Approval and Promulgation of Implementation Plans; North Dakota; Revisions to the Air Pollution Control Rules, 63045-63047 [2014-24996]
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Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 22, 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
63045
Dated: September 30, 2014.
Rebecca Weber,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as set
forth below:
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 R—Kansas
2. In § 52.870(e) the table is amended
by adding new entry (39) in numerical
order at the end of the table to read as
follows:
■
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
Dioxide, and Reporting and
recordkeeping requirements.
§ 52.870
*
Identification of plan.
*
*
(e)* * *
*
*
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Name of nonregulatory
SIP provision
Applicable geographic
area or nonattainment
area
*
(39) Section 110(a)(2) Infrastructure Requirements for the 2010
NO2 NAAQS.
*
*
Statewide ......................
[FR Doc. 2014–24782 Filed 10–21–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2014–0173; FRL–9918–21–
Region 8]
Approval and Promulgation of
Implementation Plans; North Dakota;
Revisions to the Air Pollution Control
Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving changes to
North Dakota’s State Implementation
Plan (SIP). On January 23, 2013, the
Governor of North Dakota submitted to
EPA revisions to several chapters of the
North Dakota SIP. These revisions
included the removal of subsections 33–
15–03–04.4 and 33–15–05–01.2.a(l) of
the North Dakota Administrative Code
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SUMMARY:
VerDate Sep<11>2014
15:49 Oct 21, 2014
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State submittal date
3/19/2013
EPA approval date
Explanation
*
*
10/22/2014 and [Insert
Federal Register citation].
*
*
This action addresses the following CAA elements: 110 (a)(2)(A), (B), (C), (D), (E), (F),
(G), (H), (J), (K), (L), and (M).
(NDAC). In this action, EPA is
approving the removal of these
subsections from the SIP because it is
consistent with Clean Air Act (CAA)
requirements. The State’s submission
corrects certain deficiencies related to
the treatment of excess emissions from
sources. EPA will address the remaining
revisions from North Dakota’s January
23, 2013 submission in other actions.
DATES: This final rule is effective
November 21, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R08–OAR–
2014–0173. All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Program, Environmental
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
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:
Adam Clark, U.S. Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–7104, clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are
giving meaning to certain words or initials as
follows:
(i) The words or initials Act or CAA mean
or refer to the Clean Air Act, unless the
context indicates otherwise.
(ii) The words EPA, we, us or our mean or
refer to the United States Environmental
Protection Agency.
E:\FR\FM\22OCR1.SGM
22OCR1
63046
Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
(iii) The initials NDAC mean or refer to the
North Dakota Administrative Code.
(iv) The initials SIP mean or refer to state
implementation plan.
(v) The initials SSM mean or refer to
startup, shutdown, and malfunction.
(vi) The words State or North Dakota mean
the State of North Dakota, unless the context
indicates otherwise.
I. Background
On January 23, 2013, the Governor of
North Dakota submitted to EPA SIP
revisions that would remove both NDAC
33–15–03–04.4 and NDAC 33–15–05–
01.2.a(l) from the North Dakota SIP; the
submission also contained other
revisions to the North Dakota SIP. On
July 16, 2014 (79 FR 41473), we
proposed approval of the removal of
subsections NDAC 33–15–03–04.4 and
NDAC 33–15–05–01.2.a(l) from the
North Dakota SIP, but we did not
propose to take any action on the
remaining revisions from the January
23, 2013 submittal.
In our proposed rule, we explained
that, in accordance with the
requirements of CAA section
110(a)(2)(A), SIPs must contain
enforceable emission limitations and, in
accordance with the definition of
‘‘emission limitations’’ in CAA section
302(k), such emission limitations must
be continuous. In addition, under CAA
section 304(a), any person may bring a
civil action against any person alleged
to have violated (if there is evidence
that the alleged violation has been
repeated) or to be in violation of an
‘‘emission standard or limitation’’ under
the CAA. For the purposes of section
304, ‘‘emission standard or limitation’’
is defined in section 304(f) and includes
SIP emission limitations. Thus, SIP
emission limitations can be enforced in
a section 304 action and so must be
capable of enforcement. SIP provisions
that create exemptions such that excess
emissions during startup, shutdown,
malfunctions (SSM) and other
conditions are not violations of the
applicable emission limitations are
inconsistent with these fundamental
requirements of the CAA with respect to
emission limitations in SIPs.
For these reasons, we proposed to
approve the State’s removal of
subsections NDAC 33–15–03–04.4 and
NDAC 33–15–05–01.2.a(l) from the
North Dakota SIP. In particular, NDAC
33–15–03–04.4 created exemptions from
a number of cross-referenced opacity
limits ‘‘where the limits specified in this
article cannot be met because of
operations and processes such as, but
not limited to, oil field service and
drilling operations, but only so long as
it is not technically feasible to meet said
specifications.’’ NDAC 33–15–05–
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01.2a(1) created an implicit exemption
from particulate matter emissions limits
for ‘‘temporary operational breakdowns
or cleaning of air pollution equipment’’
if the source met certain conditions.
