Prevention of Significant Deterioration; South Dakota; Delegation of Authority

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]

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