Approval and Promulgation of State Implementation Plan Revisions; Revisions to the Air Pollution Control Rules; North Dakota, 10448-10451 [2014-04073]

Download as PDF 10448 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2012–0761; FRL–9907–11– Region–8] Approval and Promulgation of State Implementation Plan Revisions; Revisions to the Air Pollution Control Rules; North Dakota Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the Governor of North Dakota on April 14, 2011. The revisions affect North Dakota’s air pollution control rules regarding general provisions, ambient air quality standards (sulfur dioxide (SO2), nitrogen dioxide (NOX), and lead), and permitting. EPA acted separately on other provisions in the April 14, 2011 submittal related to North Dakota’s regulation of greenhouse gases (GHGs) under its Prevention of Significant Deterioration (PSD) program. This action is being taken under section 110 of the Clean Air Act. DATES: Written comments must be received on or before March 27, 2014. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R08– OAR–2012–0761, by one of the following methods: • https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Email: Fallon.Gail@epa.gov. • Fax: (303) 312–6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT section if you are faxing comments). • Mail: Director, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. • Hand Delivery: Director, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mailcode 8P– AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. Such deliveries are only accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal holidays. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R08–OAR–2012– 0761. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:34 Feb 24, 2014 Jkt 232001 www.regulations.gov, 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 https:// www.regulations.gov or email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, 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 email comment directly to EPA, without going through https:// www.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 the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. 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 https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically at https:// 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 4:30 p.m., excluding federal holidays. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: Gail Fallon, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado, 80202–1129, (303) 312–6281, Fallon.Gail@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. General Information II. Background III. Analysis of SIP Revisions IV. Proposed Action V. Statutory and Executive Order Reviews Definitions For the purpose of this document, the following definitions apply: (i) The words or initials Act or CAA mean or refer to the Federal 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 GHG mean or refer to greenhouse gases. (iv) The initials NAAQS mean or refer to the National Ambient Air Quality Standards. (v) The initials NDAC mean or refer to North Dakota Administrative Code. (vi) The initials NDDH mean or refer to the North Dakota Department of Health. (vii) The initials NESHAP mean or refer to National Emissions Standards for Hazardous Air Pollutants. (viii) The initials NOX mean or refer to nitrogen oxides. (ix) The initials NSPS mean or refer to New Source Performance Standards. (x) The initials NSR mean or refer to New Source Review. (xi) The initials PM2.5 mean or refer to fine particulate matter. (xii) The initials PSD mean or refer to Prevention of Significant Deterioration. (xiii) The initials SAAQS mean or refer to State Ambient Air Quality Standards. (xiv) The initials SIP mean or refer to State Implementation Plan. (xv) The initials SO2 mean or refer to sulfur dioxide. (xvi) The words State or ND mean the State of North Dakota, unless the context indicates otherwise. 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 https:// regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI E:\FR\FM\25FEP1.SGM 25FEP1 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS 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: a. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). b. 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. c. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. d. Describe any assumptions and provide any technical information and/ or data that you used. e. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. f. Provide specific examples to illustrate your concerns, and suggest alternatives. g. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. h. 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 EPA. 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 August 19, 2010 to consider the revisions to its Air Pollution Control Rules. Following the public hearing, comment period, and legal review by the North Dakota Attorney General’s Office, NDDH adopted the revisions. The revisions to the Air Pollution Control Rules became effective on April 1, 2011. The North Dakota Governor submitted the SIP VerDate Mar<15>2010 16:34 Feb 24, 2014 Jkt 232001 revisions to us with a letter dated April 14, 2011. 