
[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Proposed Rules]
[Pages 27898-27906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11289]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0726; FRL-9813-1]


Approval and Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 1997 and 2006 PM2.5 
National Ambient Air Quality Standards; Prevention of Significant 
Deterioration Requirements for PM2.5 Increments and Major 
and Minor Source Baseline Dates; State Board Requirements; North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the State Implementation Plan 
(SIP) submission from the State of North Dakota to demonstrate that the 
SIP meets the infrastructure requirements of the Clean Air Act (CAA) 
for the National Ambient Air Quality Standards (NAAQS) promulgated for 
particulate matter less than or equal to 2.5 micrometers ([mu]m) in 
diameter (PM2.5) on July 18, 1997 and on October 17, 2006. 
The CAA requires that each state, after a new or revised NAAQS is 
promulgated, review their SIP to ensure that it meets the requirements 
of the ``infrastructure elements'' necessary to implement the new or 
revised NAAQS. On May 25, 2012, North Dakota submitted a certification 
of their infrastructure SIP for the 1997 PM2.5 NAAQS. On 
August 12, 2010 and May 22, 2012, North Dakota submitted certifications 
of their infrastructure SIP for the 2006 PM2.5 NAAQS. We are 
also proposing to approve two submissions from North Dakota that revise 
the SIP to address particular infrastructure elements. First, the State 
submitted revisions to the North Dakota Air Pollution Control Rules 
(NDAC) on

[[Page 27899]]

January 24, 2013 that will update the Prevention of Significant 
Deterioration (PSD) program by adopting by reference federal provisions 
as they exist as of January 1, 2012, which reflect the requirements of 
the 2010 PM2.5 Increment Rule. Second, on April 2, 2013, the 
State submitted revisions to the section of the SIP concerning state 
boards. EPA will act separately on certain requirements of the CAA 
relating to interstate transport of air pollution for the 2006 
PM2.5 NAAQS.

DATES: Written comments must be received on or before June 12, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2011-1726, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: ayala.kathy@epa.gov
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection 
Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. Such deliveries are only accepted 
Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2011-0726. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA, without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm. For additional 
instructions on submitting comments, go to section I, General 
Information, of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. EPA requests that if at all possible, you 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view the hard copy of the docket. You may view the hard copy 
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Kathy Ayala, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6142, 
ayala.kathy@epa.gov.

SUPPLEMENTARY INFORMATION: 

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The initials CBI mean or refer to confidential business 
information.
    (iii) The word Department means or refers to the North Dakota 
Department of Health.
    (iv) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (v) The initials FIP mean or refer to a Federal Implementation 
Plan.
    (vi) The initials GHG mean or refer to greenhouse gases.
    (vii) The initials NAAQS mean or refer to national ambient air 
quality standards.
    (viii) The initials NDAC mean or refer to the North Dakota Air 
Pollution Control Rules.
    (ix) The initials NDCC mean or refer to the North Dakota Century 
Code.
    (x) The initials NOX mean or refer to nitrogen oxides.
    (xi) The initials NSR mean or refer to new source review.
    (xii) The initials PM mean or refer to particulate matter.
    (xiii) The initials PM2.5 mean or refer to particulate 
matter with an aerodynamic diameter of less than 2.5 micrometers (fine 
particulate matter).
    (xiv) The initials ppm mean or refer to parts per million.
    (xv) The initials PSD mean or refer to Prevention of Significant 
Deterioration.
    (xvi) The initials SIP mean or refer to State Implementation Plan.
    (xvii) The initials SSM mean or refer to start-up, shutdown, or 
malfunction.

Table of Contents

I. General Information
II. Background
III. What is the scope of this rulemaking?
IV. What infrastructure elements are required under sections 
110(a)(1) and (2)?
V. How did North Dakota address the infrastructure elements of 
sections 110(a)(1) and (2)?
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit CBI to EPA through http://www.regulations.gov or email. Clearly 
mark the part or all of the information that you claim to be CBI. For 
CBI information on a disk or CD ROM that you mail to EPA, mark the 
outside of the disk or CD ROM as CBI and then identify electronically 
within the disk or CD ROM the specific information that is claimed as 
CBI. In addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.

[[Page 27900]]

    2. Tips for preparing your comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register, date, and 
page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your 
requested changes;
     Describe any assumptions and provide any technical 
information and/or data that you used;
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced;
     Provide specific examples to illustrate your concerns, and 
suggest alternatives;
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats; and,
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    On July 18, 1997, EPA promulgated new NAAQS for particulate matter 
less than or equal to 2.5 micrometers ([mu]m) in diameter 
(PM2.5). Two new PM2.5 standards were added, set 
at 15 [mu]g/m\3\, based on the 3-year average of annual arithmetic mean 
PM2.5 concentration from single or multiple community-
oriented monitors, and 65 [mu]g/m\3\, based on the 3-year average of 
the 98th percentile of 24-hour PM2.5 concentrations at each 
population-oriented monitor within an area. In addition, the 24-hour 
PM10 standard was revised to be based on the 99th percentile 
of 24-hour PM10 concentration at each monitor within an area 
(62 FR 38652).
    On October 17, 2006 EPA promulgated a revised NAAQS for 
PM2.5, tightening the level of the 24-hour PM2.5 
standard to 35 [mu]g/m\3\ and retaining the level of the annual 
PM2.5 standard at 15 [mu]g/m\3\. EPA also retained the 24-
hour PM10 standard and revoked the annual PM10 
standard (71 FR 61144).
    By statute, SIPs meeting the requirements of sections 110(a)(1) and 
(2) are to be submitted by states within three years after promulgation 
of a new or revised standard. Section 110(a)(2) provides basic 
requirements for SIPs, including emissions inventories, monitoring, and 
modeling, to assure attainment and maintenance of the standards. These 
requirements are set out in several ``infrastructure elements,'' listed 
in section 110(a)(2).
    Section 110(a) imposes the obligation upon states to make a SIP 
submission to EPA for a new or revised NAAQS, and the contents of that 
submission may vary depending upon the facts and circumstances. In 
particular, the data and analytical tools available at the time the 
state develops and submits the SIP for a new or revised NAAQS affects 
the content of the submission. The contents of such SIP submissions may 
also vary depending upon what provisions the state's existing SIP 
already contains. In the case of the 1997 and 2006 PM2.5 
NAAQS, states typically have met the basic program elements required in 
section 110(a)(2) through earlier SIP submissions in connection with 
previous NAAQS.

