Clean Air Act Approval and Promulgation of Air Quality Implementation Plan Revision for North Dakota; Revisions to the Air Pollution Control Rules, 45539-45542 [05-15609]
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107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. From 5 a.m. to 9 p.m. from August
3 to August 20, 2005, a temporary
§ 165.T13–013 is added to read as
follows:
I
§ 165.T13–013 Safety Zone: New Tacoma
Narrows Bridge Construction Project.
(a) Location. The following is a safety
zone: All waters of the Tacoma Narrows,
Washington State, within 250 yards on
either side of a line with the points of
47°16′15″ N, 122°33′15″ W, to 47°15′59″
N, 122°32′49″ W, to 47°15′49″ N,
122°32′43″ W. [Datum: NAD 1983]
(b) Regulations. In accordance with
the general regulations in Section
165.23 of this part, no person or vessel
may enter or remain in the zone except
for those persons involved in the
construction of the new Tacoma
Narrows Bridge, supporting personnel,
or other vessels authorized by the
Captain of the Port or his designated
representatives. Vessels and persons
granted authorization to enter the safety
zone shall obey all lawful orders or
directions of the Captain of the Port or
his designated representative.
(c) Applicable dates. This section
applies from 5 a.m. until 9 p.m., Pacific
daylight time, from August 3 to August
20, 2005.
Dated: July 29, 2005.
Mark J. Huebschman,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Puget Sound.
[FR Doc. 05–15617 Filed 8–5–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[RME Docket Number R08–OAR–2005–ND–
0001; FRL–7942–4]
Clean Air Act Approval and
Promulgation of Air Quality
Implementation Plan Revision for
North Dakota; Revisions to the Air
Pollution Control Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action approving certain revisions to the
State Implementation Plan (SIP) as
submitted by the Governor of North
Dakota with a letter dated April 11,
2003. The revisions affect certain
portions of air pollution control rules
regarding permitting and prevention of
significant deterioration. This action is
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being taken under section 110 of the
Clean Air Act.
DATES: This rule is effective on October
7, 2005, without further notice, unless
EPA receives adverse comment by
September 7, 2005. If adverse comment
is received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. R08–OAR–
2005–ND–0001, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web site: https://
docket.epa.gov/rmepub/index.jsp.
Regional Materials in EDOCKET (RME),
EPA’s electronic public docket and
comment system for regional actions, is
EPA’s preferred method for receiving
comments. Follow the on-line
instructions for submitting comments.
• E-mail: long.richard@epa.gov and
platt.amy@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Richard R. Long, Director, Air
and Radiation Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 999 18th Street, Suite
300, Denver, Colorado 80202–2466.
• Hand Delivery: Richard R. Long,
Director, Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 999
18th Street, Suite 300, Denver, Colorado
80202–2466. Such deliveries are only
accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal
holidays. Special arrangements should
be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. R08–OAR–2005–ND–
0001. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available at https://docket.epa.gov/
rmepub/index.jsp, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through EDOCKET,
regulations.gov, or e-mail. The EPA’s
Regional Materials in EDOCKET and
Federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
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45539
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA, without going through
EDOCKET or regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA’s public docket visit
EDOCKET online or see the Federal
Register of May 31, 2002 (67 FR 38102).
For additional instructions on
submitting comments, go to section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the Regional Materials in
EDOCKET index at https://
docket.epa.gov/rmepub/index.jsp.
Although listed in the index, some
information is not publicly available,
i.e., 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 in
Regional Materials in EDOCKET or in
hard copy at the Air and Radiation
Program, Environmental Protection
Agency (EPA), Region 8, 999 18th
Street, Suite 300, Denver, Colorado
80202–2466. 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 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Amy Platt, Environmental Protection
Agency, Region 8, (303) 312–6449,
platt.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background
III. Revisions in the April 11, 2003 Submittal
That are the Subject of this Document
IV. Section 110(l)
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V. Final Action
VI. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or ND mean the
State of North Dakota, unless the
context indicates otherwise.
(v) The initials PSD mean prevention
of significant deterioration of air quality.
(vi) The initials NDDH mean or refer
to the North Dakota Department of
Health.
