UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

Ref: 8P-AR

Brian Gustafson, Administrator

Air Quality Program 1595 Wynkoop Street

DENVER, CO 80202-1129

Phone 800-227-8917

http://www.epa.gov/region08



## FEB 2 7 2014

South Dakota Department of Environment and Natural Resources

Joe Foss Building, 523 E. Capitol

Pierre, South Dakota 57501

Dear Mt·. Gustafson: RE: Automatic Delegation of Clean Air Act (CAA) Section 111

Requirements

This letter is to notify you of the EPA Region 8's intention to automatically delegate the CAA section

111 Standards of Performance for New Stationary Sources, 40 CFR part 60 standards, also known as

New Source Perfonnance Standards (NSPS) to your state. The letter also provides infonnation about the

statutmy basis for automatic delegation of section 111 standmds and outlines a communication protocol

that should be followed regarding the adoption of these standards.

Section lll(c) and an approved part 70 operating permits (title V) program authorizes states to receive

automatic delegation of section Ill standards if the federal standards are incorporated by reference

(IBR). The title V program approval is a demonstration that the state has the ability to implement and

enforce existing section 111 standards and a commitment to implement and enforce future standards to

assure the timely issuance or revision of part 70 permits. The EPA approved South Dakota's title V

program on January 29, 1996 (61 FR2720).

Similar to the automatic delegation for National Emission Standards for Hazardous Air Pollutants

(NESHAPs) currently used by South Dakota, automatic delegation of the NSPS is only permissible 

### if

the NSPS are IBR into the South Dakota Administrative Rules (SDAR). The state then has delegation

automatically to implement and enforce those standards for affected sources when the NSPS are

incorporated unchanged into the SDAR. The date of delegation would be the date the standards are

effective in the SDAR. If South Dakota adopts an NSPS but chooses not to accept delegation of the

NSPS, you should notify us prior to the first compliance date. It is important to note that if South

Dakota changes an NSPS in any way, then the standard would not be automatically delegated and

formal case-by-case approval and delegation must occur. Until approval occurs, the EPA remains the

implementing and enforcing authority.

### States also have the option of receiving partial delegation of an NSPS. The procedures for automatic

partial delegation of severable portions of any NSPS are as follows: 1) the state must clearly define the

separable subcategory in the particular NSPS or the specific separable subset of affected sources in the

specific NSPS so regulated sources and the public know who is the implementing and enforcing

authority; and 2) the applicable portions of the federal NSPS must be adopted by IBR into the state

regulations or rules with a clear explanation of what is included and what is not incorporated into the

state rule.

To avoid confusion, it is essential for the EPA and South Dakota to keep an accurate record of the

primary enforcement authority for each NSPS. Toward that end, we request that you notify the EPA

within 60 days of incorporating an unchanged NSPS into state rules. The notification should include an

official copy of the standard that is stamped, dated and signed by the appropriate official. The official

copy should also include the date of adoption and the effective date. If there is a change in the schedule

for the NSPS becoming effective, then the state should notify the EPA as soon as possible. If the delay

extends beyond the standard's compliance date, the EPA will implement and enforce the standard until

the state has an effective standard. The EPA will meet the requirement for public notification for

delegation ofNSPS via a webpage on the Region 8 website at www2.epa.gov/region8/air-program. The

EPA will notify the public in a Federal Register Notice that future delegation updates will be provided

on the Region 8 website and that the website will replace the Federal Register Notice.

Please note there are some section Ill standards that may not be automatically delegated to a state. The

section Ill requirements found in 40 CFR part 60 subparts Cb, Cc, Cd, Ce, BBBB, DDDD, FFFF and

MMMM are emission guidelines that require state plans and are approved under a separate process

pursuant to section 111 (d) of the CAA. In addition, some portions of the section Ill standards and their

associated general provisions, by their own terms, may not be delegated to a state. The EPA

Administrator retains authority to implement those sections that require: 1) approving equivalency

determinations and alternate test methods; 2) decision-making to ensure national consistency; and 3)

EPA rulemaking in order to implement. Enclosure I with this letter is a list of example sections in 40

CFR part 60 that may not be delegated. Accordingly, the EPA is retaining authority over those portions

of the CFR part 60 standards that may not be delegated.

Enforcement of the delegated section Ill standards within the state would be the primary responsibility

of the South Dakota Department of Environment and Natural Resources (SDDENR). If the SDDENR

determines that such enforcement is not feasible and so notifies the EPA, or where SDDENR acts in a

manner inconsistent with the terms of this delegation, the EPA may exercise its concurrent enforcement

authority pursuant to section 113 of the CAA, as amended, with respect to sources within the state of

South Dakota, excluding Indian country, subject to section 111 standards.

