Code of Federal Regulations Title 40. Protection of Environment § 40.52.2173 Legal authority

(a) The requirements of § 51.230(f) of this chapter are not met since the South Dakota Compiled Law 34–16A–21 provides that data which relates to processes or production unique to the owner or which tend to adversely affect a competitive position of the owner shall be held confidential.

(b) Delegation of authority:  Pursuant to section 114 of the Act, South Dakota requested a delegation of authority to enable it to collect, correlate and release emission data to the public. The Administrator has determined that South Dakota is qualified to receive a delegation of the authority it requested. Accordingly, the Administrator delegates to South Dakota his authority under sections 114(a)(1) and (2) and section 114(c) of the Act, i.e., authority to collect, correlate, and release emission data to the public.