[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Rules and Regulations]
[Pages 25021-25025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09855]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0761; FRL-9909-86-Region 8]


Approval and Promulgation of State Implementation Plan Revisions; 
Revisions to the Air Pollution Control Rules; North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the Governor of North 
Dakota on April 14, 2011. The revisions affect North Dakota's air 
pollution control rules regarding general provisions, ambient air 
quality standards (sulfur dioxide (SO2), nitrogen dioxide 
(NOX), and lead), and permitting. EPA acted separately on 
other provisions in the April 14, 2011 submittal related to North 
Dakota's regulation of greenhouse gases (GHGs) under its Prevention of 
Significant Deterioration (PSD) program. This action is being taken 
under section 110 of the Clean Air Act (the Act or CAA).

DATES: This final rule is effective June 2, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2012-0761. All documents in the docket are listed in 
the http://www.regulations.gov index. 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 http://www.regulations.gov or in hard copy at 
the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 
Wynkoop St., 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: Gail Fallon, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, (303) 312-6281, 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

[[Page 25022]]

II. Analysis of SIP Revisions
III. Final Action
IV. Statutory and Executive Orders Review

Definitions

    For the purpose of this document, the following definitions apply:

    (i) The words or initials Act or CAA mean or refer to the 
Federal Clean Air Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials GHG mean or refer to greenhouse gases.
    (iv) The initials NAAQS mean or refer to the National Ambient 
Air Quality Standards.
    (v) The initials NDAC mean or refer to North Dakota 
Administrative Code.
    (vi) The initials NDDH mean or refer to the North Dakota 
Department of Health.
    (vii) The initials NESHAP mean or refer to National Emissions 
Standards for Hazardous Air Pollutants.
    (viii) The initials NOX mean or refer to nitrogen oxides.
    (ix) The initials NPR mean or refer to notice of proposed 
rulemaking.
    (x) The initials NSPS mean or refer to New Source Performance 
Standards.
    (xi) The initials NSR mean or refer to New Source Review.
    (xii) The initials PM2.5 mean or refer to fine particulate 
matter.
    (xiii) The initials PSD mean or refer to Prevention of 
Significant Deterioration.
    (xiv) The initials SIP mean or refer to State Implementation 
Plan.
    (xv) The initials SO2 mean or refer to sulfur dioxide.
    (xvi) The words State or North Dakota mean the State of North 
Dakota, unless the context indicates otherwise.

I. Background

    On February 25, 2014 (79 FR 10448), EPA published a notice of 
proposed rulemaking (NPR) for the State of North Dakota. The NPR 
proposed approval of several revised Air Pollution Control Rules in the 
North Dakota SIP. The revisions to the State rules became effective on 
April 1, 2011. The formal SIP revision was submitted by the State of 
North Dakota on April 14, 2011. The SIP revision involves the following 
chapters of the North Dakota Administrative Code (NDAC): 33-15-01, 
``General Provisions,'' 33-15-02, ``Ambient Air Quality Standards,'' 
and 33-15-14, ``Designated Air Contaminant Sources, Permit to 
Construct, Minor Source Permit to Operate, Title V permit to Operate.'' 
We previously acted on the revisions to NDAC 33-15-15, ``Prevention of 
Significant Deterioration of Air Quality'' in the April 14, 2011 
submittal regarding regulation of GHGs and fine particulate matter 
(PM2.5) under North Dakota's PSD program on October 23, 2012 
(77 FR 64734). The revisions affect North Dakota's air pollution 
control rules regarding general provisions, ambient air quality 
standards (SO2, NOX, and lead), and permitting. 
More background for today's final rule and our rationale for approval 
are discussed in detail in our proposal (see 79 FR 10448, February 25, 
2014). The comment period for the proposal was open for 30 days and 
ended on March 27, 2014. We received no comments. Accordingly, we are 
finalizing our actions as proposed.

