Full Approval of Revised Clean Air Act Operating Permit Program; North Dakota, 11131-11133 [2021-03267]
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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
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• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 26, 2021.
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, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Signing Statement
This document of the Environmental
Protection Agency was signed on
December 11, 2020, by John Busterud,
Regional Administrator, Region IX,
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Jkt 253001
pursuant to a consent decree entered on
December 4, 2020 in Our Childrens
Earth Foundation v. Wheeler, 4:20–cv–
00396–JSW (N.D. Cal.). That document
with the original signature and date is
maintained by EPA. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned EPA Official
re-signs the document for publication,
as an official document of the
Environmental Protection Agency. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Dated: December 11, 2020.
John Busterud,
Regional Administrator, Region IX.
11131
(C) South Coast Air Quality
Management District.
(1) Rule 1168, ‘‘Adhesive and Sealant
Applications,’’ amended on October 6,
2017.
(2) [Reserved]
*
*
*
*
*
(545) New regulations for the
following APCDs were submitted on
January 31, 2019 by the Governor’s
designee as an attachment to a letter
dated January 23, 2019.
(i) Incorporation by reference.
(A) Ventura County Air Pollution
Control District.
(1) Rule 74.20, ‘‘Adhesives and
Sealants,’’ revised on October 9, 2018.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
Signed in Berkeley on February 5, 2021 by:
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–02909 Filed 2–23–21; 8:45 am]
For the reasons stated in the
preamble, the Environmental Protection
Agency amends Part 52, Chapter I, Title
40 of the Code of Federal Regulations as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(362)(i)(B)(3),
(c)(429)(i)(A)(7), (c)(518)(i)(C), and
(c)(545) to read as follows:
■
Identification of plan-in part.
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(c) * * *
(362) * * *
(i) * * *
(B) * * *
(3) Previously approved on December
21, 2009 in paragraph (c)(362)(i)(B)(1) of
this section and now deleted with
replacement in (c)(518)(i)(C)(1), Rule
1168, ‘‘Adhesive and Sealant
Applications,’’ amended on January 7,
2005.
*
*
*
*
*
(429) * * *
(i) * * *
(A) * * *
(7) Previously approved on August 30,
2013 in paragraph (c)(429)(i)(A)(1) of
this section and now deleted with
replacement in (c)(545)(i)(A)(1), Rule
74.20, ‘‘Adhesives and Sealants,’’
revised on September 11, 2012.
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(518) * * *
(i) * * *
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40 CFR Part 70
[EPA–R08–OAR–2020–0722; FRL–10019–
27–Region 8]
■
§ 52.220
BILLING CODE 6560–50–P
Full Approval of Revised Clean Air Act
Operating Permit Program; North
Dakota
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
With this direct final rule, the
Environmental Protection Agency (EPA
or the ‘‘Agency’’) is promulgating full
approval of the revised and recodified
North Dakota operating permit program
for stationary sources subject to title V
of the Clean Air Act (CAA or the ‘‘Act’’).
On August 6, 2018, North Dakota
submitted a request for approval of its
revisions to the North Dakota operating
permit program (the ‘‘title V program’’)
for stationary sources subject to title V
of the CAA and recodification of the
State’s title V program under a new title
of the North Dakota Administrative
Code (NDAC). The EPA determined that
the revised and recodified program
substantially met the requirements of
title V of the Act and Code of Federal
Regulations (CFR) but was not fully
approvable because the State law
provisions for judicial review were not
consistent with program requirements
found in the CFR. Thus, EPA issued an
interim approval of North Dakota’s title
V program. North Dakota has made the
changes required for full program
approval. Accordingly, the EPA is
taking this action in accordance with
the CAA and CFR title V program
SUMMARY:
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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
approval requirements. This is a direct
final action because the action is
deemed noncontroversial and we do not
expect adverse comments.
DATES: This direct final rule is effective
on April 26, 2021 without further
notice, unless the EPA receives adverse
written comments on or before March
26, 2021. If adverse comments are
received, the EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2020–0722. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
electronically in www.regulations.gov.
To reduce the risk of COVID–19
transmission, for this action we do not
plan to offer hard copy review of the
docket. Please email or call the person
listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make
alternative arrangements for access to
the docket.
FOR FURTHER INFORMATION CONTACT:
Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD, 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.
khammond on DSKJM1Z7X2PROD with RULES
I. Why is EPA using a direct final rule?
The EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial
action and anticipates no adverse
comments. However, in the Proposed
Rules section of today’s Federal
Register publication, the EPA is
publishing a separate document that
will serve as the proposal to fully
approve North Dakota’s title V program
revisions if relevant adverse comments
are filed.
