Approval and Promulgation of State Implementation Plan Revisions; Revisions to the Air Pollution Control Rules; North Dakota, 25021-25025 [2014-09855]
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25021
Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations
• 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.
B. Submission to Congress and the
Comptroller General
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,
Name of non-regulatory SIP
revision
*
Regional Haze Five-Year
Progress Report.
*
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
*
Statewide ...............................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0761; FRL–9909–86–
Region 8]
Approval and Promulgation of State
Implementation Plan Revisions;
Revisions to the Air Pollution Control
Rules; North Dakota
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 1, 2014. 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 to approve Virginia’s
regional haze five-year progress report
SIP revision may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
Applicable geographic area
[FR Doc. 2014–10110 Filed 5–1–14; 8:45 am]
The Environmental Protection
Agency (EPA) is approving 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
SUMMARY:
VerDate Mar<15>2010
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).
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State submittal
date
*
11/8/13
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Dated: April 21, 2014.
W. C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended 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 VV—Virginia
2. In § 52.2420, the table in paragraph
(e) is amended by adding an entry for
Regional Haze Five-Year Progress
Report at the end of the table to read as
follows:
■
§ 52.2420
*
Identification of plan.
*
*
(e) * * *
*
EPA approval date
*
5/2/14 [Insert page number
where the document begins].
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 (the Act or CAA).
DATES: This final rule is effective June
2, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2012–0761. 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., 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
PO 00000
reference, Intergovernmental relations,
Nitrogen oxides, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
*
Additional explanation
*
*
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop St., 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: 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. Background
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Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations
II. Analysis of SIP Revisions
III. Final Action
IV. Statutory and Executive Orders Review
Definitions
For the purpose of this document, the
following definitions apply:
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(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 NPR mean or refer to
notice of proposed rulemaking.
(x) The initials NSPS mean or refer to New
Source Performance Standards.
(xi) The initials NSR mean or refer to New
Source Review.
(xii) The initials PM2.5 mean or refer to fine
particulate matter.
(xiii) The initials PSD mean or refer to
Prevention of Significant Deterioration.
(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 North Dakota
mean the State of North Dakota, unless the
context indicates otherwise.
control rules regarding general
provisions, ambient air quality
standards (SO2, NOX, and lead), and
permitting. More background for today’s
final rule and our rationale for approval
are discussed in detail in our proposal
(see 79 FR 10448, February 25, 2014).
The comment period for the proposal
was open for 30 days and ended on
March 27, 2014. We received no
comments. Accordingly, we are
finalizing our actions as proposed.
II. Analysis of SIP Revisions
We are approving the April 14, 2011
submittal for numerous straightforward
SIP revisions to NDAC Chapters 33–15–
01, 33–15–02, and 33–15–14. Additional
revisions to NDAC Chapter 33–15–14
for the State’s minor source permitting
program required more in-depth
analysis regarding the State’s revisions
to sections 33–15–14–01 and 33–15–14–
02. The revisions to Chapter 33–15–14
changed the permitting requirement for
sources subject to a new source
performance standard (NSPS) or
national emission standard for
hazardous air pollutant (NESHAP).
Previously, the SIP-approved minor
source permit rule required any source
subject to an NSPS or NESHAP to obtain
a permit from the State regardless of the
quantity of source emissions. The North
Dakota Department of Health (NDDH)
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
I. Background
became subject to the newly
On February 25, 2014 (79 FR 10448),
promulgated federal NSPS at 40 CFR
EPA published a notice of proposed
part 60, subpart OOOO (Standards of
rulemaking (NPR) for the State of North
Performance for Crude Oil and Natural
Dakota. The NPR proposed approval of
Gas Production, Transmission and
several revised Air Pollution Control
Distribution). The effect of these
Rules in the North Dakota SIP. The
revisions is the State, by not adopting
revisions to the State rules became
subpart OOOO into State law (and with
effective on April 1, 2011. The formal
no intention to adopt it in the future)
SIP revision was submitted by the State
will not have to permit the sources
of North Dakota on April 14, 2011. The
subject to subpart OOOO. Instead, the
SIP revision involves the following
State will continue to rely on an existing
chapters of the North Dakota
exemption for oil and gas production
Administrative Code (NDAC): 33–15–
operations at subsection 33–15–14–
01, ‘‘General Provisions,’’ 33–15–02,
02.13.o and the State’s oil and gas
‘‘Ambient Air Quality Standards,’’ and
registration program at Chapter 33–15–
33–15–14, ‘‘Designated Air Contaminant 20. The sources the State intends to
Sources, Permit to Construct, Minor
continue to exclude from permitting
Source Permit to Operate, Title V permit include the multitude of small units,
to Operate.’’ We previously acted on the such as tanks, engines, and other oil and
revisions to NDAC 33–15–15,
gas production related units that would
‘‘Prevention of Significant Deterioration have otherwise been subject to the
of Air Quality’’ in the April 14, 2011
State’s minor New Source Review (NSR)
submittal regarding regulation of GHGs
permit program. State permitting
and fine particulate matter (PM2.5) under requirements aside, national emissions
North Dakota’s PSD program on October standards in any NSPS or NESHAP
including 40 CFR part 60, subpart
23, 2012 (77 FR 64734). The revisions
OOOO still apply to the subject sources.