I. General Information
A. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through Regional
Materials in EDOCKET, regulations.gov
or e-mail. Clearly mark the part or all of
the information that you claim to be
CBI. For CBI information in a disk or CD
ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI
and then identify electronically within
the disk or CD ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
I. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
II. Follow directions—The agency
may ask you to respond to specific
questions or organize comments by
referencing a Code of Federal
Regulations (CFR) part or section
number.
III. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
IV. Describe any assumptions and
provide any technical information and/
or data that you used.
V. If you estimate potential costs or
burdens, explain how you arrived at
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your estimate in sufficient detail to
allow for it to be reproduced.
VI. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
VII. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
VIII. Make sure to submit your
comments by the comment period
deadline identified.
II. Background
The Act requires States to follow
certain procedures in developing
implementation plans and plan
revisions for submission to us. Sections
110(a)(2) and 110(l) of the Act provide
that each implementation plan must be
adopted after reasonable notice and
public hearing.
To provide for public comment, the
North Dakota Department of Health
(NDDH), after providing notice, held a
public hearing on April 19, 2002 to
address the revisions to the State
Implementation Plan (SIP) and Air
Pollution Control Rules. Following the
public hearing, comment period, and
legal review by the North Dakota
Attorney General’s Office, the North
Dakota State Health Council adopted the
revisions, which became effective on
March 1, 2003. The North Dakota
Governor submitted the SIP revisions to
us with a letter dated April 11, 2003.
On October 21, 2004, EPA published
a notice of final rulemaking for the State
of North Dakota (see 69 FR 61762). In
that final rulemaking, we approved
portions of the SIP revision submitted
by the Governor of North Dakota on
April 11, 2003. The portions of the SIP
revision that we approved affected the
North Dakota Air Pollution Control
Rules regarding general provisions and
emissions of particulate matter and
sulfur compounds.
As we discussed in our October 21,
2004 notice of final rulemaking, we
were handling separately the revisions
in the April 11, 2003 submittal
addressing North Dakota Air Pollution
Control Rules Section 33–15–01–13,
regarding shutdown and malfunction of
an installation, certain portions of
Chapter 33–15–14, regarding
construction and minor source
permitting, and certain portions of
Chapter 33–15–15, regarding prevention
of significant deterioration.
III. Revisions in the April 11, 2003
Submittal That Are the Subject of This
Document
The revisions in the April 11, 2003
submittal to be addressed in this
document pertain to certain portions of
the North Dakota Air Pollution Control
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Rules regarding construction and minor
source permitting and prevention of
significant deterioration, which involve
sections of the following chapters of the
North Dakota Administrative Code
(N.D.A.C.): 33–15–14 Designated Air
Contaminant Sources, Permit to
Construct, Minor Source Permit to
Operate, Title V Permit to Operate
(certain sections specific to construction
and minor source permitting) and 33–
15–15 (Prevention of Significant
Deterioration of Air Quality).
A. Chapter 33–15–14, N.D.A.C.,
Designated Air Contaminant Sources,
Permit to Construct, Minor Source
Permit to Operate, Title V Permit to
Operate (certain sections specific to
construction and minor source
permitting)
In the Permit to Construct section, 33–
15–14–02, subsection 33–15–14–02.5,
Review of application—Standard for
granting permits to construct, was
revised to increase the amount of time
the NDDH is allowed to make its
preliminary determinations on a Permit
to Construct application. The increase
was from 30 days to 90 days. In
addition, a revision was made to the
provision regarding the preliminary
determination on whether the proposed
project will provide all known available
and reasonable methods of emission
control. ‘‘All known’’ was changed to
‘‘necessary.’’ The NDDH was concerned
that ‘‘all known’’ could have been
interpreted to require the absolute best
control technology available (i.e.,
Lowest Achievable Emission Rate or
LAER) even though emission limits in
the other rules of the SIP may require
something less. Since it was never
NDDH’s intent to establish additional
emission control requirements
(especially LAER) in the Permit to
Construct section that would supersede
those in the rest of the SIP, this revision
was made to clarify that the emission
control methodology proposed must be
sufficient to comply with the applicable
rules but not more than the applicable
requirements dictate.
Subdivision 33–15–14–02.13.i,
paragraph 5, was revised to clarify that
petroleum liquid storage tanks that are
subject to air pollution control
requirements under the State’s New
Source Performance Standards (NSPS)
Program, Chapter 33–15–12, are not
exempt from getting a permit to
construct.
