Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Revisions to Permitting Rules, 38079-38081 [2020-12059]
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Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Rules and Regulations
review by OMB under section 3(f)(1) of
Executive Order 12866.
Under Executive Order 13771, for
each new regulation that the
Department proposes for notice and
comment or otherwise promulgates that
is a significant regulatory action under
Executive Order 12866 and that imposes
total costs greater than zero, it must
identify two deregulatory actions. For
FY 2020, any new incremental costs
associated with a new regulation must
be fully offset by the elimination of
existing costs through deregulatory
actions. Because this final rule is not a
significant regulatory action, the
requirements of Executive Order 13771
do not apply. Pursuant to the
Congressional Review Act (5 U.S.C. 801
et seq.), the Office of Information and
Regulatory Affairs designated this rule
as not a ‘‘major rule,’’ as defined by 5
U.S.C. 804(2).
We have also reviewed these
regulations under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
on a reasoned determination that their
benefits justify their costs (recognizing
that some benefits and costs are difficult
to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other
things, and to the extent practicable—
the costs of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
VerDate Sep<11>2014
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changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing this final regulation
only on a reasoned determination that
its benefits justify its costs. In choosing
among alternative regulatory
approaches, we selected those
approaches that maximize net benefits.
Based on the analysis that follows, the
Department believes that this final
regulation is consistent with the
principles in Executive Order 13563.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
In accordance with the Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. This extension of the
regulatory deadline for participants to
find and keep qualifying employment is
not expected to have any costs because
it merely allows additional time for
those participants to submit their
evidence of employment in light of the
extraordinary circumstances related to
the COVID–19 pandemic. There is no
additional burden on our stakeholders
but rather a benefit, and the additional
burden on the Department, if any, is
minor.
Regulatory Flexibility Act Certification
The Regulatory Flexibility Act does
not apply to this rulemaking because
there is good cause to waive notice and
comment under 5 U.S.C. 553.
Paperwork Reduction Act of 1995
The final regulations do not create
any new information collection
requirements.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF, you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
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38079
List of Subjects in 34 CFR Part 263
Business and industry, College and
universities, Elementary and secondary
education, Grant programs—education,
Grant programs—Indians, Indians—
education, Reporting and recordkeeping
requirements, Scholarships and
fellowships.
Betsy DeVos,
Secretary of Education.
For the reasons discussed in the
preamble, the Secretary amends title 34
of the Code of Federal Regulations as
follows:
PART 263—INDIAN EDUCATION
DISCRETIONARY GRANT PROGRAMS
1. The authority citation for part 263
continues to read as follows:
■
Authority: 20 U.S.C. 7441, unless
otherwise noted.
2. Section 263.8 is amended by adding
a new paragraph (c)(5) to read as
follows:
■
§ 263.8 What are the payback
requirements?
*
*
*
*
*
(c) * * *
(5) Notwithstanding paragraph (c)(1)
of this section, participants who exit or
complete a grant-funded training
program in Federal fiscal year 2020
(October 1, 2019–September 30, 2020)
who do not submit employment
verification within 24 months of
program exit or completion, and
participants with qualifying
employment during Federal fiscal year
2020 who do not submit employment
verification for a 24-month period, will
automatically be referred for a cash
payback unless the participant qualifies
for a deferral as described in § 263.9.
*
*
*
*
*
[FR Doc. 2020–13286 Filed 6–24–20; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0689; FRL–10010–
33–Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; North
Dakota; Revisions to Permitting Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In accordance with section
110 of the Clean Air Act (CAA), the
SUMMARY:
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Environmental Protection Agency (EPA)
is taking final action to approve State
Implementation Plan (SIP) revisions
submitted by North Dakota on May 2,
2019. The revisions contain
amendments to the State’s Ambient Air
Quality Standards, Permit to Construct,
and Prevention of Significant
Deterioration (PSD) regulations.
DATES: This rule is effective on July 27,
2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0689. 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., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available 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:
Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6227, leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The EPA is taking final action to
approve all SIP revisions submitted by
the State of North Dakota on May 2,
2019, with the exception of several
revisions that we are acting on in a
separate action or are taking no action
on, as outlined in section II of our
proposed rulemaking published on
March 20, 2020.1 The SIP revisions that
we are acting on contain amendments to
N.D. Admin. Code Chapter 33.1–15–15
(Prevention of Significant Deterioration
of Air Quality) and N.D. Admin. Code
Chapter 33.1–15–14 (Designated Air
Contaminant Sources, Permit to
Construct, Minor Source Operating
Permit, Title V Operating Permit). The
amendments address changes to the
State’s Ambient Air Quality Standard
for ozone and update the State’s PSD
rules and permit-to-construct rules.
