Rule2022-07416
Air Plan Approval; South Dakota; Revisions to South Dakota Codified Law and Administrative Rules of South Dakota
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 11, 2022
Effective
June 10, 2022
Issuing agencies
Environmental Protection Agency
Abstract
With this direct final rule, the Environmental Protection Agency (EPA or the "Agency") is promulgating approval of South Dakota's submittal requesting that EPA recognize the merger of South Dakota's Department of Agriculture (DOA) with the Department of Environment and Natural Resources (DENR) to form the new Department of Agriculture and Natural Resources (DANR) and incorporate corresponding non-substantive revisions to the South Dakota Codified Law (SDCL) and the Administrative Rules of South Dakota (ARSD) into South Dakota's Implementation Plan. Accordingly, EPA is taking this final action in accordance with Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 69 (Monday, April 11, 2022)</title>
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[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Rules and Regulations]
[Pages 21024-21027]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07416]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0807; FRL-9680-02-R8]
Air Plan Approval; South Dakota; Revisions to South Dakota
Codified Law and Administrative Rules of South Dakota
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: With this direct final rule, the Environmental Protection
Agency (EPA or the ``Agency'') is promulgating approval of South
Dakota's submittal requesting that EPA recognize the merger of South
Dakota's Department of Agriculture (DOA) with the Department of
Environment and Natural Resources (DENR) to form the new Department of
Agriculture and Natural Resources (DANR) and incorporate corresponding
non-substantive revisions to the South Dakota Codified Law (SDCL) and
the Administrative Rules of South Dakota (ARSD) into South Dakota's
Implementation Plan. Accordingly, EPA is taking this final action in
accordance with Clean Air Act (CAA).
DATES: This direct final rule is effective on June 10, 2022 without
further notice, unless EPA receives adverse written comments on or
before May 11, 2022. 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: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2021-0807. All documents in the docket are listed in
the <a href="http://www.regulations.gov">www.regulations.gov</a> index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
<a href="http://www.regulations.gov">www.regulations.gov</a>. To reduce the risk of COVID-19 transmission, for
this action we do not
[[Page 21025]]
plan to offer hard copy review of the docket. Please email or call the
person listed in the FOR FURTHER INFORMATION CONTACT section if you
need to make alternative arrangements for access to the docket.
FOR FURTHER INFORMATION CONTACT: Kate Gregory, Air and Radiation
Division, U.S. Environmental Protection Agency (EPA), Region 8, Mail
Code 8P-ARD-QP, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
telephone number: (303) 312-6175, email address: <a href="/cdn-cgi/l/email-protection#a2c5d0c7c5cdd0db8cc9c3d6c7e2c7d2c38cc5cdd4"><span class="__cf_email__" data-cfemail="9dfaeff8faf2efe4b3f6fce9f8ddf8edfcb3faf2eb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means EPA.
I. Why is EPA using a direct final rule?
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the Proposed Rules section of this issue
of the Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve revisions to both
the SDCL and the ARSD. If EPA receives adverse comments, EPA will
publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
II. Background
On April 16, 2021, South Dakota's Office of Attorney General
submitted a letter notifying EPA of the establishment of the South
Dakota DANR. The letter stated that on January 19, 2021, South Dakota
Governor, Kristi Noem, executed Executive Order 2021-03, which provided
for the merger of the South Dakota DOA and the South Dakota DENR into
one department--the DANR. According to the South Dakota Constitution,
executive reorganization orders become effective ``within ninety days
after submission'' of the executive order to the South Dakota
Legislature (Legislature) unless one of the two houses of the
Legislature disapproves of the executive reorganization (S.D.
Constitution, Article IV, Section 8).\1\ During the 2021 session,
neither house of the Legislature passed a resolution of disapproval of
Governor Noem's Executive Order 2021-03 and the Order became effective
April 19, 2021.\2\
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\1\ SD DANR Merger SIP Submittal, January 21, 2022, p. 27-28,
Letter from Steven R. Blair, Assistant Attorney General, South
Dakota Office of Attorney General, to Deb Thomas, Acting Regional
Administrator, EPA Region 8, Re: Establishment of South Dakota
Department of Agriculture and Natural Resources, April 16, 2021.
\2\ SD DANR Merger SIP Submittal, p.1, Letter from Hunter
Roberts, Secretary, South Dakota Department of Agriculture and
Natural Resources, to KC Becker, Regional Administrator, EPA Region
8, January 20, 2022.
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In the letter submitted by the South Dakota Office of Attorney
General, Assistant Attorney General Steven R. Blair stated that all
State programs previously authorized to carry out EPA programs would
continue to function in the same manner and all current environmental
protection activities conducted under existing EPA approved or
delegated programs under the DOA and/or the DENR would continue intact
under the newly established DANR. Further, Mr. Blair stated that the
merger caused no substantive budgetary or personnel changes, that the
new DANR has all the authorities, powers, and duties of the previous
DOA and DENR, and that the laws in effect at the time EPA approved or
delegated authority to DOA and/or DENR continue to be fully effective
and enforceable. Mr. Blair explained that the merger did not require
any substantive changes to state law or administrative rules; the
statutes and rules were merely updated to reflect the name of the new
department.\3\
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\3\ SD DANR Merger SIP Submittal, p. 27-28.
