[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22788]
[[Page Unknown]]
[Federal Register: September 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-5072-2]
Prevention of Significant Deterioration; South Dakota; Delegation
of Authority
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is providing notice that it granted delegation of
authority to the State of South Dakota on July 6, 1994 to implement and
enforce the Federal Prevention of Significant Deterioration (PSD)
permitting regulations. This delegation was a result of a November 12,
1993 request for delegation from the State. EPA is consequently
revising 40 CFR 52.2178 to indicate that all future PSD permit
applications and information should be submitted to the South Dakota
Department of Environment and Natural Resources, rather than to the EPA
Region VIII office.
DATES: The delegation of PSD authority became effective on July 6,
1994.
ADDRESSES: Copies of the delegation of authority request are available
for inspection during normal business hours at the following offices:
Air Programs Branch, U.S. Environmental Protection Agency, Region VIII,
999 18th Street, Suite 500, Denver, Colorado 80202-2466; and the
Division of Environmental Regulation, Department of Environment and
Natural Resources, Joe Foss Building, Pierre, South Dakota 57501.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, Air Programs
Branch, U.S. Environmental Protection Agency, Region VIII, 999 18th
Street, Suite 500, Denver, Colorado 80202-2466, (303) 293-1765.
SUPPLEMENTARY INFORMATION: On November 12, 1993, the Governor of South
Dakota submitted a request for delegation of authority to implement and
enforce the Federal PSD permitting regulations. After a thorough review
of the State's implementation and enforcement procedures, the Regional
Administrator determined that such delegation was appropriate subject
to the conditions set forth in the following official letter to the
Secretary of the South Dakota Department of Environment and Natural
Resources. Therefore, pursuant to the authority delegated to him by the
Administrator, the Regional Administrator has formally notified the
Secretary of the South Dakota Department of Environment and Natural
Resources by the following letter that EPA has relinquished full PSD
regulatory authority in accordance with 40 CFR 52.21(u) to the State of
South Dakota, effective July 6, 1994:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
July 6, 1994
Robert E. Roberts,
Secretary, Department of Environment and Natural Resources, Joe Foss
Building, 523 East Capitol, Pierre, South Dakota 57501-3181
Dear Mr. Roberts: Thank you for your November 12, 1993 request
for delegation of Prevention of Significant Deterioration (PSD)
authority to South Dakota. The intent of delegating PSD authority is
to reduce duplicate new source permit reviews by our respective air
programs and provide prospective applicants with one less agency to
deal with in obtaining a construction permit.
Region VIII staff have evaluated the practices and procedures
used by the State of South Dakota for review of construction permit
applications and have determined that the technical, administrative,
and enforcement elements of the State's air program are adequate to
implement a delegated PSD program. Therefore, the EPA hereby grants
to the State of South Dakota authority to implement the PSD
regulations found in 40 CFR 52.21 and any subsequent revisions to
the regulations, as well as determinations and interpretations which
EPA makes related to the regulations. This delegation is made in
accordance with the provisions found in 40 CFR 52.21(u), Delegation
of Authority.
This delegation is based upon the following terms and
conditions:
1. Authority is delegated for all sources located in the State
of South Dakota subject to review for the Prevention of Significant
Deterioration. This includes all source categories listed in 40 CFR
52.21 for each pollutant regulated by the Clean Air Act. However,
this delegation does not include sources proposing to construct on
Indian Reservations in accordance with 40 CFR 52.21(u)(3). Further
information on EPA's interpretation of ``Indian Reservations'' will
be forthcoming in future rulemaking actions.