affect North Dakota’s air pollution
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The revisions related to NSPS and
NESHAP permitting result in a
relaxation of North Dakota’s SIP since
now a narrower subset of minor 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. In the analysis in our
proposal, EPA acknowledged that North
Dakota approached this current SIP
revision in a prospective manner,
revising its rules prior to EPA issuing
the subpart OOOO requirements.
However, EPA continues to work
actively with North Dakota to ensure the
stringency of North Dakota’s minor NSR
permit program is maintained and meets
all applicable requirements with respect
to oil and gas operations in the State.
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 national ambient air
quality standards (NAAQS) violations in
North Dakota. Our demonstration is
included in the docket for this action.
III. Final Action
EPA is approving 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 approving 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, and section 33–15–02,
Tables 1 and 2. EPA is approving
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, and 33–15–14–03.1c.
EPA will continue discussions with the
State to clarify and strengthen the
State’s current minor source permit
program as it relates to oil and gas
production facilities. Our proposed
action provides a description of these
revisions. See 79 FR 10448, February 25,
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2014. 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.
IV. Statutory and Executive Orders
Review
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 USC 7410(k), 40 CFR 52.02(a)).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves 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);
State citation
*
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State effective
date
Title/subject
*
33–15–01–04 ..........................
VerDate Mar<15>2010
• 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.
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 July 1, 2014.
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
16:05 May 01, 2014
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Definitions ..............................
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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: April 9, 2014.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended 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, the table in
paragraph (c) is amended as follows:
■ a. By revising the table entries for
‘‘33–15–01–04’’, ‘‘33–15–02–04’’, ‘‘33–
15–02–07’’, and ‘‘33–15–02, Table 1’’;
■ b. By removing the table entry for
‘‘33–15–02–07.3, 33–15–02–07.4, and
33–15–02, Table 2’’;
■ c. By adding the table entry for ‘‘33–
15–02, Table 2’’ in numerical order;
■ d. By revising the table entries for
‘‘33–15–14–01’’ and ‘‘33–15–14–02’’;
■ e. By adding the table entries for ‘‘33–
15–14–02.1’’, and ‘‘33–15–14–02.13 and
Subsection o.’’ in numerical order; and
■ f. By revising the table entries for ‘‘33–
15–14–03’’ and ‘‘33–15–14–03.1.c’’.
The revisions and additions read as
follows:
■
§ 52.1820
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Identification of plan.
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*
(c) * * *
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EPA approval date
and citation 1
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4/1/11
Fmt 4700
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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Explanations
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5/2/14, [Insert Federal Register page number where
the document begins.].
02MYR1
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State citation
*
State effective
date
Title/subject
*
*
*
EPA approval date
and citation 1
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4/1/11
Concentrations of air contaminants in the ambient air restricted.
Ambient Air Quality Standards.
4/1/11
*
5/2/14, [Insert Federal Register page number where
the document begins.].
33–15–02–07 ..........................
*
*
Ambient air quality standards
*
*
33–15–02–04 ..........................
5/2/14, [Insert Federal Register page number where
the document begins.].
5/2/14, [Insert Federal Register page number where
the document begins.].
5/2/14, [Insert Federal Register page number where
the document begins.].