III. What is the scope of this rulemaking?

    This rulemaking will not cover four substantive issues that are not 
integral to acting on a state's infrastructure SIP submission: (1) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction at sources, that may be contrary to 
the CAA and EPA's policies addressing such excess emissions (``SSM''); 
(2) existing provisions related to ``director's variance'' or 
``director's discretion'' that purport to permit revisions to SIP 
approved emissions limits with limited public process or without 
requiring further approval by EPA, that may be contrary to the CAA 
(``director's discretion''); (3) existing provisions for minor source 
NSR programs that may be inconsistent with the requirements of the CAA 
and EPA's regulations that pertain to such programs (``minor source 
NSR''); and, (4) existing provisions for PSD programs that may be 
inconsistent with current requirements of EPA's ``Final NSR Improvement 
Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 
(June 13, 2007) (``NSR Reform''). Instead, EPA has indicated that it 
has other authority to address any such existing SIP defects in other 
rulemakings, as appropriate. A detailed rationale for why these four 
substantive issues are not part of the scope of infrastructure SIP 
rulemakings can be found in EPA's July 13, 2011, final rule entitled, 
``Infrastructure SIP Requirements for the 1997 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards'' in the 
section entitled, ``What Is The Scope Of This Final Rulemaking?'' (see 
76 FR 41075 at 41076--41079).

IV. What infrastructure elements are required under sections 110(a)(1) 
and (2)?

    Section 110(a)(1) provides the procedural and timing requirements 
for SIP submissions after a new or revised NAAQS is promulgated. 
Section 110(a)(2) lists specific elements the SIP must contain or 
satisfy. These infrastructure elements include requirements such as 
modeling, monitoring, and emissions inventories, which are designed to 
assure attainment and maintenance of the NAAQS. The elements that are 
the subject of this action are listed below.
     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control measures.
     110(a)(2)(D): Interstate transport.
     110(a)(2)(E): Adequate authority, conflict of interest, 
and oversight of local governments and regional agencies.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency powers.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(J): Consultation with government officials; 
public notification; and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
    A detailed discussion of each of these elements is contained in the 
next section. Element 110(a)(2)(D)(i)(I), Interstate transport of 
pollutants which contribute significantly to nonattainment in, or 
interfere with maintenance by, any other state will be acted upon in a 
separate action.
    Two elements identified in section 110(a)(2) are not governed by 
the three year submission deadline of section 110(a)(1) and are 
therefore not addressed in this action. These elements relate to part D 
of Title I of the CAA, and submissions to satisfy them are not due 
within three years after promulgation of a new or revised NAAQS, but 
rather are due at the same time nonattainment area plan requirements 
are due under section 172. The two elements are: (1) Section 
110(a)(2)(C) to the extent it refers to permit programs (known as 
``nonattainment new source review (NSR)'') required under part D, and 
(2) section 110(a)(2)(I), pertaining to the nonattainment planning 
requirements of part D. As a result, this action does not address 
infrastructure elements related

[[Page 27901]]

to the nonattainment NSR portion of section 110(a)(2)(C) or related to 
110(a)(2)(I).

