[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Rules and Regulations]
[Pages 11646-11652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05935]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0026; FRL-9991-25-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 November 11, 2016. The revisions 
include amendments to North Dakota's general provisions, permit to 
construct, prevention of significant deterioration (PSD) of air 
quality, oil and gas, and fee regulations. In addition, amendments to 
the permit program include the regulation of hazardous air pollutants 
(HAPs), which may be regulated under section 112 of the Clean Air Act 
(CAA). Thus, the EPA is taking this action pursuant to sections 110 and 
112 of the CAA.

DATES: This rule is effective on April 29, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0026. All documents in the docket are 
listed on the http://www.regulations.gov website. 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 May 14, 2018 (83 
FR 22227), the EPA proposed to approve revisions to North Dakota's Air 
Pollution Control Rules submitted by the State of North Dakota on 
January 28, 2013, and November 11, 2016. In this rulemaking, we are 
taking final action to approve various revisions, including: To add a 
general permit to construct provision,\1\ update the definition of 
``volatile organic compounds'' and PSD rules; revise permit to 
construct and PSD public participation methods; clarify applicability 
of oil and gas regulations; increase the application and processing 
fees; add a significant emission rate for greenhouse gas carbon dioxide 
equivalent; add a definition of ``actively producing'' oil and gas 
wells; remove greenhouse gas provisions relating to the determination 
of a major source and major modification; remove the expired exemption 
of greenhouse gases from biogenic sources; and streamline a provision 
related to oil and gas registration and reporting. The North Dakota 
State Health Council adopted the amendments on August 14, 2012, 
(effective January 1, 2013) and February 24, 2016, (effective July 1, 
2016) for the January 28, 2013, and November 11, 2016, submittals, 
respectively. The reasons for our approval are provided in detail in 
the proposed rule. Additional reasons for our approval of some 
provisions are provided below in response to public comments received 
on those topics.
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    \1\ North Dakota Air Pollution Control (NDAC) rule 33-15-14-
02.1.c reads in its entirety as follows, ``General permits. The 
department may issue a general permit to construct covering numerous 
similar sources which are not subject to permitting requirements 
under chapter 33.1-15-13 or 33.1-15-15 or subpart B of section 33.1-
15-22-03. Any general permit shall comply with all requirements 
applicable to other permits to construct and shall identify criteria 
by which sources may qualify for the general permit. A proposed 
general permit, any changes to a general permit, and any renewal of 
a general permit is subject to public comment. The public comment 
procedures under subdivision b of subsection 6 shall be used. To 
sources that qualify, the department shall grant the conditions and 
terms of the general permit. Sources that would qualify for a 
general permit must apply to the department for coverage under the 
terms of the general permit or apply for an individual permit to 
construct. Without repeating the public participation procedures 
under subdivision b of subsection 6, the department may grant a 
source's request for authorization to construct under the general 
permit.''
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II. Response to Comments

    We received two comment letters during the public comment period. 
After reviewing the comments, the EPA determined that the comments in 
the first letter are outside the scope of our proposed action and fail 
to identify any material issue necessitating a response. The remaining 
comments in the second letter were jointly submitted by the Sierra 
Club, Center for Biological Diversity, and the National Parks 
Conservation Association. Below is a summary of the comments and the 
EPA's responses.
    Comment: In general, the commenters assert that the concept of a 
general construction permit is not consistent with the requirements of 
Section 110(a)(2)(C) of the CAA or 40 CFR 51.160--51.164 due to the 
nature of how general permits are established and how sources request 
coverage under general permits.
    Response: We disagree with the commenters' assertion that the 
concept of a general construction permit is not consistent with the 
requirements of Section 110(a)(2)(C) of the CAA (requirement that the 
state SIP contain a program for enforcement of control measures), and 
40 CFR 51.160-51.164 (the EPA's regulations relating, in part, to minor 
source construction). The State's source-specific minor source 
construction permit program was originally approved as meeting the 
criteria currently in 40 CFR 51.160-51.163 on May 26, 1977, (42 FR 
26977) and as meeting the criteria in 40 CFR 51.164 on November 14, 
1988, (53 FR 45763). The North Dakota's SIP-approved minor source 
construction permit program and other permitting rules are codified at 
North Dakota Air Pollution Control (NDAC) 33-15-14, Designated Air 
Contaminant Sources Permit to Construct Minor Source Permit to Operate, 
Title V Permit to Operate.
    North Dakota's general permit rule requires that ``[a]ny general 
permit shall comply with all requirements applicable to other permits 
to construct.'' Therefore, a general permit would be issued in 
accordance with essentially the same State rules that apply to sources 
seeking source-specific permits. The general permit to construct 
provision specifically excludes major sources subject to permitting 
requirements under chapter 33-15-13 (Emission Standards for Hazardous 
Air