In the Minor Source Permit to Operate
section, 33–15–14–03, subsection 33–
15–14–03.4, Performance testing, was
revised to incorporate performance and
emissions testing requirements
previously located at 33–15–14–03.11.
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As a result, subsection 33–15–14–03.11
was deleted.
In subsection 33–15–14–03.5, Action
on applications, subparagraph 33–15–
14–03.5.a(1)(d), was revised to eliminate
the requirement for delivery of a copy
of the proposed minor source permit to
operate and public notice to the chief
executive officer of the city and county
where the source is located and the
Regional Planning Agency. Regional
Planning Agencies will continue to get
notice of preconstruction permits and
counties will continue to get notice of
federally enforceable minor source
permits to operate since the State sends
a copy to the County Auditor. Therefore,
this revision results in a change in
process but without any substantive
impacts.
The changes to subsection 33–15–14–
03.5 also clarified that lands will be
considered to be ‘‘significantly affected’’
by a source’s emissions if the source is
located within 50 kilometers of such
land. While a source seeking a federally
enforceable minor source permit to
operate may cause localized air quality
degradation near the source, these
impacts diminish rapidly with
increasing distance from the source.
Therefore, EPA believes this
clarification is reasonable since it is
extremely unlikely that minor sources
would have a significant impact beyond
50 km.
The revisions discussed above are
clarifying or procedural in nature;
therefore, these revisions are
approvable.
Finally, in the Permit to Construct
section, 33–15–14–02, Subsection 33–
15–14–02.13, Exemptions, subdivision
33–15–14–02.13.c was revised to amend
an exemption for internal combustion
engines. The change exempts internal
combustion engines with a maximum
rating of less than 1000 brake
horsepower which operate less than 500
hours in a year from the construction
permitting requirements provided they
are not ‘‘utility units’’ as defined in the
State’s Acid Rain Program, Chapter 33–
15–21. This revision was made
primarily for emergency generators. The
State believes that almost all the engines
that fall into this exemption category are
diesel engines or natural gas fired.
Therefore, using the appropriate AP–42
emission factors, they estimated that the
most one of these engines will emit (i.e.,
operating at 1000 horsepower for 500
hours/year) is 8 tons/year of any
pollutant. Even though these units are
exempt from the preconstruction
permitting requirements, they must still
comply with any other applicable
requirements in the permitting rules.
Also, if any such unit is located at a
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major source, it will be included in the
Title V permit.
The engines covered by this
exemption will produce only a minimal
increase in emissions. Since the ambient
levels are well below the NAAQS, EPA
concludes that this revision will not
interfere with attainment or
maintenance of the NAAQS or any other
applicable requirement of the Act and
is, therefore, approvable.
B. Chapter 33–15–15, N.D.A.C.,
Prevention of Significant Deterioration
(PSD) of Air Quality
In subsection 33–15–15–01.1,
Definitions, the subparagraph regarding
major modifications (33–15–15–
01.1.x(2)(d)) was revised. The revision
clarifies that a physical change or
change in the method of operation does
not include an increase in the hours of
operation or in the production rate,
unless such change would be prohibited
under any federally enforceable permit
conditions established under the
requirements of the PSD program
(Chapter 33–15–15) or the Permit to
Construct and Permit to Operate
requirements of Chapter 33–15–14. This
revision became effective at the State
level on March 1, 2003, to make the
regulations consistent with the Federal
PSD requirements in effect at that time,
as found in 40 CFR 51.24(b)(2)(iii)(f) and
52.21(b)(2)(iii)(f). This revision is still
consistent with the new PSD
requirements found in 40 CFR 51.166
and 52.21, as promulgated on December
31, 2002. Therefore, this revision is
approvable.
In addition, subsection 33–15–15–
01.4, Review of New Major Stationary
Sources and Major Modifications,
subparagraph 33–15–15–01.4.h(3),
regarding source information, was
updated to delete a reference to an
outdated, obsolete State document
regarding Best Available Control
Technology (BACT). This revision is
editorial in nature and is approvable.
IV. Section 110(l)
Section 110(l) of the Clean Air Act
states that a SIP revision cannot be
approved if the revision would interfere
with any applicable requirement
concerning attainment and reasonable
further progress towards attainment of
the National Ambient Air Quality
Standards (NAAQS) or any other
applicable requirements of the Act.
