
[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Pages 45866-45869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18039]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0726, FRL-9839-9]


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: Final rule.

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SUMMARY: EPA is approving 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 fine 
particulate matter (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 SIPs to ensure that they meet 
infrastructure requirements. The State of North Dakota submitted 
certifications of their infrastructure SIP on August 12, 2010 and May 
22, 2012 for the 2006 PM2.5 NAAQS. In addition, the State of 
North Dakota submitted a certification of their infrastructure SIP on 
May 25, 2012 for the 1997 PM2.5 NAAQS. EPA is also approving 
SIP revisions that the State of North Dakota submitted that update the 
Prevention of Significant Deterioration (PSD) program and the SIP 
provisions regarding state boards.

DATES: Effective Date: This final rule is effective August 29, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No.EPA-R08-OAR-2011-0726. All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through 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 NAAQS mean or refer to national ambient air quality 
standards.
(vi) The initials NSR mean or refer to new source review.
(vii) The initials PM mean or refer to particulate matter.
(viii) The initials PM2.5 mean or refer to particulate 
matter with an aerodynamic diameter of less than 2.5 micrometers 
(fine particulate matter).
(ix) The initials PSD mean or refer to Prevention of Significant 
Deterioration.
(x) The initials SIP mean or refer to State Implementation Plan.

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews.

I. Background

    Infrastructure requirements for SIPs are provided in sections 
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific 
infrastructure elements that a SIP must contain or satisfy. The 
elements that are the subject of this action are described in detail in 
our notice of proposed rulemaking (NPR), published on May 13, 2013 (78 
FR 27898).
    In the NPR, EPA proposed to approve North Dakota's submissions for 
the following infrastructure elements for the 1997 and 2006 
PM2.5 NAAQS: CAA section 110(a)(2)(A), (B), (C) with respect 
to minor NSR and PSD requirements, (D)(ii), (E), (F), (G), (H), (J), 
(K), (L), and (M). We proposed to

[[Page 45867]]

approve North Dakota's submissions for element (D)(i)(II) with respect 
to PSD requirements for the 2006 PM2.5 NAAQS. In conjunction 
with our action on North Dakota's infrastructure SIP submittals, EPA 
also proposed to approve a portion of the State's January 24, 2013 
submittal revising the State's PSD program: specifically, the portion 
incorporating by reference the text of 40 CFR part 52, section 21, 
paragraphs (b)(14)(i), (ii), and (iii); (b)(15)(i) and (ii); and 
paragraph (c) as those paragraphs existed on January 1, 2012. 
Additionally, EPA proposed to approve the portion of the April 8, 2013 
submittal that revised Chapter 2, Section 2.15, Respecting Boards. 
Finally, EPA will act separately on infrastructure element (D)(i)(I) 
for the 2006 PM2.5 NAAQS.
    The approval of the above portion of the January 24, 2013 submittal 
incorporates the PM2.5 increments into the State's PSD 
program and updates the program to meet the current requirements for 
all regulated NSR pollutants. As a result, North Dakota's SIP satisfies 
the PSD requirements in infrastructure elements (C) and (J). In 
addition, with our approval of the portion of the April 8, 2013 
submittal regarding state boards, the North Dakota SIP meets the 
current requirements for section 128 and element (E)(ii) regarding 
disclosure requirements that apply to any person that approves permits 
or enforcement orders under North Dakota's implementation of the CAA.

II. Response to Comments

    No comments were received on our May 13, 2013 NPR.

III. Final Action

    EPA is approving the following infrastructure elements for the 1997 
and 2006 PM2.5 NAAQS: CAA 110(a)(2)(A), (B), (C) with 
respect to minor NSR and PSD requirements, (D)(ii), (E), (F), (G), (H), 
(J), (K), (L), and (M). EPA is approving (D)(i)(II) with respect to PSD 
requirements for the 2006 PM2.5 NAAQS. EPA is approving a 
portion of the State's January 24, 2013 submittal revising the State's 
PSD program. Specifically, we are approving the inclusion into the 
North Dakota SIP of the text of 40 CFR part 52, section 21, paragraphs 
(b)(14)(i), (ii), and (iii); (b)(15)(i) and (ii); and paragraph (c) as 
those paragraphs existed on January 1, 2012. Additionally, EPA is 
approving the portion of the April 8, 2013 submittal revising Chapter 
2, Section 2.15, Respecting Boards. Finally, EPA will act separately on 
infrastructure element (D)(i)(I) for the 2006 p.m. 2.5 
NAAQS.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, 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 Clean Air Act; 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.
    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 September 30, 2013. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 12, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart JJ--North Dakota

0
2. Section 52.1820 is amended by:
0
a. Revising provision, 35-15-15-01.2 within table (c).

[[Page 45868]]

0
b. Revising table (e) item (1), and adding item (31) to table (e).
    The revisions read as follows:


Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *

                                        State of North Dakota Regulations
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                                                           State
      State citation             Title/subject           effective      EPA approval date       Explanations
                                                           date           and citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         33-15-15 Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
33-15-15-01.2............  Scope....................        10/27/10  9/27/12, 77 FR 64734  Also refer to 40 CFR
                                                                                             52.1829(c), (d).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

 
----------------------------------------------------------------------------------------------------------------
                                Applicable geographic   State submittal    EPA approval
   Name of nonregulatory SIP      or non-attainment      date/adopted        date and           Explanations
           provision                     area                date            citations
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(1) Implementation Plan for     Statewide............  Submitted: 1/24/  5/31/72, 37 FR    Excluding subsequent
 the Control of Air Pollution                           72; Adopted: 1/   10842.            revisions, as
 for the State of North Dakota.                         24/72.                              follows: Chapters 1,
                                                                                            2, 6, 7, 9, 11, and
                                                                                            12; Sections 1.14,
                                                                                            2.11, 2.15, 3.7,
                                                                                            6.8, 6.10, 6.11,
                                                                                            6.13, 7.7, and 8.3;
                                                                                            and Subsections
                                                                                            3.2.1, 5.2.1,
                                                                                            6.11.3, 7.8.1.A,
                                                                                            7.8.1.B, 7.8.1.C,
                                                                                            and 8.3.1. Revisions
                                                                                            to these non-
                                                                                            regulatory
                                                                                            provisions have
                                                                                            subsequently been
                                                                                            approved. See below.
 
