[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46919-46921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21606]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0019; FRL-9969-05-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
North Dakota; Revisions to Air Pollution Control Rules

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 State of North 
Dakota on January 28, 2013, and April 22, 2014. The revisions are to 
Article 33-15 Air Pollution Control rules of the North Dakota 
Administrative Code. The revisions include amendments to add EPA 
Reference Method 22 to determine compliance with a visible emissions 
limit, add significance levels for PM2.5, modify existing 
significance levels for NO2 and SO2 and remove 
the significance level for PM10. This action is being taken 
under section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on November 9, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2017-0019. 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 through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6252, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In our notice of proposed rulemaking published on July 28, 2017 (82 
FR 35153), the EPA proposed to approve revisions to Article 33-15 Air 
Pollution Control rules of the North Dakota Administrative Code 
submitted by the State of North Dakota on January 28, 2013, and April 
22, 2014. In this rulemaking, we are taking final action on a revision 
submitted in the January 28, 2013 submittal to revise significance 
levels. The North Dakota State Health Council adopted those amendments 
on August 14, 2012 (effective January 1, 2013). In addition, we are 
also taking final action on a revision that was included in the April 
22, 2014 submittal to add EPA Reference Method 22 for determining 
opacity for limits expressed as zero percent opacity. The North Dakota 
State Health Council adopted those amendments on February 11, 2014 
(effective April 1, 2014). The reasons for our approval are provided in 
detail in the proposed rule.

II. Response to Comments

    We received no comments on our proposed rule.

III. Final Action

    For the reasons expressed in the proposed rule, the EPA is 
approving revisions to sections of the State's Air Pollution Control 
rules from the January 28, 2013, and April 22, 2014 submittals. A 
summary of the revisions in North Dakota's Air Pollution Control rules 
the EPA is approving is provided in Table 1.

    Table 1--List of North Dakota Revisions That the EPA Is Approving
------------------------------------------------------------------------
 Revisions in January 28, 2013 and April 22, 2014 submittals that EPA is
                                approving
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January 28, 2013 submittal: 33-15-14-02.5.a.
April 22, 2014 submittal: 33-15-03-05.2.
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IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of North 
Dakota Air Pollution Control rules described in the amendments set 
forth to 40 CFR part 52 below. The EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and/or at the EPA Region 8 Office (please contact the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this preamble for 
more information).
    Therefore, these materials have been approved by the EPA for 
inclusion in the SIP, have been incorporated by reference by the EPA 
into that plan, are fully federally enforceable under sections 110 and 
113 of the CAA as of the effective date of the final rulemaking of the 
EPA's approval, and will be incorporated by reference by the Director 
of the Federal Register in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. 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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
final action merely approves some state law as meeting federal 
requirements; this final action does not impose additional requirements 
beyond those imposed by state law. For that reason, this final 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);

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     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 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, Feb. 16, 1994).
    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 11, 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 25, 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. In Sec.  52.1820, the table in paragraph (c) is amended by revising 
the entries ``33-15-03-05'' and ``33-15-14-02'' to read as follows:


Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *

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                                                State       EPA effective     Final rule
        Rule No.            Rule title     effective date       date        citation/date         Comments
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                                                  * * * * * * *
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                          33-15-03. Restriction of Emission of Visible Air Contaminants
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                                                  * * * * * * *
33-15-03-05............  Method of               4/1/2014       11/9/2017  [insert Federal
                          measurement.                                      Register
                                                                            citation], 10/
                                                                            10/2017.
 
                                                  * * * * * * *
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 33-15-14. Designated Air Contaminant Sources Permit To Construct Minor Source Permit To Operate Title V Permit
                                                   To Operate
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                                                  * * * * * * *
33-15-14-02............  Permit to               1/1/2013       11/9/2017  [insert Federal  Excluding
                          construct.                                        Register         subsections 1, 12,
                                                                            citation], 10/   13, 3.c., 13.b.1.,
                                                                            10/2017.         5, 13.c., 13.i(5),
                                                                                             13.o., and 19 (one
                                                                                             sentence) which
                                                                                             were subsequently
                                                                                             revised and
                                                                                             approved. See 57 FR
                                                                                             28619 (6/26/92),
                                                                                             regarding State's
                                                                                             commitment to meet
                                                                                             requirements of
                                                                                             EPA's ``Guideline
                                                                                             on Air Quality
                                                                                             Models (revised).''
 
                                                  * * * * * * *
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[FR Doc. 2017-21606 Filed 10-6-17; 8:45 am]
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