The automatic delegation of NSPS that have been IBR and have not yet been delegated to South Dakota

will be effective on February 27, 2014, as indicated in Enclosure II. If you do not want to use automatic

delegation retroactively for any outstanding NSPS delegations, then provide a list ofNSPS that have

been adopted and that you want excluded from the automatic delegation process within 30 days of

receipt of this letter. Please note that an NSPS delegation request should not be included in a State

Implementation Plan (SIP) submittal because the automatic delegation procedure is replacing requests

for NSPS delegation.If you have questions about our action or the delegation process, please contact me directly at (303) 312-

6416 or your staff can contact Victoria Parker-Christensen, Air Program, at (303) 312-6441 or

parker-christensen. vi ctoria@epa.ga v.

# We;~

Carl Daly, Director

Air Program

Enclosures

cc: Kyrik Rombaugh, South Dakota DENR, Air Quality Program

Cynthia Reynolds, US EPA Region 8, 8ENF-A T

*Printed on Recycled PaperEnclosure I. Examples of authorities in 40 CFR part 60 that may not be delegated to a state.

§§60.8(b) (2) and (b )(3) and those sections throughout the standards that reference

Subpart A §§60.8(b)(2) and (b)(3), §60.11(b) and (e), §60.13 (g), (i) and (j)(2)

Subpart B §60.22, §60.27, and §60.29

Subpart Da §60.47Da

Subpart Db §60.44b(l), §60.44b(g), §60.49b(a)(4)

Subpart De §60.48c( a)( 4)

Subpart F §60.66

Subpart J §60.1 05(a)(13)(iii), §60.1 06(i)(l2)

Subpart Ja §60.1 03a(j)

Subpart Ka §60.114a

Subpart Kb §60.111 b(l)( 4), §60.114b, §60.116b(e)(3) (iii) and (iv), §60.116b(l)(2)(iii)

SubpartO §60.153(e)

Subpart EE §60.316(d)

Subpart RR §60.446(c)

Subpart SS §60.456(d)

Subpart TT §60.466(d)

Subpart UU §60.474(g)

Subpart VV §60.482-1 ( c )(2) and §60.484

Subpart WW §60.496(c)

Subpart XX §60.502(e)(6)

SubpartAAA §60.531, §60.533, §60.534, §60.535, §60.536(i)(2), §60.537, §60.538(e), §60.539

Subpart BBB §60.543( c )(2)(ii)(B)

SubpartDDD §60.562-2(c)

Subpart KKK §60.634.

Subpart Ill §60.613(e)

SubpartNNN §60.663(e)

Subpart 

### QQQ §60.694

Subpart RRR §60.703(e)

§60.711(a)(I6), §60.713(b)(l)(i), §60.713(b)(1)(ii), §60.7!3(b)(5){i), §60.713(d),

Subpart SSS §60.715(a), §60.716

Subpart TTT §60. 723(b )( 1 ), §60. 723(b )(2)(i)(C), §60. 723(b )(2)(iv), §60. 724(e), §60. 725(b)

Subpart VVV §60.743(a)(3)(v)(A) and (B), §60.743(e), §60.745(a), §60.746

Subpart WWW §60.754(a)(5)