[[Page 11647]]

Pollutants), 33-15-15 (Prevention of Significant Deterioration of Air 
Quality), or subpart B of 33-15-22-03 (Emissions Standards for 
Hazardous Air Pollutants for Source Categories). Therefore, the general 
permit rule provides the State with the authority to develop general 
permits, including for the following three minor source categories: (1) 
Minor sources of criteria pollutants (potential emissions below the 
major source thresholds in 33-15-15, true minor sources); (2) minor 
sources of hazardous air pollutants (potential emissions below the 
major source thresholds in 33-15-13 and 33-15-22-03, true minor 
sources); and (3) sources of either criteria or hazardous air 
pollutants that elect to apply for general permits to limit emissions 
below major source thresholds (synthetic minor sources).
    The EPA has a well-established, longstanding position that the use 
of general permits for construction of all three categories of minor 
sources is appropriate under the CAA. The EPA has noted, for example, 
that an advantage of a SIP general permit is that upon approval by the 
EPA of the state's general permit program, a general permit could be 
written for additional source types without triggering the need for the 
formal SIP revision process.\2\ On numerous occasions, the EPA has 
approved SIPs allowing for the issuance of general permits, including a 
general permit rule similar to North Dakota's general permit 
regulations.\3\ Moreover, in 2011, the EPA published rules finalizing a 
Federal Implementation Plan for Indian country and setting forth 
provisions for the review of new sources and modifications in Indian 
country, including minor sources.\4\ There, the EPA authorized the 
issuance of general permits in Indian country in appropriate 
circumstances. The EPA explained that a `general permit' is a 
preconstruction permit that may be applied to several similar emissions 
units or minor sources. The purpose of a general permit is to simplify 
the permit issuance process for similar facilities so that a reviewing 
authority's limited resources need not be expended for site-specific 
permit development for such facilities. A general permit may be written 
to address a single emissions unit, a group of the same type of 
emissions units or an entire minor source. General permits offer a 
cost-effective means of issuing permits and provide a quicker and 
simpler alternative mechanism for permitting minor sources than the 
site-specific permitting process discussed previously.\5\ Subsequently, 
in accordance with this general authorization, the EPA issued general 
permits for various categories of minor sources in Indian country. 
General Permits and Permits by Rule for the Federal Minor New Source 
Review Program in Indian Country for Five Source Categories, 80 FR 
25068 (May 1, 2015); General Permits and Permits by Rule for the 
Federal Minor New Source Review Program in Indian Country for Six 
Source Categories, 81 FR 70944 (Oct. 14, 2016).
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    \2\ For example, Guidance an Enforceability Requirements for 
Limiting the Potential to Emit through SIP and Sec.  112 Rules and 
General Permits. January 25, 1995 (EPA 1995 Enforceability Memo) 
(For example, page 4 of the memo explains that s general permit is a 
single permit that establishes terms and conditions that must be 
complied with by all sources subject to that permit. The 
establishment of a general permit could provide for emission 
limitations in a one-time permitting process, and thus avoid the 
need to issue separate permits for each source. Although this 
concept is generally thought of as an element of Title V permit 
programs there in no reason that a state or local agency could not 
submit a general permit program as a SIP submittal aimed at creating 
synthetic minor sources. Additionally, FESOP [Federally Enforceable 
State Operating Permit usually referring to Title I State Operating 
Permit Programs approved under the criteria established by the EPA 
in the June 28, 1989 Federal Register notice, 54 FR 27274] programs 
can include general permits as an element of the FESOP program being 
approved into the SIP. The advantage of a SIP general permit is that 
upon approval by the EPA of the state's general permit program, a 
general permit could be written for an additional source type 