Because these provisions contemplated
outright exemptions from the otherwise
applicable SIP emission limits, they
were inconsistent with CAA
requirements. In addition, NDAC 33–
15–03–04.4 had inherent ambiguities
that called into question its
enforceability.
The State’s removal of these
provisions is sufficient to correct the
inadequacies the provisions created and
is consistent with the requirements of
the CAA. As a result of their removal
from the SIP, the improper exemptions
from emissions limitations contained
within these provisions will no longer
be available to sources. Therefore, the
emissions limitations will become
continuous and more enforceable.
II. Response to Comments
The comment period for our June 16,
2014 proposal was open for 30 days. We
received three brief comments on the
proposed action. The Sierra Club
submitted a comment in support of the
proposed action, and two individuals
submitted comments regarding other
matters that are entirely unrelated to the
proposed action. We acknowledge the
supportive comment. We are not
responding to the other comments on
subjects unrelated to our proposal.
III. EPA’s Final Action
We are approving the State’s removal
of NDAC 33–15–03–04.4 and NDAC 33–
15–05–01.2.a(l) from the North Dakota
SIP, as reflected in the State’s January
23, 2013 SIP submission. This approval
corrects the deficiencies contained in
these provisions, as noted above, in our
June 16, 2014 proposed rule, and in
EPA’s February 22, 2013 proposed SSM
SIP Call (78 FR 12531). Based on this
final approval, EPA notes that these two
deficiencies in the North Dakota SIP
identified in the proposed SSM SIP call
have now been correctly resolved. Thus,
EPA’s final action on the SSM SIP call
should not need to address these two
deficiencies. We also note that a third
deficient provision, NDAC 33–15–03–
04.3, was identified in the February 22,
2013 proposed SSM SIP call; however,
the January 23, 2013 submission did not
revise NDAC 33–15–03–04.3. Finally,
we are not taking action today on the
remaining portions of the January 23,
2013 submission.
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Fmt 4700
Sfmt 4700
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 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this final 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
E:\FR\FM\22OCR1.SGM
22OCR1
63047
Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
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 December 22,
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,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: October 2, 2014.
Debra H. Thomas,
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. In § 52.1820, the table in paragraph
(c) is amended by revising the entries
for ‘‘33–15–03–04’’ and ‘‘33–15–05–01’’
to read as follows:
■
§ 52.1820
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
STATE OF NORTH DAKOTA REGULATIONS
State citation
State effective
date
Title/Subject
*
*
*
*
33–15–03
*
33–15–03–04 ...
*
*
*
1/1/13
*
33–15–05
33–15–05–01 ...
*
*
*
*
*
10/22/14, [Insert Federal Register citation].
*
*
*
*
Emissions of Particulate Matter Restricted
Restrictions of emissions of particulate matter from industrial processes.
*
*
Explanations
Restrictions of Visible Air Contaminants
*
*
Exceptions ......................................................
*
EPA Approval date and citation 1
*
1/1/13
*
10/22/14 [Insert Federal Register citation].
*
*
*
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.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
identified and discussed later in this
document. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES:
*
*
*
*
*
[FR Doc. 2014–24996 Filed 10–21–14; 8:45 am]
40 CFR Part 180
[EPA–HQ–OPP–2013–0255; FRL–9917–56]
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Metrafenone; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2013–0255, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
ADDRESSES:
This regulation establishes
tolerances for residues of metrafenone
in or on multiple commodities that are
SUMMARY:
This regulation is effective
October 22, 2014. Objections and
requests for hearings must be received
on or before December 22, 2014, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
PO 00000
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in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. 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 OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Daniel Rosenblatt, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
E:\FR\FM\22OCR1.SGM
22OCR1
]]>Agencies
[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Rules and Regulations]
[Pages 63045-63047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24996]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2014-0173; FRL-9918-21-Region 8]
Approval and Promulgation of Implementation Plans; North Dakota;
Revisions to the Air Pollution Control Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving changes to North Dakota's State
Implementation Plan (SIP). On January 23, 2013, the Governor of North
Dakota submitted to EPA revisions to several chapters of the North
Dakota SIP. These revisions included the removal of subsections 33-15-
03-04.4 and 33-15-05-01.2.a(l) of the North Dakota Administrative Code
(NDAC). In this action, EPA is approving the removal of these
subsections from the SIP because it is consistent with Clean Air Act
(CAA) requirements. The State's submission corrects certain
deficiencies related to the treatment of excess emissions from sources.
EPA will address the remaining revisions from North Dakota's January
23, 2013 submission in other actions.
DATES: This final rule is effective November 21, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R08-OAR-2014-0173. All documents in the docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in 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: Adam Clark, U.S. Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, (303) 312-7104, clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are giving meaning to
certain words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean
Air Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
[[Page 63046]]
(iii) The initials NDAC mean or refer to the North Dakota
Administrative Code.
(iv) The initials SIP mean or refer to state implementation
plan.
(v) The initials SSM mean or refer to startup, shutdown, and
malfunction.