Subpart 

# ecce §§60.2030(c)(l) through (4) and (c)(6) through (10)

Subpart EEEE §§60.2889(b)(I) through (6)Enclosure II. Delegation Summary for NSPS for SouthDakotaThe following is a list of promulgated NSPS and includes whether the state has adopted the NSPS through IBR and received delegation ofthat NSPS or if the adopted NSPS will be automatically delegated with this letter. Our records indicate that there are 52 NSPS that have beenIBR by South Dakota, have not been delegated and will be automatically delegated with this letter. These NSPS are: subparts G, Ga, H, J, Ja,L, M, N, Na, P, Q, R, S, T, U, V, W, X, Z, AAa, BB,CC, EE, KK, MM, NN, PP, SS, TT, UU, VVa, WW, BBB,DDD, FFF, GGG, GGGa,HHH, III, KKK, LLL, PPP, QQQ, TTT, VVV, AAAA, CCCC,EEEE, IIII, JJJJ, KKKK, and LLLL.SubpartSubpart TitleState IBR of40 CFR part 60dated 7/1/2012as of 6/25/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)A General ProvisionsX X --B Adoption and Submittal of State Plans for Designated Facilities -- -- --DStandards of Performance for Fossil-Fuel-Fired Steam Generatorsfor Which Construction is Commenced After August 17, 1971. X X --DaStandards of Performance for Electric Utility SteamGeneratingUnits for Which Construction is Commenced After September 18,1978.X X --DbStandards of Performance for Industrial-Commercial-InstitutionalSteam Generating UnitsX X --DcStandards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units X X --E Standards of Performance for Incinerators X X --EaStandards of Performance for Municipal Waste Combustors forWhich Construction is Commenced After December 20,1989 andon or Before September 20, 1994X X --EbStandards of Performance for Large Municipal WasteCombustorsfor Which Construction is Commenced After September20, 1994or for Which Modification or Reconstruction is Commenced AfterJune 19, 1996X X --EcStandards of Performance for Hospital/Medical/Infectious WasteIncinerators for Which Construction is Commenced After June 20,1996X X --F Standards of Performance for Portland Cement Plants X X --SubpartSubpart TitleState IBR of40 CFR part 60dated 7/1/2012as of 6/25/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)G Standards of Performance for Nitric Acid Plants X-- XGaStandards of Performance for Nitric Acid Plants forWhichConstruction, Reconstruction, or Modification Commenced AfterOctober 14, 2011X -- XH Standards of Performance for Sulfuric Acid PlantsX -- XI Standards of Performance for Hot Mix Asphalt Plants X X --J Standards of Performance for Petroleum RefineriesX -- XJaStandards of Performance for Petroleum Refineries for WhichConstruction, Reconstruction, or Modification Commenced AfterMay 14, 2007X -- XKStandards of Performance for Storage Vessels for PetroleumLiquids for Which Construction, Reconstruction, orModificationCommenced After June 11, 1973, and Prior to May 19,1978 X X --KaStandards of Performance for Storage Vessels for PetroleumLiquids for Which Construction, Reconstruction, orModificationCommenced After May 18, 1978, and Prior to July 23,1984 X X --KbStandards of Performance for Volatile Organic Liquid StorageVessels (Including Petroleum Liquid Storage Vessels) for WhichConstruction, Reconstruction, or Modification Commenced AfterJuly 23, 1984X X --L Standards of Performance for Secondary Lead Smelters X -- XMStandards of Performance for Secondary Brass and BronzeProduction PlantsX -- XNStandards of Performance for Primary Emissions fromBasicOxygen Process Furnaces for Which Construction is CommencedAfter June 11, 1973X -- XNaStandards of Performance for Secondary Emissions from BasicOxygen Process Steelmaking Facilities for Which Construction isCommenced After January 20, 1983 X -- XO Standards of Performance for Sewage Treatment Plants X X --P Standards of Performance for Primary Copper Smelters X -- XSubpartSubpart TitleState IBR of40 CFR part 60dated 7/1/2012as of 6/25/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)Q Standards of Performance for Primary Zinc Smelters X -- XR Standards of Performance for Primary Lead Smelters X -- XSStandards of Performance for Primary Aluminum ReductionPlantsX -- XTStandards of Performance for the Phosphate Fertilizer Industry:Wet-Process Phosphoric Acid Plants X -- XUStandards of Performance for the Phosphate Fertilizer Industry:Superphosphoric Acid PlantsX -- XVStandards of Performance for the Phosphate Fertilizer Industry:Diammonium Phosphate PlantsX -- XWStandards of Performance for the Phosphate Fertilizer Industry:Triple Superphosphate PlantsX -- XXStandards of Performance for the Phosphate Fertilizer Industry:Granular Triple Superphosphate Storage Plants X --XYStandards of Performance for Coal Preparation and ProcessingPlantsX X --Z Standards of Performance for Ferroalloy Production Plants X -- XAAStandards of Performance for Steel Plants: ElectricArc FurnacesConstructed After October 21, 1974 and On or BeforeAugust 17,1983-- -- --AAaStandards of Performance for Steel Plants: ElectricArc Furnacesand Argon-Oxygen Decarburization Vessels Constructed AfterAugust 7, 1983X -- XBB Standards of Performance for Kraft Pulp Mills X-- XCC Standards of Performance for Glass ManufacturingPlants X --XDD Standards of Performance for Grain Elevators X X--EE Standards of Performance for Surface Coating ofMetal Furniture X --XGG Standards of Performance for Stationary Gas Turbines X X --HH Standards of Performance for Lime