[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Proposed Rules]
[Pages 68449-68452]
[FR Doc No: 2021-26140]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0401; FRL-9305-01-R4]

Air Plan Approval; Georgia; Emissions Statements Requirements for
the 2015 8-Hour Ozone Standard Atlanta Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) revisions submitted by the
State of Georgia through the Georgia Environmental Protection Division
(GA EPD) on July 2, 2020, and November 4, 2021. Both submittals address
the emissions statements requirements for the 2015 8-hour ozone
national ambient air quality standards (NAAQS) for the Atlanta, Georgia
2015 8-hour ozone nonattainment area (hereinafter referred to as the
``Atlanta Area''). These requirements apply to all ozone nonattainment
areas. The Atlanta Area is comprised of seven counties in and around
metropolitan Atlanta (Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett,
and Henry). This action is being proposed pursuant to the Clean Air Act
(CAA or Act).

DATES: Comments must be received on or before January 3, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0401 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov.

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. 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, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9088. Ms. Bell can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2015, EPA promulgated a revised 8-hour primary and
secondary ozone NAAQS, strengthening both from 0.075 parts per million
(ppm) to 0.070 ppm (the 2015 8-hour Ozone NAAQS). See 80 FR 65292
(October 26, 2015). The 2015 8-hour ozone NAAQS is set at 0.070 ppm
based on an annual fourth-highest daily maximum 8-hour average
concentration averaged over three years. Under EPA's regulations at 40
CFR part 50, the 2015 8-hour ozone NAAQS is attained when the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ambient air quality ozone concentration is less than or equal to 0.070
ppm. See 40 CFR 50.19. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. The ambient air
quality monitoring data completeness requirement is met when the
average percentage of days with valid ambient monitoring data is
greater than 90 percent, and no single year has less than 75 percent
data completeness as determined using Appendix U of part 50.
    Upon promulgation of a new or revised ozone NAAQS, the CAA requires
EPA to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. On April 30, 2018, EPA
designated a 7-county area in and around metropolitan Atlanta as a
marginal ozone nonattainment area for the 2015 8-hour ozone NAAQS.\1\
The Atlanta Area was designated nonattainment for the 2015 8-hour ozone
NAAQS on April 30, 2018 (effective August 3, 2018) using 2014-2016
ambient air quality data. See 83 FR 25776 (June 4, 2018). On December
6, 2018, EPA finalized a rule titled ``Implementation of the 2015
National Ambient Air Quality Standards for Ozone: Nonattainment Area
State Implementation Plan Requirements'' (SIP Requirements Rule) that
establishes the requirements that state, tribal, and local air quality
management agencies must meet as they develop implementation plans for
areas where air quality exceeds the 2015 8-hour ozone NAAQS.\2\ See 83
FR 62998 (December 6, 2018); 40 CFR part 51, subpart CC. This rule
establishes nonattainment area attainment dates based on Table 1 of
section 181(a) of the CAA, including an attainment date of August 3,
2021, three years after the August 3, 2018, designation effective date,
for areas classified as marginal for the 2015 8-hour ozone NAAQS. Based
on the nonattainment designation, Georgia was required to develop a SIP
revision addressing certain CAA requirements for the Atlanta Area,
including, pursuant to CAA section 182(a)(3)(B), a SIP revision
addressing the emissions statements requirements.
---------------------------------------------------------------------------

    \1\ The nonattainment area for the 2015 8-hour ozone standard
consists of the following counties: Bartow, Clayton, Cobb, DeKalb,
Fulton, Gwinnett, and Henry.
    \2\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2015 8-hour ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress, reasonably available control technology,
reasonably available control measures, major nonattainment new
source review, emission inventories, and the timing of SIP
submissions and compliance with emission control measures in the
SIP.
---------------------------------------------------------------------------