33–15–02, Table 1 ..................
33–15–02, Table 2 ..................
*
*
4/1/11
National Ambient Air Quality
Standards.
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33–15–14–01 ..........................
*
4/1/11
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Designated air contaminant
sources.
*
*
*
4/1/11
*
5/2/14, [Insert Federal Register page number where
the document begins.].
*
33–15–14–02 ..........................
Permit to construct .................
4/1/11
5/2/14, [Insert Federal Register page number where
the document begins.].
33–15–14–02.1 .......................
Permit to construct required ..
4/1/11
5/2/14, [Insert Federal Register page number where
the document begins.].
*
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33–15–14–02.13 and Subsection o.
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*
*
*
*
*
*
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5/2/14, [Insert Federal Register page number where
the document begins.].
5/2/14, [Insert Federal Register page number where
the document begins.].
*
4/1/11
Excluding subsections 1, 12,
13, 3.c, 13.b.1, 5, 13.c,
13.i(5), 13.o, and 19 (one
sentence) which were subsequently revised and approved. See below. See
additional interpretive materials cited in 57 FR 28619,
6/26/92, regarding the
State’s commitment to
meet the requirements of
EPA’s ‘‘Guideline on Air
Quality Models (Revised).’’
*
*
4/1/11
Permit to operate required .....
*
*
4/1/11
Minor source permit to operate.
*
33–15–14–03.1.c ....................
*
*
Exemptions ............................
33–15–14–03 ..........................
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Explanations
Excluding subsections 10,
1.c, 4, 5.a(1)(d), 11, and 16
(one sentence) which were
subsequently revised and
approved. See below. Also
see 40 CFR 52.1834
*
*
*
*
5/2/14, [Insert Federal Register page number where
the document begins.].
*
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
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[FR Doc. 2014–09855 Filed 5–1–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2012–0546; FRL–9910–18–
OAR]
RIN 2060–AS21
Regulation of Fuels and Fuel
Additives: 2013 Cellulosic Biofuel
Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to revise the 2013 cellulosic
biofuel standard published on August
15, 2013. This action follows from EPA
having granted two petitioners’ requests
for reconsideration of the 2013
cellulosic biofuel standard. EPA granted
reconsideration because one of the two
companies that EPA expected to
produce cellulosic biofuel in 2013
announced soon after EPA signed its
final rule that it intended to produce
substantially lower volumes of
cellulosic biofuel in 2013 than it had
earlier reported to EPA. Since the
cellulosic biofuel standard was based on
EPA’s projection of cellulosic biofuel
production in 2013, EPA deemed this
new information to be of central
relevance to the rule, warranting
reconsideration. On reconsideration,
EPA is directed to base the standard on
the lower of ‘‘projected’’ production of
cellulosic fuel in 2013 or the cellulosic
biofuel applicable volume set forth in
the statute. Since data are available to
show actual production volumes for
2013, EPA’s ‘‘projection’’ and final rule
are based on actual cellulosic biofuel
production in 2013. This action only
affects the 2013 cellulosic biofuel
standard; all other RFS standards
remain unchanged. EPA is finalizing a
revised cellulosic biofuel standard of
0.0005% for 2013.
DATES: This rule is effective on July 1,
2014 without further notice, unless EPA
receives relevant adverse comment by
June 2, 2014. If EPA receives relevant
adverse comment, we will publish a
timely withdrawal of this direct final
rule in the Federal Register informing
the public that this rule will not take
effect.
TKELLEY on DSK3SPTVN1PROD with RULES
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–HQ–
ADDRESSES:
VerDate Mar<15>2010
16:05 May 01, 2014
Jkt 232001
OAR–2012–00546, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov.
• Mail: Air and Radiation Docket and
Information Center, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
EPA West Building, Room 3334, 1301
Constitution Ave. NW., Washington, DC
20460. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2012–
0546. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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 www.regulations.gov
or email. The 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 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.B
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
25025
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 in
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: Julia
MacAllister, Office of Transportation
and Air Quality, Assessment and
Standards Division, Environmental
Protection Agency, 2000 Traverwood
Drive, Ann Arbor, MI 48105; Telephone
number: 734–214–4131; Fax number:
734–214–4816; Email address:
macallister.julia@epa.gov, or the public
information line for the Office of
Transportation and Air Quality;
telephone number (734) 214–4333;
Email address OTAQ@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA using a direct final rule?