If the EPA receives adverse
comments, the EPA will publish a
timely withdrawal in the Federal
Register informing the public that this
direct final rule will not take effect. The
EPA will address all public comments
in a subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
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Jkt 253001
this action. Any parties interested in
commenting must do so at this time.
II. Background
Title V of the CAA as amended (42
U.S.C. 7401 et seq.) directs states to
develop, and submit to the EPA,
programs for issuing operating permits
to all major stationary sources and to
certain other sources.1 As required
under title V, the EPA has promulgated
regulations establishing the minimum
elements of an approvable state title V
program and defined the corresponding
procedures by which the EPA will
approve, oversee and, when necessary,
withdraw approval of a state title V
program.2 After review of the state’s
initial program submittal, the EPA may
alternatively grant interim approval of a
program which substantially meets the
requirements of title V and part 70 but
which is not fully approvable. In the
case of such an interim approval, the
EPA will specify the changes that must
be made before the program can receive
full approval and the state shall
resubmit the modified program before
expiration of the interim approval.3
North Dakota first received interim
approval of its title V program effective
August 7, 1995 (60 FR 35335). North
Dakota’s program later received final,
full approval effective on August 16,
1999 (64 FR 32433). On August 6, 2018,
the State of North Dakota submitted to
the EPA a formal request for approval of
title V program recodifications and
revisions made to facilitate the transfer
of permitting authority from the North
Dakota Department of Health (NDDH) to
a newly established North Dakota
Department of Environmental Quality
(NDDEQ).4 During North Dakota’s
review of the NDAC for recodification
and submittal to the EPA for approval,
North Dakota found limitations in state
law provisions for judicial review in
state courts. Accordingly, the Attorney
General’s Opinion that accompanied
North Dakota’s submission explained
those limitations and committed to
submit an addendum to the Opinion
when the State adopted rules consistent
with the full judicial review
requirements in 40 CFR 70.4(b)(3)(x)–
(xii).5 After review, the EPA found that
the recodified and revised program
substantially met the minimum
requirements of the CAA and part 70,
but that the EPA could not fully approve
the program transfer until the State
revised its rules to provide the full legal
1 42
U.S.C. 7661a.
CFR part 70.
3 42 U.S.C. 7661a(g); 40 CFR 70.4(e), (f), (i).
4 83 FR 53532 (Oct. 30, 2018).
5 Id. at 54535.
2 40
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authority necessary for judicial review.6
Accordingly, the EPA promulgated an
interim approval of North Dakota’s title
V program transfer effective March 15,
2019. EPA stated that interim approval
would expire on March 19, 2020, and
required the State to submit changes to
the program addressing the judicial
review deficiencies no later than six
months prior to the expiration of the
interim approval.7 A subsequent action
delayed the interim approval’s effective
date to April 30, 2019, which then
delayed the expiration date to May 1,
2020.8 Accordingly, North Dakota’s
program revisions addressing the
judicial review deficiencies were due no
later than November 1, 2019.
III. State Submittal
In our action granting interim
approval of North Dakota’s title V
program transfer, the EPA concluded
that North Dakota’s title V program
transfer was not fully approvable due to
a lack of full authority required for
judicial review.9 The EPA explained
that interim approval would allow
North Dakota to make minor revisions to
NDAC section 33.1–15–14–06.8 and
update the State Attorney General’s
Opinion to reflect revised legal
authorities.10 The EPA received an
Addendum, dated December 12, 2018,
to the August 16, 2018 State Attorney
General’s Opinion Operating Permits
Program (August 16, 2018 Opinion),
which states that the regulations
regarding petitions for judicial review
identified in the August 16, 2018
Opinion ‘‘have been lawfully adopted
and shall be fully effective by the time
the program is approved.’’ 11 The State
of North Dakota also submitted clean
and redlined copies of the revised
NDAC section 33.1–15–14–06.8 with the
December 12, 2018 Addendum to the
Opinion, which are available in the
docket for this action. The revisions to
NDAC section 33.1–15–14–06.8 became
effective on January 1, 2019.12
IV. Final Action
The December 12, 2018 Addendum to
North Dakota’s Attorney General’s
Opinion, together with the August 16,
6 84
FR 3108, 3109 (Feb. 11, 2019).
7 Id.
8 84
FR 8260; see also 40 CFR part 70, appendix
A.
9 83
FR 54536.
10 Id.
11 Margaret I. Olson, Assistant Attorney General,
Addendum to August 16, 2018 Attorney General’s
Opinion Operating Permits Program, December 12,
2018.
12 North Dakota Administrative Code,
Supplement 371, January 2019, https://
www.legis.nd.gov/agency-rules/administrativerules-supplement (last visited November 30, 2020).
