[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60540-60541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25347]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0974, FRL-9935-15-Region 8]


Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 2008 Ozone, 2008 Lead, and 2010 
NO2 National Ambient Air Quality Standards; North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of State Implementation Plan (SIP) revisions from the State of 
North Dakota to demonstrate the State meets infrastructure requirements 
of the Clean Air Act (Act, CAA) for the National Ambient Air Quality 
Standards (NAAQS) promulgated for ozone on March 12, 2008; lead (Pb) on 
October 15, 2008; and nitrogen dioxide (NO2) on January 22, 
2010. Section 110(a) of the CAA requires that each state submit a SIP 
for the implementation, maintenance, and enforcement of each NAAQS 
promulgated by EPA.

DATES: This rule is effective November 6, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification Number EPA-R08-OAR-2012-0974. All documents in 
the docket are listed on the http://www.regulations.gov Web site. 
Although listed in the index, some information may not be publicly 
available, i.e., Confidential Business Information or other information 
the disclosure of which is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in the hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at EPA Region 8, Office of 
Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The EPA requests that you contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. The Regional Office's official hours 
of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding 
federal holidays. An electronic copy of the State's SIP compilation is 
also available at http://www.epa.gov/region8/air/sip.html.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Infrastructure requirements for SIPs are provided in section 
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific 
infrastructure elements that a SIP must contain or satisfy. The 
elements that are the subject of this action are described in detail in 
our notice of proposed rulemaking (NPR) published on July 15, 2015 (80 
FR 41450).
    The NPR proposed approval of North Dakota's submissions with 
respect to the following CAA section 110(a)(2) infrastructure elements 
for the 2008 ozone, 2008 Pb, and 2010 NO2 NAAQS: (A), (B), 
(C) with respect to minor NSR and PSD requirements, (D)(i)(II) elements 
3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M); and 
D(i)(I) elements 1 and 2 for the 2008 Pb and 2010 NO2 NAAQS. 
The NPR also proposed approval of element 4 of CAA section 
110(a)(2)(D)(i)(II) for the 2006 fine particulate matter 
(PM2.5) NAAQS. EPA will act separately on infrastructure 
element (D)(i)(I), interstate transport elements 1 and 2 for the 2008 
ozone NAAQS. The reasons for our approvals are provided in detail in 
the NPR.

II. Response to Comments

    No comments were received on our July 15, 2015 NPR.

III. Final Action

    EPA is approving the following infrastructure elements for the 2008

[[Page 60541]]

ozone, 2008 Pb, and 2010 NO2 NAAQS: CAA 110(a)(2) 
(A), (B), (C) with respect to minor NSR and PSD requirements, 
(D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), 
(L), and (M). EPA is approving element 4 of 110(a)(2)(D)(i)(II) for the 
2006 PM2.5 NAAQS. Finally, EPA is approving D(i)(I) elements 
1 and 2 for the 2008 Pb and 2010 NO2 NAAQS. EPA will act 
separately on infrastructure element (D)(i)(I), interstate transport 
elements 1 and 2 for the 2008 ozone NAAQS.\1\
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    \1\ This action also corrects an error to a Federal Register 
citation in our NPR (80 FR 41450, July 15, 2015) on page 41454. The 
NPR incorrectly cites approval of the State's SIP-approved minor NSR 
program at 60 FR 43401 rather than the correct citation of 42 FR 
26977 (May 26, 1977).
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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 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 approves relevant 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, Oct. 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, Aug. 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, Feb. 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 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 December 7, 2015. 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 CAA 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: September 21, 2015.
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

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2. Section 52.1833 is amended by adding paragraph (d) to read as 
follows:


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

* * * * *
    (d) EPA is approving the following infrastructure elements for the 
2008 ozone, 2008 Pb, and 2010 NO2 NAAQS: CAA 
110(a)(2) (A), (B), (C) with respect to minor NSR and PSD requirements, 
(D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), 
(L), and (M). EPA is approving element 4 of 110(a)(2)(D)(i)(II) for the 
2006 PM2.5 NAAQS. Finally, EPA is approving D(i)(I) elements 
1 and 2 for the 2008 Pb and 2010 NO2 NAAQS.

[FR Doc. 2015-25347 Filed 10-6-15; 8:45 am]
 BILLING CODE 6560-50-P