Approval of Recodification and Revisions to State Air Pollution Control Rules; North Dakota; Interim Approval of Title V Program Recodification and Revisions; Approval of Recodification and Revisions to State Programs and Delegation of Authority To Implement and Enforce Clean Air Act Sections 111 and 112 Standards and Requirements, 3108-3112 [2019-00718]
Download as PDF
<![CDATA[
3108
Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Rules and Regulations
which is incorporated by reference in
the Code of Federal Regulations in
accordance with 39 CFR 20.1, along
with associated changes to Notice 123,
Price List.
1. The authority citation for 39 CFR
Part 20 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 407, 414, 416, 3001–3011,
3201–3219, 3403–3406, 3621, 3622, 3626,
3632, 3633, and 5001.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, International Mail
Manual (IMM), as follows:
■
Mailing Standards of the United States
Postal Service, International Mail
Manual (IMM)
*
*
*
*
*
[Throughout the IMM, change all
references to ‘‘Great Britain and
Northern Ireland’’ to ‘‘United Kingdom
of Great Britain and Northern Ireland’’
or to ‘‘United Kingdom’’ where the
shorter form is appropriate and place
them in the correct alphabetical order in
lists. Revised sections include 213.5,
292.45, and 293.45; the Index of
Countries and Localities; the Country
Price Groups and Weight Limits; and the
Individual Country Listings, plus minor
applicable revisions throughout the
IMM.]
[Throughout the IMM, change all
references to ‘‘Swaziland’’ to ‘‘Eswatini’’
and place them in the correct
alphabetical order in lists. Revised
sections include sections 213.5, 292.45a,
and 322.2; the Index of Countries and
Localities; the Country Price Groups and
Weight Limits; and the Individual
Country Listings.]
Ruth Stevenson,
Attorney, Federal Compliance.
[FR Doc. 2019–01669 Filed 2–8–19; 8:45 am]
BILLING CODE 7710–12–P
16:03 Feb 08, 2019
40 CFR Part 60, 61, 63, and 70
[EPA–R08–OAR–2018–0299; FRL–9988–
39—Region 8]
PART 20—[AMENDED]
VerDate Sep<11>2014
ENVIRONMENTAL PROTECTION
AGENCY
Jkt 247001
Approval of Recodification and
Revisions to State Air Pollution
Control Rules; North Dakota; Interim
Approval of Title V Program
Recodification and Revisions;
Approval of Recodification and
Revisions to State Programs and
Delegation of Authority To Implement
and Enforce Clean Air Act Sections
111 and 112 Standards and
Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA or the ‘‘Agency’’) is
finalizing interim approval of revisions
to the North Dakota operating permit
program for stationary sources subject to
title V of the Clean Air Act (CAA or the
‘‘Act’’) and recodification of the State’s
title V program under a new title of the
North Dakota Administrative Code
(NDAC). The EPA is also approving
North Dakota’s revision and
recodification of North Dakota’s
programs for implementing and
enforcing delegated requirements under
CAA sections 111 and 112, and for
carrying out a State Acid Rain Program
under sections 401–406 of the Act as a
portion of the operating permits
program.
SUMMARY:
This rule is effective on March
15, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2018–0299. All
documents in the docket are listed on
the https://www.regulations.gov website.
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:
Gregory Lohrke, Air Program, EPA,
Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
DATES:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
80202–1129, (303) 312–6396,
lohrke.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
This action also informs the public
that on December 17, 2018, the EPA
authorized delegation to implement and
enforce CAA section 111 New Source
Performance Standards (NSPS) 1 and
section 112 National Emission
Standards for Hazardous Air Pollutants
(NESHAP), including Maximum
Achievable Control Technology
(MACT) 2 requirements within the State,
excluding Indian country, exactly as the
requirements were promulgated by the
EPA (i.e., ‘‘straight delegation’’). In
authorizing the delegation of these
authorities, the EPA’s letters also grant
North Dakota eligibility for future
‘‘automatic delegation’’ of incorporated,
unchanged federal requirements,
without the need to request Agency
approval, on a case-by-case basis. These
approvals effect the transfer of North
Dakota’s title V program administration,
including administration of the state
acid rain program, and delegated
authority to implement and enforce
CAA sections 111 and 112 requirements
from the North Dakota Department of
Health (NDDH) to the newly created
North Dakota Department of
Environmental Quality (NDDEQ or the
‘‘Department’’). The EPA is finalizing
these actions in accordance with
sections 501–506, 111, 112, 401–416 of
the Act.
I. Background
The background for this action is
discussed in detail in our October 30,
2018 notice of proposed rulemaking (83
FR 54532). In that document we
proposed to approve recodification and
revisions to the North Dakota title V
operating permits program on an
interim basis.3 The proposed interim
1 Monica Morales, Director, EPA Region 8 Air
Program to Terry O’Clair, Director, Division of Air
Quality, North Dakota Department of Health.
‘‘Automatic Delegation of Clean Air Act Section 111
Authorities and Responsibilities’’ December 17,
2018.
2 Monica Morales, Director, EPA Region 8 Air
Program to Terry O’Clair, Director, Division of Air
Quality, North Dakota Department of Health.
‘‘Automatic Delegation of Clean Air Act Section 112
Responsibilities’’ December 17, 2018.
3 For reference here and throughout today’s notice
concerning the renumbering and recodification of
NDCC and NDAC provisions relevant to the transfer
of CAA authorities to the NDDEQ, see the
document, ‘‘Crosswalk on Recodifications of
Relevant NDCC and NDAC Sections,’’ available in
the docket for today’s notice. For purposes of crossreferencing a recodified provision of the NDAC air
pollution control rules with its previous version, we
note that the recodification followed a consistent
scheme: All rules previously codified as 33–15–xx–
xx are now codified as 33.1–15–xx–xx. For
E:\FR\FM\11FER1.SGM
11FER1
Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Rules and Regulations
approval of North Dakota’s operating
permit program included, as a portion,
acceptance of the State’s recodification
of regulations enabling the
implementation of a State acid rain
program under title IV of the Act. In that
same notice, we also proposed approval
of North Dakota’s revised and recodified
programs for the implementation and
enforcement of CAA section 111 and
112 standards and further proposed a
straight delegation of authority to the
State of North Dakota to administer
certain standards under sections 111
(NSPS requirements) and 112 (NESHAP
requirements) as they are incorporated
unchanged from the Code of Federal
Regulations (CFR) into the State’s
administrative code. The notice of
proposed rulemaking offered the public
the opportunity to comment on these
proposed program approvals and
delegations of authority and the transfer
of program authorities to NDDEQ.