    Ground level ozone is not emitted directly into the air but is
created by chemical reactions between oxides of nitrogen
(NOX) and volatile organic compounds (VOC) in the presence
of sunlight. Emissions from industrial facilities and electric
utilities, motor vehicle exhaust, gasoline vapors, and chemical
solvents are some of the major sources of NOX and VOC.
Section 182(a)(3)(B) of the CAA requires states with ozone
nonattainment areas to submit a SIP revision requiring annual emissions
statements to be submitted to the state by the owner or operator of
each NOX and VOC stationary source. However, a state may
waive the emissions statements requirements for any class or category
of stationary sources which emit less than 25 tons per year (tpy) of
VOC or NOX if the state provides an inventory of emissions
as required by CAA section 182 that accounts for emissions from those
sources. See CAA section 182(a)(3)(B)(ii). The first statement is due
three years from the area's nonattainment designation, and subsequent
statements are due at least annually thereafter.
    On July 2, 2020, Georgia submitted a SIP revision to address the
emissions statements requirements related to the 2015 8-hour ozone
NAAQS for the Atlanta Area.\3\ On June 28, 2021, to correct a
deficiency in the July 2, 2020, submittal, GA EPD submitted a draft SIP
revision supplementing that SIP submittal along with a parallel
processing request.\4\ Subsequently, on November 4, 2021, Georgia
submitted the draft June 28, 2021, SIP submittal in final form, thus
negating the need for EPA to parallel process the draft June 28, 2021,
SIP submittal. EPA is proposing to approve the July 2, 2020, SIP
submittal as updated by the November 4, 2021, SIP submittal, as meeting
the requirements of section 182(a)(3)(B) of the CAA and associated
federal regulations. EPA's analysis of these SIP revisions and how they
address the emissions statements requirements is discussed in the
analysis of state's submittal section of this notice.
---------------------------------------------------------------------------

    \3\ In the July 2, 2020, SIP revision, GA EPD submitted a
certification that existing Georgia rules satisfy the permit program
requirements in section 172(c)(5) and section 173 of the CAA. GA EPD
also provided an emissions inventory to satisfy the requirements in
section 182(a)(1) of the CAA. EPA will take action on these SIP
revisions in separate rulemakings.
    \4\ Georgia's July 2, 2020, SIP revision included a request for
conditional approval regarding the emissions statements
requirements. Under CAA section 110(k)(4), EPA may conditionally
approve a SIP revision based on a commitment from a state to adopt
specific enforceable measures by a date certain, but not later than
one year from the date of approval. Georgia's November 4, 2021, SIP
revision supplements the July 2, 2020, submittal described later in
this section and renders the conditional approval request moot as
discussed in section II.
---------------------------------------------------------------------------

II. Analysis of State's Submittal

    As discussed above, section 182(a)(3)(B) of the CAA requires states
to submit a SIP revision requiring the owner or operator of each
NOX and VOC stationary source located in an ozone
nonattainment area to submit to the state annual emissions statements.
The first statement is due three years from

the area's nonattainment designation, and subsequent statements are due
at least annually thereafter.
    In 1996, EPA incorporated Georgia Rule 391-3-1-.02(6)(a)4,
Emissions Statements, into the SIP. See 61 FR 3819 (February 2, 1996).
At that time, this regulation applied to stationary sources within
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties. Georgia
subsequently amended the regulation to, among other things, include
Bartow and Newton Counties thereby covering the entire Atlanta Area.
EPA incorporated these amendments into the SIP in 2009. See 74 FR 62249
(November 27, 2009). In Georgia's July 2, 2020, SIP revision, Georgia
certified that this SIP-approved regulation meets the requirements of
CAA Section 182(a)(3)(B) for the Area.\5\ Georgia's SIP-approved
regulation at 391-3-1-.02(6)(a)4(iii) states that the emissions
statements requirements in 391-3-1-.02(6)(a)4 apply to all stationary
sources of nitrogen oxides or volatile organic compounds which emit
more than 25 tons per calendar of either pollutant and are located in
Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton,
Paulding, Rockdale, Spalding, or Walton counties. Pursuant to section
182(a)(3)(B), however, emissions statements are required for all
sources that emit 25 tons per year or more of either pollutant if the
waiver criteria are met. Therefore, Georgia requested conditional
approval of its July 2, 2020, SIP revision and committed to satisfy
section 182(a)(3)(B) for the 2015 8-hour ozone NAAQS by revising
Georgia Rule 391-3-1-.02(6)(a)4(iii) so that emissions reporting is
also required for sources that emit exactly 25 tons of VOC or
NOX per calendar year. The State committed to adopt this
rule revision no later than one year after EPA's conditional approval
of Georgia's July 2, 2020, SIP revision.
---------------------------------------------------------------------------