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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
2018 Opinion, affirm that the State
revised the title V program provisions
for judicial review as codified in NDAC
section 33.1–15–14–6.8, effective as
amended January 1, 2019. Therefore,
North Dakota timely submitted revisions
to address the deficiencies identified in
our interim approval action within six
months prior to the interim approval’s
expiration. Accordingly, the EPA finds
that the North Dakota title V program
fulfills all criteria for full final approval
of the transfer. The EPA is now acting
to fully approve the North Dakota title
V program under 40 CFR part 70 and
CAA section 502.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a state title V
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 title V 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. 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 (Public Law 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);
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this action is not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. 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 26, 2021.
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 70
Environmental protection, Air
pollution control, Intergovernmental
relations, Title V.
PO 00000
Frm 00043
Fmt 4700
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11133
Dated: February 11, 2021.
Debra Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 70 is amended as follows:
PART 70—STATE OPERATING PERMIT
PROGRAMS
1. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
2. In appendix A to part 70 the entry
for ‘‘North Dakota’’ is amended by
revising paragraph (d) to read as
follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
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North Dakota
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(d) The State of North Dakota submitted on
August 6, 2018, operating permit program
revisions and a request 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 also
submitted on August 16, 2018 the, ‘‘Attorney
General’s Opinion Operating Permits
Program,’’ which was 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. North Dakota also submitted
revisions to state law effective January 1,
2019; full approval effective on April 26,
2021.
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[FR Doc. 2021–03267 Filed 2–23–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0233; FRL–10005–77]
Tetraniliprole; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of tetraniliprole
in or on multiple commodities that are
identified and discussed later in this
document. Bayer CropScience requested
these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
February 24, 2021. Objections and
SUMMARY:
E:\FR\FM\24FER1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Rules and Regulations]
[Pages 11131-11133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03267]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R08-OAR-2020-0722; FRL-10019-27-Region 8]
Full Approval of Revised Clean Air Act Operating Permit Program;
North Dakota
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: With this direct final rule, the Environmental Protection
Agency (EPA or the ``Agency'') is promulgating full approval of the
revised and recodified North Dakota operating permit program for
stationary sources subject to title V of the Clean Air Act (CAA or the
``Act''). On August 6, 2018, North Dakota submitted a request for
approval of its revisions to the North Dakota operating permit program
(the ``title V program'') for stationary sources subject to title V of
the CAA and recodification of the State's title V program under a new
title of the North Dakota Administrative Code (NDAC). The EPA
determined that the revised and recodified program substantially met
the requirements of title V of the Act and Code of Federal Regulations
(CFR) but was not fully approvable because the State law provisions for
judicial review were not consistent with program requirements found in
the CFR. Thus, EPA issued an interim approval of North Dakota's title V
program. North Dakota has made the changes required for full program
approval. Accordingly, the EPA is taking this action in accordance with
the CAA and CFR title V program
[[Page 11132]]
approval requirements. This is a direct final action because the action
is deemed noncontroversial and we do not expect adverse comments.
DATES: This direct final rule is effective on April 26, 2021 without
further notice, unless the EPA receives adverse written comments on or
before March 26, 2021. If adverse comments are received, the EPA will
publish a timely withdrawal of the direct final rule in the Federal
Register informing the public that the rule will not take effect.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2020-0722. All documents in the docket are
listed in the www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available
electronically in www.regulations.gov. To reduce the risk of COVID-19
transmission, for this action we do not plan to offer hard copy review
of the docket. Please email or call the person listed in the FOR
FURTHER INFORMATION CONTACT section if you need to make alternative
arrangements for access to the docket.
FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6396, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Why is EPA using a direct final rule?
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the Proposed Rules section of today's
Federal Register publication, the EPA is publishing a separate document
that will serve as the proposal to fully approve North Dakota's title V
program revisions if relevant adverse comments are filed.
If the EPA receives adverse comments, the EPA will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. The EPA will address all public
comments in a subsequent final rule based on the proposed rule. The EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
II. Background
Title V of the CAA as amended (42 U.S.C. 7401 et seq.) directs
states to develop, and submit to the EPA, programs for issuing
operating permits to all major stationary sources and to certain other
sources.\1\ As required under title V, the EPA has promulgated
regulations establishing the minimum elements of an approvable state
title V program and defined the corresponding procedures by which the
EPA will approve, oversee and, when necessary, withdraw approval of a
state title V program.\2\ After review of the state's initial program
submittal, the EPA may alternatively grant interim approval of a
program which substantially meets the requirements of title V and part
70 but which is not fully approvable. In the case of such an interim
approval, the EPA will specify the changes that must be made before the
program can receive full approval and the state shall resubmit the
modified program before expiration of the interim approval.\3\
---------------------------------------------------------------------------
\1\ 42 U.S.C. 7661a.
\2\ 40 CFR part 70.
\3\ 42 U.S.C. 7661a(g); 40 CFR 70.4(e), (f), (i).