We received no comments on our
proposed rulemaking action; therefore,
we are finalizing all rulemaking actions,
including previously unapproved
amendments to North Dakota’s title V
rules as they were described in our
proposed rulemaking document.4
The EPA is granting interim approval
of the North Dakota operating permit
program under 40 CFR 70.4(d) and CAA
section 502(g). Additionally, as the State
implements a title IV acid rain program
through issuance and enforcement of
title V operating permits, the EPA is also
granting final approval of the transfer
and recodification of North Dakota’s
acid rain program from the NDDH to the
NDDEQ.5 The EPA is granting interim
approval of the operating permit
program as the program is revised and
recodified in NDAC article 33.1–15 and
as it had been submitted by the State,
reviewed and proposed for approval in
our previous rulemaking document.6
The EPA is granting interim approval
because, although North Dakota’s
operating permit program meets
minimum title V requirements and
otherwise meets 40 CFR part 70
requirements for an operating permit
program, as explained in the Attorney
General’s Opinion,7 the State’s rules do
not provide the full legal authority
necessary for judicial review. This issue
was explained in detail in our proposed
rulemaking document and must be
remedied before the EPA may grant final
full approval of North Dakota’s revised
and recodified title V program (40 CFR
70.4(e)(3)). Specifically, the State’s
forthcoming rules must provide that if
the final permit action being challenged
is the Department’s failure to take final
action, a petition for judicial review
may be filed at any time before the
Department denies the permit or issues
the final permit; and that where
petitions for judicial review are based
solely on grounds arising after the 30day deadline for judicial review, such
petitions may be filed no later than 30
days after the new grounds for review
arise. Upon notice of remedy of this
issue from the State, receipt of effective
State rules and an amended Attorney
General’s Opinion certifying complete
legal authority to grant judicial review
as required by 40 CFR 70.4(b)(3)(x)–
(xii), the EPA intends to propose full
approval of North Dakota’s operating
permit program. Interim program
approval will expire on March 19, 2020
and the State is required to ‘‘submit to
the EPA changes to the program
addressing the deficiencies specified in
the interim approval no later than 6
months prior to the expiration of the
interim approval.’’ 8
For further details and background
regarding the interim approval of North
Dakota’s revised operating permits
program and the transfer of state
operating permits program
implementation and enforcement
authority to the NDDEQ, please
reference the proposed rulemaking
document associated with this action.9
example: All Title V Permit to Operate provisions
previously codified under NDAC section 33–15–14–
06 are now codified at corresponding subsections
of NDAC section 33.1–15–14–06.
4 Our final approval includes previously
unapproved amendments to North Dakota’s title V
permit program rules, as discussed in our proposal,
83 FR 54535; See also docket item, ‘‘Post 1999
Amendments to ND Title V Program,’’ for details of
the amendments the EPA is approving with this
action.
5 The State’s Acid Rain rules (NDAC 33.1–15–21)
with an effective date of January 1, 2019, were
submitted via email from Tom Bachman, North
Dakota Department of Health, to Gregory Lohrke,
EPA Region 8 Air Program on December 10, 2018.
6 83 FR 54534–54537; Our approval also
considers the following supplemental documents
submitted by the State of North Dakota after our
proposal: ‘‘Addendum to August 16, 2018 Attorney
General’s Opinion Operating Permits Program.’’
December 12, 2018; ‘‘Supplement to the Attorney
General Statements Relating to Programs Being
Transferred to the North Dakota Department of
Environmental Quality.’’ October 23, 2018; and
NDAC 33.1–15–14–06, ‘‘Title V Permit to Operate,’’
and 33.1–15–23–04, ‘‘Major Source Permit to
Operate Fees.’’ Both effective on January 1, 2019.
Submitted via electronic correspondence by Tom
Bachman, North Dakota Department of Health to
Gregory Lohrke, EPA Region 8 Air Program.
December 10, 2018.
7 ‘‘Attorney General’s Opinion Operating Permits
Program.’’ August 16, 2018.
8 40 CFR 70.4(f)(1).
9 83 FR 54534–54537.
II. Final Action
A. Interim Approval of the North Dakota
Title V Program
VerDate Sep<11>2014
16:03 Feb 08, 2019
Jkt 247001
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
3109
B. NSPS Program Approval and
Delegations
The EPA has determined that the
revisions to the North Dakota CAA
section 111 program are adequate and
effective for implementation and
enforcement of NSPS requirements and
is approving the recodification of the
State’s program and incorporated
federal NSPS requirements under a new
title and chapter of the NDAC.10 On
December 17, 2018, the EPA provided
notice to North Dakota of approval of
both a straight delegation of authority to
implement and enforce all federal NSPS
requirements incorporated unchanged
into state regulations, and approval of
automatic delegation of authority to
implement and enforce federal NSPS
requirements incorporated unchanged at
a future date without need for case-bycase approvals. This notice of approval
in the Federal Register finalizes the
EPA’s determination that the North
Dakota section 111 program as it is to
be administered by the NDDEQ is
adequate for the delegated
implementation and enforcement of
federal NSPS requirements incorporated
unchanged into NDAC 33.1–15–12
before this rulemaking action, as well as
adequate for the prospective, automatic
delegation of federal NSPS requirements
incorporated unchanged into that NDAC
chapter in the future.
The EPA’s delegation letter and other
supporting materials for today’s action
may be found in the docket for this final
rule at https://www.regulations.gov. A
current summary of NSPS delegations to
North Dakota is posted under the
‘‘Delegations of Authority’’ link at
https://www.epa.gov/region8/airprogram. Further delegation updates
will be provided through this web page
on a quarterly basis to notify the public
of the current NSPS delegation status to
the State.
C. NESHAP Program Approval and
Delegations
The EPA has determined that the
revisions to the North Dakota section
112 program are adequate and effective
for implementation and enforcement of
NESHAP requirements and is approving
the recodification of the State’s program
and incorporated federal NESHAP
requirements under a new title and
chapter of the NDAC.11 On December
10 NDAC chapter 33.1–15–12, Standards of
Performance for New Stationary Sources; and
related fee provisions NDAC §§ 33.1–15–23–01,
33.1–15–23–02, 33.1–15–23–03, effective January 1,
2019.
