Approval and Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 and 2006 PM2.5, 45866-45869 [2013-18039]
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45866
Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Rules and Regulations
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 September 30,
2013. 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,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR part 52 is amended to read as
follows:
PART 52—[APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart BB—Montana
2. Section 52.1394 is amended by
designating the existing paragraph as (a)
and adding paragraph (b) to read as
follows:
■
§ 52.1394 Section 110(a)(2) Infrastructure
requirements.
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(b) On February 10, 2010, Brian
Schweitzer, Governor, State of Montana,
submitted a certification letter which
provides the State of Montana’s SIP
provisions which meet the requirements
of CAA section 110(a)(1) and (2),
elements (A), (B), (C) with respect to the
requirement to have a minor NSR
program that addresses PM2.5; (E)(i),
(E)(iii), (F), (G), (H), (J) with respect to
the requirements of sections 121 and
127, (K), (L), and (M).
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40 CFR Part 52
[EPA–R08–OAR–2011–0726, FRL–9839–9]
Approval and Promulgation of State
Implementation Plan Revisions;
Infrastructure Requirements for the
1997 and 2006 PM2.5 National Ambient
Air Quality Standards; Prevention of
Significant Deterioration Requirements
for PM2.5 Increments and Major and
Minor Source Baseline Dates; State
Board Requirements; North Dakota
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the State
Implementation Plan (SIP) submission
from the State of North Dakota to
demonstrate that the SIP meets the
infrastructure requirements of the Clean
Air Act (CAA) for the National Ambient
Air Quality Standards (NAAQS)
promulgated for fine particulate matter
(PM2.5) on July 18, 1997 and on October
17, 2006. The CAA requires that each
state, after a new or revised NAAQS is
promulgated, review their SIPs to
ensure that they meet infrastructure
requirements. The State of North Dakota
submitted certifications of their
infrastructure SIP on August 12, 2010
and May 22, 2012 for the 2006 PM2.5
NAAQS. In addition, the State of North
Dakota submitted a certification of their
infrastructure SIP on May 25, 2012 for
the 1997 PM2.5 NAAQS. EPA is also
approving SIP revisions that the State of
North Dakota submitted that update the
Prevention of Significant Deterioration
(PSD) program and the SIP provisions
regarding state boards.
DATES: Effective Date: This final rule is
effective August 29, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No.EPA–R08–OAR–2011–0726. All
documents in the docket are listed on
the www.regulations.gov Web site.
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 either electronically through
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
SUMMARY:
Dated: July 12, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
*
ENVIRONMENTAL PROTECTION
AGENCY
PO 00000
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80202–1129. 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, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kathy Ayala, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6142,
ayala.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
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 initials CBI mean or refer to
confidential business information.
(iii) The word Department means or refers to
the North Dakota Department of Health.
(iv) The words EPA, we, us or our mean or
refer to the United States Environmental
Protection Agency.
(v) The initials NAAQS mean or refer to
national ambient air quality standards.
(vi) The initials NSR mean or refer to new
source review.
(vii) The initials PM mean or refer to
particulate matter.
(viii) The initials PM2.5 mean or refer to
particulate matter with an aerodynamic
diameter of less than 2.5 micrometers
(fine particulate matter).
(ix) The initials PSD mean or refer to
Prevention of Significant Deterioration.
(x) The initials SIP mean or refer to State
Implementation Plan.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews.
I. Background
Infrastructure requirements for SIPs
are provided in sections 110(a)(1) and
(2) of the CAA. Section 110(a)(2) lists
the specific infrastructure elements that
a SIP must contain or satisfy. The
elements that are the subject of this
action are described in detail in our
notice of proposed rulemaking (NPR),
published on May 13, 2013 (78 FR
27898).
In the NPR, EPA proposed to approve
North Dakota’s submissions for the
following infrastructure elements for the
1997 and 2006 PM2.5 NAAQS: CAA
section 110(a)(2)(A), (B), (C) with
respect to minor NSR and PSD
requirements, (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M). We proposed to
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approve North Dakota’s submissions for
element (D)(i)(II) with respect to PSD
requirements for the 2006 PM2.5
NAAQS. In conjunction with our action
on North Dakota’s infrastructure SIP
submittals, EPA also proposed to
approve a portion of the State’s January
24, 2013 submittal revising the State’s
PSD program: specifically, the portion
incorporating by reference the text of 40
CFR part 52, section 21, paragraphs
(b)(14)(i), (ii), and (iii); (b)(15)(i) and (ii);
and paragraph (c) as those paragraphs
existed on January 1, 2012.