There are no nonattainment areas in
North Dakota. The revisions to the
permitting provisions and PSD rules,
except as discussed below, were either
clarifying or procedural in nature, will
not affect emissions, and will not
interfere with requirements of the Act
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related to administrative or procedural
provisions. Therefore, these revisions do
not interfere with attainment or
maintenance of the NAAQS or other
applicable requirements of the Act.
The State believes that the exemption
for internal combustion engines in 33–
15–14–02.13 applies mostly to
emergency type generators that are
diesel or natural gas fired. Using
appropriate AP–42 emission factors,
they demonstrated that the most one of
these engines will emit (i.e., operating at
1000 horsepower for 500 hours/year) is
8 tons/year of any pollutant. Therefore,
the engines covered by this exemption
will produce only a minimal increase in
emissions. Since ambient levels are well
below the NAAQS, EPA concludes that
this revision will not interfere with
attainment or maintenance of the
NAAQS or any other applicable
requirement of the Act.
Finally, the revision to the
subparagraph 33–15–15–01.1.x(2)(d) of
the PSD chapter was required by EPA to
be consistent with Federal PSD
requirements previously found in 40
CFR 51.24(b)(2)(iii)(f) and 40 CFR
52.21(b)(2)(iii)(f) and now located in 40
CFR 51.166 and 40 CFR 52.21.
Therefore, the revision does not
interfere with the attainment or
maintenance of the NAAQS, or other
applicable requirements of the Act, but
provides some enhancement.
V. Final Action
We reviewed the adequacy of these
certain revisions submitted by the North
Dakota Governor with a letter dated
April 11, 2003, and find them
approvable.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register publication, EPA is publishing
a separate document that will serve as
the proposal to approve the SIP revision
if adverse comments are filed. This rule
will be effective October 7, 2005,
without further notice unless the
Agency receives adverse comments by
September 7, 2005. If the EPA receives
adverse comments, EPA will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. EPA will
address all public comments in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
this action. Any parties interested in
commenting must do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
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or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
VI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Public Law 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
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In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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 rule 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 October 7, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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Dated: July 14, 2005.
Max H. Dodson,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ—North Dakota
2. Section 52.1820 is amended by
adding paragraph (c)(34) to read as
follows:
I
§ 52.1820
Identification of plan.
*
*
*
*
*
(c) * * *
(34) Certain revisions to the North
Dakota State Implementation Plan and
Air Pollution Control Rules as
submitted by the Governor with a letter
dated April 11, 2003. The revisions
affect portions of North Dakota
Administrative Code (N.D.A.C.)
regarding construction and minor
source permitting and prevention of
significant deterioration of air quality.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Air
Pollution Control Rules as follows:
(1) Chapter 33–15–14, N.D.A.C.,
Designated Air Contaminant Sources,
Permit to Construct, Minor Source
Permit to Operate, Title V Permit to
Operate, subsections 33–15–14–02.5,
33–15–14–02.13.c, 33–15–14–02.13.i(5),
33–15–14–03.4, 33–15–14–03.5.a(1)(d),
and 33–15–14–03.11, effective March 1,
2003.
(2) Chapter 33–15–15, N.D.A.C.,
Prevention of Significant Deterioration
of Air Quality, subsections 33–15–15–
01.1.x(2)(d) and 33–15–15–01.4.h(3),
effective March 1, 2003.
[FR Doc. 05–15609 Filed 8–5–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–TX–0011; FRL–7948–7]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Vehicle Inspection and Maintenance
Program for Travis and Williamson
Counties
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The EPA is approving a
revision to the State Implementation
E:\FR\FM\08AUR1.SGM
08AUR1
Agencies
[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Rules and Regulations]
[Pages 45539-45542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15609]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RME Docket Number R08-OAR-2005-ND-0001; FRL-7942-4]
Clean Air Act Approval and Promulgation of Air Quality
Implementation Plan Revision for North Dakota; Revisions to the Air
Pollution Control Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action approving certain revisions
to the State Implementation Plan (SIP) as submitted by the Governor of
North Dakota with a letter dated April 11, 2003. The revisions affect
certain portions of air pollution control rules regarding permitting
and prevention of significant deterioration. This action is being taken
under section 110 of the Clean Air Act.