11 NDAC chapters 33.1–15–13, National Emission
Standards for Hazardous Air Pollutants and 33.1–
15–22, National Emission Standards for Hazardous
E:\FR\FM\11FER1.SGM
Continued
11FER1
3110
Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Rules and Regulations
17, 2018, the EPA provided notice to
North Dakota of approval of both a
straight delegation of authority to
implement and enforce all federal
NESHAP requirements incorporated
unchanged into state regulations, and
approval of automatic delegation of
authority to implement and enforce
federal NESHAP requirements
incorporated unchanged at a future date
without need for case-by-case approvals.
This notice of approval in the Federal
Register finalizes the EPA’s
determination that the North Dakota
section 112 program as it is to be
administered by the NDDEQ is adequate
for the delegated implementation and
enforcement of federal NESHAP
requirements incorporated unchanged
into NDAC chapters 33.1–15–13 and
33.1–15–22 before this rulemaking
action, as well as adequate for the
receipt of prospective, automatic
delegation of federal NESHAP
requirements incorporated unchanged
into NDAC chapters 33.1–15–13 and
33.1–15–22 in the future.
The EPA’s delegation letter and other
supporting materials for today’s action
may be found in the docket for this final
rule at https://www.regulations.gov. A
current summary of NESHAP
delegations to North Dakota is posted
under the ‘‘Delegations of Authority’’
link at https://www.epa.gov/region8/airprogram. Further delegation updates
will be provided through this web page
on a quarterly basis to notify the public
of current NESHAP delegation status to
the State.
D. Effective Date of Program Approvals
and Delegations of Authority
Based on our conversations with the
State, we determined a specific date for
when the NDDEQ rules and agency
become fully effective under federal
law. All revisions to the State’s title V
operating permit program, section 111
and 112 programs and the State acid
rain program would be federally
enforceable as of the effective date of
EPA’s approval of the respective
revision on March 15, 2019, and
codifications of those regulations, with
the exception of the EPA’s grant of
interim approval to the operating
permits program. The EPA’s
understanding is that the State plans to
rely on the date when the EPA signs the
final notice for purposes of notifying the
State legislature that the EPA has
approved these revisions, which will
provide for the transfer of authority
Air Pollutants for Source Categories; effective
January 1, 2019; and related fee provisions NDAC
§§ 33.1–15–23–01, 33.1–15–23–02, 33.1–15–23–03,
effective January 1, 2019.
VerDate Sep<11>2014
16:03 Feb 08, 2019
Jkt 247001
from NDDH to NDDEQ to be effective
under State law. The EPA also
understands that there are some
programs that will not be required to be
a part of this approval. Thus, prior to
the effective date of this approval, the
EPA understands that the State intends
to take the necessary additional steps as
specified in S.L. 2017, ch. 199, Section
1, to ensure that NDDEQ rules and the
NDDEQ would become federally
enforceable on the effective date of the
EPA’s approval and codification of the
operating permit, NSPS, MACT/
NESHAP and acid rain programs.
Unless and until the NDDEQ rules and
agency become fully effective under
federal law, for purposes of federal law
the EPA recognizes the State’s program
as currently approved under the North
Dakota Department of Health.12
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve:
• A state permit program submittal that
complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C.
7661a(d); 40 CFR 70.1(c), 70.4(i). Thus, in
reviewing permit program submittals, the
EPA’s role is to approve state choices,
provided they meet the criteria of the CAA
and the criteria, standards and procedures
defined in 40 CFR part 70;
• A state acid rain program as a
component of the state operating permit
program submittal that complies with the
provisions of the Act and applicable federal
regulations. 42 U.S.C. 7651g(a), 7661e(b); 40
CFR part 72, subpart G. Thus, in reviewing
state acid rain program submittals, the EPA’s
role is to approve state choices, provided
they meet, and do not alter, the criteria of the
CAA and implement the requirements,
standards and procedures defined in 40 CFR
parts 70 and 72–78;
• A state program for receiving delegated
authority to implement and enforce emission
12 As explained in this rulemaking action’s
corresponding proposed rule, the EPA’s interim
approval of North Dakota’s transfer of its Title V
Program and State Acid Rain Program and the
Agency’s delegation to North Dakota of authority for
NESHAP, MACT and NSPS from the Department of
Health to the Department of Environmental Quality
does not extend to Indian country as defined in 18
U.S.C. 1151. Indian country generally includes (1)
lands within the exterior boundaries of the
following Indian reservations located within North
Dakota: The Fort Berthold Indian Reservation, the
Spirit Lake Reservation, the Standing Rock Sioux
Reservation, and the Turtle Mountain Reservation;
(2) any land held in trust by the United States for
an Indian tribe; and (3) any other areas that are
‘‘Indian country’’ within the meaning of 18 U.S.C.
1151. The EPA, or eligible Indian tribes, as
appropriate, will retain responsibilities under CAA
Sections 501–506, 111, 112, 401–416 for air quality
in Indian country. This footnote and our final
notice include the Acid Rain program and
respective CAA Sections, which were referenced
elsewhere in the proposal and inadvertently not
included in footnote 4 in our proposal (83 FR
54533–54534).
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
limitations for new stationary sources subject
to section 111 if such program complies with
the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7411(c). Thus,
in reviewing section 111 program submittals,
the EPA’s role is to approve state choices,
provided they meet the criteria of the CAA
and implement the requirements, standards
and procedures defined in 40 CFR part 60;
and
• A state program for receiving delegated
authority to implement and enforce emission
standards and other requirements for air
pollutants subject to section 112 if such
program complies with the provisions of the
Act and applicable federal regulations. 42
U.S.C. 7412(l); 40 CFR part 63, subpart E.
Thus, in reviewing section 112 program
submittals, the EPA’s role is to approve state
choices, provided they meet the criteria of
the CAA and the criteria, standards and
procedures defined in 40 CFR parts 61 and
63.
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
Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011);
• Is not an Executive Order 13771 (82 FR
9339, February 2, 2017) regulatory action
because Operating Permits Program
approvals are exempted under Executive
Order 12866;
• 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).
This action does not apply on any
Indian reservation land or in any other
E:\FR\FM\11FER1.SGM
11FER1
3111
Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Rules and Regulations
area where 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 April 12, 2019.
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).)
reference, Intergovernmental relations,
New source performance standards,
Delegation of authority.
40 CFR Part 61
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
National emission standards for
hazardous air pollutants, Delegation of
authority.
40 CFR Part 63
40 CFR Part 60
Environmental protection, Air
pollution control, Incorporation by
Note: For a table listing Region VIII’s NSPS
delegation status, see paragraph (c) of this
section.
