[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24713-24715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09863]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2020-0739; FRL-10023-50-Region 8]


Approval and Promulgation of Implementation Plans; South Dakota; 
Revisions to Air Rules of South Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of South 
Dakota on January 3, 2020 that revises the Administrative Rules of 
South Dakota (ARSD), Air Pollution Control Program, updating the 
chapter pertaining to definitions. The EPA is taking this action 
pursuant to the Clean Air Act (CAA).

DATES: This rule is effective on June 9, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2020-0739. 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., 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 availability 
information.

FOR FURTHER INFORMATION CONTACT: Kate Gregory, (303) 312-6175, 
gregory.kate@epa.gov. Mail can be directed to the Air and Radiation 
Division, U.S. EPA, Region 8, Mail-code 8ARD-QP, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

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I. Background

    On January 3, 2020 the State of South Dakota submitted revisions 
and additions to the ARSD. In this action, we are approving the 
additions to the ARSD pertaining to the definitions section. The 
subject of this action is described in detail in our notice of proposed 
rulemaking (NPRM) published on February 24, 2021 (86 FR 11211).

II. Final Action

    In this rulemaking, the EPA is approving the revisions to the ARSD 
submitted by the State of South Dakota on January 3, 2020, specifically 
the additions of 74:36:01:01(71) and 74:36:01:01(72) in the definitions 
section of the ARSD.1 2 The subsections of the ARSD 
definitions section we are approving, 74:36:01:01(71) and 
74:36:01:01(72), contain the definitions of `closed landfill' and 
`closed landfill subcategory,' respectively. In this action, we are 
approving the addition of the abovementioned subsections to the 
definitions section of the ARSD. Additional revisions and additions to 
the ARSD, related to content that includes `closed landfill' and 
`closed landfill subcategory' have been approved in a separate action 
[(85 FR 16538) Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; South Dakota; Control of Emissions From 
Existing Municipal Solid Waste Landfills].
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    \1\ The additional revisions and additions to the ARSD as they 
relate to the SIP referenced in the January 3, 2020 ARSD rule 
revision submission by the State of South Dakota were approved in a 
prior rule: Air Quality State Implementation Plans; Approval and 
Promulgation of Implementation Plans; South Dakota; Infrastructure 
Requirements for the 2015 Ozone National Ambient Air Quality 
Standards; Revisions to Administrative Rules (85 FR 67653).
    \2\ ARSD numbering in the notice of proposed rulemaking for this 
action (86 FR 11211) was listed as 74:36:01:01(74) and 
74:36:01:01(75). The correct numbering of the ARSD we are acting on 
is listed in this notice of final rulemaking as 74:36:01:01(71) and 
74:36:01:01(72). The definitions we are approving of `closed 
landfill' and `closed landfill subcategory' remain unchanged in both 
the proposal and final action.
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    In the table below, the key is as follows:
    A--Approve.
    D--Disapprove.

            Table 1--ARSD Additions That the EPA Is Approving
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        Additions the Administrative Rules of South Dakota (ARSD)
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74:36:01:01(71)...............................................        A
74:36:01:01(72)...............................................        A
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III. Incorporation by Reference

    In this document, 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 
ARSD, Air Pollution Control Program, updating the ARSD chapters 
pertaining to definitions as is described in the 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 SIP, 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.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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IV. 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, 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);
     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, 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 CAA; 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 approved 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 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. 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 July 9, 2021. 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,

[[Page 24715]]

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 section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: May 4, 2021.
Debra H. Thomas,
Acting 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. In Sec.  52.2170, the table in paragraph (c) is amended by revising 
the entry for ``74:36:01:01'' to read as follows:


Sec.  52.2170  Identification of plan.

* * * * *
    (c) * * *

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                                                      State         EPA
           Rule No.                 Rule title      effective    effective       Final rule         Comments
                                                       date         date       citation, date
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                                                  * * * * * * *
74:36:01:01...................  Definitions......   11/25/2019     6/9/2021  [insert Federal    ................
                                                                              Register
                                                                              citation], 5/10/
                                                                              2021.
 
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[FR Doc. 2021-09863 Filed 5-7-21; 8:45 am]
BILLING CODE 6560-50-P