Additionally, EPA proposed to approve
the portion of the April 8, 2013
submittal that revised Chapter 2,
Section 2.15, Respecting Boards.
Finally, EPA will act separately on
infrastructure element (D)(i)(I) for the
2006 PM2.5 NAAQS.
The approval of the above portion of
the January 24, 2013 submittal
incorporates the PM2.5 increments into
the State’s PSD program and updates the
program to meet the current
requirements for all regulated NSR
pollutants. As a result, North Dakota’s
SIP satisfies the PSD requirements in
infrastructure elements (C) and (J). In
addition, with our approval of the
portion of the April 8, 2013 submittal
regarding state boards, the North Dakota
SIP meets the current requirements for
section 128 and element (E)(ii) regarding
disclosure requirements that apply to
any person that approves permits or
enforcement orders under North
Dakota’s implementation of the CAA.
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II. Response to Comments
No comments were received on our
May 13, 2013 NPR.
III. Final Action
EPA is approving the following
infrastructure elements for the 1997 and
2006 PM2.5 NAAQS: CAA 110(a)(2)(A),
(B), (C) with respect to minor NSR and
PSD requirements, (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). EPA is
approving (D)(i)(II) with respect to PSD
requirements for the 2006 PM2.5
NAAQS. EPA is approving a portion of
the State’s January 24, 2013 submittal
revising the State’s PSD program.
Specifically, we are approving the
inclusion into the North Dakota SIP of
the text of 40 CFR part 52, section 21,
paragraphs (b)(14)(i), (ii), and (iii);
(b)(15)(i) and (ii); and paragraph (c) as
those paragraphs existed on January 1,
2012. Additionally, EPA is approving
the portion of the April 8, 2013
submittal revising Chapter 2, Section
2.15, Respecting Boards. Finally, EPA
will act separately on infrastructure
element (D)(i)(I) for the 2006 p.m. 2.5
NAAQS.
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IV. 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, 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 Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, 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 Clean Air Act;
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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
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45867
costs on tribal governments or preempt
tribal law.
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 September 30,
2013. 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,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 12, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ—North Dakota
2. Section 52.1820 is amended by:
a. Revising provision, 35–15–15–01.2
within table (c).
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b. Revising table (e) item (1), and
adding item (31) to table (e).
The revisions read as follows:
■
§ 52.1820
Identification of plan.
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(c) * * *
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STATE OF NORTH DAKOTA REGULATIONS
State citation
Title/subject
*
State effective
date
*
*
33–15–15
*
*
*
*
Scope ...............
*
*
*
(1) Implementation Plan
for the Control of Air
Pollution for the State
of North Dakota.
Statewide ..........
*
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*
*
State submittal date/
adopted date
Submitted: 1/24/72;
Adopted: 1/24/72.
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Statewide ..........
*
Also refer to 40 CFR 52.1829(c), (d).
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3. Section 52.1829 is amended by
adding paragraphs (c) and (d) as follows:
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§ 52.1829 Prevention of significant
deterioration of air quality.
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(c) Definitions. For the purpose of this
section:
(1) ‘‘Major source baseline date’’
means:
(i) In the case of PM10 and sulfur
dioxide, January 6, 1975;
(ii) In the case of nitrogen dioxide,
February 8, 1988; and
(iii) In the case of PM2.5, October 20,
2010.
(2) ‘‘Minor source baseline date’’
means the earliest date after the trigger
date on which a major stationary source
or a major modification subject to 40
CFR 52.21 or to regulations approved
pursuant to 40 CFR 51.166 submits a
complete application under the relevant
regulations. The trigger date is:
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EPA approval date and
citations
5/31/72, 37 FR 10842
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3/1/13 ...........................
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(e) * * *
Applicable geographic or nonattainment area
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9/27/12, 77 FR 64734 ..................................
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Name of nonregulatory
SIP provision
(31) Revisions to Chapter 2, Section 2.15,
Respecting Boards
(revised).
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10/27/10
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*
Explanations
Prevention of Significant Deterioration of Air Quality
*
33–15–15–01.2
EPA approval date and citation
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Excluding subsequent revisions, as follows:
Chapters 1, 2, 6, 7, 9, 11, and 12; Sections
1.14, 2.11, 2.15, 3.7, 6.8, 6.10, 6.11, 6.13,
7.7, and 8.3; and Subsections 3.2.1, 5.2.1,
6.11.3, 7.8.1.A, 7.8.1.B, 7.8.1.C, and 8.3.1.