*
*
*
*
*
PART 61—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS
3. The authority citation for part 61
continues to read as follows:
■
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
National emission standards for
hazardous air pollutants, Maximum
achievable control technology,
Delegation of authority.
40 CFR Part 70
Environmental protection, Air
pollution control, Intergovernmental
relations, Operating permit program,
State acid rain program, Title V.
Dated: December 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
Title 40 of the CFR is amended as
follows:
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
Authority: 42 U.S.C. 7401, et seq.
Subpart A—General Provisions
4. Section 61.04 is amended by
revising paragraphs (b)(36) and (c)(8) to
read as follows:
■
§ 61.04
Address.
*
*
*
*
*
(b) * * *
(36) State of North Dakota, North
Dakota Department of Environmental
Quality, 918 East Divide Avenue,
Bismarck, ND 58501–1947.
Note: For a table listing Region VIII’s
NESHAP delegation status, see paragraph (c)
of this section.
*
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart A—General Provisions
2. Section 60.4 is amended by revising
paragraph (b)(36) to read as follows:
■
§ 60.4
List of Subjects
Quality, 918 East Divide Avenue,
Bismarck, ND 58501–1947.
Address.
*
*
*
*
*
(b) * * *
(36) State of North Dakota, North
Dakota Department of Environmental
*
*
*
*
(c) * * *
(8) The most current delegation status
table for National Emissions Standards
for Hazardous Air Pollutants for Region
VIII can be found online at https://
www.epa.gov/region8/air-program. The
following is a table indicating the
delegation status of National Emissions
Standards for Hazardous Air Pollutants
in Region VIII. The recodification and
delegation for North Dakota’s August 6,
2018 submittal is effective as of March
15, 2019, as detailed in EPA’s delegation
letter of December 17, 2018.
REGION VIII—DELEGATION STATUS OF NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS 1
Subpart
CO
MT
ND
SD
UT 2
General Provisions .......................................................................................................................
Radon Emissions from Underground Uranium Mines .................................................................
Beryllium ......................................................................................................................................
Beryllium Rocket Motor Firing .....................................................................................................
Mercury ........................................................................................................................................
Vinyl Chloride ...............................................................................................................................
Emissions of Radionuclides other than Radon from Department of Energy Facilities.
Radionuclide Emissions from Facilities Licensed by the Nuclear Regulatory Commission and
Federal Facilities not covered by Subpart H.
J Equipment Leaks (Fugitive Emission Sources) of Benzene ........................................................
K Radionuclide Emissions from Elemental Phosphorus Plants.
L Benzene Emissions from Coke By-Product Recovery Plants .....................................................
M Asbestos ......................................................................................................................................
N Inorganic Arsenic Emissions from Glass Manufacturing Plants .................................................
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
A
B
C
D
E
F
H
I
VerDate Sep<11>2014
16:03 Feb 08, 2019
Jkt 247001
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
E:\FR\FM\11FER1.SGM
11FER1
WY
*
*
*
*
*
*3
3112
Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Rules and Regulations
REGION VIII—DELEGATION STATUS OF NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS 1—
Continued
Subpart
CO
MT
O Inorganic Arsenic Emissions from Primary Copper Smelters .....................................................
P Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities
Q Radon Emissions from Department of Energy Facilities ............................................................
R Radon Emission from Phosphogypsum Stacks ..........................................................................
T Radon Emissions from the Disposal of Uranium Mill Tailings ....................................................
V Equipment Leaks (Fugitive Emission Sources) ...........................................................................
W Radon Emissions from Operating Mill Tailings ..........................................................................
Y Benzene Emissions from Benzene Storage Vessels ..................................................................
BB Benzene Waste Operations ......................................................................................................
FF Benzene Waste Operations .......................................................................................................
ND
SD
UT 2
*
*
*
*
*
*
*
*
WY
*
*
*
*
*
*
*
*
*
*
*Indicates approval of delegation of subpart to state.
1 Specific authorities which may not be delegated include, but are not limited to §§ 61.04(b) and (c), 61.05(c), 61.11, 61.12(d), 61.13(h)(1)(ii),
61.14(d), 61.14(g)(1)(ii), 61.16, 61.112(c), 61.164(a)(2) and (3), 61.172(b)(2)(ii)(B) and (C), 61.174(a)(2) and (3), 61.242–1(c)(2), 61.244, and all
authorities listed as not delegable in each individual subpart delegated to the state.
2 Indicates approval of National Emissions Standards for Hazardous Air Pollutants as part of the State Implementation Plan (SIP) with the exception of the radionuclide NESHAP subparts B, Q, R, T and W which were approved through section 112(l) of the Clean Air Act.
3 Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations, insulating materials, waste disposal
for demolition, renovation, spraying, manufacturing and fabricating operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material.
*
*
*
*
*
PART 70—STATE OPERATING PERMIT
PROGRAMS
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
7. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
5. The authority citation for part 63
continues to read as follows:
8. In appendix A to part 70, the entry
for North Dakota is amended by adding
paragraph (d) to read as follows:
■
■
Authority: 42 U.S.C. 7401, et seq.
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
Subpart E—Approval of State
Programs and Delegation of Federal
Authorities
*
*
Delegated Federal authorities.
*
*
*
*
*
(a) * * *
(35) North Dakota. (i) The North
Dakota Department of Agriculture is
delegated the authority to implement
and enforce the provisions of 40 CFR
part 68 at facilities with an anhydrous
ammonia storage capacity of ten
thousand pounds or more that is
intended to be used as fertilizer or in the
manufacturing of a fertilizer within
North Dakota and that are subject to the
requirements of 40 CFR part 68, in
accordance with the final rule, dated
December 30, 2013.
(ii) The most current delegation status
table for National Emission Standards
for Hazardous Air Pollutants for Source
Categories in Region VIII can be found
online at https://www.epa.gov/region8/
air-program.
*
*
*
*
*
VerDate Sep<11>2014
16:03 Feb 08, 2019
Jkt 247001
*
*
*
*
*
North Dakota
6. Section 63.99 is amended by
revising paragraph (a)(35) to read as
follows:
■
§ 63.99
*
*
*
(d) The State of North Dakota submitted on
August 6, 2018, operating permit program
revisions in a submittal package titled, ‘‘Title
V Permit to Operate MACT, NESHAPs and
NSPS Programs for Department of
Environmental Quality Division of Air
Quality.’’ This submittal package included a
request from the North Dakota governor to
transfer authority to implement and enforce
the operating permit program from the North
Dakota Department of Health to the North
Dakota Department of Environmental
Quality. The recodified North Dakota title V
operating permits program is codified in N.D.