without triggering the need for the formal SIP revision process. 
(citing the Jan. 25, 1995 Seitz and Van Heuvelen memorandum, 
``Options for Limiting Potential to Emit (PTE) of a Stationary 
Source under section 112 and title V of the Clean Air Act'', page 
4). https://www.epa.gov/sites/production/files/2015-08/documents/potoem.pdf.
    \3\ EPA approved Michigan's general permit rule. See Michigan 
SIP submittal, April 3, 1998 (in docket) and 83 FR 44485 (August 31, 
2018).
    \4\ 76 FR 38748 (July 1, 2011).
    \5\ Id. at 38767.
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    The EPA has also issued other memoranda supportive of general 
permits, including the EPA's January 25, 1995 memorandum ``Options for 
Limiting Potential to Emit (PTE) of a Stationary Source Under Section 
112 and Title V of the Clean Air Act'' \6\ (EPA 1995 Memorandum Options 
to Limit Potential to Emit) and the April 14, 1998 memorandum, 
``Potential to Emit (PTE) Guidance for Specific Source Categories.'' 
\7\ These memoranda endorse the use of a general permit program 
approved into the SIP pursuant to Section 110(a)(2)(C) of the Act as a 
means of effectively establishing limitations on the potential to emit 
of stationary sources.\8\ As explained in the EPA's January 25, 1995 
memorandum ``Guidance on Enforceability Requirements for Limiting 
Potential to Emit through SIP and Sec.  112 Rules and General Permits'' 
(EPA 1995 Guidance) a general permit is a single permit that 
establishes terms and conditions that must be complied with by all 
sources subject to that permit, providing for emission limitations in a 
one-time permitting process and avoiding the need to issue separate 
permits for each source that shares the same characteristics.\9\
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    \6\ Options for Limiting the Potential to Emit (PTE) of a 
Stationary Source Under Section 112 and Title V of the Clean Air Act 
(Act). January 25, 1995. https://www.epa.gov/sites/production/files/documents/limit-pte-rpt.pdf.
    \7\ Potential to Emit (PTE) Guidance for Specific Source 
Categories. April 14, 1998. https://www.epa.gov/sites/production/files/2015-08/documents/lowmarch.pdf.
    \8\ See also, Approaches to Creating Federally-Enforceable 
Emission Limits. November 3, 1993. https://www.epa.gov/sites/production/files/2015-08/documents/fedenf.pdf.
    \9\ Guidance on Enforceability Requirements for Limiting 
Potential to Emit through SIP and Sec.  112 Rules and General 
Permits. (January 25, 1995). https://www.epa.gov/sites/production/files/2015-08/documents/potoem.pdf.
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    Comment: The commenters express concern that North Dakota's general 
permit to construct regulations do not specify how a source applies for 
coverage under a general permit (i.e., what source-specific 
information, if any, is required to be in a permit application) or how 
the state will evaluate if a source qualifies for a general permit.
    Response: We disagree with these concerns. Similar to the EPA's 
federal minor source general permit in Indian country,\10\ North 
Dakota's general permit rule requires that each general permit to 
construct ``shall identify the criteria by which sources may qualify 
for the general permit'' and the State will use those criteria to 
evaluate whether a source qualifies for the general permit. The nature 
of the general permit to simplify the permit issuance process for 
similar facilities so that a reviewing authority's limited resources 
need not be expended for case-by-case permit development does not 
provide for the same source-specific procedures as an individual permit 
to construct. However, North Dakota will provide sufficient public 
participation opportunities through public comment on the general 
permit under NDAC 33-15-14-02.
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    \10\ 40 CFR 49.156(d).
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    Comment: The commenters suggested that, because North Dakota's 
general permit to construct regulations do not require public notice 
and an opportunity to review and comment on (1) source-specific 
information submitted by sources requesting coverage under the general 
permit, and (2) North Dakota's analysis and justification for coverage 
under a general permit, it does not comply with the requirements of 40 
CFR 51.161.

