38832 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 

1 ‘‘Where an air agency determines that the 

provisions in or referred to by its existing EPA 

approved SIP are adequate with respect to a given 

infrastructure SIP element (or subelement) even in 

light of the promulgation of a new or revised 

NAAQS, the air agency may make a SIP submission 

in the form of a certification.’’ EPA’s ‘‘Guidance on 

Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) 

and (2),’’ September 13, 2013, at 7. 

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA

State citation Title/subject State effective 

date 

EPA approval 

date Federal Register notice 

*******

Standard No. 1 .......... Emissions from Fuel Burning Operations.

Section I ..................... Visible Emissions ...................................... 9/23/2016 8/16/2017 [Insert Federal Register citation]. 

* * * * * * * 

Section III ................... Sulfur Dioxide Emissions .......................... 9/23/2016 8/16/2017 [Insert Federal Register citation]. 

* * * * * * * 

Section VI .................. Periodic Testing ........................................ 9/23/2016 8/16/2017 [Insert Federal Register citation]. 

* * * * * * * 

Standard No. 4 .......... Emissions From Process Industries.

* * * * * * * 

Section II .................... Sulfuric Acid Manufacturing ...................... 6/24/2016 8/16/2017 [Insert Federal Register citation]. 

Section III ................... Kraft Pulp and Paper Manufacturing 

Plants.

6/24/2016 8/16/2017 [Insert Federal Register citation]. 

Section IV .................. Portland Cement Manufacturing ............... 6/24/2016 8/16/2017 [Insert Federal Register citation]. 

Section V ................... Cotton Gins ............................................... 6/24/2016 8/16/2017 [Insert Federal Register citation]. 

* * * * * * * 

Section VIII ................ Other Manufacturing ................................. 6/24/2016 8/16/2017 [Insert Federal Register citation]. 

* * * * * * * 

Section XI .................. Total Reduced Sulfur Emissions of Kraft 

Pulp Mills.

6/24/2016 8/16/2017 [Insert Federal Register citation]. 

Section XII ................. Periodic Testing ........................................ 6/24/2016 8/16/2017 [Insert Federal Register citation]. 

* * * * * * * 

* * * * * 

[FR Doc. 2017–17226 Filed 8–15–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2016–0709, FRL–9966–05- 

Region 8] 

Promulgation of State Implementation 

Plan Revisions; Infrastructure 

Requirements for the 2010 SO2 and 

2012 PM2.5 National Ambient Air 

Quality Standards; South Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

revisions from the State of South Dakota 

to demonstrate the State meets 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for sulfur dioxide (SO2) on 

June 2, 2010 and fine particulate matter 

(PM2.5) on December 14, 2012. 

DATES: This rule is effective on 

September 15, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2016–0709. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. The EPA requests that if at 

all possible, 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: 

Abby Fulton, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6563, 

fulton.abby@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Infrastructure requirements for SIPs 

are set forth in section 110(a)(1) and (2) 

of the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

notice of proposed rulemaking 

published on June 6, 2017 (82 FR 

26007). 

In our proposed rule, the EPA 

proposed to approve and take no action 

on some infrastructure elements for the 

2010 SO2 and 2012 PM2.5 NAAQS from 

the State’s certifications.1 In this 

rulemaking, we are taking final action to 

approve infrastructure elements from 

the State’s certifications. 

II. Response to Comments 

No comments were received on our 

June 6, 2017 notice of proposed 

rulemaking. 


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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 38833 

III. Final Action 

For reasons expressed in the proposed 

rule, the EPA is taking final action to 

approve infrastructure elements from 

the State’s certifications as shown in 

Table 1. Elements we are taking no 

action on are reflected in Table 2. 

A comprehensive summary of 

infrastructure elements and new rules 

being approved into the South Dakota 

SIP through this final rule action are 

provided in Table 1 and Table 2. 

TABLE 1—LIST OF SOUTH DAKOTA INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS APPROVING

Approval 

December 20, 2013 submittal—2010 SO2 NAAQS: 

(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), 

(K), (L) and (M). 

January 25, 2016 submittal—2012 PM2.5 NAAQS: 

(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), 

(K), (L) and (M). 

TABLE 2—LIST OF SOUTH DAKOTA INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS TAKING

NO ACTION ON

No action 

(Revision to be made in separate rulemaking action.) 

December 20, 2013 submittal—2010 SO2 NAAQS: 

(D)(i)(I) prongs 1 and 2. 

January 25, 2016 submittal—2012 PM2.5 NAAQS: 

(D)(i)(I) prongs 1 and 2. 

IV. 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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as 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 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 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 is not approved 

to 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 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 October 16, 2017. 

