[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46681-46682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21520]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0558, FRL-9969-00-Region 8]


Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 2010 SO2 and 2012 PM2.5 National 
Ambient Air Quality Standards; North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

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 (CAA) for the National Ambient Air Quality 
Standards (NAAQS) promulgated for sulfur dioxide (SO2) on 
June 2, 2010, and fine particulate matter (PM2.5) on 
December 14, 2012.

DATES: This rule is effective on November 6, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2013-0558. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 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 Street, 
Denver, Colorado 80202-1129. The 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: Kate Gregory, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6175, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Infrastructure requirements for SIPs are set forth 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 published on June 6, 2017 (82 FR 
25999).
    In our proposed rule, the EPA proposed to approve some 
infrastructure elements and to take no action on others for the 2010 
SO2 and 2012 PM2.5 NAAQS from the State's March 
7, 2013 and August 23, 2015 certifications,\1\ respectively. In this 
rulemaking, we are taking final action to approve those infrastructure 
elements from the State's certifications for which we proposed 
approval.
---------------------------------------------------------------------------

    \1\ ``Where an air agency determines that the provisions in or 
referred to by its existing EPA approved SIP are adequate with 
respect to a given infrastructure SIP element (or sub element) even 
in light of the promulgation of a new or revised NAAQS, the air 
agency may make a SIP submission in the form of a certification.'' 
EPA's ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and (2),'' September 
13, 2013, at 7.
---------------------------------------------------------------------------

II. Response to Comments

    No comments were received on our June 29, 2017 notice of proposed 
rulemaking.

III. Final Action

    For reasons expressed in the proposed rule, the EPA is taking final 
action to approve infrastructure elements from the State's 
certifications as shown in Table 1. Elements we are taking no action on 
are reflected in Table 2.

 Table 1--List of North Dakota Infrastructure Elements and Revisions the
                            EPA Is Approving
------------------------------------------------------------------------
                                Approval
-------------------------------------------------------------------------
March 7, 2013 submittal--2010 SO2 NAAQS: (A), (B), (C), (D)(i)(II)
 prongs 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
August 23, 2015 submittal--2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II)
 prongs 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
------------------------------------------------------------------------


[[Page 46682]]


Table 2--List of North Dakota Infrastructure Elements and Revisions That
                     the EPA Is Taking No Action On
------------------------------------------------------------------------
      No action (revision to be made in separate rulemaking action)
-------------------------------------------------------------------------
March 7, 2013 submittal--2010 SO2 NAAQS: (D)(i)(I) prongs 1 and 2.
August 23, 2015 submittal--2012 PM2.5 NAAQS: (D)(i)(I) prongs 1 and 2.
------------------------------------------------------------------------

IV. Statutory and Executive Orders Review

    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, the 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 the 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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. The 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 5, 2017. 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 18, 2017.
Suzanne J. Bohan,
Acting 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

0
2. Section 52.1833 is amended by adding paragraph (f) to read as 
follows:


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

* * * * *
    (f) The North Dakota Department of Health provided submissions to 
meet infrastructure requirements for the State of North Dakota for the 
2010 SO2 and 2012 PM2.5 NAAQS on March 7, 2013 
and August 23, 2015, respectively. The State's Infrastructure SIP for 
the 2010 SO2 and 2012 PM2.5 NAAQS is approved 
with respect to section (110)(a)(1) and the following elements of 
section (110)(a)(2): (A), (B), (C) with respect to minor NSR and PSD 
requirements, (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), 
and (M).

[FR Doc. 2017-21520 Filed 10-5-17; 8:45 am]
BILLING CODE 6560-50-P