10449 state ambient air quality standard (SAAQS) for SO2 of 273 parts per billion (ppb). There was no 1-hour SO2 national III. Analysis of SIP Revisions ambient air quality standard (NAAQS) We are proposing action on the April at that time. Because there were both a 14, 2011 submittal for SIP revisions that 24-hour and annual SAAQS and involve the following chapters of the NAAQS for SO2, coal conversion North Dakota Administrative Code facilities and petroleum refineries were (NDAC): 33–15–01, ‘‘General exempt from the SAAQS per North Provisions;’’ 33–15–02, ‘‘Ambient Air Dakota Century Code (NDCC) 23–25– Quality Standards;’’ and 33–15–14, 03.2. North Dakota NDAC 33–15–02– ‘‘Designated Air Contaminant Sources, 07.3 clarified that these source Permit to Construct, Minor Source categories only had to meet the NAAQS. Permit to Operate, Title V permit to The State’s rule revision eliminated the Operate.’’ We previously acted on the 1-hour SAAQS for SO2 and adopted the revisions to NDAC 33–15–15, 1-hour NAAQS (75 ppb). The revision ‘‘Prevention of Significant Deterioration makes the SO2 SAAQS and the NAAQS of Air Quality’’ in the April 14, 2011 the same; NDAC 33–15–02–07.3 is thus submittal regarding regulation of GHGs unnecessary. This revision is consistent and fine particulate matter (PM2.5) under with CAA and regulatory requirements. North Dakota’s PSD program in 2012 (77 Also in section 33–15–02–07, Tables FR 64734, October 23, 2012). The 1 and 2 were revised. Table 1, ‘‘Ambient following is our description and Air Quality Standards,’’ that lists the analysis of the revisions in this State ambient air quality standards was proposed action which the State revised to add the new 2010 federal 1submitted to us for approval. hour standards for NOX and SO2 and to amend the standard for lead to the 2008 A. Chapter 33–15–01, NDAC, General federal standard. Table 2, ‘‘National Provisions Ambient Air Quality Standards,’’ The State revised section 33–15–01– includes the old federal standards for 04.52 and cross-referenced and SO2. The State initially proposed that incorporated by reference the version of Table 2 be deleted and that the new 40 CFR 51.100(s) as it existed on July 2, federal SO2 standards be incorporated 2010 for purposes of defining ‘‘volatile into Table 1. We asked the State to organic compounds’’ (the prior date retain the old federal SO2 standards for used was March 1, 2008). This change one year after designation of the new is minor and is consistent with relevant standard.1 The State addressed our CAA and regulatory requirements. concerns by retaining the old primary SO2 standards in Table 2, by adding the B. Chapter 33–15–02, NDAC, Ambient new primary SO2 standards to Table 1, Air Quality Standards and by moving the secondary SO2 In section 33–15–02–04.1, standard from Table 2 to Table 1. The ‘‘Particulates and Gases,’’ the State State added an explanation after Table deleted the language, ‘‘Except as 2 regarding the federal requirement to provided in section 33–15–02–07 . . .’’ retain the standards for one year after at EPA’s request. We were concerned designation. These revisions were made that the cross reference to subsection to reflect the federal standards and are 33–15–02–07.4 in 33–15–02–07, consistent with CAA and regulatory ‘‘Concentrations of Air Contaminants in requirements. the Ambient Air Restricted,’’ gave C. Chapter 33–15–14, NDAC, Designated discretion to the state director to Air Contaminant Sources, Permit To exempt, from ambient air quality Construct, Minor Source Permit To standards, emissions during Operate, Title V Permit To Operate malfunctions and maintenance shutdowns. We asked the State to In Chapter 33–15–14, in addition to address our concern. The deletion of several housekeeping revisions, the subsection 33–15–02–07.4 from 33–15– State made revisions to sections 33–15– 02–07 and the deletion of the language 14–01 and 33–15–14–02 with the intent cross referencing to it in subsections 33– to change the permitting requirement for 15–02–04.1, 33–15–02–07.1 and 33–15– sources subject to a new source 02–07.2 addresses our concern and is performance standard (NSPS) or consistent with CAA requirements. national emission standard for In section 33–15–02–07, ‘‘Concentrations of Air Contaminants in 1 Per revised 40 CFR 50.4, effective August 23, 2010 (75 FR 35520, June 22, 2010), ‘‘[t]he SO2 the Ambient Air Restricted,’’ the State NAAQS set forth in this section will no longer deleted subsection 33–15–02–07.3 and one year after the effective date of the cross references to this subsection in apply to an areaof that area, pursuant to section 107 the designation 33–15–02–07.1 and 33–15–02–07.2. of the Clean Air Act, for SO2 NAAQS set forth in Prior to this revision, there was a 1-hour § 50.17 . . .’’ PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\25FEP1.SGM 25FEP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 10450 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules hazardous air pollutant (NESHAP). Previously, the SIP-approved minor source permit rule required any source subject to a NSPS or NESHAP to obtain a permit from the State regardless of the quantity of source emissions. The State has changed the rule so the permit requirement only applies to sources subject to a state-adopted NSPS or NESHAP. The State made this change to avoid the burden of permitting the numerous oil and gas facilities that became subject to the newly promulgated federal NSPS at 40 CFR part 60, subpart OOOO (Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution). The effect of these revisions is the State, by not adopting subpart OOOO into state law (and with no intention to adopt it in the future) will not have to permit the sources subject to subpart OOOO. Coupled with an existing exemption for oil and gas production operations at subsection 33– 15–14–02.13.o and the State’s oil and gas registration program at Chapter 33– 15–20, the sources the State intends to exclude from permitting include the multitude of small units, such as tanks, engines, and other oil and gas production related units normally subject to the