    \5\ As discussed in the preamble to the SIP Requirements Rule, a
state may rely on emissions statement rules in force and approved by
EPA for the 2015 8-hour ozone NAAQS provided that the rules remain
adequate and cover all portions of the 2015 ozone NAAQS
nonattainment areas. See 83 FR 62998 (December 6, 2018).
---------------------------------------------------------------------------

    On June 28, 2021, Georgia submitted a draft SIP revision for
parallel processing to supplement the July 2, 2020 SIP revision. The
June 28, 2021, submittal includes the new draft of Georgia Rule 391-3-
1-.02(6)(a)4(iii) and states that the aforementioned change to the rule
was presented to the Georgia Department of Natural Resources Board of
Directors (DNR Board) for adoption at its September 28, 2021, meeting,
along with changes to the rule to reflect only the counties comprising
the Atlanta Area. The submittal says that the changes will be submitted
to EPA as a SIP revision. The draft June 28, 2021, SIP revision was
submitted in final form on November 4, 2021.
    As allowed by CAA section 182(a)(3)(B)(ii), Georgia waived the
emissions statements requirement for stationary sources emitting less
than 25 tpy of NOX or VOC because the State included these
emissions in an emissions inventory it submitted to EPA pursuant to CAA
section 182(a)(1) for the Atlanta Area. CAA section 182(a)(3)(B)(ii)
allows the state to waive the application of emissions statements
requirements to any class or category of stationary sources which emit
less than 25 tons per year of VOC or NOX if the State, in
its submissions under section 182(a)(1) or 182(a)(3)(A),\6\ provides an
inventory of emissions from such class or category of sources, based on
the use of the emission factors established by the Administrator or
other methods acceptable to the Administrator.
---------------------------------------------------------------------------

    \6\ CAA section 182(a)(3)(A) contains a triennial emissions
inventory requirement.
---------------------------------------------------------------------------

    Pursuant to CAA Section 182(a)(1), Georgia is required to submit a
comprehensive, accurate, current inventory of actual emissions from all
sources, as described in CAA section 172(c)(3), in accordance with
guidance provided by the Administrator. CAA Section 172(c)(3) states,
``Such plan provisions shall include a comprehensive, accurate, current
inventory of actual emissions from all sources of the relevant
pollutant or pollutants in such area including such periodic revisions
as the Administrator may determine necessary to assure that the
requirements of this part are met.'' Georgia's July 2, 2020, SIP
revision includes an emissions inventory submitted pursuant to CAA
section 182(a)(1) and states that it was prepared consistent with 83 FR
62998, ``Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements,'' and 40 CFR part 51.1315.'' Stationary sources emitting
less than 25 tpy of NOX or VOC are included in Georgia's
inventory in accordance with CAA section 182(a)(3)(B)(ii).
    The emissions inventory that GA EPD provided in its submission to
satisfy the requirements in section 182(a)(1) of the CAA is included in
the docket for this rulemaking. EPA has proposed to approve the
emissions inventory portion of the July 2, 2020, SIP submission in a
separate rulemaking. Given the waiver criteria in section
182(a)(3)(B)(ii), EPA cannot approve the emissions statement portion of
the July 2, 2020, SIP submission as proposed herein unless EPA
finalizes approval of the emissions inventory portion of the submission
in that separate rulemaking.
    EPA has preliminarily determined that Georgia's revised emissions
statements regulation meets the requirements under CAA section
182(a)(3)(B) and the SIP Requirements Rule for the 2015 8-hour ozone
NAAQS. Therefore, a conditional approval of the July 2, 2020, SIP
submittal is no longer necessary. Accordingly, EPA is proposing to
approve the July 2, 2020, SIP submittal, as updated by the November 4,
2021, SIP submittal.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Rule 391-3-1-.02(6)(a)4(iii), state-effective October 25,
2021. EPA has made and will continue to make these materials generally
available through www.regulations.gov and at the EPA Region 4 office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve the July 2, 2020, SIP revision, as
updated by the November 4, 2021, SIP submittal, related to the
emissions statements requirements for the 2015 8-hour ozone NAAQS for
the Atlanta Area. EPA has preliminarily determined that Georgia's SIP
revisions requesting approval meet the requirements of CAA section
182(a)(3)(B).\7\ EPA proposes to find that the aforementioned
submissions meet the requirements of sections 110 and 182 of the CAA.
---------------------------------------------------------------------------