Revisions to these non-regulatory provisions
have subsequently been approved. See
below.
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7/30/13 AND CITATION OF FINAL
RULE].
(i) In the case of PM10 and sulfur
dioxide, August 7, 1977;
(ii) In the case of nitrogen dioxide,
February 8, 1988; and
(iii) In the case of PM2.5, October 20,
2011.
(3) The baseline date is established for
each pollutant for which increments or
other equivalent measures have been
established if:
(i) The area in which the proposed
source or modification would construct
is designated as attainment or
unclassifiable under section
107(d)(1)(A)(ii) or (iii) of the Act for the
pollutant on the date of its complete
application under 40 CFR 52.21 or
under regulations approved pursuant to
40 CFR 51.166; and
(ii) In the case of a major stationary
source, the pollutant would be emitted
in significant amounts, or, in the case of
a major modification, there would be a
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significant net emissions increase of the
pollutant.
(4) ‘‘Baseline area’’ means any
intrastate area (and every part thereof)
designated as attainment or
unclassifiable under section
107(d)(1)(A)(ii) or (iii) of the Act in
which the major source or major
modification establishing the minor
source baseline date would construct or
would have an air quality impact for the
pollutant for which the baseline date is
established, as follows: equal to or
greater than 1 mg/m3 (annual average)
for SO2, NO2, or PM10; or equal or
greater than 0.3 mg/m3 (annual average)
for PM2.5.
(5) Area redesignations under section
107(d)(1)(A)(ii) or (iii) of the Act cannot
intersect or be smaller than the area of
impact of any major stationary source or
major modification which:
(i) Establishes a minor source baseline
date; or
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(ii) Is subject to 40 CFR 52.21 and
would be constructed in the same state
as the state proposing the redesignation.
(d) Ambient air increments. (1) In
areas designated as Class I, II or III,
increases in pollutant concentration
over the baseline concentration shall be
limited to the following:
Pollutant
Maximum
allowable
increase
(micrograms
per cubic
meter)
PM2.5:
Annual arithmetic mean ..
24-hr maximum ...............
PM10:
Annual arithmetic mean ..
24-hr maximum ...............
Sulfur dioxide:
Annual arithmetic mean ..
24-hr maximum ...............
3-hr maximum .................
Nitrogen dioxide:
Annual arithmetic mean ..
1
2
4
8
2
5
25
2.5
Class II Area
PM2.5:
Annual arithmetic mean ..
24-hr maximum ...............
PM10:
Annual arithmetic mean ..
24-hr maximum ...............
Sulfur dioxide:
Annual arithmetic mean ..
24-hr maximum ...............
3-hr maximum .................
Nitrogen dioxide:
Annual arithmetic mean ..
4
9
17
30
20
91
512
25
Class III Area
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PM2.5:
Annual arithmetic mean ..
24-hr maximum ...............
PM10:
Annual arithmetic mean ..
24-hr maximum ...............
Sulfur dioxide:
Annual arithmetic mean ..
24-hr maximum ...............
3-hr maximum .................
Nitrogen dioxide:
Annual arithmetic mean ..
8
18
34
60
40
182
700
50
(2) For any period other than an
annual period, the applicable maximum
allowable increase may be exceeded
during one such period per year at any
one location.
■ 4. Section 52.1833 is amended by
adding paragraph (c) to read as follows:
§ 52.1833 Section 110(a)(2) infrastructure
requirements.
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*
(c) EPA is approving the following
infrastructure elements for the 1997 and
2006 PM2.5 NAAQS: CAA section
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AGENCY
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110(a)(2)(A), (B), (C) with respect to
minor NSR and PSD requirements,
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M). EPA is approving (D)(i)(II) with
respect to PSD requirements for the
2006 PM2.5 NAAQS.
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Approval and Promulgation of State