(vi) The words State or North Dakota mean the State of North
Dakota, unless the context indicates otherwise.
I. Background
On January 23, 2013, the Governor of North Dakota submitted to EPA
SIP revisions that would remove both NDAC 33-15-03-04.4 and NDAC 33-15-
05-01.2.a(l) from the North Dakota SIP; the submission also contained
other revisions to the North Dakota SIP. On July 16, 2014 (79 FR
41473), we proposed approval of the removal of subsections NDAC 33-15-
03-04.4 and NDAC 33-15-05-01.2.a(l) from the North Dakota SIP, but we
did not propose to take any action on the remaining revisions from the
January 23, 2013 submittal.
In our proposed rule, we explained that, in accordance with the
requirements of CAA section 110(a)(2)(A), SIPs must contain enforceable
emission limitations and, in accordance with the definition of
``emission limitations'' in CAA section 302(k), such emission
limitations must be continuous. In addition, under CAA section 304(a),
any person may bring a civil action against any person alleged to have
violated (if there is evidence that the alleged violation has been
repeated) or to be in violation of an ``emission standard or
limitation'' under the CAA. For the purposes of section 304, ``emission
standard or limitation'' is defined in section 304(f) and includes SIP
emission limitations. Thus, SIP emission limitations can be enforced in
a section 304 action and so must be capable of enforcement. SIP
provisions that create exemptions such that excess emissions during
startup, shutdown, malfunctions (SSM) and other conditions are not
violations of the applicable emission limitations are inconsistent with
these fundamental requirements of the CAA with respect to emission
limitations in SIPs.
For these reasons, we proposed to approve the State's removal of
subsections NDAC 33-15-03-04.4 and NDAC 33-15-05-01.2.a(l) from the
North Dakota SIP. In particular, NDAC 33-15-03-04.4 created exemptions
from a number of cross-referenced opacity limits ``where the limits
specified in this article cannot be met because of operations and
processes such as, but not limited to, oil field service and drilling
operations, but only so long as it is not technically feasible to meet
said specifications.'' NDAC 33-15-05-01.2a(1) created an implicit
exemption from particulate matter emissions limits for ``temporary
operational breakdowns or cleaning of air pollution equipment'' if the
source met certain conditions. Because these provisions contemplated
outright exemptions from the otherwise applicable SIP emission limits,
they were inconsistent with CAA requirements. In addition, NDAC 33-15-
03-04.4 had inherent ambiguities that called into question its
enforceability.
The State's removal of these provisions is sufficient to correct
the inadequacies the provisions created and is consistent with the
requirements of the CAA. As a result of their removal from the SIP, the
improper exemptions from emissions limitations contained within these
provisions will no longer be available to sources. Therefore, the
emissions limitations will become continuous and more enforceable.
II. Response to Comments
The comment period for our June 16, 2014 proposal was open for 30
days. We received three brief comments on the proposed action. The
Sierra Club submitted a comment in support of the proposed action, and
two individuals submitted comments regarding other matters that are
entirely unrelated to the proposed action. We acknowledge the
supportive comment. We are not responding to the other comments on
subjects unrelated to our proposal.
III. EPA's Final Action
We are approving the State's removal of NDAC 33-15-03-04.4 and NDAC
33-15-05-01.2.a(l) from the North Dakota SIP, as reflected in the
State's January 23, 2013 SIP submission. This approval corrects the
deficiencies contained in these provisions, as noted above, in our June
16, 2014 proposed rule, and in EPA's February 22, 2013 proposed SSM SIP
Call (78 FR 12531). Based on this final approval, EPA notes that these
two deficiencies in the North Dakota SIP identified in the proposed SSM
SIP call have now been correctly resolved. Thus, EPA's final action on
the SSM SIP call should not need to address these two deficiencies. We
also note that a third deficient provision, NDAC 33-15-03-04.3, was
identified in the February 22, 2013 proposed SSM SIP call; however, the
January 23, 2013 submission did not revise NDAC 33-15-03-04.3. Finally,
we are not taking action today on the remaining portions of the January
23, 2013 submission.
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 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
final 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
[[Page 63047]]
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 December 22, 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,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 2, 2014.
Debra H. Thomas,
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. In Sec. 52.1820, the table in paragraph (c) is amended by revising
the entries for ``33-15-03-04'' and ``33-15-05-01'' to read as follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
State of North Dakota Regulations
----------------------------------------------------------------------------------------------------------------
State EPA Approval date and
State citation Title/Subject effective date citation \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-03 Restrictions of Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
33-15-03-04............... Exceptions........... 1/1/13 10/22/14, [Insert
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-05 Emissions of Particulate Matter Restricted
----------------------------------------------------------------------------------------------------------------
33-15-05-01............... Restrictions of 1/1/13 10/22/14 [Insert
emissions of Federal Register
particulate matter citation].
from industrial
processes.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
* * * * *
[FR Doc. 2014-24996 Filed 10-21-14; 8:45 am]
BILLING CODE 6560-50-P