    \7\ As discussed in section II, EPA cannot approve the emissions
statement portion of the July 2, 2020, SIP submission as proposed
herein unless EPA finalizes approval of the emissions inventory
portion of the submission.
---------------------------------------------------------------------------

V. 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. See 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 they meet the criteria of the

CAA. This proposed 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
proposed 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 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).
    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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: November 26, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-26140 Filed 12-1-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 18, 2007 (Volume 72, Number 74)]
[Notices]
[Page 19488-19489]
[DOCID:fr18ap07-44]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Declaration of Intention and Soliciting Comments,
Protests, and/or Motions to Intervene

April 11, 2007.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention.
    b. Docket No: DI07-7-000.
    c. Date Filed: March 22, 2007.
     d. Applicant: Rodney Medlicott.
     e. Name of Project: U.S. Survey 295 Micro Hydro Project.
     f. Location: The proposed U.S. Survey 295 Micro Hydro Project will
be located on an unnamed creek and on Wolf Creek, tributary to Moser
Bay, near the town of Ketchikan, Alaska, affecting T. 73 S., R. 91 E,
sec. 7, Copper River Meridian.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. Sec.  817(b).
    h. Applicant Contact: Rodney Medlicott, Post Office Box 383, Hope,
ID 83836; telephone:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    i. FERC Contact: Any questions on this notice should be addressed
to Henry Ecton,<PHONE_NUMBER>, or E-mail address:
<EMAIL_ADDRESS>
    j. Deadline for filing comments, protests, and/or motions: May 11,
2007.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments, protests, and/or interventions may be
filed electronically

via the Internet in lieu of paper. Any questions, please contact the
Secretary's Office. See, 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site at http://www.ferc.gov.

    Please include the docket number (DI07-7-000) on any comments,
protests, and/or motions filed.
    k. Description of Project: The proposed run-of-river U.S. Survey
295 Micro Hydro Project would include: (1) A 7-foot-long, 3-foot-high
diversion structure, with a 10-inch pipe directing water into a 2,000
gallon plastic tank; (2) a8-inch-diameter, 1,000-foot-long pipe,
connected to the powerhouse; (3) a 12-foot-square powerhouse containing
a 10-kW turbine/generator; (4) an 800-foot-long transmission line,
connected to an existing residence; and (5) appurtenant facilities. The
project will not be connected to an interstate grid, and will not
occupy any tribal or federal lands.
    When a Declaration of Intention is filed with the Federal Energy
Regulatory Commission, the Federal Power Act requires the Commission to
investigate and determine if the interests of interstate or foreign
commerce would be affected by the project. The Commission also
determines whether or not the project: (1) Would be located on a
navigable waterway; (2) would occupy or affect public lands or
reservations of the United States; (3) would utilize surplus water or
water power from a government dam; or (4) if applicable, has involved
or would involve any construction subsequent to 1935 that may have
increased or would increase the project's head or generating capacity,
or have otherwise significantly modified the project's pre-1935 design
or operation.
    l. Locations of the Application: Copies of this filing are on file
with the Commission and are available for public inspection. This
filing may be viewed on the Web at http://www.ferc.gov using the