II. Analysis of SIP Revisions

    We are approving the April 14, 2011 submittal for numerous 
straightforward SIP revisions to NDAC Chapters 33-15-01, 33-15-02, and 
33-15-14. Additional revisions to NDAC Chapter 33-15-14 for the State's 
minor source permitting program required more in-depth analysis 
regarding the State's revisions to sections 33-15-14-01 and 33-15-14-
02. The revisions to Chapter 33-15-14 changed the permitting 
requirement for sources subject to a new source performance standard 
(NSPS) or national emission standard for hazardous air pollutant 
(NESHAP). Previously, the SIP-approved minor source permit rule 
required any source subject to an NSPS or NESHAP to obtain a permit 
from the State regardless of the quantity of source emissions. The 
North Dakota Department of Health (NDDH) has changed the rule so the 
permit requirement only applies to sources subject to a state-adopted 
NSPS or NESHAP. The State made this change to avoid the burden of 
permitting the numerous oil and gas facilities that became subject to 
the newly promulgated federal NSPS at 40 CFR part 60, subpart OOOO 
(Standards of Performance for Crude Oil and Natural Gas Production, 
Transmission and Distribution). The effect of these revisions is the 
State, by not adopting subpart OOOO into State law (and with no 
intention to adopt it in the future) will not have to permit the 
sources subject to subpart OOOO. Instead, the State will continue to 
rely on an existing exemption for oil and gas production operations at 
subsection 33-15-14-02.13.o and the State's oil and gas registration 
program at Chapter 33-15-20. The sources the State intends to continue 
to exclude from permitting include the multitude of small units, such 
as tanks, engines, and other oil and gas production related units that 
would have otherwise been subject to the State's minor New Source 
Review (NSR) permit program. State permitting requirements aside, 
national emissions standards in any NSPS or NESHAP including 40 CFR 
part 60, subpart OOOO still apply to the subject sources. The revisions 
related to NSPS and NESHAP permitting result in a relaxation of North 
Dakota's SIP since now a narrower subset of minor sources subject to 
NSPS and NESHAP requirements (only those sources subject to NSPS and 
NESHAP requirements that are adopted by the State) are subject to 
permitting. In the analysis in our proposal, EPA acknowledged that 
North Dakota approached this current SIP revision in a prospective 
manner, revising its rules prior to EPA issuing the subpart OOOO 
requirements. However, EPA continues to work actively with North Dakota 
to ensure the stringency of North Dakota's minor NSR permit program is 
maintained and meets all applicable requirements with respect to oil 
and gas operations in the State.
    CAA section 110(l) requires a demonstration that a SIP revision 
does not interfere with any requirement concerning attainment and that 
a relaxation is sufficiently protective of air quality and other CAA 
requirements in order for EPA to approve the relaxation. EPA conducted 
such a demonstration for the permitting rule revision in the April 2011 
submittal finding the revisions are not presently interfering with the 
State's SIP control strategy or causing national ambient air quality 
standards (NAAQS) violations in North Dakota. Our demonstration is 
included in the docket for this action.

III. Final Action

    EPA is approving revisions to the North Dakota SIP that the 
Governor of North Dakota submitted with a letter dated April 14, 2011 
and that were State-effective April 1, 2011. Specifically, EPA is 
approving North Dakota's revisions to the following portions of the 
North Dakota Administrative Code: Chapter 33-15-01, ``General 
Provisions,'' section 33-15-01-04.52, Chapter 33-15-02, ``Ambient Air 
Quality Standards,'' sections 33-15-02-04.1, 33-15-02-07.1, 33-15-02-
07.2, 33-15-02-07.3, 33-15-02-07.4, and section 33-15-02, Tables 1 and 
2. EPA is approving Chapter 33-15-14, ``Designated Air Contaminant 
Sources, Permit to Construct, Minor Source Permit to Operate, Title V 
Permit to Operate,'' sections 33-15-14-01.9, 33-15-14-01.10, 33-15-14-
01.12, 33-15-14-01.15, 33-15-14-02.1, 33-15-14-02.13, 33-15-14-02.13.o, 
and 33-15-14-03.1c. EPA will continue discussions with the State to 
clarify and strengthen the State's current minor source permit program 
as it relates to oil and gas production facilities. Our proposed action 
provides a description of these revisions. See 79 FR 10448, February 
25,

[[Page 25023]]

2014. EPA acted previously on the revisions to Chapter 33-15-15, 
``Prevention of Significant Deterioration of Air Quality,'' that were 
also included in the April 14, 2011 submittal. See 77 FR 64734, October 
23, 2012.