[[Page 11648]]

    Response: We disagree with the commenters' assertions that the 
general permit rule does not comply with public notice provisions found 
in 40 CFR 51.161. As explained in our proposal, the EPA's June 28, 1989 
rulemaking ``Requirements for the Preparation, Adoption, and Submittal 
of Implementation Plans; Approval and Promulgation of Implementation 
Plans'' \11\ and the EPA 1995 Guidance, outline the criteria we use to 
evaluate general permit to construct rules under the SIP authority or 
under Sec.  112, or both. One of the criteria addresses the public 
notice and comment requirements explaining that since the state rule 
establishing the general permit program does not provide for specific 
standards to be met by the source, each general permit, but not each 
application under each general permit, must be issued pursuant to 
public and EPA notice and comment.\12\ North Dakota's general permits 
must be made available for public comment, and therefore, meet the 
EPA's public notice and comment requirements for general permits. North 
Dakota's analysis and justification for issuing a general permit, as it 
does for a source-specific permit, will include information that 
pertains to the type of sources that are eligible for coverage by the 
general permit and that information will be included in the public 
notice. The public will have an opportunity to review the conditions of 
the general permit and comment on whether those conditions are 
appropriate for sources with the characteristics of those eligible for 
coverage under the general permit. Therefore, the EPA does not agree 
that the general permitting process would deny the public an 
opportunity to review and comment, as the public will have an 
opportunity to comment on the general permit conditions and the State's 
justification for establishing the general permit for particular source 
categories (as well as the State's specified criteria for evaluating 
whether specific sources are covered by the general permit) as a part 
of the public notice and comment on the general permits.
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    \11\ 54 FR 27274 (June 28, 1989).
    \12\ Guidance on Enforceability Requirements for Limiting 
Potential to Emit through SIP and Sec.  112 Rules and General 
Permits. (January 25, 1995), page 10, referencing June 28, 1989, 
Federal Register, 54 FR 27274, 27281-27284.
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    Comment: The commenters argue that; although North Dakota's general 
permit to construct regulations are similar to the general permit 
provision of the Title V operating permits found at 40 CFR 70.6(d) that 
is commonly used to reduce the administrative burden for the source 
type and state permitting agency for the issuance of operating permits; 
construction permits are required to include a source-specific and 
site-specific review of impacts on ambient air quality. Thus, North 
Dakota's general permit to construct regulations, according to the 
commenters, do not meet the applicable federal and CAA requirements 
because the State's air impact analysis for issuance of a general 
construction permit for a source category does not take into account 
site-specific factors that could affect how a particular source 
requesting coverage under the general construction permit would affect 
air quality, and in particular, whether the proposed source could 
interfere with attainment or maintenance of the National Ambient Air 
Quality Standards (NAAQS).
    Response: We disagree. General permits must be based on a review of 
impacts on ambient air quality from the types of sources with the 
characteristics of those that are eligible for coverage under the 
permit. The North Dakota general permit rule requires that ``[a]ny 
general permit shall comply with all requirements applicable to other 
permits to construct.'' North Dakota's construction permitting SIP 
requirements for source specific permits includes review of impacts on 
ambient air quality.\13\ Thus, when developing a general permit, the 
State must evaluate whether the type of sources eligible for coverage 