``eLibrary'' link, select ``Docket'' and follow the
instructions. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or TTY,

contact<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
     o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', and/
or ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of
the particular application to which the filing refers. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
     p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-7310 Filed 4-17-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Rules and Regulations]
[Pages 23489-23491]
[FR Doc No: 2013-09199]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0085]
RIN 1625-AA00

Safety Zone; V.I. Carnival Finale, St. Thomas Harbor; St. Thomas,
U.S.V.I.

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone on the waters of
St. Thomas Harbor in St. Thomas, U.S. Virgin Islands during the V.I.
Carnival Finale, a firework display. The event is scheduled to take
place on Saturday, April 27, 2013, and will entail a barge being
positioned near the St. Thomas Harbor channel from which fireworks will
be lit. The safety zone is necessary to ensure the safety of vessels,
spectators, and the public on the navigable waters of the United States
during the event. Persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
unless authorized by the Captain of the Port San Juan.

DATES: This rule is effective on April 27, 2013, from 5 p.m. until 10
p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0085. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Anthony Cassisa, Sector San Juan
Prevention Department, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published a notice of proposed rulemaking (NPRM) on
March 14, 2013, in the Federal Register (78 FR 16208). The Coast Guard
received no public comments in the docket and no requests for public
meetings.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because it is impracticable to do
so. The Coast Guard did not receive information from the event sponsor
early enough to both publish a NPRM

and allow 30 days after publication before making this rule effective.
The Coast Guard chose to notify the public and seek comment on this
rule by publishing an NPRM. This final rule is necessary to protect the
public and commercial traffic during the firework display, and
therefore, must be effective by the start of the event on April 27,
2013.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    On April 27, 2013, Fireworks by Grucci and Left Lane Productions
are sponsoring the V.I. Carnival Finale, a firework display event. The
event will be held on the waters of St. Thomas Harbor, St. Thomas, U.
S. Virgin Islands. Fireworks will be launched from a barge stationed
near the St. Thomas Harbor channel.
    The purpose of the rule is to protect the public from the hazards
associated with the launching of fireworks over navigable waters of the
United States.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in the docket for this
rulemaking. We made no changes to the regulation as originally
proposed.
    This safety zone encompasses waters in St. Thomas Harbor. The zone
will be enforced from 5 p.m. until 10 p.m. on April 27, 2013. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within the safety zone unless authorized by the
Captain of the Port.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the safety zone by contacting the
Captain of the Port San Juan or a designated representative. If
authorization to enter, transit through, anchor in, or remain within
the safety zone is granted, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port San Juan or a designated representative.
    The Coast Guard will provide notice of the safety zone by Local
Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this proposed rule is not significant for
the following reasons: (1) The safety zone will be enforced for only
five hours; (2) persons and vessels may operate in the surrounding area
during the enforcement period; (3) persons and vessels may still enter,
transit through, anchor in, or remain within the safety zone during the
enforcement period if authorized by the Captain of the Port San Juan or
a designated representative; and (4) the Coast Guard will provide
advance notification of the safety zone to the local maritime community
by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received zero comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    This rule may affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of St. Thomas
Harbor encompassed within the safety zone from 5 p.m. until 10 p.m. on
April 27, 2013. For the reasons discussed in the Regulatory Planning
and Review section above, this rule will not have a significant
economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone around a barge during a
fireworks display will be enforced for five hours. This rule is
categorically excluded under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T07-0085 to read as follows:

Sec.  165.T07-0085  Special Local Regulation; V.I. Carnival Finale, St.
Thomas Harbor; St. Thomas, U.S. Virgin Islands.