Admin. Code sections 33.1–15–14–06, 33.1–
15–23–04, and 33.1–15–21. North Dakota
subsequently submitted on August 16, 2018
the, ‘‘Attorney General’s Opinion Operating
Permits Program,’’ supplemented on
December 12, 2018, with an ‘‘Addendum to
August 16, 2018 Attorney General’s Opinion
Operating Permits Program,’’ stating that the
laws of the State provide adequate legal
authority to carry out all aspects of the
program; interim approval effective on March
15, 2019; interim approval expires on March
19, 2020.
*
*
*
*
*
[FR Doc. 2019–00718 Filed 2–8–19; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
DEPARTMENT OF DEFENSE
Department of the Navy
48 CFR Part 5215
[Docket ID: USN–2018–DARS–0021]
RIN 0703–AB13
Contracting by Negotiation
Department of the Navy, DoD.
Final rule.
AGENCY:
ACTION:
This final rule removes the
Department of the Navy (DON)
regulation regarding contract by
negotiation. This rule contains DON
supplemental guidance to the Federal
Acquisition Regulation (FAR) and
Defense Federal Acquisition Regulation
Supplement (DFARS) which has been
superseded by existing FAR and DFARS
guidance. The rule is no longer used or
valid and should be removed.
DATES: This rule is effective on February
11, 2019.
FOR FURTHER INFORMATION CONTACT:
Denise Randolph, 703–614–9767,
Denise.Randolph@navy.mil.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since it is
removing obsolete information. The
content is duplicative of FAR Part 15
and DFARS Part 215. The clause
referred to in 5215.407 has been
subsumed into the instructions at FAR
15.403–5. This rule removes the
superseded regulations which are
obsolete.
This rule is not significant under
Executive Order (E.O.) 12866,
SUMMARY:
E:\FR\FM\11FER1.SGM
11FER1
]]>Agencies
[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Rules and Regulations]
[Pages 3108-3112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00718]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60, 61, 63, and 70
[EPA-R08-OAR-2018-0299; FRL-9988-39--Region 8]
Approval of Recodification and Revisions to State Air Pollution
Control Rules; North Dakota; Interim Approval of Title V Program
Recodification and Revisions; Approval of Recodification and Revisions
to State Programs and Delegation of Authority To Implement and Enforce
Clean Air Act Sections 111 and 112 Standards and Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or the ``Agency'') is
finalizing interim approval of revisions to the North Dakota operating
permit program for stationary sources subject to title V of the Clean
Air Act (CAA or the ``Act'') and recodification of the State's title V
program under a new title of the North Dakota Administrative Code
(NDAC). The EPA is also approving North Dakota's revision and
recodification of North Dakota's programs for implementing and
enforcing delegated requirements under CAA sections 111 and 112, and
for carrying out a State Acid Rain Program under sections 401-406 of
the Act as a portion of the operating permits program.
DATES: This rule is effective on March 15, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2018-0299. All documents in the docket are
listed on the https://www.regulations.gov website. 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: Gregory Lohrke, Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6396, lohrke.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
This action also informs the public that on December 17, 2018, the
EPA authorized delegation to implement and enforce CAA section 111 New
Source Performance Standards (NSPS) \1\ and section 112 National
Emission Standards for Hazardous Air Pollutants (NESHAP), including
Maximum Achievable Control Technology (MACT) \2\ requirements within
the State, excluding Indian country, exactly as the requirements were
promulgated by the EPA (i.e., ``straight delegation''). In authorizing
the delegation of these authorities, the EPA's letters also grant North
Dakota eligibility for future ``automatic delegation'' of incorporated,
unchanged federal requirements, without the need to request Agency
approval, on a case-by-case basis. These approvals effect the transfer
of North Dakota's title V program administration, including
administration of the state acid rain program, and delegated authority
to implement and enforce CAA sections 111 and 112 requirements from the
North Dakota Department of Health (NDDH) to the newly created North
Dakota Department of Environmental Quality (NDDEQ or the
``Department''). The EPA is finalizing these actions in accordance with
sections 501-506, 111, 112, 401-416 of the Act.
---------------------------------------------------------------------------
\1\ Monica Morales, Director, EPA Region 8 Air Program to Terry
O'Clair, Director, Division of Air Quality, North Dakota Department
of Health. ``Automatic Delegation of Clean Air Act Section 111
Authorities and Responsibilities'' December 17, 2018.
\2\ Monica Morales, Director, EPA Region 8 Air Program to Terry
O'Clair, Director, Division of Air Quality, North Dakota Department
of Health. ``Automatic Delegation of Clean Air Act Section 112
Responsibilities'' December 17, 2018.
---------------------------------------------------------------------------
I. Background
The background for this action is discussed in detail in our
October 30, 2018 notice of proposed rulemaking (83 FR 54532). In that
document we proposed to approve recodification and revisions to the
North Dakota title V operating permits program on an interim basis.\3\
The proposed interim
[[Page 3109]]
approval of North Dakota's operating permit program included, as a
portion, acceptance of the State's recodification of regulations
enabling the implementation of a State acid rain program under title IV
of the Act. In that same notice, we also proposed approval of North
Dakota's revised and recodified programs for the implementation and
enforcement of CAA section 111 and 112 standards and further proposed a
straight delegation of authority to the State of North Dakota to
administer certain standards under sections 111 (NSPS requirements) and
112 (NESHAP requirements) as they are incorporated unchanged from the
Code of Federal Regulations (CFR) into the State's administrative code.
The notice of proposed rulemaking offered the public the opportunity to
comment on these proposed program approvals and delegations of
authority and the transfer of program authorities to NDDEQ.
---------------------------------------------------------------------------
\3\ For reference here and throughout today's notice concerning
the renumbering and recodification of NDCC and NDAC provisions
relevant to the transfer of CAA authorities to the NDDEQ, see the
document, ``Crosswalk on Recodifications of Relevant NDCC and NDAC
Sections,'' available in the docket for today's notice. For purposes
of cross-referencing a recodified provision of the NDAC air
pollution control rules with its previous version, we note that the
recodification followed a consistent scheme: All rules previously
codified as 33-15-xx-xx are now codified as 33.1-15-xx-xx. For
example: All Title V Permit to Operate provisions previously
codified under NDAC section 33-15-14-06 are now codified at
corresponding subsections of NDAC section 33.1-15-14-06.