State’s minor source New Source Review (NSR) program. State permitting requirements aside, national emissions standards in any NSPS or NESHAP including 40 CFR part 60, subpart OOOO still apply to the subject sources. The revisions related to NSPS and NESHAP permitting result in a relaxation of North Dakota’s SIP since now a narrower subset of sources subject to NSPS and NESHAP requirements (only those sources subject to NSPS and NESHAP requirements that are adopted by the State) are subject to permitting. While the State has not indicated any intention to return delegation of any currently stateadopted NSPS or NESHAP requirements, EPA has considered this possibility. Regarding the potential impacts to any future relaxation related to such returned delegation, should this occur, EPA will continue to work closely with the State to review these requirements as well as the rest of its minor NSR program. Like other states, EPA has some concerns with the stringency of North Dakota’s minor NSR program, and we acknowledge that there are ongoing discussions with North Dakota to clarify and strengthen the State’s minor NSR program including addressing oil and gas production. North Dakota approached this current SIP revision in a prospective manner, VerDate Mar<15>2010 16:34 Feb 24, 2014 Jkt 232001 revising its rules prior to EPA issuing the subpart OOOO requirements. CAA section 110(l) requires a demonstration that a SIP revision does not interfere with any requirement concerning attainment and that a relaxation is sufficiently protective of air quality and other CAA requirements in order for EPA to approve the relaxation. EPA conducted such a demonstration for the permitting rule revision in the April 2011 submittal finding the revisions are not presently interfering with the State’s SIP control strategy or causing NAAQS violations in North Dakota. Our demonstration is included in the docket for this action. The specific revisions related to the minor source NSPS and NESHAP permitting issue as well as other revisions to the minor source NSR program are described below. In section 33–15–14–01, ‘‘Designated Air Contaminant Sources,’’ the State revised the list of sources ‘‘capable of causing or contributing to air pollution.’’ The revised sections read as follows: 33–15–14–01.9. Any source for which an applicable federal standard of performance (40 CFR 60) has been adopted in chapter 33– 15–12. 33–15–14–01.10. Any source for which an applicable national emission standard for hazardous air pollutants (40 CFR 61) has been adopted in chapter 33–15–13. In section 33–15–14–02, ‘‘Permit to construct,’’ the State made the following revisions: In subsection 33–15–14–02.1, ‘‘Permit to construct required,’’ the State deleted the following language from the end of the first paragraph, ‘‘This requirement shall also apply to any source for which a federal standard of performance has been promulgated prior to such filing of an application for a permit to construct. A list of sources for which a federal standard has been promulgated, and the standards which apply to such sources, must be available at the department’s offices.’’ The subsection now reads, ‘‘No construction, installation or establishment of a new stationary source within a source category designated in section 33–15–14–01 may be commenced unless the owner or operator thereof shall file an application for, and receive, a permit to construct in accordance with this chapter.’’ In subsection 33–15–14–02.13, ‘‘Exemptions,’’ the State deleted the following language from the end of the introductory sentence, ‘‘and there is no applicable new source performance standard, or national emission standard for hazardous air pollutants.’’ This subsection now reads, ‘‘A permit to construct is not required for the following stationary sources provided there is no federal requirement for a permit or approval for construction or operation.’’ In subsection 33–15–14–02.13.o, the State made a revision deleting an unnecessary PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 subsection reference for the definition of major source which we are approving. The subsection now reads, ‘‘Oil and gas production facilities as defined in chapter 33–15–20 which are not a major source as defined in section 33–15–14–06.’’ The State is moving towards less precise numbering references, in some cases, to simplify any future rule renumbering requirements. In addition, under this provision, oil and gas production facilities that are not major sources are exempted from review and permitting. While EPA approved this provision in 1995, we do have concerns now that the provision may need to be strengthened in order to conform with the CAA and EPA’s minor NSR regulations 40 CFR 51.150–51.164. EPA has not reviewed the substance of this rule as part of this action. The EPA is now merely approving the deletion of the numbering cross reference submitted by the State. The current version of the NDAC rule does not contain substantive changes from the prior codification that we approved into the SIP. EPA acknowledges that there are ongoing discussions with North Dakota to address EPA’s concerns with the rule language that EPA previously approved into the North Dakota SIP. In a December 10, 2013 letter from Terry O’Clair, Director of North Dakota’s Division of Air Quality to Gail Fallon, EPA Region 8, North Dakota committed to provide clarification of the applicability of the oil and gas production operations registration program and guidance. Because this rule revision in the SIP only deletes a numbering cross reference, we are proposing to approve this revision Also in Chapter 33–15–14, the State made several housekeeping revisions. A revision in subsection 1.12 is clarifying in nature and replaced language about a source’s emissions ‘‘affecting’’ state air quality with language regarding a source that the State determined to ‘‘cause or contribute to a violation’’ of air quality standards. A revision in subsection 1.15 added the word ‘‘stationary’’ to clarify the State’s intent to regulate only stationary sources under its permitting program.2 The revised subsections read as follows: 33–15–14–01.12. Any source which is determined by the department to cause or contribute to a violation of any SAAQS or violates the other provisions of chapter 33– 15–02. 