2. The South Dakota Department of Environment and Natural
Resources (SDDENR) and EPA will develop a communication system which
accomplishes the following:
a. The EPA will ensure that the Aerometric Information Retrieval
System/AIRS Facility Subsystem (AIRS-AFS) is updated to include the
most recent compliance information as of the time of this delegation
for sources in the State of South Dakota which have been issued a
PSD permit by EPA.
b. The SDDENR will forward to the EPA, at the onset of the
public comment period, a summary of (1) the findings related to each
PSD application and (2) the justification of the SDDENR's
preliminary determination. Should there be comments or concerns
about the pending PSD permit, EPA will communicate these comments
and concerns to the SDDENR as soon as possible before the closing of
the public comment period.
c. The SDDENR will forward to EPA copies of the final actions on
PSD permit applications at the time of issuance.
d. The status of incomplete permit applications will be provided
to EPA on an as needed basis.
3. Prior EPA concurrence is to be obtained on any matter
involving the interpretation of sections 160-169 of the Clean Air
Act or 40 CFR 52.21 to the extent that implementation, review,
administration or enforcement of these sections have not been
covered by EPA determinations or guidance.
4. This delegation of authority becomes effective as of the date
of this letter. Where it is convenient to both SDDENR and EPA and a
benefit to the applicant, any PSD review already initiated by EPA
prior to this delegation shall be transferred to the SDDENR for
completion.
5. The primary responsibility for enforcement of the PSD
regulations in the State of South Dakota will rest with the SDDENR.
The SDDENR will enforce the provisions and regulations that pertain
to the PSD program. If the State enforces the delegated provisions
in a manner inconsistent with the terms and conditions of this
delegation of the Clean Air Act, EPA may exercise its enforcement
authority contained in the Clean Air Act with respect to sources
within the State of South Dakota subject to the PSD provisions.
6. If the Regional Administrator determines that the State is
not implementing or enforcing the PSD program in accordance with the
terms and conditions of this delegation, the requirements of 40 CFR
section 52.21, or the Clean Air Act, this delegation, after
consultation with the SDDENR, may be revoked in whole or in part.
Any such revocation shall be effective as of the date specified in a
Notice of Revocation to the State.
7. Permits issued under this delegation should contain language
stating that the PSD requirements have been satisfied.
8. The SDDENR will report to EPA by means of the AIRS-AFS the
compliance status of subject sources.
9. The State will at no time grant any waivers to the permit
requirements, approve any compliance schedule, or issue any
administrative order which violates any presently effective PSD
provisions.
10. The SDDENR will not accept dispersion modeling which is not
consistent with 40 CFR Part 51, Appendix W--Guideline on Air Quality
Models (Revised), without receiving prior concurrence from EPA. The
SDDENR will consider new information on the dispersion modeling and
other aspects of PSD as periodically issued by EPA.
A notice announcing this delegation will be published in the
Federal Register in the near future. Unless EPA receives written
notice from the SDDENR of objections within 10 days of the receipt
of this letter, it will be deemed that the State has accepted all
the terms and conditions of this delegation.
Sincerely,
Kerrigan Clough,
Acting Regional Administrator.
The Regional Administrator finds good cause for foregoing prior
public notice and for making this rulemaking effective immediately in
that it is an administrative change and not one of substantive content.
No additional substantive burdens are imposed on the parties affected.
This delegation became effective on July 6, 1994. Therefore, it serves
no purpose to delay the technical change of this addition of the State
address to the Code of Federal Regulations.
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Environmental protection,
Hydrocarbons, Intergovernmental relations, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Dated: September 6, 1994.
Jack W. McGraw,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart QQ--South Dakota
2. Section 52.2178 is amended by adding a new paragraph (c) to read
as follows:
Sec. 52.2178 Significant deterioration of air quality.
* * * * *
(c) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of South Dakota, except
from those sources proposing to locate on Indian reservations, shall be
submitted to the Director of the Division of Environmental Regulation,
Department of Environment and Natural Resources, Joe Foss Building,
Pierre, South Dakota 57501 instead of the EPA Region VIII office.
[FR Doc. 94-22788 Filed 9-14-94; 8:45 am]
BILLING CODE 6560-50-P