---------------------------------------------------------------------------
We received no comments on our proposed rulemaking action;
therefore, we are finalizing all rulemaking actions, including
previously unapproved amendments to North Dakota's title V rules as
they were described in our proposed rulemaking document.\4\
---------------------------------------------------------------------------
\4\ Our final approval includes previously unapproved amendments
to North Dakota's title V permit program rules, as discussed in our
proposal, 83 FR 54535; See also docket item, ``Post 1999 Amendments
to ND Title V Program,'' for details of the amendments the EPA is
approving with this action.
---------------------------------------------------------------------------
II. Final Action
A. Interim Approval of the North Dakota Title V Program
The EPA is granting interim approval of the North Dakota operating
permit program under 40 CFR 70.4(d) and CAA section 502(g).
Additionally, as the State implements a title IV acid rain program
through issuance and enforcement of title V operating permits, the EPA
is also granting final approval of the transfer and recodification of
North Dakota's acid rain program from the NDDH to the NDDEQ.\5\ The EPA
is granting interim approval of the operating permit program as the
program is revised and recodified in NDAC article 33.1-15 and as it had
been submitted by the State, reviewed and proposed for approval in our
previous rulemaking document.\6\ The EPA is granting interim approval
because, although North Dakota's operating permit program meets minimum
title V requirements and otherwise meets 40 CFR part 70 requirements
for an operating permit program, as explained in the Attorney General's
Opinion,\7\ the State's rules do not provide the full legal authority
necessary for judicial review. This issue was explained in detail in
our proposed rulemaking document and must be remedied before the EPA
may grant final full approval of North Dakota's revised and recodified
title V program (40 CFR 70.4(e)(3)). Specifically, the State's
forthcoming rules must provide that if the final permit action being
challenged is the Department's failure to take final action, a petition
for judicial review may be filed at any time before the Department
denies the permit or issues the final permit; and that where petitions
for judicial review are based solely on grounds arising after the 30-
day deadline for judicial review, such petitions may be filed no later
than 30 days after the new grounds for review arise. Upon notice of
remedy of this issue from the State, receipt of effective State rules
and an amended Attorney General's Opinion certifying complete legal
authority to grant judicial review as required by 40 CFR 70.4(b)(3)(x)-
(xii), the EPA intends to propose full approval of North Dakota's
operating permit program. Interim program approval will expire on March
19, 2020 and the State is required to ``submit to the EPA changes to
the program addressing the deficiencies specified in the interim
approval no later than 6 months prior to the expiration of the interim
approval.'' \8\
---------------------------------------------------------------------------
\5\ The State's Acid Rain rules (NDAC 33.1-15-21) with an
effective date of January 1, 2019, were submitted via email from Tom
Bachman, North Dakota Department of Health, to Gregory Lohrke, EPA
Region 8 Air Program on December 10, 2018.
\6\ 83 FR 54534-54537; Our approval also considers the following
supplemental documents submitted by the State of North Dakota after
our proposal: ``Addendum to August 16, 2018 Attorney General's
Opinion Operating Permits Program.'' December 12, 2018; ``Supplement
to the Attorney General Statements Relating to Programs Being
Transferred to the North Dakota Department of Environmental
Quality.'' October 23, 2018; and NDAC 33.1-15-14-06, ``Title V
Permit to Operate,'' and 33.1-15-23-04, ``Major Source Permit to
Operate Fees.'' Both effective on January 1, 2019. Submitted via
electronic correspondence by Tom Bachman, North Dakota Department of
Health to Gregory Lohrke, EPA Region 8 Air Program. December 10,
2018.
\7\ ``Attorney General's Opinion Operating Permits Program.''
August 16, 2018.
\8\ 40 CFR 70.4(f)(1).
---------------------------------------------------------------------------
For further details and background regarding the interim approval
of North Dakota's revised operating permits program and the transfer of
state operating permits program implementation and enforcement
authority to the NDDEQ, please reference the proposed rulemaking
document associated with this action.\9\
---------------------------------------------------------------------------
\9\ 83 FR 54534-54537.
---------------------------------------------------------------------------
B. NSPS Program Approval and Delegations
The EPA has determined that the revisions to the North Dakota CAA
section 111 program are adequate and effective for implementation and
enforcement of NSPS requirements and is approving the recodification of
the State's program and incorporated federal NSPS requirements under a
new title and chapter of the NDAC.\10\ On December 17, 2018, the EPA
provided notice to North Dakota of approval of both a straight
delegation of authority to implement and enforce all federal NSPS
requirements incorporated unchanged into state regulations, and
approval of automatic delegation of authority to implement and enforce
federal NSPS requirements incorporated unchanged at a future date
without need for case-by-case approvals. This notice of approval in the
Federal Register finalizes the EPA's determination that the North
Dakota section 111 program as it is to be administered by the NDDEQ is
adequate for the delegated implementation and enforcement of federal
NSPS requirements incorporated unchanged into NDAC 33.1-15-12 before
this rulemaking action, as well as adequate for the prospective,
automatic delegation of federal NSPS requirements incorporated
unchanged into that NDAC chapter in the future.
---------------------------------------------------------------------------
\10\ NDAC chapter 33.1-15-12, Standards of Performance for New
Stationary Sources; and related fee provisions NDAC Sec. Sec. 33.1-
15-23-01, 33.1-15-23-02, 33.1-15-23-03, effective January 1, 2019.
---------------------------------------------------------------------------
The EPA's delegation letter and other supporting materials for
today's action may be found in the docket for this final rule at https://www.regulations.gov. A current summary of NSPS delegations to North
Dakota is posted under the ``Delegations of Authority'' link at https://www.epa.gov/region8/air-program. Further delegation updates will be
provided through this web page on a quarterly basis to notify the
public of the current NSPS delegation status to the State.
C. NESHAP Program Approval and Delegations
The EPA has determined that the revisions to the North Dakota
section 112 program are adequate and effective for implementation and
enforcement of NESHAP requirements and is approving the recodification
of the State's program and incorporated federal NESHAP requirements
under a new title and chapter of the NDAC.\11\ On December
[[Page 3110]]
17, 2018, the EPA provided notice to North Dakota of approval of both a
straight delegation of authority to implement and enforce all federal
NESHAP requirements incorporated unchanged into state regulations, and
approval of automatic delegation of authority to implement and enforce
federal NESHAP requirements incorporated unchanged at a future date
without need for case-by-case approvals. This notice of approval in the
Federal Register finalizes the EPA's determination that the North
Dakota section 112 program as it is to be administered by the NDDEQ is
adequate for the delegated implementation and enforcement of federal
NESHAP requirements incorporated unchanged into NDAC chapters 33.1-15-
13 and 33.1-15-22 before this rulemaking action, as well as adequate
for the receipt of prospective, automatic delegation of federal NESHAP
requirements incorporated unchanged into NDAC chapters 33.1-15-13 and
33.1-15-22 in the future.