EPA is publishing this rule without a
prior proposed rule because we view
this as a noncontroversial action. This
action amends the 2013 cellulosic
biofuel standard that was finalized in
‘‘Regulation of Fuels and Fuel
Additives: 2013 Renewable Fuel
Standards; Final Rule,’’ (August 15,
2013; 78 FR 49794). Finalizing this
adjusted 2013 cellulosic biofuel
standard expeditiously will reduce
regulatory uncertainty and avoid
unnecessary cost or burden for obligated
parties. Until this adjusted cellulosic
biofuel standard is finalized, obligated
parties will have to comply with the
current and significantly higher 2013
cellulosic biofuel standard. This would
likely involve a substantial purchase of
cellulosic waiver credits, which EPA
would subsequently need to reimburse.
This action follows from EPA having
granted, on January 23, 2014, requests
for reconsideration of the 2013
cellulosic biofuel standard submitted by
the American Petroleum Institute and
the American Fuel & Petrochemical
Manufacturers. In granting
reconsideration, EPA determined that
petitioners had met the statutory criteria
of section 307(d)(7)(B) of the Clean Air
Act, since petitioners had identified
E:\FR\FM\02MYR1.SGM
02MYR1
Agencies
[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Rules and Regulations]
[Pages 25021-25025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09855]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2012-0761; FRL-9909-86-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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 (the Act or CAA).
DATES: This final rule is effective June 2, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2012-0761. 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., 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 https://www.regulations.gov or in hard copy at
the Air Program, Environmental Protection Agency (EPA), Region 8, 1595
Wynkoop St., 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: 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. Background
[[Page 25022]]
II. Analysis of SIP Revisions
III. Final Action
IV. Statutory and Executive Orders Review
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 NPR mean or refer to notice of proposed
rulemaking.
(x) The initials NSPS mean or refer to New Source Performance
Standards.
(xi) The initials NSR mean or refer to New Source Review.
(xii) The initials PM2.5 mean or refer to fine particulate
matter.
(xiii) The initials PSD mean or refer to Prevention of
Significant Deterioration.
(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 North Dakota mean the State of North
Dakota, unless the context indicates otherwise.
I. Background
On February 25, 2014 (79 FR 10448), EPA published a notice of
proposed rulemaking (NPR) for the State of North Dakota. The NPR
proposed approval of several revised Air Pollution Control Rules in the
North Dakota SIP. The revisions to the State rules became effective on
April 1, 2011. The formal SIP revision was submitted by the State of
North Dakota on April 14, 2011. The SIP revision involves 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 on October 23, 2012
(77 FR 64734). The revisions affect North Dakota's air pollution
control rules regarding general provisions, ambient air quality
standards (SO2, NOX, and lead), and permitting.
More background for today's final rule and our rationale for approval
are discussed in detail in our proposal (see 79 FR 10448, February 25,
2014). The comment period for the proposal was open for 30 days and
ended on March 27, 2014. We received no comments. Accordingly, we are
finalizing our actions as proposed.
II. Analysis of SIP Revisions
We are approving the April 14, 2011 submittal for numerous
straightforward SIP revisions to NDAC Chapters 33-15-01, 33-15-02, and
33-15-14. Additional revisions to NDAC Chapter 33-15-14 for the State's
minor source permitting program required more in-depth analysis
regarding the State's revisions to sections 33-15-14-01 and 33-15-14-
02. The revisions to Chapter 33-15-14 changed the permitting
requirement for sources subject to a new source performance standard
(NSPS) or national emission standard for hazardous air pollutant
(NESHAP). Previously, the SIP-approved minor source permit rule
required any source subject to an NSPS or NESHAP to obtain a permit
from the State regardless of the quantity of source emissions. The
North Dakota Department of Health (NDDH) 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. Instead, the State will continue to
rely on 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 continue
to exclude from permitting include the multitude of small units, such
as tanks, engines, and other oil and gas production related units that
would have otherwise been subject to the State's minor New Source
Review (NSR) permit 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 minor 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. In the analysis in our proposal, EPA acknowledged that
North Dakota approached this current SIP revision in a prospective
manner, revising its rules prior to EPA issuing the subpart OOOO
requirements. However, EPA continues to work actively with North Dakota
to ensure the stringency of North Dakota's minor NSR permit program is
maintained and meets all applicable requirements with respect to oil
and gas operations in the State.