ManufacturingPlants X X --KKStandards of Performance for Lead-Acid Battery ManufacturingPlantsX --XSubpartSubpart TitleState IBR of40 CFR part 60dated 7/1/2012as of 6/25/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)LL Standards of Performance for Metallic Mineral Processing Plants X X --MMStandards of Performance for Automobile and Light Duty SurfaceCoating OperationsX --XNN Standards of Performance for Phosphate Rock Plants X --XPP Standards of Performance for Ammonium Sulfate Manufacture X --XQQStandards of Performance for the Graphic Arts Industry:Publication Rotogravure PrintingX X --RRStandards of Performance for Pressure Sensitive andLabelSurface Coating OperationsX X --SSStandards of Performance for Industrial Surface Coating: LargeAppliancesX --XTT Standards of Performance for Metal Coil SurfaceCoating X --XUUStandards of Performance for Asphalt Processing andAsphaltRoofing ManufactureX --XVVStandards of Performance for Equipment Leaks of VOCin theSynthetic Organic Chemicals Manufacturing Industryfor whichConstruction, Reconstruction, or Modification Commenced AfterJanuary 5, 1981, and on or Before November 7, 2006X X --VVaStandards of Performance for Equipment Leaks of VOCin theSynthetic Organic Chemicals Manufacturing Industryfor WhichConstruction, Reconstruction, or Modification Commenced AfterNovember 7, 2006X --XWWStandards of Performance for the Beverage Can Surface CoatingIndustryX --XXX Standards of Performance for Bulk Gasoline Terminals X X --AAA Standards of Performance for New Residential Wood Heaters X X --BBBStandards of Performance for the Rubber Tire ManufacturingIndustryX --XDDDStandards of Performance for Volatile Organic Compound (VOC)Emissions from the Polymer Manufacturing Industry X--XSubpartSubpart TitleState IBR of40 CFR part 60dated 7/1/2012as of 6/25/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)FFFStandards of Performance for Flexible Vinyl and UrethaneCoating and PrintingX --XGGGStandards of Performance for Equipment Leaks of VOCinPetroleum Refineries for Which Construction, Reconstruction, orModification Commenced After January 4, 1983, and on or BeforeNovember 7, 2006X --XGGGaStandards of Performance for Equipment Leaks of VOCinPetroleum Refineries for Which Construction, Reconstruction, orModification Commenced After November 7, 2006 X --XHHH Standards of Performance for Synthetic Fiber Production Facilities X --XIIIStandards of Performance for Volatile Organic Compound (VOC)Emissions From the Synthetic Organic Chemical ManufacturingIndustry (SOCMI) Air Oxidation Unit Processes X --XJJJ Standards of Performance for Petroleum Dry Cleaners X X --KKKStandards of Performance for Equipment Leaks of VOCFromOnshore Natural Gas Processing Plants for Which Construction,Reconstruction, or Modification Commenced After January 20,1984, and on or Before August 23, 2011 X -- XLLLStandards of Performance for SO2 Emissions from OnshoreNatural Gas Processing for Which Construction, Reconstruction,or Modification Commenced After January 20, 1984, and on orBefore August 23, 2011X --XNNNStandards of Performance for Volatile Organic Compound (VOC)Emissions From Synthetic Organic Chemical ManufacturingIndustry (SOCMI) Distillation Operations X X --OOOStandards of Performance for Nonmetallic Mineral ProcessingPlantsX X --PPPStandard of Performance for Wool Fiberglass InsulationManufacturing PlantsX --XQQQStandards of Performance for VOC Emissions From PetroleumRefinery Wastewater SystemsX --XSubpartSubpart TitleState IBR of40 CFR part 60dated 7/1/2012as of 6/25/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)RRRStandards of Performance for Volatile Organic CompoundEmissions from Synthetic Organic Chemical ManufacturingIndustry (SOCMI) Reactor Processes X X --SSS Standards of Performance for Magnetic Tape Coating Facilities X X --TTTStandards of Performance for Industrial Surface Coating: SurfaceCoating of Plastic Parts for Business Machines X --XUUUStandards of Performance for Calciners and Dryers in MineralIndustriesX X --VVVStandards of Performance for Polymeric Coating of SupportingSubstrates FacilitiesX -- XWWW Standards of Performance for Municipal Solid Waste Landfills X X --AAAAStandards of Performance for Small Municipal WasteCombustionUnits for Which Construction is Commenced After August 30,1999 or for Which Modification or Reconstruction isCommencedAfter June 6, 2001X -- XCCCCStandards of Performance for Commercial and Industrial SolidWaste Incineration Units for which Construction isCommencedAfter November 30, 1999 or for Which Modification orReconstruction is Commenced on or After June 1, 2001. X -- XEEEEStandards of Performance for Other Solid Waste IncinerationUnits for Which Construction is Commenced After December 9,2004, or for Which Modification or Reconstruction is Commencedon or After June 16, 2006X -- XIIIIStandards of Performance for Stationary CompressionIgnitionInternal Combustion EnginesX -- XJJJJStandards of Performance for Stationary Spark Ignition InternalCombustion EnginesX -- XKKKK Standards of Performance for Stationary Combustion Turbines X -- XLLLLStandards of Performance for New Sewage Sludge IncinerationUnitsX -- XSubpartSubpart TitleState IBR of40 CFR part 60dated 7/1/2012as of 6/25/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)OOOOStandards of Performance for Crude Oil and NaturalGasProduction, Transmission and Distribution -- -- --