33–15–14–01.15. Other stationary sources subject to a standard or requirement under the Federal Clean Air Act as amended. In section 33–15–14–03, ‘‘Minor source permit to operate,’’ the State deleted exception language in subsection 33–15–14–03.1.c related to the requirement for a minor source 2 We acted previously on other revisions in the April 14, 2011 submittal, pertaining to the State’s regulation of greenhouse gases. Federal greenhouse gas requirements deal largely with mobile sources. See our 2012 action, 77 FR 64734, October 23, 2012, for a more detailed explanation. E:\FR\FM\25FEP1.SGM 25FEP1 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Proposed Rules permit to operate when a source is transitioning to a title V permit to operate as well as language for fees related to such sources that meet the title V applicability requirements. The subsection now reads, ‘‘Sources that are subject to the title V permitting requirements of section 33–15–14–06 are exempt from the requirements of this section.’’ While the time frame related to the State issuing initial title V permits has largely passed, in the event a minor source’s emissions grow to the extent that a title V permit becomes necessary, any applicable requirements in the minor source permit to operate will transition into the title V permit to operate. In such a case, until a title V permit is issued, the minor source permit remains in effect. The changes in Chapter 33–15–14 only affect the applicability of certain permitting requirements contained in this Chapter. These changes do not affect emission limits in the SIP or other requirements that would affect ambient concentrations of criteria pollutants. These changes are consistent with CAA and regulatory requirements. tkelley on DSK3SPTVN1PROD with PROPOSALS IV. Proposed Action EPA is proposing to approve revisions to the North Dakota SIP that the Governor of North Dakota submitted with a letter dated April 14, 2011 and that were state-effective April 1, 2011. Specifically, EPA is proposing to approve North Dakota’s revisions to the following portions of the North Dakota Administrative Code: Chapter 33–15– 01, ‘‘General Provisions,’’ section 33– 15–01–04.52 ; Chapter 33–15–02, ‘‘Ambient Air Quality Standards,’’ sections 33–15–02–04.1, 33–15–02– 07.1, 33–15–02–07.2, 33–15–02–07.3, 33–15–02–07.4, section 33–15–02, Tables 1 and 2. EPA is proposing to approve Chapter 33–15–14, ‘‘Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate,’’ sections 33–15–14–01.9, 33–15–14– 01.10, 33–15–14–01.12, 33–15–14– 01.15, 33–15–14–02.1, 33–15–14–02.13, 33–15–14–02.13.o, 33–15–14–03.1c with the understanding that the State and EPA will continue discussions to clarify and strengthen the State’s current minor source program as it relates to oil and gas production facilities. See section III of this action for a description of these revisions. EPA acted previously on the revisions to Chapter 33–15–15, ‘‘Prevention of Significant Deterioration of Air Quality,’’ that were also included in the April 14, 2011 submittal. See 77 FR 64734, October 23, 2012. VerDate Mar<15>2010 16:34 Feb 24, 2014 Jkt 232001 V. Statutory and Executive Order Reviews Under the CAA, 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 CAA. Accordingly, this proposed action merely approves state law as meeting federal requirements; this proposed action does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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 CAA; and, • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, 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. PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 10451 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Greenhouse gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: February 14, 2014. Howard M. Cantor, Acting Regional Administrator, Region 8. [FR Doc. 2014–04073 Filed 2–24–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2014–0006; FRL–9907–10– Region–3] Approval and Promulgation of Implementation Plans; Virginia; Regional Haze Five-Year Progress Report State Implementation Plan Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing approval of a revision to the Virginia State Implementation Plan (SIP) submitted by the Commonwealth of Virginia through the Virginia Department of Environmental Quality (DEQ). Virginia’s SIP revision addresses requirements of the Clean Air Act (CAA) and EPA’s rules that require states to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the Commonwealth’s existing SIP addressing regional haze (regional haze SIP). EPA is proposing approval of Virginia’s SIP revision on the basis that it addresses the progress report and adequacy determination requirements for the first implementation period for regional haze. DATES: Comments must be received on or before March 27, 2014. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2014–0006, by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2014–0006, Cristina Fernandez, Associate Director, SUMMARY: E:\FR\FM\25FEP1.SGM 25FEP1