DATES: This rule is effective on October 7, 2005, without further
notice, unless EPA receives adverse comment by September 7, 2005. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. R08-OAR-
2005-ND-0001, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: https://docket.epa.gov/rmepub/index.jsp.
Regional Materials in EDOCKET (RME), EPA's electronic public docket and
comment system for regional actions, is EPA's preferred method for
receiving comments. Follow the on-line instructions for submitting
comments.
E-mail: long.richard@epa.gov and platt.amy@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 300, Denver, Colorado 80202-2466.
Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal holidays. Special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. R08-OAR-2005-
ND-0001. EPA's policy is that all comments received will be included in
the public docket without change and may be made available at https://
docket.epa.gov/rmepub/index.jsp, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA's Regional Materials in EDOCKET and
Federal regulations.gov Web site are ``anonymous access'' systems,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA, without going through EDOCKET or
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional information about EPA's public docket visit EDOCKET online
or see the Federal Register of May 31, 2002 (67 FR 38102). For
additional instructions on submitting comments, go to section I.
General Information of the SUPPLEMENTARY INFORMATION section of this
document.
Docket: All documents in the docket are listed in the Regional
Materials in EDOCKET index at https://docket.epa.gov/rmepub/index.jsp.
Although listed in the index, some information is not publicly
available, i.e., 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 in Regional Materials in EDOCKET or in
hard copy at the Air and Radiation Program, Environmental Protection
Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado
80202-2466. 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 a.m. to 4 p.m., excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection
Agency, Region 8, (303) 312-6449, platt.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background
III. Revisions in the April 11, 2003 Submittal That are the Subject
of this Document
IV. Section 110(l)
[[Page 45540]]
V. Final Action
VI. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State or ND mean the State of North Dakota, unless
the context indicates otherwise.
(v) The initials PSD mean prevention of significant deterioration
of air quality.
(vi) The initials NDDH mean or refer to the North Dakota Department
of Health.
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
I. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
II. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
III. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
IV. Describe any assumptions and provide any technical information
and/or data that you used.
V. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
VI. Provide specific examples to illustrate your concerns, and
suggest alternatives.
VII. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
VIII. Make sure to submit your comments by the comment period
deadline identified.
II. Background
The Act requires States to follow certain procedures in developing
implementation plans and plan revisions for submission to us. Sections
110(a)(2) and 110(l) of the Act provide that each implementation plan
must be adopted after reasonable notice and public hearing.
To provide for public comment, the North Dakota Department of
Health (NDDH), after providing notice, held a public hearing on April
19, 2002 to address the revisions to the State Implementation Plan
(SIP) and Air Pollution Control Rules. Following the public hearing,
comment period, and legal review by the North Dakota Attorney General's
Office, the North Dakota State Health Council adopted the revisions,
which became effective on March 1, 2003. The North Dakota Governor
submitted the SIP revisions to us with a letter dated April 11, 2003.
On October 21, 2004, EPA published a notice of final rulemaking for
the State of North Dakota (see 69 FR 61762). In that final rulemaking,
we approved portions of the SIP revision submitted by the Governor of
North Dakota on April 11, 2003. The portions of the SIP revision that
we approved affected the North Dakota Air Pollution Control Rules
regarding general provisions and emissions of particulate matter and
sulfur compounds.
As we discussed in our October 21, 2004 notice of final rulemaking,
we were handling separately the revisions in the April 11, 2003
submittal addressing North Dakota Air Pollution Control Rules Section
33-15-01-13, regarding shutdown and malfunction of an installation,
certain portions of Chapter 33-15-14, regarding construction and minor
source permitting, and certain portions of Chapter 33-15-15, regarding
prevention of significant deterioration.
III. Revisions in the April 11, 2003 Submittal That Are the Subject of
This Document
The revisions in the April 11, 2003 submittal to be addressed in
this document pertain to certain portions of the North Dakota Air
Pollution Control Rules regarding construction and minor source
permitting and prevention of significant deterioration, which involve
sections of the following chapters of the North Dakota Administrative
Code (N.D.A.C.): 33-15-14 Designated Air Contaminant Sources, Permit to
Construct, Minor Source Permit to Operate, Title V Permit to Operate
(certain sections specific to construction and minor source permitting)
and 33-15-15 (Prevention of Significant Deterioration of Air Quality).
