (8); 74:36:02 

(Ambient Air Quality)—74:36:02:02, 

74:36:02:03, 74:36:02:04 and 

74:36:02:05; 74:36:03 (Air Quality 

Episodes)—74:36:03:01 and 74:36:03:02; 

74:36:04 (Operating Permits for Minor 

Sources)—74:36:04:04; 74:36:06 

(Regulated Air Pollutant Emissions)— 

74:36:06:07; 74:36:09 (Prevention of 

Significant Deterioration)— 74:36:09:02 

and 74:36:09:03; 74:36:10 (New Source 

Review)— 74:36:10:02, 74:36:10:03.01, 

74:36:10:05, 74:36:10:07 and 

74:36:10:08; 74:36:11 (Performance 

Testing)—74:36:11:01; 74:36:12 (Control 

of Visible Emissions)—74:36:12:01 and 

74:36:12:03; 74:36:18 (Regulations for 

State Facilities in the Rapid City Area)— 

74:36:18:10; 74:36:20 (Construction 

Permits for New Sources or 

Modifications)—74:36:20:05; 74:36:21 

(Regional Haze Program)— 

74:36:21:02(8), 74:36:21:04, 74:36:21:05 

and 74:36:21:09. 

V. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the State 

of South Dakota’s revisions to its state 

implementation plan as described in 

section IV. of this preamble. The EPA 

has made, and will continue to make, 

these materials generally available 

through www.regulations.gov and at the 

EPA Region 8 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the State Implementation Plan, have 

been incorporated by reference by the 

EPA into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference in 

the next update to the SIP compilation.1

VI. Statutory and Executive Order 

Reviews 

Under the CAA, 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, the 

EPA’s role is to approve state actions, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves some state law 

provisions as meeting federal 

requirements; this action 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 Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 the 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 does not apply on 

any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the 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). 

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. The 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 27, 2018. 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, Incorporation by 


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reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 20, 2018. 

Douglas Benevento, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart QQ—South Dakota 

■ 2. Section 52.2170(c) is amended by 

revising the table entries for: 

74:36:01:01; 74:36:01:05; 74:36:01:20; 

74:36:02:02; 74:36:02:03; 74:36:02:04; 

74:36:02:05; 74:36:03:01; 74:36:03:02; 

74:36:04:04; 74:36:06:07; 74:36:09:02; 

74:36:09:03; 74:36:10:02; 74:36:10:03.01; 

74:36:10:05; 74:36:10:07; 74:36:10:08; 

74:36:11:01; 74:36:12:01; 74:36:12:03; 

74:36:18:10; 74:36:20:05; 74:36:21:02; 

74:36:21:04; 74:36:21:05; and 

74:36:21:09 to read as follows: 

§ 52.2170 Identification of plan. 

* * * * * 

(c) * * * 

Rule No. Rule title 

State 

effective 

date 

EPA 

effective 

date 

Final rule citation, date Comments 

*******

74:36:01 Definitions 

74:36:01:01 .................... Definitions ...................... 9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

Except for 74:36:01:01.(73). 

* * * * * * * 

74:36:01:05 .................... Applicable requirements 

of the Clean Air Act 

defined.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

74:36:01:20 .................... Physical change in or 

change in the method 

of operation defined.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

74:36:02 Ambient Air Quality 

*******

74:36:02:02 .................... Ambient air quality 

standards.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

74:36:02:03 .................... Methods of sampling 

and analysis.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

74:36:02:04 .................... Ambient air monitoring 

network.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

74:36:02:05 .................... Air quality monitoring requirements.9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

74:36:03 Air Quality Episodes 

74:36:03:01 .................... Air pollution emergency 

episode.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

74:36:03:02 .................... Episode emergency contingency plan.9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

74:36:04 Operating Permits for Minor Sources 

*******

74:36:04:04 .................... Standard for issuance of 

a minor source operating permit.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

74:36:06 Regulated Air Pollutant Emissions 

*******

74:36:06:07 .................... Open burning practices 

prohibited.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.


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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29701 

Rule No. Rule title 

State 

effective 

date 

EPA 

effective 

date 

Final rule citation, date Comments 

*******

74:36:09 Prevention of Significant Deterioration 

*******

74:36:09:02 .................... Prevention of significant 

deterioration.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

Except for 74:36:09:02.(10). 

74:36:09:03 .................... Public participation ........ 9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

74:36:10 New Source Review 

*******

74:36:10:02 .................... Definitions ...................... 9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

74:36:10:03.01 ............... New source review 

preconstruction permit 

required.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

74:36:10:05 .................... New source review 

preconstruction permit 

required.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

74:36:10:07 .................... Determining credit for 

emissions Offsets.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

74:36:10:08 .................... Projected actual emissions.9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

74:36:11 Performance Testing 

74:36:11:01 .................... Stack performance testing or other testing 

methods.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

74:36:12 Control of Visible Emissions 

74:36:12:01 .................... Restrictions on visible 

emissions.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

74:36:12:03 .................... Exceptions granted to alfalfa pelletizers or 

dehydrators.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

74:36:18 Regulations for State Facilities in the Rapid City Area 

*******

74:36:18:10 .................... Visible emission limit for 

construction and continuous operation activities.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

74:36:20 Construction Permits for New Sources Or Modifications 

*******

74:36:20:05 .................... Standard for issuance of 

construction permit.

9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.


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Rule No. Rule title 

State 

effective 

date 

EPA 

effective 

date 

Final rule citation, date Comments 

*******

74:36:21 Regional Haze Program 

*******

74:36:21:02 .................... Definitions ...................... 9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

74:36:21:04 .................... Visibility impact analysis 9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

74:36:21:05 .................... BART determination ...... 9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

74:36:21:09 .................... Monitoring, recordkeeping, and reporting.9/13/2017 7/26/2018 [Insert Federal Register 

citation], 6/26/2018.

* * * * * * * 

* * * * * 

[FR Doc. 2018–13598 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0225; FRL–9978–70] 

Fluroxypyr; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fluroxypyr in 

or on teff forage, teff grain, teff hay, and 

teff straw. Interregional Research Project 

Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective June 

26, 2018. Objections and requests for 

hearings must be received on or before 

August 27, 2018, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2017–0225, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Goodis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2017–0225 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before August 27, 2018. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2017–0225, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 


sradovich on DSK3GMQ082PROD with RULES