Approval and Promulgation of State Implementation Plan Revisions; Revisions to the Air Pollution Control Rules; North Dakota, 25021-25025 [2014-09855]

Download as PDF 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: TKELLEY on DSK3SPTVN1PROD with RULES 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). 16:05 May 01, 2014 Jkt 232001 State submittal date * 11/8/13 Frm 00027 Fmt 4700 Sfmt 4700 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 http://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 http://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 E:\FR\FM\02MYR1.SGM 02MYR1 25022 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: TKELLEY on DSK3SPTVN1PROD with RULES (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 VerDate Mar<15>2010 16:05 May 01, 2014 Jkt 232001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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, E:\FR\FM\02MYR1.SGM 02MYR1 25023 Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 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 * TKELLEY on DSK3SPTVN1PROD with RULES 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 * * Definitions .............................. Jkt 232001 PO 00000 Frm 00029 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 * Identification of plan. * * (c) * * * Sfmt 4700 * EPA approval date and citation 1 * 4/1/11 Fmt 4700 not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) E:\FR\FM\02MYR1.SGM Explanations * 5/2/14, [Insert Federal Register page number where the document begins.]. 02MYR1 * * 25024 Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations State citation * State effective date Title/subject * * * EPA approval date and citation 1 * * 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. * 33–15–14–01 .......................... * 4/1/11 * 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.]. * * 33–15–14–02.13 and Subsection o. * * * * * * * * * * * * * 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 .......................... TKELLEY on DSK3SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:05 May 01, 2014 Jkt 232001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\02MYR1.SGM 02MYR1 Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations * * * * * [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 http:// 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]


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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.

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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 http://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 http://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