under the general permit would interfere with attainment or maintenance 
of the NAAQS in the area to which the general permit applies. 
Furthermore, the public will have an opportunity to review and comment 
on this information as part of the general permit public notice 
process.\14\
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    \13\ For example, NDAC 33.1-15-14-02.4, Submission of plans--
Deficiencies in application, provides that as part of a source 
application for a permit the department may require submission of 
the effects on ambient air quality. NDAC 33.1-15-14-02.5, Review of 
application--Standard for granting permits to construct, requires 
the department to determine whether the proposed project will be in 
accord with the article, among other requirements, including whether 
the operation of any new stationary source at the proposed location 
will cause or contribute to a violation of any applicable ambient 
air quality standard.
    \14\ Discussing state general permit programs, the EPA 
previously explained that ``since the rule establishing the program 
does not provide the specific standards to be met by the source, 
each general permit containing the criteria by which sources may 
qualify for the general permit, but not each application under each 
general permit, must be issued pursuant to public and the EPA notice 
and comment.'' EPA 1995 Enforceability Memo, page 10.
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    Comment: The commenters state that nothing in North Dakota's 
general permit to construct regulations specifically state that North 
Dakota will deny coverage under a general construction permit if a 
source will cause or contribute to a NAAQS violation, and that the EPA 
overstated North Dakota's cited laws and regulations to deny approval 
of a proposed project under a general permit to construct. According to 
the commenters, NDAC 33-15-14-02.7, which provides when the state would 
deny a construction permit, does not apply to sources requesting 
coverage under the general permit to construct because 33-15-14-02.7 
refers to public comment received and sources requesting coverage under 
a general permit to construct do not require public notice and comment. 
Thus, the commenters suggest that North Dakota's rules do not provide 
legally enforceable procedures ensuring the State will prohibit the 
construction of a source requesting coverage under a general permit to 
construct if it would interfere with attainment or maintenance of the 
NAAQS.
    Response: We disagree. Before a general permit is issued, an 
analysis must be conducted, under 33-15-14-02.5, to determine whether 
the category of covered sources permitted under the permit have 
emissions so low that they are generally not expected to have adverse 
air quality impacts and will therefore comply with all applicable 
rules. NDAC 33-15-14-02.7 also requires that North Dakota deny coverage 
under a general permit if, after review of all information received 
(including public comment), a source would interfere with the 
attainment or maintenance of a NAAQS.\15\
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    \15\ 40 CFR 49.155(a)(7)(ii).
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    Comment: The commenters expressed concern that the general permit 
to construct regulations do not define ``similar source'' to narrow 
what sources can be covered under the general construction permit, nor 
does the State rule provide that, to be similar, a source must have 
similar emissions and stack parameters.
    Response: We disagree that there is a need to define ``similar 
source'' in this rule. The identified terms, including this one, have 
their common meaning in the context of the rule. In the case of general 
permits, the State will define the scope of the stationary sources 
covered by a particular general permit when establishing the criteria 
for sources eligible for and terms of the general permit. Moreover, all 
interested parties will have the opportunity to provide input on the 
appropriateness of the criteria defining the scope of the permit, 
including the emissions and stack