A. Chapter 33-15-14, N.D.A.C., Designated Air Contaminant Sources,
Permit to Construct, Minor Source Permit to Operate, Title V Permit to
Operate (certain sections specific to construction and minor source
permitting)
In the Permit to Construct section, 33-15-14-02, subsection 33-15-
14-02.5, Review of application--Standard for granting permits to
construct, was revised to increase the amount of time the NDDH is
allowed to make its preliminary determinations on a Permit to Construct
application. The increase was from 30 days to 90 days. In addition, a
revision was made to the provision regarding the preliminary
determination on whether the proposed project will provide all known
available and reasonable methods of emission control. ``All known'' was
changed to ``necessary.'' The NDDH was concerned that ``all known''
could have been interpreted to require the absolute best control
technology available (i.e., Lowest Achievable Emission Rate or LAER)
even though emission limits in the other rules of the SIP may require
something less. Since it was never NDDH's intent to establish
additional emission control requirements (especially LAER) in the
Permit to Construct section that would supersede those in the rest of
the SIP, this revision was made to clarify that the emission control
methodology proposed must be sufficient to comply with the applicable
rules but not more than the applicable requirements dictate.
Subdivision 33-15-14-02.13.i, paragraph 5, was revised to clarify
that petroleum liquid storage tanks that are subject to air pollution
control requirements under the State's New Source Performance Standards
(NSPS) Program, Chapter 33-15-12, are not exempt from getting a permit
to construct.
In the Minor Source Permit to Operate section, 33-15-14-03,
subsection 33-15-14-03.4, Performance testing, was revised to
incorporate performance and emissions testing requirements previously
located at 33-15-14-03.11.
[[Page 45541]]
As a result, subsection 33-15-14-03.11 was deleted.
In subsection 33-15-14-03.5, Action on applications, subparagraph
33-15-14-03.5.a(1)(d), was revised to eliminate the requirement for
delivery of a copy of the proposed minor source permit to operate and
public notice to the chief executive officer of the city and county
where the source is located and the Regional Planning Agency. Regional
Planning Agencies will continue to get notice of preconstruction
permits and counties will continue to get notice of federally
enforceable minor source permits to operate since the State sends a
copy to the County Auditor. Therefore, this revision results in a
change in process but without any substantive impacts.
The changes to subsection 33-15-14-03.5 also clarified that lands
will be considered to be ``significantly affected'' by a source's
emissions if the source is located within 50 kilometers of such land.
While a source seeking a federally enforceable minor source permit to
operate may cause localized air quality degradation near the source,
these impacts diminish rapidly with increasing distance from the
source. Therefore, EPA believes this clarification is reasonable since
it is extremely unlikely that minor sources would have a significant
impact beyond 50 km.
The revisions discussed above are clarifying or procedural in
nature; therefore, these revisions are approvable.
Finally, in the Permit to Construct section, 33-15-14-02,
Subsection 33-15-14-02.13, Exemptions, subdivision 33-15-14-02.13.c was
revised to amend an exemption for internal combustion engines. The
change exempts internal combustion engines with a maximum rating of
less than 1000 brake horsepower which operate less than 500 hours in a
year from the construction permitting requirements provided they are
not ``utility units'' as defined in the State's Acid Rain Program,
Chapter 33-15-21. This revision was made primarily for emergency
generators. The State believes that almost all the engines that fall
into this exemption category are diesel engines or natural gas fired.
Therefore, using the appropriate AP-42 emission factors, they estimated
that the most one of these engines will emit (i.e., operating at 1000
horsepower for 500 hours/year) is 8 tons/year of any pollutant. Even
though these units are exempt from the preconstruction permitting
requirements, they must still comply with any other applicable
requirements in the permitting rules. Also, if any such unit is located
at a major source, it will be included in the Title V permit.
The engines covered by this exemption will produce only a minimal
increase in emissions. Since the ambient levels are well below the
NAAQS, EPA concludes that this revision will not interfere with
attainment or maintenance of the NAAQS or any other applicable
requirement of the Act and is, therefore, approvable.