IV. Statutory and Executive Orders Review

    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 USC 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 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 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, 
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 July 1, 2014. 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, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, 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 9, 2014.
Howard M. Cantor,
Acting 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 JJ--North Dakota

0
2. Section 52.1820, the table in paragraph (c) is amended as follows:
0
a. By revising the table entries for ``33-15-01-04'', ``33-15-02-04'', 
``33-15-02-07'', and ``33-15-02, Table 1'';
0
b. By removing the table entry for ``33-15-02-07.3, 33-15-02-07.4, and 
33-15-02, Table 2'';
0
c. By adding the table entry for ``33-15-02, Table 2'' in numerical 
order;
0
d. By revising the table entries for ``33-15-14-01'' and ``33-15-14-
02'';
0
e. By adding the table entries for ``33-15-14-02.1'', and ``33-15-14-
02.13 and Subsection o.'' in numerical order; and
0
f. By revising the table entries for ``33-15-14-03'' and ``33-15-14-
03.1.c''.
    The revisions and additions read as follows:


Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *

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                                                             State       EPA approval date
          State citation              Title/subject     effective date    and citation \1\       Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-01-04......................  Definitions........          4/1/11  5/2/14, [Insert      ...................
                                                                         Federal Register
                                                                         page number where
                                                                         the document
                                                                         begins.].
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[[Page 25024]]

 
                                                  * * * * * * *
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33-15-02-04......................  Ambient air quality          4/1/11  5/2/14, [Insert      ...................
                                    standards.                           Federal Register
                                                                         page number where
                                                                         the document
                                                                         begins.].
----------------------------------------------------------------------------------------------------------------
33-15-02-07......................  Concentrations of            4/1/11  5/2/14, [Insert      ...................
                                    air contaminants                     Federal Register
                                    in the ambient air                   page number where
                                    restricted.                          the document
                                                                         begins.].
33-15-02, Table 1................  Ambient Air Quality          4/1/11  5/2/14, [Insert      ...................
                                    Standards.                           Federal Register
                                                                         page number where
                                                                         the document
                                                                         begins.].
33-15-02, Table 2................  National Ambient             4/1/11  5/2/14, [Insert      ...................
                                    Air Quality                          Federal Register
                                    Standards.                           page number where
                                                                         the document
                                                                         begins.].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-14-01......................  Designated air               4/1/11  5/2/14, [Insert      ...................
                                    contaminant                          Federal Register
                                    sources.                             page number where
                                                                         the document
                                                                         begins.].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-14-02......................  Permit to construct          4/1/11  5/2/14, [Insert      Excluding
                                                                         Federal Register     subsections 1, 12,
                                                                         page number where    13, 3.c, 13.b.1,
                                                                         the document         5, 13.c, 13.i(5),
                                                                         begins.].            13.o, and 19 (one
                                                                                              sentence) which
                                                                                              were subsequently
                                                                                              revised and
                                                                                              approved. See
                                                                                              below. See
                                                                                              additional
                                                                                              interpretive
                                                                                              materials cited in
                                                                                              57 FR 28619, 6/26/
                                                                                              92, regarding the
                                                                                              State's commitment
                                                                                              to meet the
                                                                                              requirements of
                                                                                              EPA's ``Guideline
                                                                                              on Air Quality
                                                                                              Models
                                                                                              (Revised).''
33-15-14-02.1....................  Permit to construct          4/1/11  5/2/14, [Insert      ...................
                                    required.                            Federal Register
                                                                         page number where
                                                                         the document
                                                                         begins.].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-14-02.13 and Subsection o..  Exemptions.........          4/1/11  5/2/14, [Insert      ...................
                                                                         Federal Register
                                                                         page number where
                                                                         the document
                                                                         begins.].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-14-03......................  Minor source permit          4/1/11  5/2/14, [Insert      Excluding
                                    to operate.                          Federal Register     subsections 10,
                                                                         page number where    1.c, 4, 5.a(1)(d),
                                                                         the document         11, and 16 (one
                                                                         begins.].            sentence) which
                                                                                              were subsequently
                                                                                              revised and
                                                                                              approved. See
                                                                                              below. Also see 40
                                                                                              CFR 52.1834
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-14-03.1.c..................  Permit to operate            4/1/11  5/2/14, [Insert      ...................
                                    required.                            Federal Register
                                                                         page number where
                                                                         the document
                                                                         begins.].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[[Page 25025]]

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[FR Doc. 2014-09855 Filed 5-1-14; 8:45 am]
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