    (a) Regulated Area. The following area is established as a safety
zone: all waters within a 800 foot radius of 18[deg]20.200N,
64[deg]55.200W. Coordinates are North American Datum 1983. Persons and
vessels are prohibited from entering, transiting through, anchoring in,
or remaining within the safety zone unless authorized by the Captain of
the Port San Juan.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port San Juan in the enforcement of the regulated area.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone,
unless authorized by the Captain of the Port San Juan or those
participating in the firework display.
    (2) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port San Juan by telephone at<PHONE_NUMBER>, or a
designated representative via VHF radio on channel 16. If authorization
is granted, all persons and vessels must comply with the instructions
of the Captain of the Port San Juan or a designated representative.
    (3) The Coast Guard will provide notice of the safety zone by Local
Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 5:00 p.m.
until 10:00 p.m. on Saturday, April 27, 2013.

    Dated: April 5, 2013.
D.M. Flaherty,
Captain, U.S. Coast Guard, Acting Captain of the Port, San Juan.
[FR Doc. 2013-09199 Filed 4-18-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40136-40138]
[FR Doc No: 2013-16035]

=======================================================================
-----------------------------------------------------------------------

 ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0231; FRL-9384-5]

Metaldehyde; Amendment To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces EPA's order for the amendment to
terminate uses, voluntarily requested by the registrant and accepted by
the Agency, of a product containing metaldehyde, pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order
follows a March 23, 2012 Federal Register Notice of Receipt of a
Request from the registrant listed in Table 2 of Unit II. to
voluntarily amend to terminate uses of this product registration. This
is not the last product containing this pesticide registered for use in
the United States. In the March 23, 2012 notice, EPA indicated that it
would issue an order implementing the amendment to terminate uses,
unless the Agency received substantive comments within the 180-day
comment period that would merit its further review of these requests,
or unless the registrant withdrew its request. The Agency received
comments on the notice but none merited its further review of the
requests. Further, the registrant did not withdraw its request.
Accordingly, EPA hereby issues in this notice a cancellation order
granting the requested amendment to terminate uses. Any distribution,
sale, or use of the products subject to this cancellation order is
permitted only in accordance with the terms of this order, including
any existing stocks provisions.

DATES: The amendment is effective July 3, 2013.

FOR FURTHER INFORMATION CONTACT: Jill Bloom, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0231, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the agency taking?

    This notice announces the amendment to terminate uses, as requested
by the registrant of a product registered under FIFRA section 3. The
EPA registration number and product name are shown in Table 1 of this
unit.

                       Table 2--Metaldehyde Product Registration Amendment To Delete Uses
----------------------------------------------------------------------------------------------------------------
      EPA Registration No.              Product name                 Uses deleted--all but the following:
----------------------------------------------------------------------------------------------------------------
6836-107.......................  Lonza Meta Metaldehyde      Artichokes, blueberries, caneberries (bingleberry,
                                  Technical Molluscicide.     black raspberry, blackberry, boysenberry,
                                                              dewberry, lowberry, marionberry, olallieberry, red
                                                              raspberry, youngberry) and other berries (currant,
                                                              elderberry, gooseberry, huckleberry, loganberry,
                                                              lingonberry, juneberry, salal), citrus, lettuce,
                                                              cole crops and other leafy greens (broccoli,
                                                              Brussels sprouts, cabbage, cauliflower, cavalo
                                                              broccolo, collards, kale, kohlrabi, mizuna,
                                                              mustard greens, mustard spinach, rape greens),
                                                              grass grown for seed, ornamentals, prickly pear
                                                              cactus, tomato, strawberry, watercress, and use
                                                              sites with directions for use in state and/or
                                                              Federal invasive mollusk eradication operations.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and address of record for
the registrant of the product in Table 1 of this unit, in sequence by
EPA company number. The company number corresponds to the first part of
the EPA registration number of the product listed above.