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, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: July 28, 2017. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

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 QQ—South Dakota 

■ 2. Section 52.2170 is amended in the 

table in paragraph (e) by adding an entry 

for ‘‘XX. Section 110(a)(2) Infrastructure 

Requirements for the 2010 SO2 and 2012 

PM2.5 NAAQS’’ to read as follows: 

§ 52.2170 Identification of plan. 

* * * * * 

(e) * * * 


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38834 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 

1Areas designated as mandatory Class I Federal 

areas consist of national parks exceeding 6000 

acres, wilderness areas and national memorial parks 

exceeding 5000 acres, and all international parks 

that were in existence on August 7, 1977 (42 U.S.C. 

7472(a)). Listed at 40 CFR part 81, subpart D. 2On May 22, 2012, EPA approved Vermont’s 

August 26, 2009 regional haze SIP to address the 

first implementation period for regional haze. See 

77 FR 30212. 3Contributions to Regional Haze in the Northeast 

and Mid-Atlantic United States, August 2006 http:// 

www.nescaum.org/documents/contributions-toregional-haze-in-the-northeast-and-mid-atlanticunited-states/mane-vu_haze_contribution_

asessment-2006-0831.pdf/. 

Rule title State effective date EPA effective 

date Final rule citation, date Comments 

*******

XX. Section 110(a)(2) Infrastructure Requirements for 

the 2010 SO2 and 2012 

PM2.5 NAAQS.

Submitted: 12/20/2013 and 

01/25/2016.

8/16/2017 [Insert Federal Register 

page number where the 

document begins].

Excluding 110(D)(i)(I), interstate transport for the 2010 

SO2 and 2012 PM2.5

NAAQS which will be acted 

on separately. 

[FR Doc. 2017–17221 Filed 8–15–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2016–0626; FRL–9966–37– 

Region 1] 

Air Plan Approval; Vermont; Regional 

Haze Five-Year Progress Report 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving Vermont’s 

regional haze progress report, submitted 

on February 29, 2016 as a revision to its 

State Implementation Plan (SIP). 

Vermont’s SIP revision addresses 

requirements of the Clean Air Act (CAA) 

and EPA’s rules that require states to 

submit periodic reports describing the 

progress toward reasonable progress 

goals (RPGs) established for regional 

haze and a determination of adequacy of 

the State’s existing regional haze SIP. 

EPA is approving Vermont’s progress 

report on the basis that it addresses the 

progress report and adequacy 

determination requirements for the first 

implementation period covering 

through 2018. 

DATES: This direct final rule will be 

effective October 16, 2017, unless EPA 

receives adverse comments by 

September 15, 2017. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2016–0626 at http://

www.regulations.gov, or via email to 

arnold.anne@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Anne K. McWilliams, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912, telephone (617) 918– 

1697, facsimile (617) 918–0697, email 

mcwilliams.anne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background 

II. EPA’s Evaluation of Vermont’s SIP 

Revision 

A. Regional Haze Progress Report 

B. Determination of Adequacy of Existing 

Regional Haze Plan 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

States are required to submit a 

progress report in the form of a SIP 

revision that evaluates progress towards 

the RPGs for each mandatory Class I 

Federal area (Class I area) 1 within the 

state and each Class I area outside of the 

state which may be affected by 

emissions from within the state. See 40 

CFR 51.308(g). States are also required 

to submit, at the same time as the 

progress report, a determination of the 

adequacy of the State’s existing SIP. See 

40 CFR 51.308(h). The first progress 

report is due five years after submittal 

of the initial regional haze SIP. On 

August 26, 2009, the Vermont 

Department of Environmental 

Conservation (VT DEC) submitted the 

State’s first regional haze SIP in 

accordance with the requirements of 40 

CFR 51.308.2

On February 29, 2016, VT DEC 

submitted a revision to the Vermont SIP 

detailing the progress made in the first 

planning period toward implementation 

of the Long Term Strategy (LTS) 

outlined in the Vermont’s 2009 regional 

haze SIP submittal, the visibility 

improvement measured at the State’s 

one Class I area, and a determination of 

the adequacy of the State’s existing 

regional haze SIP. EPA is approving 

Vermont’s February 29, 2016 SIP 

revision on the basis that it satisfies the 

requirements of 40 CFR 51.308(g) and 

(h). 

II. EPA’s Evaluation of Vermont’s SIP 

Revision 

On February 29, 2016, Vermont 

submitted its ‘‘Regional Haze Five-Year 

Progress Report’’ (Progress Report) to 

EPA as a SIP revision. 

Vermont is home to one Class I area, 

the Lye Brook Wilderness Area (Lye 

Brook). During the regional haze 

planning process, an area-of-influence 

modeling analysis based on back 

trajectories was used to assess 

Vermont’s contribution to visibility 

impairment at Lye Brook and other 

Class I areas in other states.3 Based on 


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