Agencies

[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Proposed Rules]
[Pages 10448-10451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04073]



[[Page 10448]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0761; FRL-9907-11-Region-8]


Approval and Promulgation of State Implementation Plan Revisions; 
Revisions to the Air Pollution Control Rules; North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
Governor of North Dakota on April 14, 2011. The revisions affect North 
Dakota's air pollution control rules regarding general provisions, 
ambient air quality standards (sulfur dioxide (SO2), 
nitrogen dioxide (NOX), and lead), and permitting. EPA acted 
separately on other provisions in the April 14, 2011 submittal related 
to North Dakota's regulation of greenhouse gases (GHGs) under its 
Prevention of Significant Deterioration (PSD) program. This action is 
being taken under section 110 of the Clean Air Act.

DATES: Written comments must be received on or before March 27, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2012-0761, by one of the following methods:
     https://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: Fallon.Gail@epa.gov.
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT section if you are faxing 
comments).
     Mail: Director, Air Program, U.S. Environmental Protection 
Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, U.S. Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. Such deliveries are only accepted Monday 
through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal holidays. 
Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2012-0761. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, 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 https://www.regulations.gov or email. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, 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 email comment directly to EPA, without 
going through https://www.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 the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm. 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 https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at https://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 4:30 p.m., excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Gail Fallon, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado, 80202-1129, (303) 312-6281, 
Fallon.Gail@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
III. Analysis of SIP Revisions
IV. Proposed Action
V. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, the following definitions apply:
    (i) The words or initials Act or CAA mean or refer to the Federal 
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 GHG mean or refer to greenhouse gases.
    (iv) The initials NAAQS mean or refer to the National Ambient Air 
Quality Standards.
    (v) The initials NDAC mean or refer to North Dakota Administrative 
Code.
    (vi) The initials NDDH mean or refer to the North Dakota Department 
of Health.
    (vii) The initials NESHAP mean or refer to National Emissions 
Standards for Hazardous Air Pollutants.
    (viii) The initials NOX mean or refer to nitrogen oxides.
    (ix) The initials NSPS mean or refer to New Source Performance 
Standards.
    (x) The initials NSR mean or refer to New Source Review.
    (xi) The initials PM2.5 mean or refer to fine particulate matter.
    (xii) The initials PSD mean or refer to Prevention of Significant 
Deterioration.
    (xiii) The initials SAAQS mean or refer to State Ambient Air 
Quality Standards.
    (xiv) The initials SIP mean or refer to State Implementation Plan.
    (xv) The initials SO2 mean or refer to sulfur dioxide.
    (xvi) The words State or ND mean the State of North Dakota, unless 
the context indicates otherwise.

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 
https://regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI

[[Page 10449]]

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:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. 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.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. 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 EPA. 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 August 
19, 2010 to consider the revisions to its Air Pollution Control Rules. 
Following the public hearing, comment period, and legal review by the 
North Dakota Attorney General's Office, NDDH adopted the revisions. The 
revisions to the Air Pollution Control Rules became effective on April 
1, 2011. The North Dakota Governor submitted the SIP revisions to us 
with a letter dated April 14, 2011.

III. Analysis of SIP Revisions

    We are proposing action on the April 14, 2011 submittal for SIP 
revisions that involve the following chapters of the North Dakota 
Administrative Code (NDAC): 33-15-01, ``General Provisions;'' 33-15-02, 
``Ambient Air Quality Standards;'' and 33-15-14, ``Designated Air 
Contaminant Sources, Permit to Construct, Minor Source Permit to 
Operate, Title V permit to Operate.'' We previously acted on the 
revisions to NDAC 33-15-15, ``Prevention of Significant Deterioration 
of Air Quality'' in the April 14, 2011 submittal regarding regulation 
of GHGs and fine particulate matter (PM2.5) under North 
Dakota's PSD program in 2012 (77 FR 64734, October 23, 2012). The 
following is our description and analysis of the revisions in this 
proposed action which the State submitted to us for approval.