V. How did North Dakota address the infrastructure elements of sections 
110(a)(1) and (2)?

    1. Emission limits and other control measures: Section 110(a)(2)(A) 
requires SIPs to include enforceable emission limitations and other 
control measures, means, or techniques (including economic incentives 
such as fees, marketable permits, and auctions of emissions rights), as 
well as schedules and timetables for compliance as may be necessary or 
appropriate to meet the applicable requirements of the Act.
    a. North Dakota's response to this requirement: The State's 1997 
and 2006 PM2.5 submissions cite provisions of the North 
Dakota Air Pollution Control Rules (NDAC), Chapter 33-15, which 
establishes control requirements for particulate matter and 
PM2.5 precursors. In addition, the State cites the North 
Dakota Century Code (NDCC), Chapter 23-25, Air Pollution Control, in 
Section 23-25-03 which provides the general authority to regulate 
sources of PM2.5.
    b. EPA analysis: First, this infrastructure element does not 
require the submittal of regulations or emission limitations developed 
specifically for attaining the 1997 and 2006 PM2.5 NAAQS, 
and North Dakota has no areas designated as nonattainment for the 1997 
and 2006 PM2.5 NAAQS. Nonetheless, the North Dakota SIP 
contains provisions for control of particulate matter (NDAC 33-15-05). 
The State also regulates emissions of PM2.5 and its 
precursors through the SIP-approved PSD and minor NSR programs. This 
suffices, in the case of North Dakota, to meet the requirements of 
section 110(a)(2)(A) for the 1997 and 2006 PM2.5 NAAQS.
    2. Ambient air quality monitoring/data system: Section 110(a)(2)(B) 
requires SIPs to provide for establishment and operation of appropriate 
devices, methods, systems, and procedures necessary to ``(i) monitor, 
compile, and analyze data on ambient air quality, and (ii) upon 
request, make such data available to the Administrator.''
    a. North Dakota's response to this requirement: The State's 1997 
and 2006 PM2.5 submissions cite the NDCC 23-25-03 which 
provides the authority for the North Dakota Department of Health 
(Department) to conduct ambient air monitoring. In addition, the State 
cites the Annual Network Monitoring Plans for 2009 and 2011 which 
provide for an ambient air quality monitoring system in the State.
    b. EPA analysis: North Dakota's air monitoring program and data 
systems meet the requirements of CAA section 110(a)(2)(B) for the 1997 
and 2006 PM2.5 NAAQS. The North Dakota Division of Air 
Quality's (DAQ) 2012 Ambient Air Annual Monitoring Network Plan was 
received by EPA on February 14, 2013 and approved on April 4, 2013. The 
plan meets current requirements for monitoring of PM2.5.
    3. Program for enforcement of control measures: Section 
110(a)(2)(C) requires SIPs to include a program to provide for the 
enforcement of the measures described in subparagraph (A), and 
regulation of the modification and construction of any stationary 
source within the areas covered by the plan as necessary to assure that 
NAAQS are achieved, including a permit program as required in parts C 
and D.
    a. North Dakota's response to this requirement: The State's 1997 
and 2006 PM2.5 submissions cite the NDAC, chapters 33-15-14-
02 (Permit to Construct), 33-15-15 (PSD), 33-15-14-03 (Minor Source 
Permit to Operation), and 33-15-14-06 (Title V Permit to Operate). In 
addition the State cites NDCC 23-25-03.6 and 23-25-04.1, which 
authorizes the State permitting programs.
    b. EPA analysis: To generally meet the requirements of section 
110(a)(2)(C), the State is required to have SIP-approved PSD, 
nonattainment NSR, and minor NSR permitting programs adequate to 
implement the 1997 and 2006 PM2.5 NAAQS. As explained above, 
in this action EPA is not evaluating nonattainment related provisions, 
such as the nonattainment NSR program required by part D of the Act. 
EPA is evaluating the State's PSD program as required by part C of the 
Act, and the State's minor NSR program as required by 110(a)(2)(C).

PSD Requirements

    North Dakota has a SIP-approved PSD program that meets the general 
requirements of part C of the Act (51 FR 31125). To satisfy the 
particular requirements of section 110(a)(2)(C), states should have a 
PSD program that applies to all regulated NSR pollutants, including 
greenhouse gases (GHGs). See 40 CFR 51.166(b)(48) and (b)(49). The PSD 
program should reflect current requirements for these pollutants. In 
particular, for three pollutants--ozone, PM2.5, and GHGs--
there are additional regulatory requirements (set out in portions of 40 
CFR 51.166) that we consider in evaluating North Dakota's PSD program. 
In the rulemakings in which EPA revised the requirements in 40 CFR 
51.166 for these pollutants, EPA also updated the federal PSD program 
at 40 CFR 52.21 accordingly. North Dakota implements the PSD program 
by, for the most part, incorporating by reference the federal PSD 
program as it existed on a specific date. The State periodically 
updates the PSD program by revising the date of incorporation by 
reference and submitting the change as a SIP revision. As a result, the 
SIP revisions generally reflect changes to PSD requirements that EPA 
has promulgated prior to the revised date of incorporation by 
reference.
    In particular, on June 3, 2010 (75 FR 31291), we approved a North 
Dakota SIP revision that revised the date of incorporation by reference 
of the federal PSD program to August 1, 2007. That revision addressed 
the PSD requirements of the Phase 2 Ozone Implementation Rule 
promulgated in 2005 (70 FR 71612). As a result, the approved North 
Dakota PSD program meets current requirements for ozone.
    Similarly, on October 23, 2012 (77 FR 64736), we approved a North 
Dakota SIP revision that revised the date of incorporation by reference 
of the federal PSD program to July 2, 2010. As explained in the notice 
for that action, that revision addressed the PSD requirements related 
to GHGs provided in EPA's June 3, 2010 ``Prevention of Significant 
Deterioration and Title V Greenhouse Gas Tailoring Rule'' (75 FR 
31514). The approved North Dakota PSD program thus also meets current 
requirements for GHGs.
    For PM2.5, EPA has promulgated two relevant rules. The 
first, promulgated in 2008, addresses (among other things) treatment of 
PM2.5 precursors in PSD programs. The second, promulgated in 
2010, establishes (among other things) increments for PM2.5. 
As we discuss next, both rules have been the subject of recent 
litigation.
    On January 4, 2013, the U.S. Court of Appeals, in Natural Resources 
Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013), issued a 
judgment that remanded EPA's 2007 and 2008 rules implementing the 1997 
PM2.5 NAAQS. The court ordered EPA to ``repromulgate these 
rules pursuant to Subpart 4 consistent with this opinion.'' Id. at 437. 
Subpart 4 of Part D, Title 1 of the CAA establishes additional 
provisions for particulate matter nonattainment areas.
    The 2008 implementation rule addressed by the court decision, 
``Implementation of New Source Review (NSR) Program for Particulate 
Matter Less Than 2.5 Micrometers (PM2.5),'' (May 16, 2008, 
73 FR 28321), promulgated NSR requirements for implementation of 
PM2.5 in nonattainment areas (nonattainment