Our March 20, 2020 rulemaking
contains a detailed summary of the SIP
1 Proposed rule, Approval and Promulgation of
Air Quality Implementation Plans; North Dakota;
Revisions to Permitting Rules, 85 FR 16027.
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revisions in question and an
explanation of the bases for our
proposed approval.2 We invited
comment on all aspects of our proposal,
and provided a 30-day comment period,
which ended on April 20, 2020.
II. Response to Comments
We received no comments during the
public comment period.
III. Final Action
As outlined in our proposed
rulemaking, the EPA is taking final
action to approve the addition of new
and revised rules to 33.1–15–15 and
33.1–15–14 as submitted on May 2,
2019.
Specifically, we are taking final action
to approve the following revisions:
Revisions to Chapter 33.1–15–15
(Prevention of Significant
Deterioration)—33.1–15–15–01.2.;
Revisions to Chapter 33.1–15–14
(Designated Air Contaminant Sources,
Permit to Construct, Minor Source
Permit to Operate, Title V Permit to
Operate)—33.1–15–14–02.
IV. Incorporation by Reference
In this document, 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 the State
of North Dakota’s revisions to its SIP as
described in section III of this preamble.
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and 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 in the next
update to the SIP compilation.3
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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);
2 See
85 FR at 16027–16029.
Notice of Administrative Change, Approval
and Promulgation of Air Quality Implementation
Plans; Revised Format of 40 CFR part 52 for
Materials Being Incorporated by Reference, 62 FR
27968 (May 22, 1997).
3 See
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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 Clean Air
Act. 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 SIP 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, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other 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).
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Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Rules and Regulations
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 24, 2020.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
Rule No.
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 29, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
State
effective
date
Rule title
*
*
*
EPA
effective
date
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, amend paragraph (c)
by:
■ a. Revising, under the center heading
‘‘33.1–15–14. Designated Air
Contaminant Sources Permit to
Construct Minor Source Permit to
Operate Title V Permit to Operate,’’ the
table entry for: 33.1–15–14–02. Permit
to construct;
■ b. Revising, under the center heading
‘‘33.1–15–15. Prevention of Significant
Deterioration of Air Quality,’’ the table
entry for 33.1–15–15–01.2. Scope.
The revisions read as follows:
■
§ 52.1820
*
Identification of plan.
*
*
(c) * * *
*
*
Final rule citation/date
*
*
*
Comments
*
33.1–15–14. Designated Air Contaminant Sources Permit to Construct Minor Source Permit to Operate Title V Permit to Operate
*
33.1–15–14–02
*
*
Permit to Construct .........................
*
*
*
7/1/16
*
7/27/20
*
*
[Insert Federal Register citation],
6/25/20.
*
*
*
*
*
33.1–15–15. Prevention of Significant Deterioration of Air Quality
*
33.1–15–15–
01.2.
*
*
Scope ..............................................
*
*
*
*
*
*
*
7/1/16
*
*
[FR Doc. 2020–12059 Filed 6–24–20; 8:45 am]
7/27/20
*
*
[Insert Federal Register citation],
6/25/20.
*
*
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 52
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[EPA–R09–OAR–2018–0146; FRL–10009–
22–Region 9]
Approval of Air Quality Implementation
Plans; California; Ventura County;
8-Hour Ozone Nonattainment Area
Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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*
*
*
The Environmental Protection
Agency (EPA) is taking final action to
conditionally approve portions of two
state implementation plan (SIP)
submissions from the State of California
to meet Clean Air Act (CAA or ‘‘the
Act’’) requirements for the 2008 8-hour
ozone national ambient air quality
standards (NAAQS or ‘‘standards’’) in
the Ventura County, California
(‘‘Ventura County’’) ozone
nonattainment area. The two SIP
submissions include the ‘‘Final 2016
Ventura County Air Quality
Management Plan,’’ and the Ventura
County portion of the ‘‘2018 Updates to
SUMMARY:
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Agencies
[Federal Register Volume 85, Number 123 (Thursday, June 25, 2020)]
[Rules and Regulations]
[Pages 38079-38081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12059]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0689; FRL-10010-33-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
North Dakota; Revisions to Permitting Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 110 of the Clean Air Act (CAA), the
[[Page 38080]]
Environmental Protection Agency (EPA) is taking final action to approve
State Implementation Plan (SIP) revisions submitted by North Dakota on
May 2, 2019. The revisions contain amendments to the State's Ambient
Air Quality Standards, Permit to Construct, and Prevention of
Significant Deterioration (PSD) regulations.
