Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Revisions to Air Pollution Control Rules, 46919-46921 [2017-21606]
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
Incorporation by reference,
Intergovernmental regulations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 26, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0019; FRL–9969–05–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; North
Dakota; Revisions to Air Pollution
Control Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of North Dakota
on January 28, 2013, and April 22, 2014.
The revisions are to Article 33–15 Air
Pollution Control rules of the North
Dakota Administrative Code. The
revisions include amendments to add
EPA Reference Method 22 to determine
compliance with a visible emissions
limit, add significance levels for PM2.5,
modify existing significance levels for
NO2 and SO2 and remove the
significance level for PM10. This action
is being taken under section 110 of the
Clean Air Act (CAA).
DATES: This rule is effective on
November 9, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2017–0019. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
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Jaslyn Dobrahner, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6252,
dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
[FR Doc. 2017–21611 Filed 10–6–17; 8:45 am]
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
In our notice of proposed rulemaking
published on July 28, 2017 (82 FR
35153), the EPA proposed to approve
revisions to Article 33–15 Air Pollution
Control rules of the North Dakota
Administrative Code submitted by the
State of North Dakota on January 28,
2013, and April 22, 2014. In this
rulemaking, we are taking final action
on a revision submitted in the January
28, 2013 submittal to revise significance
levels. The North Dakota State Health
Council adopted those amendments on
August 14, 2012 (effective January 1,
2013). In addition, we are also taking
final action on a revision that was
included in the April 22, 2014 submittal
to add EPA Reference Method 22 for
determining opacity for limits expressed
as zero percent opacity. The North
Dakota State Health Council adopted
those amendments on February 11, 2014
(effective April 1, 2014). The reasons for
our approval are provided in detail in
the proposed rule.
46919
described in the amendments set forth
to 40 CFR part 52 below. The EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and/or at the EPA
Region 8 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
V. 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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this final action
merely approves some state law as
meeting federal requirements; this final
action does not impose additional
requirements beyond those imposed by
II. Response to Comments
state law. For that reason, this final
We received no comments on our
action:
proposed rule.
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
III. Final Action
of Management and Budget under
For the reasons expressed in the
Executive Order 12866 (58 FR 51735,
proposed rule, the EPA is approving
Oct. 4, 1993);
revisions to sections of the State’s Air
• Does not impose an information
Pollution Control rules from the January
28, 2013, and April 22, 2014 submittals. collection burden under the provisions
of the Paperwork Reduction Act (44
A summary of the revisions in North
Dakota’s Air Pollution Control rules the U.S.C. 3501 et seq.);
• Is certified as not having a
EPA is approving is provided in Table
significant economic impact on a
1.
substantial number of small entities
TABLE 1—LIST OF NORTH DAKOTA RE- under the Regulatory Flexibility Act (5
VISIONS THAT THE EPA IS APPROV- U.S.C. 601 et seq.);
• Does not contain any unfunded
ING
mandate or significantly or uniquely
Revisions in January 28, 2013 and April 22, 2014
affect small governments, as described
submittals that EPA is approving
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
January 28, 2013 submittal: 33–15–14–02.5.a.
April 22, 2014 submittal: 33–15–03–05.2.
• Does not have federalism
implications as specified in Executive
IV. Incorporation by Reference
Order 13132 (64 FR 43255, Aug. 10,
1999);
In this rule, the EPA is finalizing
• Is not an economically significant
regulatory text that includes
regulatory action based on health or
incorporation by reference. In
safety risks subject to Executive Order
accordance with requirements of 1 CFR
13045 (62 FR 19885, April 23, 1997);
51.5, the EPA is finalizing the
incorporation by reference of North
1 62 FR 27968 (May 22, 1997).
Dakota Air Pollution Control rules
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
• 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 the 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, Feb. 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
Rule No.
*
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: September 25, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ—North Dakota
2. In § 52.1820, the table in paragraph
(c) is amended by revising the entries
‘‘33–15–03–05’’ and ‘‘33–15–14–02’’ to
read as follows:
■
List of Subjects in 40 CFR Part 52
§ 52.1820
Environmental protection, Air
pollution control, Carbon monoxide,
*
State
effective
date
Rule title
*
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The 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 11,
2017. 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 CAA
section 307(b)(2)).
EPA
effective
date
*
Identification of plan.
*
*
Final rule
citation/date
*
*
*
(c) * * *
Comments
*
*
*
*
*
*
*
33–15–03. Restriction of Emission of Visible Air Contaminants
*
33–15–03–05 ........
*
*
Method of
measurement.
*
*
4/1/2014
11/9/2017
*
*
[insert Federal Register citation], 10/10/
2017.
*
*
*
33–15–14. Designated Air Contaminant Sources Permit To Construct Minor Source Permit To Operate Title V Permit To Operate
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33–15–14–02 ........
*
VerDate Sep<11>2014
*
Permit to
construct.
*
17:40 Oct 06, 2017
*
1/1/2013
11/9/2017
*
*
[insert Federal Register citation], 10/10/
2017.