Implementation Plans; State of
Montana; Interstate Transport of
Pollution for the 2006 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
partially approve and partially
disapprove portions of a State
Implementation Plan (SIP) submission
from the State of Montana that are
intended to demonstrate that its SIP
meets certain interstate transport
requirements of the Clean Air Act
(‘‘Act’’ or ‘‘CAA’’) for the 2006 fine
particulate matter (‘‘PM2.5’’) National
Ambient Air Quality Standards
(‘‘NAAQS’’). Specifically, EPA is
partially approving and partially
disapproving the portion of the Montana
SIP submission that addresses the CAA
requirement prohibiting emissions from
Montana sources from significantly
contributing to nonattainment of the
2006 PM2.5 NAAQS in any other state or
interfering with maintenance of the
2006 PM2.5 NAAQS by any other state.
EPA is also partially approving and
partially disapproving the portion of
Montana’s submission that addresses
the CAA requirement that SIPs contain
provisions to insure compliance with
specific other CAA requirements
relating to interstate and international
pollution abatement. These partial
disapprovals will not trigger an
obligation for EPA to promulgate a
Federal Implementation Plan (FIP) to
address these interstate transport
requirements as EPA is determining that
the existing SIP is adequate to meet the
specific CAA requirements.
DATES: Effective Date: This final rule is
effective August 29, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2012–0347. All
documents in the docket are listed on
the www.regulations.gov Web site.
SUMMARY:
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45869
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 either electronically through
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. 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, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop, Denver, Colorado 80202–
1129, (303) 312–7104,
clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
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 NAAQS mean or refer to
National Ambient Air Quality Standards.
(iv) The initials SIP mean or refer to State
Implementation Plan.
(v) The initials MDEQ mean or refer to the
Montana Department of Environmental
Quality.
(vi) The words Montana and State mean
the State of Montana.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On October 17, 2006 EPA
promulgated a new NAAQS for PM2.5,
revising the level of the 24-hour PM2.5
standard to 35 mg/m3 and retaining the
level of the annual PM2.5 standard at 15
mg/m3. (71 FR 61144). By statute, SIPs
meeting the ‘‘infrastructure’’
requirements of CAA sections 110(a)(1)
and (2) are to be submitted by states
within three years after promulgation of
a new or revised standard. Among the
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]]>Agencies
[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Pages 45866-45869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18039]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2011-0726, FRL-9839-9]
Approval and Promulgation of State Implementation Plan Revisions;
Infrastructure Requirements for the 1997 and 2006 PM2.5 National
Ambient Air Quality Standards; Prevention of Significant Deterioration
Requirements for PM2.5 Increments and Major and Minor Source Baseline
Dates; State Board Requirements; North Dakota
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving the State Implementation Plan (SIP)
submission from the State of North Dakota to demonstrate that the SIP
meets the infrastructure requirements of the Clean Air Act (CAA) for
the National Ambient Air Quality Standards (NAAQS) promulgated for fine
particulate matter (PM2.5) on July 18, 1997 and on October
17, 2006. The CAA requires that each state, after a new or revised
NAAQS is promulgated, review their SIPs to ensure that they meet
infrastructure requirements. The State of North Dakota submitted
certifications of their infrastructure SIP on August 12, 2010 and May
22, 2012 for the 2006 PM2.5 NAAQS. In addition, the State of
North Dakota submitted a certification of their infrastructure SIP on
May 25, 2012 for the 1997 PM2.5 NAAQS. EPA is also approving
SIP revisions that the State of North Dakota submitted that update the
Prevention of Significant Deterioration (PSD) program and the SIP
provisions regarding state boards.
DATES: Effective Date: This final rule is effective August 29, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No.EPA-R08-OAR-2011-0726. All documents in the docket are listed on the
www.regulations.gov Web site. 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 either
electronically through www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. 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, 8:00 a.m.
to 4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kathy Ayala, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6142,
ayala.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
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 initials CBI mean or refer to confidential business
information.
(iii) The word Department means or refers to the North Dakota
Department of Health.
(iv) The words EPA, we, us or our mean or refer to the United States
Environmental Protection Agency.
(v) The initials NAAQS mean or refer to national ambient air quality
standards.
(vi) The initials NSR mean or refer to new source review.
(vii) The initials PM mean or refer to particulate matter.
(viii) The initials PM2.5 mean or refer to particulate
matter with an aerodynamic diameter of less than 2.5 micrometers
(fine particulate matter).
(ix) The initials PSD mean or refer to Prevention of Significant
Deterioration.
(x) The initials SIP mean or refer to State Implementation Plan.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews.
I. Background
Infrastructure requirements for SIPs are provided in sections
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific
infrastructure elements that a SIP must contain or satisfy. The
elements that are the subject of this action are described in detail in
our notice of proposed rulemaking (NPR), published on May 13, 2013 (78
FR 27898).