[[Page 11649]]

parameters of sources covered by the permit, during the public comment 
period for that permit.
    Comment: The commenters also argue that North Dakota's May 3, 2018 
letter to the EPA acknowledges that the general permits to construct 
regulations will not adequately address air quality concerns unique to 
specific areas that arise after issuance of the general permit to 
construct.
    Response: We disagree. In fact, North Dakota's letter merely 
confirms the requirements in NDAC 33-15-02-07, to not cause or permit 
the emissions of contaminants in such a manner that causes or 
contributes to a violation of the ambient air quality standards, apply 
to individual sources covered under general permits. As previously 
stated, before a general permit is issued, an analysis must be 
conducted, under NDAC 33-15-14-02.5, to determine whether the category 
of covered sources under the general permit have emissions sufficiently 
low that they are generally not expected to have adverse air quality 
impacts and will therefore comply with all applicable rules. Thus, the 
State will consider any air quality concerns unique to specific areas 
that arise both before (33-15-14-02.5) and after (33-15-02-07) issuance 
of the general permit and not grant coverage to a source if there are 
air quality concerns.
    Comment: With respect to the general permit to construct 
regulations, the commenters assert that the EPA cannot rely on North 
Dakota's May 3, 2018 letter as to how it may implement the general 
permit to construct rule to ensure the requirements of 40 CFR 51.160 
are met because 40 CFR 51.160(a) states that the SIP ``must set forth 
legally enforceable procedures that enable the State or local agency to 
determine whether the construction or modification of a facility, 
building, structure or installation, or combination of these will 
result in a violation of the control strategy or interfere with 
attainment or maintenance of the NAAQS.'' Thus, the EPA cannot simply 
rely on statements made by North Dakota in a letter as satisfying the 
requirements for legally enforceable procedures.
    Response: While we agree with the commenters that the EPA cannot 
rely on non-regulatory statements for legally enforceable procedures, 
we disagree that North Dakota's general permit to construct 
regulations, which become federally enforceable upon the EPA's approval 
into the SIP, do not contain legally enforceable procedures to 
determine if the construction or modification of a facility seeking 
coverage under a general permit will interfere with attainment or 
maintenance of the NAAQS. The May 3, 2018 letter is not itself legally 
enforceable, but it references provisions in North Dakota's regulations 
that are enforceable and provide the authority described. As noted 
previously, NDAC 33-15-14-02.1.c requires that general permits use the 
same procedures that apply to source-specific permits in North Dakota's 
minor source permitting program, which the EPA previously approved as 
meeting the requirements of 40 CFR 51.160-51.164. These authorities 
include the ability for North Dakota, under 33-15-14-02.5.a and 33-15-
14-02.7, to deny coverage under a general permit both before and after 
issuance of a general permit, respectively, to any applicant and 
require that a source apply for a source specific permit if it would 
interfere with attainment or maintenance of the NAAQS. Furthermore, 
facilities that cannot meet any of the conditions in the general 
permit, including minimum stack heights, emission limitations, control 
requirements, or other requirements in NDAC 33-15-14 necessary to 
assure compliance with the NAAQS, will not be eligible for coverage 
under the general permit and must apply for an individual permit to 
obtain authorization to construct.
    Comment: In addition to the preceding comments regarding North 
Dakota's general permit to construct regulations, the commenters argue 
that the EPA's proposed approval of the amendments to 33-15-20 (Control 
of Emissions from Oil and Gas Well Facilities) expands applicability of 
North Dakota rule 33-15-20, which in turn exempts additional oil and 
gas facilities from construction permitting pursuant to North Dakota 
rule 33-15-14-02.13.o. They further comment that this expansion allows 
the construction of oil and gas facilities without requiring companies 
to provide analyses ensuring NAAQS and PSD increments are complied 
with, and not providing an opportunity for public notice and comment. 
Thus, they suggest that North Dakota rule 33-15-20 as revised does not 
meet the preconstruction review requirements of 40 CFR 51.160-51.164.
    Response: Although North Dakota broadened the applicability of 
Chapter 33-15-20 Control of Emissions from Oil and Gas Well Production 
Facilities to better reflect the entire contents of the chapter, 
practically speaking the revision did not, in fact, expand the number 
of oil and gas facilities subject to the chapter. Rather, the revision 
simply acknowledges that oil and gas facilities also emit air 
contaminants other than sulfur and sulfur compounds. Likewise, the 
revision acknowledges the expansive definition of a ``production 
facility,'' which includes equipment, wells, flow lines, separators, 
treaters, tanks, flares, gathering lines, and auxiliary non-
transportation-related equipment used in the exploration, development, 
or subsequent production or handling of oil and gas from an oil and gas 
well or wells which are located on one or more contiguous or adjacent 
surface properties and are under the control of the same person (or 
persons under common control). Thus, the commonality of the previous 
terms, ``production facility'' and ``sulfur and sulfur compounds,'' 
historically ensured widespread applicability of Chapter 33-15-20 so 
that the revisions do not effectively increase the applicable sources.
    Comment: Finally, the commenters expressed concern that there is no 
definition of ``oil and gas well facility'' in rule 33-15-20 or in any 
other North Dakota air pollution rule.
    Response: We do not share the commenters' concern. North Dakota's 
regulations include definitions for the terms in the phrase ``oil and 
gas well facility.'' Specifically, NDAC 33-15-20 includes definitions 
for ``gas well,'' ``natural gas or gas,'' ``oil,'' ``oil well,'' and 
``production facility,'' which are then used to derive the meaning of 
``oil and gas facility.''

III. Final Action

    For the reasons expressed in the proposed rule, the EPA is 
approving revisions to North Dakota Air Pollution Control Rules, shown 
in Table 1, submitted by the State of North Dakota on January 28, 2013, 
and November 11, 2016.

[[Page 11650]]