DATES: This rule is effective on July 27, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0689. 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.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available 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: Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6227, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The EPA is taking final action to approve all SIP revisions
submitted by the State of North Dakota on May 2, 2019, with the
exception of several revisions that we are acting on in a separate
action or are taking no action on, as outlined in section II of our
proposed rulemaking published on March 20, 2020.\1\ The SIP revisions
that we are acting on contain amendments to N.D. Admin. Code Chapter
33.1-15-15 (Prevention of Significant Deterioration of Air Quality) and
N.D. Admin. Code Chapter 33.1-15-14 (Designated Air Contaminant
Sources, Permit to Construct, Minor Source Operating Permit, Title V
Operating Permit). The amendments address changes to the State's
Ambient Air Quality Standard for ozone and update the State's PSD rules
and permit-to-construct rules.
---------------------------------------------------------------------------
\1\ Proposed rule, Approval and Promulgation of Air Quality
Implementation Plans; North Dakota; Revisions to Permitting Rules,
85 FR 16027.
---------------------------------------------------------------------------
Our March 20, 2020 rulemaking contains a detailed summary of the
SIP revisions in question and an explanation of the bases for our
proposed approval.\2\ We invited comment on all aspects of our
proposal, and provided a 30-day comment period, which ended on April
20, 2020.
---------------------------------------------------------------------------
\2\ See 85 FR at 16027-16029.
---------------------------------------------------------------------------
II. Response to Comments
We received no comments during the public comment period.
III. Final Action
As outlined in our proposed rulemaking, the EPA is taking final
action to approve the addition of new and revised rules to 33.1-15-15
and 33.1-15-14 as submitted on May 2, 2019.
Specifically, we are taking final action to approve the following
revisions: Revisions to Chapter 33.1-15-15 (Prevention of Significant
Deterioration)--33.1-15-15-01.2.; Revisions to Chapter 33.1-15-14
(Designated Air Contaminant Sources, Permit to Construct, Minor Source
Permit to Operate, Title V Permit to Operate)--33.1-15-14-02.
IV. Incorporation by Reference
In this document, 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 the
State of North Dakota's revisions to its SIP as described in section
III of this preamble. The EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and 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 in the next
update to the SIP compilation.\3\
---------------------------------------------------------------------------
\3\ See Notice of Administrative Change, Approval and
Promulgation of Air Quality Implementation Plans; Revised Format of
40 CFR part 52 for Materials Being Incorporated by Reference, 62 FR
27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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 SIP 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, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other 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).
[[Page 38081]]
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 24, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 29, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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, amend paragraph (c) by:
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a. Revising, under the center heading ``33.1-15-14. Designated Air
Contaminant Sources Permit to Construct Minor Source Permit to Operate
Title V Permit to Operate,'' the table entry for: 33.1-15-14-02. Permit
to construct;
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b. Revising, under the center heading ``33.1-15-15. Prevention of
Significant Deterioration of Air Quality,'' the table entry for 33.1-
15-15-01.2. Scope.
The revisions read as follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State
Rule No. Rule title effective EPA effective Final rule Comments
date date citation/date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33.1-15-14. Designated Air Contaminant Sources Permit to Construct Minor Source Permit to Operate Title V Permit
to Operate
----------------------------------------------------------------------------------------------------------------
* * * * * * *
33.1-15-14-02......... Permit to 7/1/16 7/27/20 [Insert Federal ...................
Construct. Register
citation], 6/25/
20.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33.1-15-15. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
* * * * * * *
33.1-15-15-01.2....... Scope............ 7/1/16 7/27/20 [Insert Federal ...................
Register
citation], 6/25/
20.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-12059 Filed 6-24-20; 8:45 am]
BILLING CODE 6560-50-P