                                                  * * * * * * *
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(31) Revisions to Chapter 2,    Statewide............  3/1/13..........  7/30/13 AND       .....................
 Section 2.15, Respecting                                                 CITATION OF
 Boards (revised).                                                        FINAL RULE].
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* * * * *

0
3. Section 52.1829 is amended by adding paragraphs (c) and (d) as 
follows:


Sec.  52.1829  Prevention of significant deterioration of air quality.

* * * * *
    (c) Definitions. For the purpose of this section:
    (1) ``Major source baseline date'' means:
    (i) In the case of PM10 and sulfur dioxide, January 6, 
1975;
    (ii) In the case of nitrogen dioxide, February 8, 1988; and
    (iii) In the case of PM2.5, October 20, 2010.
    (2) ``Minor source baseline date'' means the earliest date after 
the trigger date on which a major stationary source or a major 
modification subject to 40 CFR 52.21 or to regulations approved 
pursuant to 40 CFR 51.166 submits a complete application under the 
relevant regulations. The trigger date is:
    (i) In the case of PM10 and sulfur dioxide, August 7, 
1977;
    (ii) In the case of nitrogen dioxide, February 8, 1988; and
    (iii) In the case of PM2.5, October 20, 2011.
    (3) The baseline date is established for each pollutant for which 
increments or other equivalent measures have been established if:
    (i) The area in which the proposed source or modification would 
construct is designated as attainment or unclassifiable under section 
107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of 
its complete application under 40 CFR 52.21 or under regulations 
approved pursuant to 40 CFR 51.166; and
    (ii) In the case of a major stationary source, the pollutant would 
be emitted in significant amounts, or, in the case of a major 
modification, there would be a significant net emissions increase of 
the pollutant.
    (4) ``Baseline area'' means any intrastate area (and every part 
thereof) designated as attainment or unclassifiable under section 
107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major 
modification establishing the minor source baseline date would 
construct or would have an air quality impact for the pollutant for 
which the baseline date is established, as follows: equal to or greater 
than 1 [micro]g/m\3\ (annual average) for SO2, 
NO2, or PM10; or equal or greater than 0.3 
[micro]g/m\3\ (annual average) for PM2.5.
    (5) Area redesignations under section 107(d)(1)(A)(ii) or (iii) of 
the Act cannot intersect or be smaller than the area of impact of any 
major stationary source or major modification which:
    (i) Establishes a minor source baseline date; or

[[Page 45869]]

    (ii) Is subject to 40 CFR 52.21 and would be constructed in the 
same state as the state proposing the redesignation.
    (d) Ambient air increments. (1) In areas designated as Class I, II 
or III, increases in pollutant concentration over the baseline 
concentration shall be limited to the following:

------------------------------------------------------------------------
                                                             Maximum
                                                            allowable
                                                             increase
                       Pollutant                           (micrograms
                                                            per cubic
                                                              meter)
------------------------------------------------------------------------
                              Class I Area
------------------------------------------------------------------------
PM2.5:
  Annual arithmetic mean...............................              1
  24-hr maximum........................................              2
PM10:
  Annual arithmetic mean...............................              4
  24-hr maximum........................................              8
Sulfur dioxide:
  Annual arithmetic mean...............................              2
  24-hr maximum........................................              5
  3-hr maximum.........................................             25
Nitrogen dioxide:
  Annual arithmetic mean...............................              2.5
------------------------------------------------------------------------
                              Class II Area
------------------------------------------------------------------------
PM2.5:
  Annual arithmetic mean...............................              4
  24-hr maximum........................................              9
PM10:
  Annual arithmetic mean...............................             17
  24-hr maximum........................................             30
Sulfur dioxide:
  Annual arithmetic mean...............................             20
  24-hr maximum........................................             91
  3-hr maximum.........................................            512
Nitrogen dioxide:
  Annual arithmetic mean...............................             25
------------------------------------------------------------------------
                             Class III Area
------------------------------------------------------------------------
PM2.5:
  Annual arithmetic mean...............................              8
  24-hr maximum........................................             18
PM10:
  Annual arithmetic mean...............................             34
  24-hr maximum........................................             60
Sulfur dioxide:
  Annual arithmetic mean...............................             40
  24-hr maximum........................................            182
  3-hr maximum.........................................            700
Nitrogen dioxide:
  Annual arithmetic mean...............................             50
------------------------------------------------------------------------

    (2) For any period other than an annual period, the applicable 
maximum allowable increase may be exceeded during one such period per 
year at any one location.

0
4. Section 52.1833 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.1833  Section 110(a)(2) infrastructure requirements.

* * * * *
    (c) EPA is approving the following infrastructure elements for the 
1997 and 2006 PM2.5 NAAQS: CAA section 110(a)(2)(A), (B), 
(C) with respect to minor NSR and PSD requirements, (D)(ii), (E), (F), 
(G), (H), (J), (K), (L), and (M). EPA is approving (D)(i)(II) with 
respect to PSD requirements for the 2006 PM2.5 NAAQS.

[FR Doc. 2013-18039 Filed 7-29-13; 8:45 am]
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