A. Chapter 33-15-01, NDAC, General Provisions

    The State revised section 33-15-01-04.52 and cross-referenced and 
incorporated by reference the version of 40 CFR 51.100(s) as it existed 
on July 2, 2010 for purposes of defining ``volatile organic compounds'' 
(the prior date used was March 1, 2008). This change is minor and is 
consistent with relevant CAA and regulatory requirements.

B. Chapter 33-15-02, NDAC, Ambient Air Quality Standards

    In section 33-15-02-04.1, ``Particulates and Gases,'' the State 
deleted the language, ``Except as provided in section 33-15-02-07 . . 
.'' at EPA's request. We were concerned that the cross reference to 
subsection 33-15-02-07.4 in 33-15-02-07, ``Concentrations of Air 
Contaminants in the Ambient Air Restricted,'' gave discretion to the 
state director to exempt, from ambient air quality standards, emissions 
during malfunctions and maintenance shutdowns. We asked the State to 
address our concern. The deletion of subsection 33-15-02-07.4 from 33-
15-02-07 and the deletion of the language cross referencing to it in 
subsections 33-15-02-04.1, 33-15-02-07.1 and 33-15-02-07.2 addresses 
our concern and is consistent with CAA requirements.
    In section 33-15-02-07, ``Concentrations of Air Contaminants in the 
Ambient Air Restricted,'' the State deleted subsection 33-15-02-07.3 
and the cross references to this subsection in 33-15-02-07.1 and 33-15-
02-07.2. Prior to this revision, there was a 1-hour state ambient air 
quality standard (SAAQS) for SO2 of 273 parts per billion 
(ppb). There was no 1-hour SO2 national ambient air quality 
standard (NAAQS) at that time. Because there were both a 24-hour and 
annual SAAQS and NAAQS for SO2, coal conversion facilities 
and petroleum refineries were exempt from the SAAQS per North Dakota 
Century Code (NDCC) 23-25-03.2. North Dakota NDAC 33-15-02-07.3 
clarified that these source categories only had to meet the NAAQS. The 
State's rule revision eliminated the 1-hour SAAQS for SO2 
and adopted the 1-hour NAAQS (75 ppb). The revision makes the 
SO2 SAAQS and the NAAQS the same; NDAC 33-15-02-07.3 is thus 
unnecessary. This revision is consistent with CAA and regulatory 
requirements.
    Also in section 33-15-02-07, Tables 1 and 2 were revised. Table 1, 
``Ambient Air Quality Standards,'' that lists the State ambient air 
quality standards was revised to add the new 2010 federal 1-hour 
standards for NOX and SO2 and to amend the 
standard for lead to the 2008 federal standard. Table 2, ``National 
Ambient Air Quality Standards,'' includes the old federal standards for 
SO2. The State initially proposed that Table 2 be deleted 
and that the new federal SO2 standards be incorporated into 
Table 1. We asked the State to retain the old federal SO2 
standards for one year after designation of the new standard.\1\ The 
State addressed our concerns by retaining the old primary 
SO2 standards in Table 2, by adding the new primary 
SO2 standards to Table 1, and by moving the secondary 
SO2 standard from Table 2 to Table 1. The State added an 
explanation after Table 2 regarding the federal requirement to retain 
the standards for one year after designation. These revisions were made 
to reflect the federal standards and are consistent with CAA and 
regulatory requirements.
---------------------------------------------------------------------------

    \1\ Per revised 40 CFR 50.4, effective August 23, 2010 (75 FR 
35520, June 22, 2010), ``[t]he SO2 NAAQS set forth in 
this section will no longer apply to an area one year after the 
effective date of the designation of that area, pursuant to section 
107 of the Clean Air Act, for SO2 NAAQS set forth in 
Sec.  50.17 . . .''
---------------------------------------------------------------------------

C. Chapter 33-15-14, NDAC, Designated Air Contaminant Sources, Permit 
To Construct, Minor Source Permit To Operate, Title V Permit To Operate

    In Chapter 33-15-14, in addition to several housekeeping revisions, 
the State made revisions to sections 33-15-14-01 and 33-15-14-02 with 
the intent to change the permitting requirement for sources subject to 
a new source performance standard (NSPS) or national emission standard 
for