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 national ambient air quality
standards (NAAQS) violations in North Dakota. Our demonstration is
included in the docket for this action.
III. Final Action
EPA is approving 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
approving 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, and section 33-15-02, Tables 1 and
2. EPA is approving 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,
and 33-15-14-03.1c. EPA will continue discussions with the State to
clarify and strengthen the State's current minor source permit program
as it relates to oil and gas production facilities. Our proposed action
provides a description of these revisions. See 79 FR 10448, February
25,
[[Page 25023]]
2014. 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.
IV. Statutory and Executive Orders Review
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 USC 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves 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 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.
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 July 1, 2014. 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, 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: April 9, 2014.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ--North Dakota
0
2. Section 52.1820, the table in paragraph (c) is amended as follows:
0
a. By revising the table entries for ``33-15-01-04'', ``33-15-02-04'',
``33-15-02-07'', and ``33-15-02, Table 1'';
0
b. By removing the table entry for ``33-15-02-07.3, 33-15-02-07.4, and
33-15-02, Table 2'';
0
c. By adding the table entry for ``33-15-02, Table 2'' in numerical
order;
0
d. By revising the table entries for ``33-15-14-01'' and ``33-15-14-
02'';
0
e. By adding the table entries for ``33-15-14-02.1'', and ``33-15-14-
02.13 and Subsection o.'' in numerical order; and
0
f. By revising the table entries for ``33-15-14-03'' and ``33-15-14-
03.1.c''.
The revisions and additions read as follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State EPA approval date
State citation Title/subject effective date and citation \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-01-04...................... Definitions........ 4/1/11 5/2/14, [Insert ...................
Federal Register
page number where
the document
begins.].
----------------------------------------------------------------------------------------------------------------
[[Page 25024]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-02-04...................... Ambient air quality 4/1/11 5/2/14, [Insert ...................
standards. Federal Register
page number where
the document
begins.].
----------------------------------------------------------------------------------------------------------------
33-15-02-07...................... Concentrations of 4/1/11 5/2/14, [Insert ...................
air contaminants Federal Register
in the ambient air page number where
restricted. the document
begins.].
33-15-02, Table 1................ Ambient Air Quality 4/1/11 5/2/14, [Insert ...................
Standards. Federal Register
page number where
the document
begins.].
33-15-02, Table 2................ National Ambient 4/1/11 5/2/14, [Insert ...................
Air Quality Federal Register
Standards. page number where
the document
begins.].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-14-01...................... Designated air 4/1/11 5/2/14, [Insert ...................
contaminant Federal Register
sources. page number where
the document
begins.].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-14-02...................... Permit to construct 4/1/11 5/2/14, [Insert Excluding
Federal Register subsections 1, 12,
page number where 13, 3.c, 13.b.1,
the document 5, 13.c, 13.i(5),
begins.]. 13.o, and 19 (one
sentence) which
were subsequently
revised and
approved. See
below. See
additional
interpretive
materials cited in
57 FR 28619, 6/26/
92, regarding the
State's commitment
to meet the
requirements of
EPA's ``Guideline
on Air Quality
Models
(Revised).''
33-15-14-02.1.................... Permit to construct 4/1/11 5/2/14, [Insert ...................
required. Federal Register
page number where
the document
begins.].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-14-02.13 and Subsection o.. Exemptions......... 4/1/11 5/2/14, [Insert ...................
Federal Register
page number where
the document
begins.].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-14-03...................... Minor source permit 4/1/11 5/2/14, [Insert Excluding
to operate. Federal Register subsections 10,
page number where 1.c, 4, 5.a(1)(d),
the document 11, and 16 (one
begins.]. sentence) which
were subsequently
revised and
approved. See
below. Also see 40
CFR 52.1834
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-14-03.1.c.................. Permit to operate 4/1/11 5/2/14, [Insert ...................
required. Federal Register
page number where
the document
begins.].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[[Page 25025]]
* * * * *
[FR Doc. 2014-09855 Filed 5-1-14; 8:45 am]
BILLING CODE 6560-50-P