[Federal Register Volume 85, Number 123 (Thursday, June 25, 2020)]
[Rules and Regulations]
[Pages 38079-38081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12059]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0689; FRL-10010-33-Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In accordance with section 110 of the Clean Air Act (CAA), the

[[Page 38080]]

Environmental Protection Agency (EPA) is taking final action to approve 
State Implementation Plan (SIP) revisions submitted by North Dakota on 
May 2, 2019. The revisions contain amendments to the State's Ambient 
Air Quality Standards, Permit to Construct, and Prevention of 
Significant Deterioration (PSD) regulations.

DATES: This rule is effective on July 27, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0689. 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., 
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 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: Kevin Leone, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6227, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The EPA is taking final action to approve all SIP revisions 
submitted by the State of North Dakota on May 2, 2019, with the 
exception of several revisions that we are acting on in a separate 
action or are taking no action on, as outlined in section II of our 
proposed rulemaking published on March 20, 2020.\1\ The SIP revisions 
that we are acting on contain amendments to N.D. Admin. Code Chapter 
33.1-15-15 (Prevention of Significant Deterioration of Air Quality) and 
N.D. Admin. Code Chapter 33.1-15-14 (Designated Air Contaminant 
Sources, Permit to Construct, Minor Source Operating Permit, Title V 
Operating Permit). The amendments address changes to the State's 
Ambient Air Quality Standard for ozone and update the State's PSD rules 
and permit-to-construct rules.
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    \1\ Proposed rule, Approval and Promulgation of Air Quality 
Implementation Plans; North Dakota; Revisions to Permitting Rules, 
85 FR 16027.
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    Our March 20, 2020 rulemaking contains a detailed summary of the 
SIP revisions in question and an explanation of the bases for our 
proposed approval.\2\ We invited comment on all aspects of our 
proposal, and provided a 30-day comment period, which ended on April 
20, 2020.
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    \2\ See 85 FR at 16027-16029.
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II. Response to Comments

    We received no comments during the public comment period.

III. Final Action

    As outlined in our proposed rulemaking, the EPA is taking final 
action to approve the addition of new and revised rules to 33.1-15-15 
and 33.1-15-14 as submitted on May 2, 2019.
    Specifically, we are taking final action to approve the following 
revisions: Revisions to Chapter 33.1-15-15 (Prevention of Significant 
Deterioration)--33.1-15-15-01.2.; Revisions to Chapter 33.1-15-14 
(Designated Air Contaminant Sources, Permit to Construct, Minor Source 
Permit to Operate, Title V Permit to Operate)--33.1-15-14-02.

IV. Incorporation by Reference

    In this document, 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 
State of North Dakota's revisions to its SIP as described in section 
III of this preamble. 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). 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 in the next 
update to the SIP compilation.\3\
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    \3\ See Notice of Administrative Change, Approval and 
Promulgation of Air Quality Implementation Plans; Revised Format of 
40 CFR part 52 for Materials Being Incorporated by Reference, 62 FR 
27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    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 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 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).

[[Page 38081]]

    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 August 24, 2020. 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, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 29, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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, amend paragraph (c) by:
0
a. Revising, under the center heading ``33.1-15-14. Designated Air 
Contaminant Sources Permit to Construct Minor Source Permit to Operate 
Title V Permit to Operate,'' the table entry for: 33.1-15-14-02. Permit 
to construct;
0
b. Revising, under the center heading ``33.1-15-15. Prevention of 
Significant Deterioration of Air Quality,'' the table entry for 33.1-
15-15-01.2. Scope.
    The revisions read as follows:


Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *

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                                                State
       Rule No.             Rule title        effective    EPA  effective     Final rule           Comments
                                                date             date        citation/date
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                                                  * * * * * * *
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33.1-15-14. Designated Air Contaminant Sources Permit to Construct Minor Source Permit to Operate Title V Permit
                                                   to Operate
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                                                  * * * * * * *
33.1-15-14-02.........  Permit to                  7/1/16         7/27/20  [Insert Federal   ...................
                         Construct.                                         Register
                                                                            citation], 6/25/
                                                                            20.
 
                                                  * * * * * * *
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                       33.1-15-15. Prevention of Significant Deterioration of Air Quality
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                                                  * * * * * * *
33.1-15-15-01.2.......  Scope............          7/1/16         7/27/20  [Insert Federal   ...................
                                                                            Register
                                                                            citation], 6/25/
                                                                            20.
 
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[FR Doc. 2020-12059 Filed 6-24-20; 8:45 am]
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