---------------------------------------------------------------------------
\11\ NDAC chapters 33.1-15-13, National Emission Standards for
Hazardous Air Pollutants and 33.1-15-22, National Emission Standards
for Hazardous Air Pollutants for Source Categories; effective
January 1, 2019; and related fee provisions NDAC Sec. Sec. 33.1-15-
23-01, 33.1-15-23-02, 33.1-15-23-03, effective January 1, 2019.
---------------------------------------------------------------------------
The EPA's delegation letter and other supporting materials for
today's action may be found in the docket for this final rule at https://www.regulations.gov. A current summary of NESHAP delegations to North
Dakota is posted under the ``Delegations of Authority'' link at https://www.epa.gov/region8/air-program. Further delegation updates will be
provided through this web page on a quarterly basis to notify the
public of current NESHAP delegation status to the State.
D. Effective Date of Program Approvals and Delegations of Authority
Based on our conversations with the State, we determined a specific
date for when the NDDEQ rules and agency become fully effective under
federal law. All revisions to the State's title V operating permit
program, section 111 and 112 programs and the State acid rain program
would be federally enforceable as of the effective date of EPA's
approval of the respective revision on March 15, 2019, and
codifications of those regulations, with the exception of the EPA's
grant of interim approval to the operating permits program. The EPA's
understanding is that the State plans to rely on the date when the EPA
signs the final notice for purposes of notifying the State legislature
that the EPA has approved these revisions, which will provide for the
transfer of authority from NDDH to NDDEQ to be effective under State
law. The EPA also understands that there are some programs that will
not be required to be a part of this approval. Thus, prior to the
effective date of this approval, the EPA understands that the State
intends to take the necessary additional steps as specified in S.L.
2017, ch. 199, Section 1, to ensure that NDDEQ rules and the NDDEQ
would become federally enforceable on the effective date of the EPA's
approval and codification of the operating permit, NSPS, MACT/NESHAP
and acid rain programs. Unless and until the NDDEQ rules and agency
become fully effective under federal law, for purposes of federal law
the EPA recognizes the State's program as currently approved under the
North Dakota Department of Health.\12\
---------------------------------------------------------------------------
\12\ As explained in this rulemaking action's corresponding
proposed rule, the EPA's interim approval of North Dakota's transfer
of its Title V Program and State Acid Rain Program and the Agency's
delegation to North Dakota of authority for NESHAP, MACT and NSPS
from the Department of Health to the Department of Environmental
Quality does not extend to Indian country as defined in 18 U.S.C.
1151. Indian country generally includes (1) lands within the
exterior boundaries of the following Indian reservations located
within North Dakota: The Fort Berthold Indian Reservation, the
Spirit Lake Reservation, the Standing Rock Sioux Reservation, and
the Turtle Mountain Reservation; (2) any land held in trust by the
United States for an Indian tribe; and (3) any other areas that are
``Indian country'' within the meaning of 18 U.S.C. 1151. The EPA, or
eligible Indian tribes, as appropriate, will retain responsibilities
under CAA Sections 501-506, 111, 112, 401-416 for air quality in
Indian country. This footnote and our final notice include the Acid
Rain program and respective CAA Sections, which were referenced
elsewhere in the proposal and inadvertently not included in footnote
4 in our proposal (83 FR 54533-54534).
---------------------------------------------------------------------------
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve:
A state permit program submittal that complies with the
provisions of the Act and applicable federal regulations. 42 U.S.C.
7661a(d); 40 CFR 70.1(c), 70.4(i). Thus, in reviewing permit program
submittals, the EPA's role is to approve state choices, provided
they meet the criteria of the CAA and the criteria, standards and
procedures defined in 40 CFR part 70;
A state acid rain program as a component of the state
operating permit program submittal that complies with the provisions
of the Act and applicable federal regulations. 42 U.S.C. 7651g(a),
7661e(b); 40 CFR part 72, subpart G. Thus, in reviewing state acid
rain program submittals, the EPA's role is to approve state choices,
provided they meet, and do not alter, the criteria of the CAA and
implement the requirements, standards and procedures defined in 40
CFR parts 70 and 72-78;
A state program for receiving delegated authority to
implement and enforce emission limitations for new stationary
sources subject to section 111 if such program complies with the
provisions of the Act and applicable federal regulations. 42 U.S.C.
7411(c). Thus, in reviewing section 111 program submittals, the
EPA's role is to approve state choices, provided they meet the
criteria of the CAA and implement the requirements, standards and
procedures defined in 40 CFR part 60; and
A state program for receiving delegated authority to
implement and enforce emission standards and other requirements for
air pollutants subject to section 112 if such program complies with
the provisions of the Act and applicable federal regulations. 42
U.S.C. 7412(l); 40 CFR part 63, subpart E. Thus, in reviewing
section 112 program submittals, the EPA's role is to approve state
choices, provided they meet the criteria of the CAA and the
criteria, standards and procedures defined in 40 CFR parts 61 and
63.
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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January
21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February
2, 2017) regulatory action because Operating Permits Program
approvals are exempted under Executive Order 12866;
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).
This action does not apply on any Indian reservation land or in any
other
[[Page 3111]]
area where 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 April 12, 2019. 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
40 CFR Part 60
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, New source performance
standards, Delegation of authority.
40 CFR Part 61
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, National emission standards for
hazardous air pollutants, Delegation of authority.
40 CFR Part 63
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, National emission standards for
hazardous air pollutants, Maximum achievable control technology,
Delegation of authority.
40 CFR Part 70
Environmental protection, Air pollution control, Intergovernmental
relations, Operating permit program, State acid rain program, Title V.
Dated: December 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
Title 40 of the CFR is amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A--General Provisions
0
2. Section 60.4 is amended by revising paragraph (b)(36) to read as
follows:
Sec. 60.4 Address.
* * * * *
(b) * * *
(36) State of North Dakota, North Dakota Department of
Environmental Quality, 918 East Divide Avenue, Bismarck, ND 58501-1947.
