[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Rules and Regulations]
[Pages 47101-47102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16276]



[[Page 47101]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2022-0359; FRL-9886-02-R8]


Air Plan Approval; North Dakota; Removal of Exemptions to Visible 
Air Emissions Restrictions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to North Dakota's State Implementation 
Plan (SIP) which it received on November 11, 2016. The revision was 
submitted by the North Dakota Department of Health (NDDH) in response 
to EPA's finding of substantial inadequacy and SIP call published on 
June 12, 2015 for a provision in the North Dakota SIP related to excess 
emissions during startup, shutdown, and malfunction (SSM) events. EPA 
is finalizing approval of the SIP revision and finds that the SIP 
revision corrects the deficiency identified in the June 12, 2015 SIP 
call.

DATES: This rule is effective on September 1, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2022-0359. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the docket, some 
information may not be 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 www.regulations.gov, 
or please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, telephone number: (303) 312-6728, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or 
``our'' is used, it refers to EPA.

I. Background

    On June 2, 2022 (87 FR 33461), EPA proposed to approve a November 
11, 2016 SIP revision submitted by the State of North Dakota, through 
NDDH.\1\ In that proposal, we proposed to determine that the SIP 
revision corrects the deficiency with respect to North Dakota's SIP 
that we identified in our June 12, 2015 action entitled ``State 
Implementation Plans: Response to Petition for Rulemaking; Restatement 
and Update of EPA's SSM Policy Applicable to SIPs; Findings of 
Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to 
Excess Emissions During Periods of Startup, Shutdown and Malfunction,'' 
(80 FR 33839, June 12, 2015), hereafter referred to as the ``2015 SSM 
SIP Action.'' The reasons for our proposed approval and determination 
are stated in the proposed action (87 FR 33461, June 2, 2022) and will 
not be restated here. The public comment period for our proposed 
approval and determination ended on July 5, 2022, and one comment in 
support of final approval was received. Therefore, we are finalizing 
our action as proposed.
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    \1\ In 2017, the North Dakota state legislature created a new 
State Department of Environmental Quality (NDDEQ) that assumed all 
the duties and responsibilities of the NDDH's Environmental Health 
Section. To accommodate the new NDDEQ, the North Dakota Air 
Pollution Control Law was recodified in the North Dakota Century 
Code (NDCC) as NDCC 23.1-06 and the Air Pollution Rules were 
recodified in the North Dakota Administrative Code (NDAC) as NDAC 
33.1-15.
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II. Final Action

    EPA is approving North Dakota's SIP revision which we received on 
November 11, 2016. The revision removes provision 33.1-15-03-04.3 from 
North Dakota's SIP.\2\ EPA has also determined that this SIP revision 
corrects the deficiency identified in the 2015 SSM SIP Action.
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    \2\ In North Dakota's November 11, 2016 SIP submission, the 
State refers to provision 33-15-03.04.3. However, shortly after 
North Dakota submitted the SIP revision to EPA, the State created a 
new environmental agency and North Dakota's Air Pollution rules were 
recodified as 33.1-15 instead of 33-15. Therefore, the current and 
correct codification of the provision which is being removed under 
this action is 33.1-15-03-04.3.
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III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of ``33.1-15-03-
04.3'' in 40 CFR 52.1820. As described in Section II of this preamble, 
EPA's finalization of the revision of ``33.1-15-03-04'' incorporates 
the removal of provision ``33.1-15-03-04.3''. EPA has made, and will 
continue to make, these documents 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).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 removal of state law not meeting Federal 
requirements and does not impose additional requirements beyond those 
already 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 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

[[Page 47102]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 3, 2022. 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: July 25, 2022.
KC Becker,
Regional Administrator, Region 8.

    40 CFR part 52 is amended 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 entry ``33.1-15-03-04'' under the heading ``33.1-15-03. Restriction 
of Emission of Visible Air Contaminants'' to read as follows:


Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *

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                                                                           State
             Rule No.                          Rule title                effective    EPA  effective  Final rule citation/date          Comments
                                                                           date             date
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                                             33.1-15-03. Restriction of Emission of Visible Air Contaminants
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                                                                      * * * * * * *
33.1-15-03-04....................  Exceptions.......................          7/1/16          9/1/22  [insert Federal Register  This revision removes
                                                                                                       citation], 8/2/22.        provision ``33.1-15-03-
                                                                                                                                 04.3''.
 
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[FR Doc. 2022-16276 Filed 8-1-22; 8:45 am]
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