[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Rules and Regulations]
[Pages 45457-45459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18038]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0348; FRL-9839-8]


Approval and Promulgation of State Implementation Plans; State of 
North Dakota; Interstate Transport of Pollution for the 2006 PM2.5 
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving portions of a State Implementation Plan (SIP) 
submission from the State of North Dakota which demonstrates that its 
SIP meets certain interstate transport requirements of the Clean Air 
Act (``Act'' or ``CAA'') for the 2006 fine particulate matter 
(``PM2.5'') National Ambient Air Quality Standards 
(``NAAQS''). Specifically, EPA is approving the portion of the North 
Dakota SIP submission that addresses the CAA requirement prohibiting 
emissions from North Dakota sources from significantly contributing to 
nonattainment of the 2006 PM2.5 NAAQS in any other state or 
interfering with maintenance of the 2006 PM2.5 NAAQS by any 
other state.

DATES: Effective Date: This final rule is effective August 28, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2012-0348. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. EPA requests that if at all 
possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8:00 a.m. 
to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 
Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104, 
[email protected].

SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials NAAQS mean or refer to National Ambient Air 
Quality Standards.
    (iv) The initials SIP mean or refer to State Implementation Plan.
    (v) The initials NDDH mean or refer to the North Dakota Department 
of Health.
    (vi) The words North Dakota and State mean the State of North 
Dakota.

 Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On October 17, 2006 EPA promulgated a new NAAQS for 
PM2.5, revising the level of the 24-hour PM2.5 
standard to 35 [mu]g/m\3\ and retaining the level of the annual 
PM2.5 standard at 15 [mu]g/m\3\. (71 FR 61144). By statute, 
SIPs meeting the ``infrastructure'' requirements of CAA sections 
110(a)(1) and (2) are to be submitted by states within three years 
after promulgation of a new or revised standard. Among the 
infrastructure requirements of section 110(a)(2) are the ``interstate 
transport'' requirements of section 110(a)(2)(D).
    CAA section 110(a)(2)(D)(i) identifies four distinct elements 
related to the evaluation of impacts of interstate transport of air 
pollutants. In this action for the state of North Dakota, EPA is 
addressing the first two elements of section 110(a)(2)(D)(i) with 
respect to the 2006 PM2.5 NAAQS.\1\ The first element of 
section 110(a)(2)(D)(i) requires that each SIP for a new or revised 
NAAQS contain adequate provisions to prohibit any source or other type 
of emissions activity within the state from emitting air pollutants 
that will ``contribute significantly to nonattainment'' of the NAAQS in

[[Page 45458]]

another state. The second element of CAA section 110(a)(2)(D)(i) 
requires that each SIP for a new or revised NAAQS contain adequate 
provisions to prohibit any source or other type of emissions activity 
in the state from emitting pollutants that will ``interfere with 
maintenance'' of the applicable NAAQS in any other state.
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    \1\ This action does not address the two elements of the 
transport SIP provision (in CAA section 110(a)(2)(D)(i)(II)) 
regarding interference with measures required to prevent significant 
deterioration of air quality or to protect visibility in another 
state. We will act on these elements in a separate rulemaking.
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    On August 12, 2010, the North Dakota Department of Health (NDDH) 
provided a submission to EPA certifying that North Dakota's SIP is 
adequate to implement the 2006 PM2.5 NAAQS for all the 
``infrastructure'' requirements of CAA section 110(a)(2). This 
submission included a transport analysis to support the conclusion that 
North Dakota's SIP meets the requirements of CAA section 
110(a)(2)(D)(i)(I) for this NAAQS.\2\
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    \2\ NDDH's submission, dated August 12, 2010, is included in the 
docket for this action.
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    On May 13, 2013 (78 FR 27888), EPA proposed to approve the 
110(a)(2)(D)(i)(I) portion of NDDH's August 12, 2010 submission. As 
described in detail in that notice, we based our proposed approval on 
modeling performed for the Cross State Air Pollution Rule (August 8, 
2011, 76 FR 48208). Using the results of that modeling, we determined 
that emissions from North Dakota do not significantly contribute to 
nonattainment or interfere with maintenance of the 2006 
PM2.5 NAAQS in any other state. As a result, we proposed to 
conclude that North Dakota's existing SIP is adequate to address the 
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 
PM2.5 NAAQS, and that additional control measures in North 
Dakota are not necessary for this purpose.

II. Response to Comments

    EPA did not receive any comments on the May 13, 2013 proposal.

III. Final Action

    EPA is approving the 110(a)(2)(D)(i)(I) portion of North Dakota's 
August 12, 2010 SIP submission. For reasons described in the proposal 
for this action, we conclude that the existing SIP is adequate to 
address the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 
PM2.5 NAAQS.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
Accordingly, this action merely approves 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 September 27, 2013. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
Organic Compounds.

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

    Dated: July 12, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read 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 JJ--North Dakota

    2. Section 52.1833 is amended by designating existing paragraph as 
(a) and adding paragraph (b) to read as follows:


Sec.  52.1833  Section 110(a)(2) infrastructure requirements.

* * * * *
    (b) On August 12, 2010, Tom Bachman, Senior Environmental Engineer, 
North Dakota Department of Health, submitted a completeness criteria 
checklist which provides the State of North Dakota's SIP provisions 
which meet the requirements of CAA

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Section 110(a)(1) and (2). The following element is approved for the 
2006 PM2.5 NAAQS: (D)(i)(I).

[FR Doc. 2013-18038 Filed 7-26-13; 8:45 am]
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