[[Page 10450]]

hazardous air pollutant (NESHAP). Previously, the SIP-approved minor 
source permit rule required any source subject to a NSPS or NESHAP to 
obtain a permit from the State regardless of the quantity of source 
emissions. The State has changed the rule so the permit requirement 
only applies to sources subject to a state-adopted NSPS or NESHAP. The 
State made this change to avoid the burden of permitting the numerous 
oil and gas facilities that became subject to the newly promulgated 
federal NSPS at 40 CFR part 60, subpart OOOO (Standards of Performance 
for Crude Oil and Natural Gas Production, Transmission and 
Distribution). The effect of these revisions is the State, by not 
adopting subpart OOOO into state law (and with no intention to adopt it 
in the future) will not have to permit the sources subject to subpart 
OOOO. Coupled with an existing exemption for oil and gas production 
operations at subsection 33-15-14-02.13.o and the State's oil and gas 
registration program at Chapter 33-15-20, the sources the State intends 
to exclude from permitting include the multitude of small units, such 
as tanks, engines, and other oil and gas production related units 
normally subject to the State's minor source New Source Review (NSR) 
program. State permitting requirements aside, national emissions 
standards in any NSPS or NESHAP including 40 CFR part 60, subpart OOOO 
still apply to the subject sources. The revisions related to NSPS and 
NESHAP permitting result in a relaxation of North Dakota's SIP since 
now a narrower subset of sources subject to NSPS and NESHAP 
requirements (only those sources subject to NSPS and NESHAP 
requirements that are adopted by the State) are subject to permitting. 
While the State has not indicated any intention to return delegation of 
any currently state-adopted NSPS or NESHAP requirements, EPA has 
considered this possibility. Regarding the potential impacts to any 
future relaxation related to such returned delegation, should this 
occur, EPA will continue to work closely with the State to review these 
requirements as well as the rest of its minor NSR program. Like other 
states, EPA has some concerns with the stringency of North Dakota's 
minor NSR program, and we acknowledge that there are ongoing 
discussions with North Dakota to clarify and strengthen the State's 
minor NSR program including addressing oil and gas production. North 
Dakota approached this current SIP revision in a prospective manner, 
revising its rules prior to EPA issuing the subpart OOOO requirements.
    CAA section 110(l) requires a demonstration that a SIP revision 
does not interfere with any requirement concerning attainment and that 
a relaxation is sufficiently protective of air quality and other CAA 
requirements in order for EPA to approve the relaxation. EPA conducted 
such a demonstration for the permitting rule revision in the April 2011 
submittal finding the revisions are not presently interfering with the 
State's SIP control strategy or causing NAAQS violations in North 
Dakota. Our demonstration is included in the docket for this action.
    The specific revisions related to the minor source NSPS and NESHAP 
permitting issue as well as other revisions to the minor source NSR 
program are described below.
    In section 33-15-14-01, ``Designated Air Contaminant Sources,'' the 
State revised the list of sources ``capable of causing or contributing 
to air pollution.'' The revised sections read as follows:

    33-15-14-01.9. Any source for which an applicable federal 
standard of performance (40 CFR 60) has been adopted in chapter 33-
15-12.
    33-15-14-01.10. Any source for which an applicable national 
emission standard for hazardous air pollutants (40 CFR 61) has been 
adopted in chapter 33-15-13.

    In section 33-15-14-02, ``Permit to construct,'' the State made the 
following revisions:

    In subsection 33-15-14-02.1, ``Permit to construct required,'' 
the State deleted the following language from the end of the first 
paragraph, ``This requirement shall also apply to any source for 
which a federal standard of performance has been promulgated prior 
to such filing of an application for a permit to construct. A list 
of sources for which a federal standard has been promulgated, and 
the standards which apply to such sources, must be available at the 
department's offices.'' The subsection now reads, ``No construction, 
installation or establishment of a new stationary source within a 
source category designated in section 33-15-14-01 may be commenced 
unless the owner or operator thereof shall file an application for, 
and receive, a permit to construct in accordance with this 
chapter.''
    In subsection 33-15-14-02.13, ``Exemptions,'' the State deleted 
the following language from the end of the introductory sentence, 
``and there is no applicable new source performance standard, or 
national emission standard for hazardous air pollutants.'' This 
subsection now reads, ``A permit to construct is not required for 
the following stationary sources provided there is no federal 
requirement for a permit or approval for construction or 
operation.''
    In subsection 33-15-14-02.13.o, the State made a revision 
deleting an unnecessary subsection reference for the definition of 
major source which we are approving. The subsection now reads, ``Oil 
and gas production facilities as defined in chapter 33-15-20 which 
are not a major source as defined in section 33-15-14-06.'' The 
State is moving towards less precise numbering references, in some 
cases, to simplify any future rule renumbering requirements. In 
addition, under this provision, oil and gas production facilities 
that are not major sources are exempted from review and permitting. 
While EPA approved this provision in 1995, we do have concerns now 
that the provision may need to be strengthened in order to conform 
with the CAA and EPA's minor NSR regulations 40 CFR 51.150-51.164. 
EPA has not reviewed the substance of this rule as part of this 
action. The EPA is now merely approving the deletion of the 
numbering cross reference submitted by the State. The current 
version of the NDAC rule does not contain substantive changes from 
the prior codification that we approved into the SIP. EPA 
acknowledges that there are ongoing discussions with North Dakota to 
address EPA's concerns with the rule language that EPA previously 
approved into the North Dakota SIP. In a December 10, 2013 letter 
from Terry O'Clair, Director of North Dakota's Division of Air 
Quality to Gail Fallon, EPA Region 8, North Dakota committed to 
provide clarification of the applicability of the oil and gas 
production operations registration program and guidance. Because 
this rule revision in the SIP only deletes a numbering cross 
reference, we are proposing to approve this revision