Note: For a table listing Region VIII's NSPS delegation status,
see paragraph (c) of this section.
* * * * *
PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
0
3. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A--General Provisions
0
4. Section 61.04 is amended by revising paragraphs (b)(36) and (c)(8)
to read as follows:
Sec. 61.04 Address.
* * * * *
(b) * * *
(36) State of North Dakota, North Dakota Department of
Environmental Quality, 918 East Divide Avenue, Bismarck, ND 58501-1947.
Note: For a table listing Region VIII's NESHAP delegation
status, see paragraph (c) of this section.
* * * * *
(c) * * *
(8) The most current delegation status table for National Emissions
Standards for Hazardous Air Pollutants for Region VIII can be found
online at https://www.epa.gov/region8/air-program. The following is a
table indicating the delegation status of National Emissions Standards
for Hazardous Air Pollutants in Region VIII. The recodification and
delegation for North Dakota's August 6, 2018 submittal is effective as
of March 15, 2019, as detailed in EPA's delegation letter of December
17, 2018.
Region VIII--Delegation Status of National Emissions Standards for Hazardous Air Pollutants \1\
----------------------------------------------------------------------------------------------------------------
Subpart CO MT ND SD UT \2\ WY
----------------------------------------------------------------------------------------------------------------
A General Provisions.............. * * * * * ...........
B Radon Emissions from Underground ........... ........... ........... ........... * ...........
Uranium Mines.
C Beryllium....................... * * ........... ........... * ...........
D Beryllium Rocket Motor Firing... * * ........... ........... * ...........
E Mercury......................... * * ........... ........... * ...........
F Vinyl Chloride.................. * * ........... ........... * ...........
H Emissions of Radionuclides other ........... ........... ........... ........... ........... ...........
than Radon from Department of
Energy Facilities.
I Radionuclide Emissions from ........... ........... ........... ........... ........... ...........
Facilities Licensed by the
Nuclear Regulatory Commission and
Federal Facilities not covered by
Subpart H.
J Equipment Leaks (Fugitive * * * ........... * ...........
Emission Sources) of Benzene.
K Radionuclide Emissions from ........... ........... ........... ........... ........... ...........
Elemental Phosphorus Plants.
L Benzene Emissions from Coke By- ........... * ........... ........... * ...........
Product Recovery Plants.
M Asbestos........................ * * * * * * \3\
N Inorganic Arsenic Emissions from ........... * ........... ........... * ...........
Glass Manufacturing Plants.
[[Page 3112]]
O Inorganic Arsenic Emissions from ........... * ........... ........... * ...........
Primary Copper Smelters.
P Inorganic Arsenic Emissions from ........... * ........... ........... * ...........
Arsenic Trioxide and Metallic
Arsenic Production Facilities.
Q Radon Emissions from Department ........... ........... ........... ........... * ...........
of Energy Facilities.
R Radon Emission from ........... ........... ........... ........... * ...........
Phosphogypsum Stacks.
T Radon Emissions from the ........... ........... ........... ........... * ...........
Disposal of Uranium Mill Tailings.
V Equipment Leaks (Fugitive ........... * * ........... * ...........
Emission Sources).
W Radon Emissions from Operating ........... ........... ........... ........... * ...........
Mill Tailings.
Y Benzene Emissions from Benzene ........... * ........... ........... * ...........
Storage Vessels.
BB Benzene Waste Operations....... ........... * ........... ........... * ...........
FF Benzene Waste Operations....... ........... * * ........... * ...........
----------------------------------------------------------------------------------------------------------------
*Indicates approval of delegation of subpart to state.
\1\ Specific authorities which may not be delegated include, but are not limited to Sec. Sec. 61.04(b) and
(c), 61.05(c), 61.11, 61.12(d), 61.13(h)(1)(ii), 61.14(d), 61.14(g)(1)(ii), 61.16, 61.112(c), 61.164(a)(2) and
(3), 61.172(b)(2)(ii)(B) and (C), 61.174(a)(2) and (3), 61.242-1(c)(2), 61.244, and all authorities listed as
not delegable in each individual subpart delegated to the state.
\2\ Indicates approval of National Emissions Standards for Hazardous Air Pollutants as part of the State
Implementation Plan (SIP) with the exception of the radionuclide NESHAP subparts B, Q, R, T and W which were
approved through section 112(l) of the Clean Air Act.
\3\ Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations,
insulating materials, waste disposal for demolition, renovation, spraying, manufacturing and fabricating
operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that
convert asbestos-containing waste material into nonasbestos (asbestos-free) material.
* * * * *
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
5. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
0
6. Section 63.99 is amended by revising paragraph (a)(35) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
* * * * *
(a) * * *
(35) North Dakota. (i) The North Dakota Department of Agriculture
is delegated the authority to implement and enforce the provisions of
40 CFR part 68 at facilities with an anhydrous ammonia storage capacity
of ten thousand pounds or more that is intended to be used as
fertilizer or in the manufacturing of a fertilizer within North Dakota
and that are subject to the requirements of 40 CFR part 68, in
accordance with the final rule, dated December 30, 2013.
(ii) The most current delegation status table for National Emission
Standards for Hazardous Air Pollutants for Source Categories in Region
VIII can be found online at https://www.epa.gov/region8/air-program.
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
7. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
8. In appendix A to part 70, the entry for North Dakota is amended by
adding paragraph (d) to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
North Dakota
* * * * *
(d) The State of North Dakota submitted on August 6, 2018,
operating permit program revisions in a submittal package titled,
``Title V Permit to Operate MACT, NESHAPs and NSPS Programs for
Department of Environmental Quality Division of Air Quality.'' This
submittal package included a request from the North Dakota governor
to transfer authority to implement and enforce the operating permit
program from the North Dakota Department of Health to the North
Dakota Department of Environmental Quality. The recodified North
Dakota title V operating permits program is codified in N.D. Admin.
Code sections 33.1-15-14-06, 33.1-15-23-04, and 33.1-15-21. North
Dakota subsequently submitted on August 16, 2018 the, ``Attorney
General's Opinion Operating Permits Program,'' supplemented on
December 12, 2018, with an ``Addendum to August 16, 2018 Attorney
General's Opinion Operating Permits Program,'' stating that the laws
of the State provide adequate legal authority to carry out all
aspects of the program; interim approval effective on March 15,
2019; interim approval expires on March 19, 2020.
* * * * *
[FR Doc. 2019-00718 Filed 2-8-19; 8:45 am]
BILLING CODE 6560-50-P