B. Chapter 33-15-15, N.D.A.C., Prevention of Significant Deterioration
(PSD) of Air Quality
In subsection 33-15-15-01.1, Definitions, the subparagraph
regarding major modifications (33-15-15-01.1.x(2)(d)) was revised. The
revision clarifies that a physical change or change in the method of
operation does not include an increase in the hours of operation or in
the production rate, unless such change would be prohibited under any
federally enforceable permit conditions established under the
requirements of the PSD program (Chapter 33-15-15) or the Permit to
Construct and Permit to Operate requirements of Chapter 33-15-14. This
revision became effective at the State level on March 1, 2003, to make
the regulations consistent with the Federal PSD requirements in effect
at that time, as found in 40 CFR 51.24(b)(2)(iii)(f) and
52.21(b)(2)(iii)(f). This revision is still consistent with the new PSD
requirements found in 40 CFR 51.166 and 52.21, as promulgated on
December 31, 2002. Therefore, this revision is approvable.
In addition, subsection 33-15-15-01.4, Review of New Major
Stationary Sources and Major Modifications, subparagraph 33-15-15-
01.4.h(3), regarding source information, was updated to delete a
reference to an outdated, obsolete State document regarding Best
Available Control Technology (BACT). This revision is editorial in
nature and is approvable.
IV. Section 110(l)
Section 110(l) of the Clean Air Act states that a SIP revision
cannot be approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the National Ambient Air Quality Standards
(NAAQS) or any other applicable requirements of the Act. There are no
nonattainment areas in North Dakota. The revisions to the permitting
provisions and PSD rules, except as discussed below, were either
clarifying or procedural in nature, will not affect emissions, and will
not interfere with requirements of the Act related to administrative or
procedural provisions. Therefore, these revisions do not interfere with
attainment or maintenance of the NAAQS or other applicable requirements
of the Act.
The State believes that the exemption for internal combustion
engines in 33-15-14-02.13 applies mostly to emergency type generators
that are diesel or natural gas fired. Using appropriate AP-42 emission
factors, they demonstrated that the most one of these engines will emit
(i.e., operating at 1000 horsepower for 500 hours/year) is 8 tons/year
of any pollutant. Therefore, the engines covered by this exemption will
produce only a minimal increase in emissions. Since ambient levels are
well below the NAAQS, EPA concludes that this revision will not
interfere with attainment or maintenance of the NAAQS or any other
applicable requirement of the Act.
Finally, the revision to the subparagraph 33-15-15-01.1.x(2)(d) of
the PSD chapter was required by EPA to be consistent with Federal PSD
requirements previously found in 40 CFR 51.24(b)(2)(iii)(f) and 40 CFR
52.21(b)(2)(iii)(f) and now located in 40 CFR 51.166 and 40 CFR 52.21.
Therefore, the revision does not interfere with the attainment or
maintenance of the NAAQS, or other applicable requirements of the Act,
but provides some enhancement.
V. Final Action
We reviewed the adequacy of these certain revisions submitted by
the North Dakota Governor with a letter dated April 11, 2003, and find
them approvable.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective October 7, 2005,
without further notice unless the Agency receives adverse comments by
September 7, 2005. If the EPA receives adverse comments, EPA will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. The EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph,
[[Page 45542]]
or section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 October 7, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 14, 2005.
Max H. Dodson,
Acting Regional Administrator, Region 8.
0
40 CFR part 52 is amended to read as follows:
PART 52--[AMENDED]
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 is amended by adding paragraph (c)(34) to read as
follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
(34) Certain revisions to the North Dakota State Implementation
Plan and Air Pollution Control Rules as submitted by the Governor with
a letter dated April 11, 2003. The revisions affect portions of North
Dakota Administrative Code (N.D.A.C.) regarding construction and minor
source permitting and prevention of significant deterioration of air
quality.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Air Pollution Control Rules as
follows:
(1) Chapter 33-15-14, N.D.A.C., Designated Air Contaminant Sources,
Permit to Construct, Minor Source Permit to Operate, Title V Permit to
Operate, subsections 33-15-14-02.5, 33-15-14-02.13.c, 33-15-14-
02.13.i(5), 33-15-14-03.4, 33-15-14-03.5.a(1)(d), and 33-15-14-03.11,
effective March 1, 2003.
(2) Chapter 33-15-15, N.D.A.C., Prevention of Significant
Deterioration of Air Quality, subsections 33-15-15-01.1.x(2)(d) and 33-
15-15-01.4.h(3), effective March 1, 2003.
[FR Doc. 05-15609 Filed 8-5-05; 8:45 am]
BILLING CODE 6560-50-P