In the NPR, EPA proposed to approve North Dakota's submissions for
the following infrastructure elements for the 1997 and 2006
PM2.5 NAAQS: CAA section 110(a)(2)(A), (B), (C) with respect
to minor NSR and PSD requirements, (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). We proposed to
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approve North Dakota's submissions for element (D)(i)(II) with respect
to PSD requirements for the 2006 PM2.5 NAAQS. In conjunction
with our action on North Dakota's infrastructure SIP submittals, EPA
also proposed to approve a portion of the State's January 24, 2013
submittal revising the State's PSD program: specifically, the portion
incorporating by reference the text of 40 CFR part 52, section 21,
paragraphs (b)(14)(i), (ii), and (iii); (b)(15)(i) and (ii); and
paragraph (c) as those paragraphs existed on January 1, 2012.
Additionally, EPA proposed to approve the portion of the April 8, 2013
submittal that revised Chapter 2, Section 2.15, Respecting Boards.
Finally, EPA will act separately on infrastructure element (D)(i)(I)
for the 2006 PM2.5 NAAQS.
The approval of the above portion of the January 24, 2013 submittal
incorporates the PM2.5 increments into the State's PSD
program and updates the program to meet the current requirements for
all regulated NSR pollutants. As a result, North Dakota's SIP satisfies
the PSD requirements in infrastructure elements (C) and (J). In
addition, with our approval of the portion of the April 8, 2013
submittal regarding state boards, the North Dakota SIP meets the
current requirements for section 128 and element (E)(ii) regarding
disclosure requirements that apply to any person that approves permits
or enforcement orders under North Dakota's implementation of the CAA.
II. Response to Comments
No comments were received on our May 13, 2013 NPR.
III. Final Action
EPA is approving the following infrastructure elements for the 1997
and 2006 PM2.5 NAAQS: CAA 110(a)(2)(A), (B), (C) with
respect to minor NSR and PSD requirements, (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M). EPA is approving (D)(i)(II) with respect to PSD
requirements for the 2006 PM2.5 NAAQS. EPA is approving a
portion of the State's January 24, 2013 submittal revising the State's
PSD program. Specifically, we are approving the inclusion into the
North Dakota SIP of the text of 40 CFR part 52, section 21, paragraphs
(b)(14)(i), (ii), and (iii); (b)(15)(i) and (ii); and paragraph (c) as
those paragraphs existed on January 1, 2012. Additionally, EPA is
approving the portion of the April 8, 2013 submittal revising Chapter
2, Section 2.15, Respecting Boards. Finally, EPA will act separately on
infrastructure element (D)(i)(I) for the 2006 p.m. 2.5
NAAQS.
IV. 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, 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 Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, 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 Clean Air Act; 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 September 30, 2013. 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,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 12, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ--North Dakota
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2. Section 52.1820 is amended by:
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a. Revising provision, 35-15-15-01.2 within table (c).
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b. Revising table (e) item (1), and adding item (31) to table (e).
The revisions read as follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
State of North Dakota Regulations
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State
State citation Title/subject effective EPA approval date Explanations
date and citation
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* * * * * * *
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33-15-15 Prevention of Significant Deterioration of Air Quality
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* * * * * * *
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33-15-15-01.2............ Scope.................... 10/27/10 9/27/12, 77 FR 64734 Also refer to 40 CFR
52.1829(c), (d).
* * * * * * *
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* * * * *
(e) * * *
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Applicable geographic State submittal EPA approval
Name of nonregulatory SIP or non-attainment date/adopted date and Explanations
provision area date citations
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(1) Implementation Plan for Statewide............ Submitted: 1/24/ 5/31/72, 37 FR Excluding subsequent
the Control of Air Pollution 72; Adopted: 1/ 10842. revisions, as
for the State of North Dakota. 24/72. follows: Chapters 1,
2, 6, 7, 9, 11, and
12; Sections 1.14,
2.11, 2.15, 3.7,
6.8, 6.10, 6.11,
6.13, 7.7, and 8.3;
and Subsections
3.2.1, 5.2.1,
6.11.3, 7.8.1.A,
7.8.1.B, 7.8.1.C,
and 8.3.1. Revisions
to these non-
regulatory
provisions have
subsequently been
approved. See below.
* * * * * * *
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(31) Revisions to Chapter 2, Statewide............ 3/1/13.......... 7/30/13 AND .....................
Section 2.15, Respecting CITATION OF
Boards (revised). FINAL RULE].
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* * * * *
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3. Section 52.1829 is amended by adding paragraphs (c) and (d) as
follows:
Sec. 52.1829 Prevention of significant deterioration of air quality.