                Table 3--Registrants of Amended Products
------------------------------------------------------------------------
           EPA company No.                 Company name and address
------------------------------------------------------------------------
6836................................  Lonza, Inc.
                                      90 Boroline Road
                                      Allendale, NJ 07401
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    A summary of the public comments in response to March 23, 2013
notice and the Agency's responses to those comments are provided below.
    IR-4 Project Headquarters at Rutgers University (IR-4) requested
that certain uses for which the registrant has

requested termination remain registered. IR-4 submitted a petition
(PP2E8070) on July 30, 2012, in support of proposed tolerances
for grass grown for seed, leaf petioles, peppermint, spearmint,
wetland, Caneberry subgroup 13-07A, Bushberry subgroup 13-07B and Berry
low growing subgroup 13-07G. IR-4 noted that, since the petition is
currently under review by the Agency, it would be most efficient to
maintain the registrations until the data have been evaluated. IR-4
also noted that it is currently conducting residue studies in support
of minor uses of metaldehyde on legume subgroups 6A, 6B, and 6C,
ginseng, and Pacific Northwest only uses on wheat and root vegetables,
in addition to completing a residue study supporting the use on clover
grown for seed. IR-4 is requesting that these uses also be retained.
Finally, IR-4 requests clarification on whether or not use is permitted
on ornamentals in greenhouses, hoophouses, and other indoor production
structures.
    Oregon State University commented that losing the use of
metaldehyde on the crops included in the IR-4 petition and the ongoing
residue studies would negatively impact slug and snail management in
Oregon, and that growers would be likely to suffer significant economic
losses if metaldehyde was no longer an option for control of these
pests.
    Virginia Polytechnic Institute and State University, University of
Delaware, and the Pennsylvania State University commented on the need
for metaldehyde to control slugs in the Mid-Atlantic region,
particularly on corn, soybean, canola, and other field crops. All three
commenters indicated that while the increased adoption of no-till
cultural practices has many advantages for the grower and the
environment, reduced tillage can result in increased slug populations.
Pest pressure may cause farmers to return to conventional tillage, with
its potential for increased run-off into the Chesapeake Bay.
Additionally, the use of the highly toxic carbamate insecticide
methomyl as a control for slugs has been increasing in the Mid-Atlantic
States since the pest was added via a FIFRA Section 2(ee)
recommendation from the manufacturer. One commenter expressed the view
that that recent studies show methomyl to be of limited efficacy.
    EPA response to all comments: Some of the uses the commenters have
asked the Agency to retain have already been approved, including grass
grown for seed, strawberries, blueberries, and caneberries and
bushberries in the former commodity subgroups 13A and 13B, thus they
need not be covered by this use termination order. The other uses that
IR-4 and other commenters requested be retained have never been listed
explicitly on the label for Registration Number 6836-107. That label
was amended in 2012 to allow formulation only into products for use on
sites determined to be eligible for reregistration and sites
subsequently approved in registration or tolerance actions.
    The metaldehyde uses that would be terminated based on the
registrant's request have not undergone complete human health and
ecological risk assessments, either during the course of reregistration
or subsequently through registration or tolerance actions. The IR-4
program has developed or is developing residue data on some of the uses
the commenters would like to have retained. The tolerance assessments
for the uses of metaldehyde covered by the already submitted petition
are scheduled to be complete in November 2013.
    The risk concerns cited in the metaldehyde Reregistration
Eligibility Decision include risks to wildlife. Until both the human
health and ecological risk assessments are conducted for any uses other
than those covered in Table 1 in Unit II, decisions on the registration
of metaldehyde for other uses, including acceptable use parameters and
directions for use, cannot be made.
    The Agency acknowledges the particular role pesticides play in
managing pest problems in no-till or reduced tillage farming, as well
as the positive impact these farming systems can have on run-off and
water quality. In order for the use of metaldehyde to be permitted in
no-till/reduced tillage field crops, or any other use site mentioned by
the commenters, a full Suite of data, covering both human health and
ecological risk, must be submitted in support of an application to
register that use. The decision to make such applications and to submit
supporting data is typically made by the registrant, although other
entities may take on those responsibilities. Thus the uses that the
commenters would like to have retained could be approved in the future
if the necessary steps to registration are undertaken.
    While we acknowledge the value of metaldehyde in controlling slugs
and snails, particularly outside of conventional tillage, we are unable
at this time to approve the uses the commenters would like to retain.
For this reason, the Agency does not believe that the comments
submitted during the comment period merit denial of the requests for
voluntary use deletion.
    In response to the question about the use of metaldehyde on
ornamentals, the Agency wishes to clarify that approved ornamental uses
include ornamentals in greenhouses, hoophouses, and other indoor
ornamentals production facilities, as well as outdoor plants.
    To address concerns about the efficacy of methomyl for slugs, the
Agency has notified the methomyl registrant about the new efficacy data
from Delaware and is reviewing the information internally.