    Also in Chapter 33-15-14, the State made several housekeeping 
revisions. A revision in subsection 1.12 is clarifying in nature and 
replaced language about a source's emissions ``affecting'' state air 
quality with language regarding a source that the State determined to 
``cause or contribute to a violation'' of air quality standards. A 
revision in subsection 1.15 added the word ``stationary'' to clarify 
the State's intent to regulate only stationary sources under its 
permitting program.\2\ The revised subsections read as follows:
---------------------------------------------------------------------------

    \2\ We acted previously on other revisions in the April 14, 2011 
submittal, pertaining to the State's regulation of greenhouse gases. 
Federal greenhouse gas requirements deal largely with mobile 
sources. See our 2012 action, 77 FR 64734, October 23, 2012, for a 
more detailed explanation.

    33-15-14-01.12. Any source which is determined by the department 
to cause or contribute to a violation of any SAAQS or violates the 
other provisions of chapter 33-15-02.
    33-15-14-01.15. Other stationary sources subject to a standard 
or requirement under the Federal Clean Air Act as amended.

    In section 33-15-14-03, ``Minor source permit to operate,'' the 
State deleted exception language in subsection 33-15-14-03.1.c related 
to the requirement for a minor source

[[Page 10451]]

permit to operate when a source is transitioning to a title V permit to 
operate as well as language for fees related to such sources that meet 
the title V applicability requirements. The subsection now reads, 
``Sources that are subject to the title V permitting requirements of 
section 33-15-14-06 are exempt from the requirements of this section.'' 
While the time frame related to the State issuing initial title V 
permits has largely passed, in the event a minor source's emissions 
grow to the extent that a title V permit becomes necessary, any 
applicable requirements in the minor source permit to operate will 
transition into the title V permit to operate. In such a case, until a 
title V permit is issued, the minor source permit remains in effect.
    The changes in Chapter 33-15-14 only affect the applicability of 
certain permitting requirements contained in this Chapter. These 
changes do not affect emission limits in the SIP or other requirements 
that would affect ambient concentrations of criteria pollutants. These 
changes are consistent with CAA and regulatory requirements.

IV. Proposed Action

    EPA is proposing to approve revisions to the North Dakota SIP that 
the Governor of North Dakota submitted with a letter dated April 14, 
2011 and that were state-effective April 1, 2011. Specifically, EPA is 
proposing to approve North Dakota's revisions to the following portions 
of the North Dakota Administrative Code: Chapter 33-15-01, ``General 
Provisions,'' section 33-15-01-04.52 ; Chapter 33-15-02, ``Ambient Air 
Quality Standards,'' sections 33-15-02-04.1, 33-15-02-07.1, 33-15-02-
07.2, 33-15-02-07.3, 33-15-02-07.4, section 33-15-02, Tables 1 and 2. 
EPA is proposing to approve Chapter 33-15-14, ``Designated Air 
Contaminant Sources, Permit to Construct, Minor Source Permit to 
Operate, Title V Permit to Operate,'' sections 33-15-14-01.9, 33-15-14-
01.10, 33-15-14-01.12, 33-15-14-01.15, 33-15-14-02.1, 33-15-14-02.13, 
33-15-14-02.13.o, 33-15-14-03.1c with the understanding that the State 
and EPA will continue discussions to clarify and strengthen the State's 
current minor source program as it relates to oil and gas production 
facilities. See section III of this action for a description of these 
revisions. EPA acted previously on the revisions to Chapter 33-15-15, 
``Prevention of Significant Deterioration of Air Quality,'' that were 
also included in the April 14, 2011 submittal. See 77 FR 64734, October 
23, 2012.

V. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
proposed action merely approves state law as meeting federal 
requirements; this proposed action does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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 CAA; and,
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: February 14, 2014.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
[FR Doc. 2014-04073 Filed 2-24-14; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.