---------------------------------------------------------------------------
North Dakota first received interim approval of its title V program
effective August 7, 1995 (60 FR 35335). North Dakota's program later
received final, full approval effective on August 16, 1999 (64 FR
32433). On August 6, 2018, the State of North Dakota submitted to the
EPA a formal request for approval of title V program recodifications
and revisions made to facilitate the transfer of permitting authority
from the North Dakota Department of Health (NDDH) to a newly
established North Dakota Department of Environmental Quality
(NDDEQ).\4\ During North Dakota's review of the NDAC for recodification
and submittal to the EPA for approval, North Dakota found limitations
in state law provisions for judicial review in state courts.
Accordingly, the Attorney General's Opinion that accompanied North
Dakota's submission explained those limitations and committed to submit
an addendum to the Opinion when the State adopted rules consistent with
the full judicial review requirements in 40 CFR 70.4(b)(3)(x)-(xii).\5\
After review, the EPA found that the recodified and revised program
substantially met the minimum requirements of the CAA and part 70, but
that the EPA could not fully approve the program transfer until the
State revised its rules to provide the full legal authority necessary
for judicial review.\6\ Accordingly, the EPA promulgated an interim
approval of North Dakota's title V program transfer effective March 15,
2019. EPA stated that interim approval would expire on March 19, 2020,
and required the State to submit changes to the program addressing the
judicial review deficiencies no later than six months prior to the
expiration of the interim approval.\7\ A subsequent action delayed the
interim approval's effective date to April 30, 2019, which then delayed
the expiration date to May 1, 2020.\8\ Accordingly, North Dakota's
program revisions addressing the judicial review deficiencies were due
no later than November 1, 2019.
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\4\ 83 FR 53532 (Oct. 30, 2018).
\5\ Id. at 54535.
\6\ 84 FR 3108, 3109 (Feb. 11, 2019).
\7\ Id.
\8\ 84 FR 8260; see also 40 CFR part 70, appendix A.
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III. State Submittal
In our action granting interim approval of North Dakota's title V
program transfer, the EPA concluded that North Dakota's title V program
transfer was not fully approvable due to a lack of full authority
required for judicial review.\9\ The EPA explained that interim
approval would allow North Dakota to make minor revisions to NDAC
section 33.1-15-14-06.8 and update the State Attorney General's Opinion
to reflect revised legal authorities.\10\ The EPA received an Addendum,
dated December 12, 2018, to the August 16, 2018 State Attorney
General's Opinion Operating Permits Program (August 16, 2018 Opinion),
which states that the regulations regarding petitions for judicial
review identified in the August 16, 2018 Opinion ``have been lawfully
adopted and shall be fully effective by the time the program is
approved.'' \11\ The State of North Dakota also submitted clean and
redlined copies of the revised NDAC section 33.1-15-14-06.8 with the
December 12, 2018 Addendum to the Opinion, which are available in the
docket for this action. The revisions to NDAC section 33.1-15-14-06.8
became effective on January 1, 2019.\12\
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\9\ 83 FR 54536.
\10\ Id.
\11\ Margaret I. Olson, Assistant Attorney General, Addendum to
August 16, 2018 Attorney General's Opinion Operating Permits
Program, December 12, 2018.
\12\ North Dakota Administrative Code, Supplement 371, January
2019, https://www.legis.nd.gov/agency-rules/administrative-rules-supplement (last visited November 30, 2020).
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IV. Final Action
The December 12, 2018 Addendum to North Dakota's Attorney General's
Opinion, together with the August 16,
[[Page 11133]]
2018 Opinion, affirm that the State revised the title V program
provisions for judicial review as codified in NDAC section 33.1-15-14-
6.8, effective as amended January 1, 2019. Therefore, North Dakota
timely submitted revisions to address the deficiencies identified in
our interim approval action within six months prior to the interim
approval's expiration. Accordingly, the EPA finds that the North Dakota
title V program fulfills all criteria for full final approval of the
transfer. The EPA is now acting to fully approve the North Dakota title
V program under 40 CFR part 70 and CAA section 502.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a state
title V 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 title V 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.
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 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this action is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. 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 26, 2021. 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 70
Environmental protection, Air pollution control, Intergovernmental
relations, Title V.
Dated: February 11, 2021.
Debra Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 70 is amended as follows:
PART 70--STATE OPERATING PERMIT PROGRAMS
0
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. In appendix A to part 70 the entry for ``North Dakota'' is amended
by revising 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 and a request 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 also
submitted on August 16, 2018 the, ``Attorney General's Opinion
Operating Permits Program,'' which was 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. North Dakota also submitted revisions to state law
effective January 1, 2019; full approval effective on April 26,
2021.
* * * * *
[FR Doc. 2021-03267 Filed 2-23-21; 8:45 am]
BILLING CODE 6560-50-P