IV. Order for the Amendment To Terminate Uses

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendment to terminate uses of the metaldehyde registration identified
in Table 1 of Unit II. Accordingly, the Agency hereby orders that the
product registration identified in Table 1 of Unit II. is amended to
terminate the affected uses. The effective date of the amendments that
is the subject of this notice is July 3, 2013. Any distribution, sale,
or use of existing stocks of the products identified in Table 1 of Unit
II. in a manner inconsistent with any of the provisions for disposition
of existing stocks set forth in Unit VI. will be a violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the EPA Administrator may approve
such a request. The notice of receipt for this action was published for
comment on March 23, 2012 (77 FR 17052-17055) (FRL-9342-6). The comment
period closed on September 19, 2012.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
action. The existing stocks provision for the products subject to this
order is as follows.
    Registrants are permitted to sell or distribute products listed in
Table 1 of Unit II. under the previously approved labeling until July
3, 2014, a period of 12 months after publication of the cancellation
order in this Federal

Register, unless other restrictions have been imposed. Thereafter,
registrants will be prohibited from selling or distributing the
products whose labels include the deleted uses identified in Table 1 of
Unit II., except for export consistent with FIFRA section 17 or for
proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of products whose labels include the deleted uses until
supplies are exhausted, provided that such sale, distribution, or use
is consistent with the terms of the previously approved labeling on, or
that accompanied, the deleted uses.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 21, 2013.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2013-16035 Filed 7-2-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Rules and Regulations]
[Pages 21024-21027]
[FR Doc No: 2022-07416]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 www.regulations.gov 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
www.regulations.gov. To reduce the risk of COVID-19 transmission, for
this action we do not

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:<PHONE_NUMBER>, email address: [email protected].

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \3\ SD DANR Merger SIP Submittal, p. 27-28.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \4\ SD DANR Merger SIP Submittal, p. 9.
    \5\ SD DANR Merger SIP Submittal, p.1.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \6\ SD DANR Merger SIP Submittal, p. 2-7.
---------------------------------------------------------------------------

    The SDCL and ARSD approved into South Dakota's SIP as revised are
listed in Table 1 below.\7\
---------------------------------------------------------------------------

    \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
------------------------------------------------------------------------

-------------------------------------------------------------------------
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)
------------------------------------------------------------------------

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

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 https://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 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:
     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 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 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) * * *

----------------------------------------------------------------------------------------------------------------
                                                      State         EPA
           Rule No.                 Rule title      effective    effective       Final rule         Comments
                                                       date         date       citation, date
----------------------------------------------------------------------------------------------------------------
                                                    Statewide
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              74:36:01. Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01...................  Definitions......   04/19/2021    5/11/2022  [insert Federal    ................
                                                                              Register
                                                                              citation], 4/11/
                                                                              2022.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                      State         EPA
            Rule title              effective    effective       Final rule citation, date          Comments
                                       date         date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-07416 Filed 4-8-22; 8:45 am]
BILLING CODE 6560-50-P