*
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*
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*
*
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 57 FR 28619 (6/26/92), regarding State’s commitment to meet requirements
of EPA’s ‘‘Guideline on Air Quality Models
(revised).’’
*
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
*
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–21606 Filed 10–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0360; FRL–9968–90–
Region 4]
Air Plan Approval; Alabama:
Prevention of Significant Deterioration
Updates
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of revisions to
Alabama’s State Implementation Plan
(SIP), submitted by the State of
Alabama, through the Alabama
Department of Environmental
Management (ADEM), on May 8, 2013,
and August 23, 2016. The portions of
these SIP revisions that EPA is
finalizing approval of relate to the
State’s Prevention of Significant
Deterioration (PSD) permitting program.
This action is being taken pursuant to
the Clean Air Act (CAA or Act).
DATES: This rule is effective November
9, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0360. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
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SUMMARY:
VerDate Sep<11>2014
14:55 Oct 06, 2017
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Andres Febres of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Febres can be reached by telephone at
(404) 562–8966 or via electronic mail at
febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 8, 2013 and August 23, 2016,
ADEM submitted SIP revisions for
EPA’s approval that include changes to
Alabama’s PSD permitting regulations,
among other changes. In a notice of
proposed rulemaking published on
August 15, 2017 (82 FR 38660), EPA
proposed to approve certain portions of
these submittals that make changes to
ADEM Administrative Code Rule 335–
3–14–.04—‘‘Air Permits Authorizing
Construction in Clean Areas (Prevention
of Significant Deterioration Permitting
(PSD)),’’ which applies to the
construction or modification of any
major stationary source in areas
designated as attainment or
unclassifiable as required by part C of
title I of the CAA.
Alabama’s May 8, 2013, SIP submittal
includes changes to Rule 335–3–14–.04
to address the Federal rule entitled
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers
(PM2.5): Amendment to the Definition of
‘Regulated NSR Pollutant’ Concerning
Condensable Particulate Matter,’’ 77 FR
65107 (October 25, 2012) (hereinafter
referred to as the PM2.5 Condensables
Correction Rule),1 and plantwide
applicability limits (PALs) for
greenhouse gases (GHGs) as allowed in
the Federal rule entitled ‘‘Prevention of
Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule Step 3
and GHG Plantwide Applicability
Limits,’’ 77 FR 41051 (July 12, 2012)
(hereinafter referred to as the GHG Step
3 Rule).2 In addition, the SIP submittal
includes changes to the definition of
GHGs in Rule 335–3–14–.04 and Rule
1 Given
the corrections to the federal definition of
‘‘particulate matter emissions’’ in the PM2.5
Condensables Correction Rule, EPA is removing the
note regarding ‘‘particulate matter emissions’’ in the
table entry for Rule 335–3–14–.04 at 40 CFR
52.50(c). In addition, EPA is removing the note
regarding PM2.5 Significant Impact Levels (SILs) in
the table entry for Rule 335–3–14–.04 at 40 CFR
52.50(c) because, on October 9, 2014, ADEM
submitted a letter to EPA withdrawing these SILs
from EPA’s consideration as included in a May 2,
2011, SIP submittal.
2 For background information on GHG permitting,
including the GHG Step 3 Rule, see 82 FR 38662.
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46921
335–3–16 (regarding major source
operating permits) to address EPA’s July
20, 2011 rule deferring PSD
requirements for carbon dioxide (CO2)
emissions from bioenergy and other
biogenic sources (hereinafter referred to
as the ‘‘Biomass Deferral Rule’’).3
Alabama’s May 8, 2013, SIP submission
also includes the following changes to
other Alabama rules: Changes to the
definition of Volatile Organic
Compounds (VOCs) at Rule 335–3–1–
.02; changes to the incorporation by
reference (IBR) of the Federal New
Source Performance Standards in
Chapter 335–3–10 and National
Emissions Standards for Hazardous Air
Pollutants in Chapter 335–3–11; and
changes regarding transportation
conformity provisions at Rule Chapter
335–3–16.
Alabama’s August 23, 2016, SIP
submittal includes changes to Rule 335–
3–14–.04 and Rule Chapter 335–3–16 to
remove the treatment of GHGs as an air
pollutant for the specific purpose of
determining whether a source is a major
source (or a modification thereof) in
PSD and title V permitting
requirements.4 The submittal also
withdraws the portion of the State’s
May 8, 2013, SIP submittal that revises
Rule 335–3–14–.04 to address the
Biomass Deferral Rule and makes
changes to the GHG Step 3 language
proposed in Alabama’s May 8, 2013,
submittal.