[[Page 27902]]

NSR) and attainment/unclassifiable areas (PSD). As the requirements of 
Subpart 4 only pertain to nonattainment areas, EPA does not consider 
the portions of the 2008 rule that address requirements for 
PM2.5 attainment and unclassifiable areas to be affected by 
the court's opinion. Moreover, EPA does not anticipate the need to 
revise any PSD requirements promulgated in the 2008 rule in order to 
comply with the court's decision. Accordingly, EPA's approval of North 
Dakota's infrastructure SIP as to elements (C), (D)(i)(II), or (J) with 
respect to the PSD requirements promulgated by the 2008 implementation 
rule does not conflict with the court's opinion.
    The court's decision with respect to the nonattainment NSR 
requirements promulgated by the 2008 implementation rule also does not 
affect EPA's action on the present infrastructure action. EPA 
interprets the Act to exclude nonattainment area requirements, 
including requirements associated with a nonattainment NSR program, 
from infrastructure SIP submissions due 3 years after adoption or 
revision of a NAAQS. Instead, these elements are typically referred to 
as nonattainment SIP or attainment plan elements, which would be due by 
the dates statutorily prescribed under subpart 2 through 5 under part 
D, extending as far as 10 years following designations for some 
elements.
    As mentioned above, EPA previously approved a North Dakota SIP 
revision that revised the date of incorporation by reference of the 
federal PSD program to July 2, 2010. This SIP revision also addressed 
the requirements of the 2008 PM2.5 NSR implementation rule. 
See 77 FR 64736. The remaining PSD requirement for PM2.5 is 
contained in EPA's October 20, 2010 rule, ``Prevention of Significant 
Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers 
(PM2.5)--Increments, Significant Impact Levels (SILs) and 
Significant Monitoring Concentration (SMC)'' (75 FR 64864). EPA regards 
adoption of the PM2.5 increments as a necessary requirement 
when assessing a PSD program for the purposes of element (C).
    The PM2.5 increments have not been approved into North 
Dakota's SIP, as the last approved date of incorporation by reference 
of the federal PSD program is July 2, 2010, prior to promulgation of 
the PM2.5 increments. The State of North Dakota submitted 
revisions to chapter 33-15-15-01.2, Scope, of the NDAC on January 24, 
2013 that adopt the PM2.5 increments by incorporating by 
reference the federal PSD program at 40 CFR part 52, section 21, as it 
existed on January 1, 2012.
    We propose to approve portions of the January 24, 2013 submittal 
that are necessary to incorporate the increments into the SIP. 
Specifically, we propose to approve the incorporation by reference of 
40 CFR part 52, section 21, paragraphs (b)(14)(i), (ii), (iii), 
(b)(15)(i), (ii), and paragraph (c) as those paragraphs existed on 
January 1, 2012. These paragraphs provide the major source baseline 
date, the minor source baseline date, and the increments for 
PM2.5. At this time we are not proposing to act on any other 
portions of the January 24, 2013 submittal, including the incorporation 
by reference of SILs and SMCs for PM2.5.
    With the partial approval of the January 24, 2013 submittal, the 
North Dakota PSD program will meet current requirements for all 
regulated NSR pollutants. As a result, we also propose to approve the 
North Dakota infrastructure SIP for element (C) for the 1997 and 2006 
PM2.5 NAAQS with respect to PSD requirements.

Minor NSR

    The State has a SIP-approved minor NSR program, adopted under 
section 110(a)(2)(C) of the Act. The State and EPA have relied on the 
State's existing minor NSR program to assure that new and modified 
sources not captured by the major NSR permitting programs do not 
interfere with attainment and maintenance of the NAAQS.
    In this action, EPA is proposing to approve North Dakota's 
infrastructure SIP for the 1997 and 2006 PM2.5 NAAQS with 
respect to the general requirement in section 110(a)(2)(C) to include a 
program in the SIP that regulates the modification and construction of 
any stationary source as necessary to assure that the NAAQS are 
achieved. EPA is not proposing to approve or disapprove the State's 
existing minor NSR program itself to the extent that it may be 
inconsistent with EPA's regulations governing this program. A number of 
states may have minor NSR provisions that are contrary to the existing 
EPA regulations for this program. EPA intends to work with states to 
reconcile state minor NSR programs with EPA's regulatory provisions for 
the program. The statutory requirements of section 110(a)(2)(C) provide 
for considerable flexibility in designing minor NSR programs, and it 
may be time to revisit the regulatory requirements for this program to 
give the states an appropriate level of flexibility to design a program 
that meets their particular air quality concerns, while assuring 
reasonable consistency across the country in protecting the NAAQS with 
respect to new and modified minor sources.
    4. Interstate Transport: Section 110(a)(2)(D)(i) is subdivided into 
four ``prongs,'' two under 110(a)(2)(D)(i)(I) and two under 
110(a)(2)(D)(i)(II). The two prongs under 110(a)(2)(D)(i)(I) require 
SIPs to contain adequate provisions to prohibit emissions that (prong 
1) contribute significantly to nonattainment in any other state with 
respect to any such national primary or secondary NAAQS, or (prong 2) 
interfere with maintenance by any other state with respect to the same 
NAAQS. The two prongs under 110(a)(2)(D)(i)(II) require SIPs to contain 
adequate provisions to prohibit emissions that interfere with measures 
required to be included in the applicable implementation plan for any 
other state under part C (prong 3) to prevent significant deterioration 
of air quality, or (prong 4) to protect visibility. As noted, we are 
not acting on the requirements of section 110(a)(2)(D)(i)(I) (prongs 1 
and 2), or the visibility requirement (prong 4) of section 
110(a)(2)(D)(i)(II) in this proposed rulemaking.
    a. North Dakota's response to this requirement: The State's 2006 
PM2.5 submission \1\ addressing interstate transport cites 
NDAC chapters 33-15-15 (PSD), 33-15-19 (Visibility Protection), 33-15-
25 (Regional Haze Requirements), SIP Section 7.8 (Interstate Transport 
of Air Pollution), and the North Dakota SIP for Regional Haze (February 
24, 2010). In addition, the State cites NDCC 23-25-03 which provides 
the authority for the Department to conduct an air quality control 
program.
---------------------------------------------------------------------------