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III. State Submittal
On January 21, 2022, pursuant to 40 CFR part 51, South Dakota
submitted a request that EPA recognize the merger of South Dakota's DOA
with the DENR to form the new DANR and incorporate corresponding
revisions to the SDCL and the ARSD into South Dakota's Implementation
Plan at 40 CFR 52.2170. The January 21, 2022 submission included a
letter from the Secretary of the DANR, Hunter Roberts, as the
Governor's designee.\4\ Secretary Roberts stated that the SDCL and ARSD
were automatically updated with DANR's new name during the merger
process. Additionally, Secretary Roberts stated that South Dakota's
Board of Minerals and Environment approved the DANR's request to ask
EPA to recognize the department's new name in South Dakota's State
Implementation Plan (SIP) at 40 CFR 52.2170 during a public hearing on
December 16, 2021. Secretary Roberts further confirmed that the merger
did not cause a substantive change to state law or administrative rules
and that DANR maintains the same authorities, powers, and duties
covered and implemented under the previous department name.\5\
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\4\ SD DANR Merger SIP Submittal, p. 9.
\5\ SD DANR Merger SIP Submittal, p.1.
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South Dakota's submittal included clean and redlined copies of the
revised SDCL and ARSD, which are available in the docket for this
action. The non-substantive revisions became effective on April 19,
2021.\6\ The submittal also included evidence that public notice of the
State's proposed submittal ran in eleven South Dakota newpapers and a
public hearing was held on December 16, 2021, demonstrating compliance
with 40 CFR 51.102. The State received no public comments.
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\6\ SD DANR Merger SIP Submittal, p. 2-7.
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The SDCL and ARSD approved into South Dakota's SIP as revised are
listed in Table 1 below.\7\
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\7\ See SD DANR Merger SIP Submittal, p. 33. In addition to the
listed provisions in Table 1, South Dakota also included ARSD
74:37:01:08 in the submittal. This provision is not included as part
of the EPA-approved SIP. Accoridngly, we are not taking action to
include the revised 74:37:01:08 in South Dakota's approved SIP. See
Email dated March 4, 2022, from Kyrik Rombough, Engineer Manager
III, South Dakota Department of Agriculture and Natural Resources,
to Monica Morales, Acting Deputy Director, EPA Region 8 Air and
Radiation Division.
Table 1--Revisions to South Dakota South Dakota Codified Law (SDCL) and
Administrative Rules of South Dakota (ARSD) Air Pollution Control Rules
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SDCL:
34A-1-2
34A-1-58.1
34A-1-60
34A-1-63
ARSD:
74:36:01:01(19)
74:36:01:01(55)
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IV. Final Action
South Dakota submitted the necessary information for EPA to review
the non-substantive revisions to South Dakota's statutes and
administrative rules to reflect the merger of South Dakota's DOA with
the DENR to form the new DANR. With the exception of 74:37:01:08, which
is part of South Dakota's approved CAA title V program rather than part
of South Dakota's approved SIP, EPA is now acting to approve the non-
substantive revisions to the SDCL and ARSD air pollution control rules
into the SIP at 40 CFR 52.2170.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text in an EPA final
rule that includes incorporation by reference. In accordance with the
requirements of 1 CFR 5.15, EPA is finalizing the incorporation by
reference of the regulations described in section III of
[[Page 21026]]
this preamble and as set forth in the amendments to 40 CFR 52.2170
below. EPA has made, and will continue to make, these materials
generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rule of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.
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, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 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).
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 June 10, 2022. 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 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 2, 2022.
KC Becker,
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:
0
a. The table in paragraph (c) is amended by revising the entry
``74:36:01:01''.
0
b. The table in paragraph (e) is amended by adding the entry ``XXVII.
South Dakota Codified Laws, 34A-1-2, 34A-1-58.1, 34A-1-60 and 34A-1-
63'' in numerical order.
The revision and addition 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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Statewide
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* * * * * * *
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74:36:01. Definitions
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74:36:01:01................... Definitions...... 04/19/2021 5/11/2022 [insert Federal ................
Register
citation], 4/11/
2022.
* * * * * * *
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* * * * *
(e) * * *
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State EPA
Rule title effective effective Final rule citation, date Comments
date date
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* * * * * * *
XXVII. South Dakota Codified 4/19/21 5/11/2022 [insert Federal Register .................
Laws, 34A-1-2, 34A-1-58.1, 34A-1- citation], 4/11/2022.
60 and 34A-1-63.
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[FR Doc. 2022-07416 Filed 4-8-22; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.