In the August 15, 2017, proposed
rulemaking, EPA proposed to approve
only the portions of the May 8, 2013,
submittal that make changes to the GHG
PAL provisions pursuant to the GHG
Step 3 rule and the portions of the
August 23, 2016, submittal that
discontinue regulation of GHGs as an air
pollutant for the specific purpose of
determining whether a source is a major
source (or a modification thereof) in
PSD and title V permitting requirements
and that make changes to the GHG Step
3 language proposed in Alabama’s May
8, 2013, submittal. EPA did not propose
any action on the remaining portions of
these submittals. The details of
Alabama’s SIP revisions and the
3 Emissions of CO from a stationary source
2
directly resulting from the combustion or
decomposition of biologically-based materials other
than fossil fuels and mineral sources of carbon (e.g.,
calcium carbonate) and biologically-based material
(non-fossilized and biodegradable organic material
originating from plants, animals or microorganisms, including products, by-products,
residues and waste from agriculture, forestry and
related industries as well as the non-fossilized and
biodegradable organic fractions of industrial and
municipal wastes, including gases and liquids
recovered from the decomposition of non-fossilized
and biodegradable organic material).
4 i.e., removing regulation of ‘‘GHG-only’’ sources.
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]]>Agencies
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46919-46921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21606]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2017-0019; FRL-9969-05-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
North Dakota; Revisions to Air Pollution Control Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of North
Dakota on January 28, 2013, and April 22, 2014. The revisions are to
Article 33-15 Air Pollution Control rules of the North Dakota
Administrative Code. The revisions include amendments to add EPA
Reference Method 22 to determine compliance with a visible emissions
limit, add significance levels for PM2.5, modify existing
significance levels for NO2 and SO2 and remove
the significance level for PM10. This action is being taken
under section 110 of the Clean Air Act (CAA).
DATES: This rule is effective on November 9, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2017-0019. All documents in the docket are
listed on the https://www.regulations.gov Web site. 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, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6252,
dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In our notice of proposed rulemaking published on July 28, 2017 (82
FR 35153), the EPA proposed to approve revisions to Article 33-15 Air
Pollution Control rules of the North Dakota Administrative Code
submitted by the State of North Dakota on January 28, 2013, and April
22, 2014. In this rulemaking, we are taking final action on a revision
submitted in the January 28, 2013 submittal to revise significance
levels. The North Dakota State Health Council adopted those amendments
on August 14, 2012 (effective January 1, 2013). In addition, we are
also taking final action on a revision that was included in the April
22, 2014 submittal to add EPA Reference Method 22 for determining
opacity for limits expressed as zero percent opacity. The North Dakota
State Health Council adopted those amendments on February 11, 2014
(effective April 1, 2014). The reasons for our approval are provided in
detail in the proposed rule.
II. Response to Comments
We received no comments on our proposed rule.
III. Final Action
For the reasons expressed in the proposed rule, the EPA is
approving revisions to sections of the State's Air Pollution Control
rules from the January 28, 2013, and April 22, 2014 submittals. A
summary of the revisions in North Dakota's Air Pollution Control rules
the EPA is approving is provided in Table 1.
Table 1--List of North Dakota Revisions That the EPA Is Approving
------------------------------------------------------------------------
Revisions in January 28, 2013 and April 22, 2014 submittals that EPA is
approving
-------------------------------------------------------------------------
January 28, 2013 submittal: 33-15-14-02.5.a.
April 22, 2014 submittal: 33-15-03-05.2.
------------------------------------------------------------------------
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of North
Dakota Air Pollution Control rules described in the amendments set
forth to 40 CFR part 52 below. The EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and/or at the EPA Region 8 Office (please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section of this preamble for
more information).
Therefore, these materials have been approved by the EPA for
inclusion in the SIP, have been incorporated by reference by the EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of the
EPA's approval, and will be incorporated by reference by the Director
of the Federal Register in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
final action merely approves some state law as meeting federal
requirements; this final action does not impose additional requirements
beyond those imposed by state law. For that reason, this final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, Oct. 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, Aug. 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);
[[Page 46920]]
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 the 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, Feb. 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
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. The 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 11, 2017. 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 CAA 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: September 25, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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 ``33-15-03-05'' and ``33-15-14-02'' to read as follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State EPA effective Final rule
Rule No. Rule title effective date date citation/date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-03. Restriction of Emission of Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
33-15-03-05............ Method of 4/1/2014 11/9/2017 [insert Federal
measurement. Register
citation], 10/
10/2017.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-14. Designated Air Contaminant Sources Permit To Construct Minor Source Permit To Operate Title V Permit
To Operate
----------------------------------------------------------------------------------------------------------------
* * * * * * *
33-15-14-02............ Permit to 1/1/2013 11/9/2017 [insert Federal Excluding
construct. Register subsections 1, 12,
citation], 10/ 13, 3.c., 13.b.1.,
10/2017. 5, 13.c., 13.i(5),
13.o., and 19 (one
sentence) which
were subsequently
revised and
approved. See 57 FR
28619 (6/26/92),
regarding State's
commitment to meet
requirements of
EPA's ``Guideline
on Air Quality
Models (revised).''
* * * * * * *
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[[Page 46921]]
* * * * *
[FR Doc. 2017-21606 Filed 10-6-17; 8:45 am]
BILLING CODE 6560-50-P