* * * * *
(c) Definitions. For the purpose of this section:
(1) ``Major source baseline date'' means:
(i) In the case of PM10 and sulfur dioxide, January 6,
1975;
(ii) In the case of nitrogen dioxide, February 8, 1988; and
(iii) In the case of PM2.5, October 20, 2010.
(2) ``Minor source baseline date'' means the earliest date after
the trigger date on which a major stationary source or a major
modification subject to 40 CFR 52.21 or to regulations approved
pursuant to 40 CFR 51.166 submits a complete application under the
relevant regulations. The trigger date is:
(i) In the case of PM10 and sulfur dioxide, August 7,
1977;
(ii) In the case of nitrogen dioxide, February 8, 1988; and
(iii) In the case of PM2.5, October 20, 2011.
(3) The baseline date is established for each pollutant for which
increments or other equivalent measures have been established if:
(i) The area in which the proposed source or modification would
construct is designated as attainment or unclassifiable under section
107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of
its complete application under 40 CFR 52.21 or under regulations
approved pursuant to 40 CFR 51.166; and
(ii) In the case of a major stationary source, the pollutant would
be emitted in significant amounts, or, in the case of a major
modification, there would be a significant net emissions increase of
the pollutant.
(4) ``Baseline area'' means any intrastate area (and every part
thereof) designated as attainment or unclassifiable under section
107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major
modification establishing the minor source baseline date would
construct or would have an air quality impact for the pollutant for
which the baseline date is established, as follows: equal to or greater
than 1 [micro]g/m\3\ (annual average) for SO2,
NO2, or PM10; or equal or greater than 0.3
[micro]g/m\3\ (annual average) for PM2.5.
(5) Area redesignations under section 107(d)(1)(A)(ii) or (iii) of
the Act cannot intersect or be smaller than the area of impact of any
major stationary source or major modification which:
(i) Establishes a minor source baseline date; or
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(ii) Is subject to 40 CFR 52.21 and would be constructed in the
same state as the state proposing the redesignation.
(d) Ambient air increments. (1) In areas designated as Class I, II
or III, increases in pollutant concentration over the baseline
concentration shall be limited to the following:
------------------------------------------------------------------------
Maximum
allowable
increase
Pollutant (micrograms
per cubic
meter)
------------------------------------------------------------------------
Class I Area
------------------------------------------------------------------------
PM2.5:
Annual arithmetic mean............................... 1
24-hr maximum........................................ 2
PM10:
Annual arithmetic mean............................... 4
24-hr maximum........................................ 8
Sulfur dioxide:
Annual arithmetic mean............................... 2
24-hr maximum........................................ 5
3-hr maximum......................................... 25
Nitrogen dioxide:
Annual arithmetic mean............................... 2.5
------------------------------------------------------------------------
Class II Area
------------------------------------------------------------------------
PM2.5:
Annual arithmetic mean............................... 4
24-hr maximum........................................ 9
PM10:
Annual arithmetic mean............................... 17
24-hr maximum........................................ 30
Sulfur dioxide:
Annual arithmetic mean............................... 20
24-hr maximum........................................ 91
3-hr maximum......................................... 512
Nitrogen dioxide:
Annual arithmetic mean............................... 25
------------------------------------------------------------------------
Class III Area
------------------------------------------------------------------------
PM2.5:
Annual arithmetic mean............................... 8
24-hr maximum........................................ 18
PM10:
Annual arithmetic mean............................... 34
24-hr maximum........................................ 60
Sulfur dioxide:
Annual arithmetic mean............................... 40
24-hr maximum........................................ 182
3-hr maximum......................................... 700
Nitrogen dioxide:
Annual arithmetic mean............................... 50
------------------------------------------------------------------------
(2) For any period other than an annual period, the applicable
maximum allowable increase may be exceeded during one such period per
year at any one location.
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4. Section 52.1833 is amended by adding paragraph (c) to read as
follows:
Sec. 52.1833 Section 110(a)(2) infrastructure requirements.
* * * * *
(c) EPA is approving the following infrastructure elements for the
1997 and 2006 PM2.5 NAAQS: CAA section 110(a)(2)(A), (B),
(C) with respect to minor NSR and PSD requirements, (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M). EPA is approving (D)(i)(II) with
respect to PSD requirements for the 2006 PM2.5 NAAQS.
[FR Doc. 2013-18039 Filed 7-29-13; 8:45 am]
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