   Table 1--List of North Dakota Amendments That the EPA Is Approving
                                [dagger]
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            Amended Section in the January 28, 2013 Submittal
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33-15-14-02.1.c
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           Amended Sections in the November 11, 2016 Submittal
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33-15-01-04.52, 33-15-14-02.1.c, 33-15-14-02.6.b(2), 33-15-14-
 03.5.a(1)(b), 33-15-14-03.5.a(1)(d), 33-15-14-03.9.a, 33-15-14-03.9.b,
 33-15-15-01.2, 33-15-20-01.1, 33-15-20-01.2, 33-15-20-02.1, 33-15-20-
 02.2, 33-15-20-03.1, 33-15-20-03.2, 33-15-23-02.1, 33-15-23-02.2
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[dagger] On August 6, 2018, North Dakota submitted a SIP revision to
  recodify portions of North Dakota's Air Pollution Rules. We approved
  the recodifications that have been previously approved into the SIP
  (84 FR 1610; February 5, 2019). As explained in the EPA's subsequent
  Federal Register notice, the effective date for the recodification is
  April 30, 2019 (84 FR 826; March 7, 2019). If this action becomes
  effective after April 30, 2019, the regulatory text for this action
  will reflect the recodification of the rules. The crosswalk between
  the rule numbers approved in this action and North Dakota's
  recodification is available in the docket for the EPA's February 5,
  2019 final action.

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 the North 
Dakota Air Pollution Control Rules described in the amendments set 
forth to 40 CFR part 52 below. 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, 112, 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.\16\ The EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and at 
the EPA Region 8 Office (please contact the person identified in the 
For Further Information Contact section of this preamble for more 
information).
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    \16\ 62 FR 27968 (May 22, 1997).
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V. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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, 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 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 and authority approved under section 112(l) of the 
Act 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 May 28, 2019. 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)).

[[Page 11651]]

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.

    Dated: March 22, 2019.
Douglas Benevento,
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 52.1820 paragraph (c) is amended as follows:
0
a. Under the heading ``33-15-01. General Provisions,'' revise the entry 
for 33-15-01-04.
0
b. Under the heading ``33-15-14. Designated Air Contaminant Sources 
Permit to Construct Minor Source Permit to Operate Title V Permit to 
Operate,'' revise the entries for 33-15-14-02 and 33-15-14-03.
0
c. Under the heading ``33-15-15. Prevention of Significant 
Deterioration of Air Quality,'' revise the entry for 33-15-15-01.2.
0
d. Under the heading ``33-15-20. Control of Emissions from Oil and Gas 
Well Production Facilities,'' revise the entries for 33-15-20-01, 33-
15-20-02, and 33-15-20-03.
0
e. Under the heading ``33-15-23. Fees,'' revise the entry for 33-15-23-
02.
    The revisions read as follows:


Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        State       EPA effective
           Rule No.                 Rule title     effective date       date            Final rule citation/date                    Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              33-15-01. General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
33-15-01-04...................  Definitions......          7/1/16       4/29/2019  [Insert Federal Register            .................................
                                                                                    citation], 3/28/2019.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                33-15-14. Designated Air Contaminant Sources Permit to Construct Minor Source Permit to Operate Title V Permit to Operate
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
33-15-14-02...................  Permit to                  7/1/16       4/29/2019  [Insert Federal Register            Excluding subsections 1, 12, 13,
                                 construct.                                         citation], 3/28/2019.               3.c., 13.b.1., 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).''
33-15-14-03...................  Minor source               7/1/16       4/29/2019  [Insert Federal Register            .................................
                                 permit to                                          citation], 3/28/2019.
                                 operate.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            33-15-15. Prevention of Significant Deterioration of Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
33-15-15-01.2.................  Scope............          7/1/16       4/29/2019  [Insert Federal Register            Except for the revision
                                                                                    citation], 3/28/2019.               associated with 40 CFR
                                                                                                                        52.21(l)(1).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       33-15-20. Control of Emissions from Oil and Gas Well Production Facilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-20-01...................  General                    7/1/16       4/29/2019  [Insert Federal Register            .................................
                                 provisions.                                        citation], 3/28/2019.
33-15-20-02...................  Registration and           7/1/16       4/29/2019  [Insert Federal Register            .................................
                                 reporting                                          citation], 3/28/2019.
                                 requirements.
33-15-20-03...................  Prevention of              7/1/16       4/29/2019  [Insert Federal Register            .................................
                                 significant                                        citation], 3/28/2019.
                                 deterioration
                                 applicability
                                 and source
                                 information
                                 requirements.

[[Page 11652]]

 
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     33-15-23. Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
33-15-23-02...................  Permit to                  7/1/16       4/29/2019  [Insert Federal Register            .................................
                                 construct fees.                                    citation], 3/28/2019.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-05935 Filed 3-27-19; 8:45 am]
 BILLING CODE 6560-50-P