    \1\ EPA has already taken final action on prong 3 of section 
110(a)(2)(D)(i) for the 1997 PM2.5 NAAQS. See 75 FR 
31290.
---------------------------------------------------------------------------

    b. EPA Analysis: With regard to the PSD portion of section 
110(a)(2)(D)(i)(II), this requirement may be met by the State's 
confirmation in an infrastructure SIP submission that new major sources 
and major modifications in the State are subject to a PSD program 
meeting all the relevant requirements of part C of title I of the CAA 
or (if the state contains a nonattainment area for the relevant 
pollutant) to a NNSR program that implements the 2006 PM2.5 
NAAQS. As discussed in more detail with respect to section 
110(a)(2)(C), with approval of the PM2.5 increments, North 
Dakota's SIP will contain a PSD program that reflects the relevant PSD 
requirements. Accordingly, in this action EPA is proposing to approve 
the infrastructure SIP submission as meeting the

[[Page 27903]]

applicable requirements of prong 3 of section 110(a)(2)(D)(i).
    5. Interstate and International transport provisions: Section 
110(a)(2)(D)(ii) requires that each SIP shall contain adequate 
provisions insuring compliance with applicable requirements of sections 
126 and 115 (relating to interstate and international pollution 
abatement).
    a. North Dakota's response to this requirement: The North Dakota 
PSD rules provide for notifying neighboring states whose land may be 
significantly affected by emissions from a new or modified source. NDAC 
33-15-15-01.2(q)(2)(d) states:

    NDAC-33-15-15-01.2(q)(2)(d)--Send a copy of the notice required 
in subparagraph c to the applicant, the United States environmental 
protection agency administrator, and to officials and agencies 
having cognizance over the location where the source or modification 
will be situated as follows: The chief executive of the city and 
county where the source or modification would be located; any 
comprehensive regional land use planning agency; and any state, 
federal land manager, or Indian governing body whose lands may be 
significantly affected by emissions from the source or modification.

    Similar notification requirements are provided for minor sources 
under NDAC 33-15-14-02.6.b(4).
    All PSD permit applications are provided to EPA within thirty days 
of receipt. This includes sources that could affect air quality in 
Canada. The draft PSD permits, the Air Quality Effects Analyses and the 
final permits are also submitted to EPA.
    b. EPA Analysis: Section 126(a) of the CAA requires notification to 
affected, nearby states of major proposed new (or modified) sources. 
Sections 126(b) and (c) pertain to petitions by affected states to the 
Administrator regarding sources violating the ``interstate transport'' 
provisions of section 110(a)(2)(D)(i). Section 115 of the CAA similarly 
pertains to international transport of air pollution.
    With regard to section 126(a), North Dakota's SIP-approved PSD 
program requires notice of proposed new sources or modifications to 
states whose lands may be significantly affected by emissions from the 
source or modification (see NDAC 33-15-15-01.2(q)(2)(d)). This 
provision satisfies the notice requirement of section 126(a).
    North Dakota has no pending obligations under sections 126(c) or 
115(b); therefore, its SIP currently meets the requirements of those 
sections. The SIP therefore meets the requirements of 110(a)(2)(D)(ii) 
for the 1997 and 2006 PM2.5 NAAQS.
    6. Adequate resources and authority: Section 110(a)(2)(E) requires 
states to provide ``(i) necessary assurances that the state will have 
adequate personnel, funding, and authority under state law to carry out 
the SIP (and is not prohibited by any provision of federal or state law 
from carrying out the SIP or portion thereof)'' and ``(iii) necessary 
assurances that, where the state has relied on a local or regional 
government, agency, or instrumentality for the implementation of any 
SIP provision, the state has responsibility for ensuring adequate 
implementation of such SIP provision.''
    a. North Dakota's response to this requirement: The State's 1997 
and 2006 PM2.5 submissions cite the NDAC 33-15-23 
(regulatory mechanism for paying fees), the NDCC 23-25-04.2 (statutory 
for collecting fees), and the NDCC 23-25-03 (authority to carry out the 
requirements of the SIP). Resources for the operation of the air 
pollution control program are addressed in Section 9 of the SIP 
(updated April 2009) and the State references section 2.11 of the SIP 
which addresses legal authority by the Department to collect fees 
necessary to implement the program.
    b. EPA Analysis: North Dakota's SIP meets the requirements of 
section 110(a)(2)(E)(i) for the 1997 and 2006 PM2.5 NAAQS. 
The NDCC 23-25-04 provides adequate authority for the State of North 
Dakota to carry out its SIP obligations with respect to the 1997 and 
2006 PM2.5 NAAQS. The State receives sections 103 and 105 
grant funds through its Performance Partnership Grant along with 
required state matching funds to provide funding necessary to carry out 
North Dakota's SIP requirements.
    Finally, with respect to section 110(a)(2)(E)(iii), North Dakota 
has not assigned responsibility for carrying out portions of the SIP to 
any local government, agency, or other instrumentality. North Dakota's 
SIP therefore meets the requirements for this element.
    7. State boards: Section 110(a)(2)(E)(ii) requires that the state 
comply with the requirements respecting state boards under section 128.
    a. North Dakota's response to this requirement: The State's 1997 
and 2006 PM2.5 submissions cite the NDCC 23-01-05 (statutory 
duties of the State Health Officer). In North Dakota there are no 
boards or bodies that approve permits or enforcement orders.
    b. EPA Analysis:
    On September 17, 2012, EPA conditionally approved North Dakota's 
infrastructure SIP for 110(a)(2)(E)(ii) for the 1997 ozone NAAQS (77 FR 
57029). North Dakota committed to submit within one year a SIP revision 
to address the requirements of section 128 of the Act. On April 8, 
2013, EPA received a submittal from the State that revises language in 
SIP chapter 2, section 15, Respecting Boards to include provisions for 
addressing conflict of interest requirements. We propose to approve 
that submittal and we correspondingly propose to approve the 
infrastructure SIP for 110(a)(2)(E)(ii) for the 1997 and 2006 
PM2.5 NAAQS.
    Section 128 of the Act provides in relevant part:

    (a) Not later than the date one year after August 7, 1977, each 
applicable implementation plan shall contain requirements that--
    (1) Any board or body which approves permits or enforcement 
orders under [this Act] shall have at least a majority of members 
who represent the public interest and do not derive any significant 
portion of their income from persons subject to permits or 
enforcement orders under [this Act], and
    (2) Any potential conflicts of interest by members of such board 
or body or the head of an executive agency with similar powers be 
adequately disclosed.

    As explained in detail in our April 16, 2012 proposal (77 FR 22547) 
for North Dakota's infrastructure SIP for the 1997 ozone NAAQS, EPA 
interprets subsection 128(a)(1) to apply only to states that have a 
board or body with multiple members that, among its duties, approves 
permits or enforcement orders under the Act. In North Dakota, there is 
no such multi-member board or body. As a result, North Dakota did not 
need to submit any provisions to address the requirements of section 
128(a)(1).
    However, EPA interprets subsection 128(a)(2) to apply to all 
states, regardless of whether the state has a multi-member board that 
approves permits or enforcement orders. As a result, 128(a)(2) applies 
to North Dakota, and, as also explained in the April 16, 2012 proposal, 
must be met through SIP-approved, federally enforceable provisions.
    North Dakota's April 8, 2013 submittal fulfills the commitment made 
as part of our previous conditional approval for the 1997 ozone NAAQS. 
The submittal provides disclosure requirements that apply to any person 
that approves permits or enforcement orders under North Dakota's 
implementation of the CAA. Any such person must disclose potential 
conflicts of interest, including the cause of the conflict, in writing 
to a superior. Conflicts of interest are defined broadly to include any 
divided loyalty, any conflict between the duties of the

[[Page 27904]]

person and the person's self or other interest, and any interest, 
influence, or relationship that might conflict or even appear to 
conflict with the best interests of the Department of Health or the 
State, or that might affect the person's working judgment or loyalty. 
For the same reasons discussed in detail in our September 17, 2012 
notice, we propose to find that these procedures provide adequate 
disclosure of potential conflicts of interest within the meaning of 
subsection 128(a)(2).
    In summary, EPA proposes to approve North Dakota's April 8, 2013 
submittal into the SIP to meet the requirements of section 128 of the 
Act. We also propose to approve North Dakota's infrastructure SIP with 
respect to the requirements of Section 110(a)(2)(E)(ii) for the 1997 
and 2006 PM2.5 NAAQS.
    8. Stationary source monitoring system: Section 110(a)(2)(F) 
requires ``(i) the installation, maintenance, and replacement of 
equipment, and the implementation of other necessary steps, by owners 
or operators of stationary sources to monitor emissions from such 
sources, (ii) periodic reports on the nature and amounts of emissions 
and emissions-related data from such sources, and (iii) correlation of 
such reports by the state agency with any emission limitations or 
standards established pursuant to the Act, which reports shall be 
available at reasonable times for public inspection.''
    a. North Dakota's response to this requirement: The State's 1997 
and 2006 PM2.5 submissions cite the NDAC 33-15-14-02.9, NDAC 
33-15-14-03.6, and NDAC 33-15-14-06.5 which require monitoring of 
emissions from stationary sources. In addition, the State cites NDCC 
23-25-03 which provides the statutory authority for monitoring.
    b. EPA Analysis: NDCC section 23-25-03.10 generally requires 
monitoring, recordkeeping, and reporting for owners and operators of 
regulated sources. North Dakota's SIP-approved minor source and PSD 
programs provide for monitoring, recordkeeping, and reporting 
requirements for sources subject to minor and major source permitting. 
North Dakota's SIP therefore meets the requirements of section 
110(a)(2)(F) for the 1997 and 2006 PM2.5 NAAQS.
    9. Emergency powers: Section 110(a)(2)(G) requires states to 
provide for authority to address activities causing imminent and 
substantial endangerment to public health, including contingency plans 
to implement the emergency episode provisions in their SIPs.
    a. North Dakota's response to this requirement: The State's 1997 
and 2006 PM2.5 submissions cite NDAC 33-15-11 (Prevention of 
Air Pollution Emergency Episodes), which provides the means to 
implement emergency air pollution episode measures and is authorized by 
NDCC 23-25-03. In addition, the State cites NDCC 28-32-32 and NDCC 28-
25-08, which grant the Department authority to take action in an 
emergency.
    b. EPA analysis: NDAC 33-15-11 and SIP Chapter 5 provide the State 
with general emergency authority comparable to that in section 303 of 
the Act. In our 2009 guidance for infrastructure requirements for the 
2006 PM2.5 NAAQS, we suggested that states that had 
monitored and recorded 24-hour PM2.5 levels greater than 
140.4 [micro]g/m\3\, using the most recent three years of data, should 
develop emergency episode plans for the areas with the monitored 
values. We also suggested that, if these levels had not been exceeded, 
states could certify that they had adequate general emergency authority 
to address PM2.5 episodes. In this rulemaking, we view these 
suggestions as still appropriate in assessing North Dakota's SIP for 
this element. North Dakota has not monitored any values above the 140.4 
[micro]g/m\3\ level for PM2.5 for the past three years 
(e.g., 2009, 2010, and 2011). Since this level was not exceeded in any 
area of the state and the State has demonstrated that it has 
appropriate general emergency powers to address PM2.5 
related episodes, no specific emergency episode plans are necessary at 
this time. The SIP therefore meets the requirements of 110(a)(2)(G) for 
the 1997 and 2006 PM2.5 NAAQS.
    10. Future SIP revisions: Section 110(a)(2)(H) requires that SIPs 
provide for revision of such plan:

    (i) from time to time as may be necessary to take account of 
revisions of such national primary or secondary ambient air quality 
standard or the availability of improved or more expeditious methods 
of attaining such standard, and
    (ii) except as provided in paragraph (3)(C), whenever the 
Administrator finds on the basis of information available to the 
Administrator that the [SIP] is substantially inadequate to attain 
the [NAAQS] which it implements or to otherwise comply with any 
additional requirements under this [Act].

    a. North Dakota's response to this requirement: The State's 1997 
and 2006 PM2.5 submissions cite the NDCC 23-25-03.8 which 
formulates and promulgates emission control requirements for the 
prevention, abatement and control of air pollution in the state. In 
addition, the State also cites Section 3.5 of the SIP which commits the 
Department to a revision of the control strategy as needed.
    b. EPA analysis: EPA approved relevant sections of the North Dakota 
SIP submitted to EPA April 6, 2009 on September 17, 2012 (77 FR 57029). 
NDCC section 23-25-03 provides adequate authority for the Department of 
Health to carry out such revisions. EPA therefore finds that the State 
has sufficient authority to meet the requirements of 110(a)(2)(H).
    11. Consultation with government officials, public notification, 
PSD and visibility protection: Section 110(a)(2)(J) requires that each 
SIP ``meet the applicable requirements of section 121 of this title 
(relating to consultation), section 127 of this title (relating to 
public notification), and part C of this subchapter (relating to PSD of 
air quality and visibility protection).''
    a. North Dakota's response to this requirement: Consultation with 
government officials: The State's 1997 and 2006 PM2.5 
submissions cite the public participation procedures in the NDAC 33-15-
14-02.6 for preconstruction review for minor sources. In addition, the 
State cites paragraph (q) of NDAC 33-15-15-01.2 for sources subject to 
PSD review. Consultation with Federal Land Managers (FLMs) for PSD 
projects is accomplished in accordance with 40 CFR 52.21 (p) which is 
incorporated by reference into NDAC 33-15-15-01.2. For enforcement 
orders, the requirements of NDCC 23-25-08 and NDCC 28-32 are followed. 
Consultation with other government agencies is addressed in Chapter 10 
of the SIP.
    Public notification: The State cites the ND SIP Section 6.9 which 
commits the Department to notification of the public during ambient air 
quality standard exceedances. The authority for this notification is 
found in NDCC 23-25-06. In addition, NDAC 33-15-11-03.1 requires the 
Department to notify the public during air pollution emergencies.
    PSD and visibility protection: The State cites adoption of the 
Federal PSD rule by reference as they exist on August 1, 2007 and July 
2, 2012. The Department is in the process of adopting the PSD rules as 
they exist on July 1, 2012. This will incorporate all existing 
requirements for PM2.5. The ``Tailoring Rule'' for 
greenhouse gases has been adopted into North Dakota PSD rules (April 
2011) and PSD applicants must address applicable requirements for 
greenhouse gases.
    Additionally, the State has a SIP in place to address visibility 
for major source (PSD) permitting (NDAC 33-15-15), specific visibility 
impairment (RAVI), and plume blight (NDAC 33-15-19).
    b. EPA Analysis:

[[Page 27905]]

    The State has demonstrated that it has the authority and rules in 
place to provide a process of consultation with general purpose local 
governments, designated organizations of elected officials of local 
governments and any Federal Land Manager having authority over federal 
land to which the SIP applies, consistent with the requirements of CAA 
section 121. EPA previously approved portions of the North Dakota SIP 
as meeting the requirements of CAA section 127 (45 FR 53475, Aug. 12, 
1980).
    As discussed above, the State has a SIP-approved PSD program that 
(for the most part) incorporates by reference the federal program at 40 
CFR 52.21. These revisions are located in chapter 33-15-15-01.2 of the 
NDAC. EPA has further evaluated North Dakota's SIP-approved PSD program 
in this proposed action under IV.3, element 110(a)(2)(C). As stated 
there, with the approval of the PM2.5 increments into the 
North Dakota SIP, the SIP-approved PSD program meets all relevant 
requirements for the 1997 and 2006 PM2.5 NAAQS.
    Finally, with regard to the applicable requirements for visibility 
protection, EPA recognizes that states are subject to visibility and 
regional haze program requirements under part C of the Act. In the 
event of the establishment of a new NAAQS, however, the visibility and 
regional haze program requirements under part C do not change. Thus, we 
find that there are no applicable visibility requirements under section 
110(a)(2)(J) when a new NAAQS becomes effective. In conclusion, the 
North Dakota SIP meets the requirements of section 110(a)(2)(J) for the 
1997 and 2006 PM2.5 NAAQS.
    12. Air quality and modeling/data: Section 110(a)(2)(K) requires 
that each SIP provide for:

    (i) the performance of such air quality modeling as the 
Administrator may prescribe for the purpose of predicting the effect 
on ambient air quality of any emissions of any air pollutant for 
which the Administrator has established a [NAAQS], and
    (ii) the submission, upon request, of data related to such air 
quality modeling to the Administrator.

    a. North Dakota's response to this requirement: The State's 1997 
and 2006 PM2.5 submissions cite Section 7.7 of the ND SIP 
which addresses air quality modeling. Modeling for minor sources is 
addressed in NDAC 33-15-14-02.4 and modeling for major PSD sources in 
40 CFR 52.21(k), (l), (m), (n) and (o) as incorporated into NDAC 33-15-
15-01.2. NDCC 23-25-03 provides authority for requiring modeling.
    b. EPA Analysis: North Dakota's SIP meets the requirements of CAA 
section 110(a)(2)(K) for the 1997 and 2006 PM2.5 NAAQS. In 
particular, North Dakota's PSD program requires estimates of ambient 
air concentrations be based on applicable air quality models specified 
in Appendix W of 40 CFR part 51, and incorporates by reference the 
provision at 40 CFR 52.21(l)(2) requiring that modification or 
substitution of a model specified in Appendix W must be approved by the 
Administrator. As a result, the SIP provides for such air quality 
modeling as the Administrator has prescribed.
    13. Permitting fees: Section 110(a)(2)(L) requires SIPs to:

    require the owner or operator of each major stationary source to 
pay to the permitting authority, as a condition of any permit 
required under this act, a fee sufficient to cover--
    (i) the reasonable costs of reviewing and acting upon any 
application for such a permit, and
    (ii) if the owner or operator receives a permit for such source, 
the reasonable costs of implementing and enforcing the terms and 
conditions of any such permit (not including any court costs or 
other costs associated with any enforcement action),
    until such fee requirement is superseded with respect to such 
sources by the Administrator's approval of a fee program under 
[title] V.

    a. North Dakota's response to this requirement: The State's 1997 
and 2006 PM2.5 submissions cite NDAC 33-15-23 which 
establishes fees for processing Permit to Construct applications, 
annual operating fees for minor sources, and fees for major sources 
under the Title V Permit to Operate program. NDCC 23-25-04.2 provides 
authority for the fees.
    b. EPA Analysis: North Dakota's submittal meets the requirements of 
CAA section 110(a)(2)(L) for the 1997 and 2006 PM2.5 NAAQS. 
Final approval of the title V operating permit program became effective 
June 17, 1999 (64 FR 32433). As discussed in that approval, the State 
demonstrated that the fees collected were sufficient to administer the 
program. In addition, the SIP contains fee provisions for construction 
permits (NDAC 33-15-23-02), including costs of processing not covered 
by the application fee.
    14. Consultation/participation by affected local entities: Section 
110(a)(2)(M) requires states to provide for consultation and 
participation in SIP development by local political subdivisions 
affected by the SIP.
    a. North Dakota's response to this requirement: The State's 1997 
and 2006 PM2.5 submissions cite the ND SIP, Chapter 10 which 
addresses the consultation process the Department will use to 
coordinate with local political subdivisions that are affected by any 
SIP revisions, and NDCC 23-25-03 which also requires consultation. The 
State also cites NDCC 23-25-02.6 (public notice).
    b. EPA Analysis: North Dakota's submittal meets the requirements of 
CAA section 10(a)(2)(M) for the 1997 and 2006 PM2.5 NAAQS.

VI. What action is EPA taking?

    In this action, EPA is proposing to approve the following 
infrastructure elements for the 1997 and 2006 PM2.5 NAAQS: 
(A), (B), (C) with respect to minor NSR and PSD requirements, (D)(ii), 
(E), (F), (G), (H), (J), (K), (L), and (M). We are proposing to approve 
(D)(i)(II) with respect to PSD requirements for the 2006 
PM2.5 NAAQS. EPA is also proposing to approve a portion of 
the State's January 24, 2013 submittal revising the State's PSD 
program: specifically, the incorporation by reference of 40 CFR part 
52, section 21, paragraphs (b)(14)(i),(ii),(iii), (b)(15)(i),(ii), and 
paragraph (c) as those paragraphs existed on January 1, 2012. 
Additionally, EPA is proposing to approve the April 8, 2013 submittal 
of revisions to Chapter 2, Section 2.15 into the North Dakota SIP. 
Finally, EPA will act separately on infrastructure element (D)(i)(I) 
for the 2006 PM2.5 NAAQS.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations (42 USC 7410(k), 40 CFR 52.02(a)). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves some state law as meeting federal 
requirements and disapproves other state law because it does not meet 
federal requirements; this proposed action does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 USC 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 USC 601 et seq.);

[[Page 27906]]

     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 USC 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Greenhouse gases, Lead, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: May 2, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
[FR Doc. 2013-11289 Filed 5-10-13; 8:45 am]
BILLING CODE 6560-50-P


