Rule2021-11888
Approval and Promulgation of Implementation Plans; North Dakota; Revisions to Air Pollution Control Rules; Regional Haze
Primary source
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Published
June 8, 2021
Effective
July 8, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing approval on a revision to the North Dakota State Implementation Plan (SIP) submitted by the State of North Dakota on November 11, 2016 and supplemented on March 15, 2021, that addresses amendments to the regional haze provisions of the North Dakota Administrative Code (NDAC). These revisions were submitted to remove certain regional haze requirements related to Best Available Retrofit Technology (BART) in the first planning period. EPA is also finalizing approval on a revision to the North Dakota SIP submitted on August 3, 2020, that addresses additional amendments to the regional haze provisions of the NDAC. The 2020 SIP revision was submitted to update the incorporation by reference date for regional haze definitions, add emission reduction requirements to make reasonable progress during the second and subsequent regional haze planning periods, and revise the regional haze monitoring, recordkeeping, and reporting requirements to be applicable under the second and subsequent planning period. EPA is taking this action pursuant to section 110 and Part C of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 86 Issue 108 (Tuesday, June 8, 2021)</title>
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[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Rules and Regulations]
[Pages 30387-30389]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11888]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0002; FRL-10024-54-Region 8]
Approval and Promulgation of Implementation Plans; North Dakota;
Revisions to Air Pollution Control Rules; Regional Haze
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval on a revision to the North Dakota State Implementation Plan
(SIP) submitted by the State of North Dakota on November 11, 2016 and
supplemented on March 15, 2021, that addresses amendments to the
regional haze provisions of the North Dakota Administrative Code
(NDAC). These revisions were submitted to remove certain regional haze
requirements related to Best Available Retrofit Technology (BART) in
the first planning period. EPA is also finalizing approval on a
revision to the North Dakota SIP submitted on August 3, 2020, that
addresses additional amendments to the regional haze provisions of the
NDAC. The 2020 SIP revision was submitted to update the incorporation
by reference date for regional haze definitions, add emission reduction
requirements to make reasonable progress during the second and
subsequent regional haze planning periods, and revise the regional haze
monitoring, recordkeeping, and reporting requirements to be applicable
under the second and subsequent planning period. EPA is taking this
action pursuant to section 110 and Part C of the Clean Air Act (CAA).
DATES: This rule is effective on July 8, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2021-0002. All documents in the docket are
listed on the <a href="http://www.regulations.gov">http://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through <a href="http://www.regulations.gov">http://www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6252, <a href="/cdn-cgi/l/email-protection#b4d0dbd6c6d5dcdad1c69aded5c7d8cddaf4d1c4d59ad3dbc2"><span class="__cf_email__" data-cfemail="5f3b303d2d3e37313a2d71353e2c3326311f3a2f3e71383029">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our April
1, 2021 proposal (86 FR 17101). In that document we proposed to approve
North Dakota's regional haze SIP revision submitted by the State of
North Dakota on November 11, 2016 and supplemented on March 15, 2021.
Specifically, we proposed to approve North Dakota's removal of NDAC
section 33-15-25-02.1 (requirement pertaining to the submittal of a
regional haze BART analysis) and section 33-15-25-03 (requirement that
references the federal guidelines for BART determinations under the
regional haze rule) from the regional haze provisions provided in NDAC
section 33-15-25.\1\
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\1\ On August 6, 2018, North Dakota submitted a SIP to EPA that
recodified the Air Pollution Control Rules, including those that
address regional haze, from NDAC section 33-15 to NDAC section 33.1-
15. EPA approved the recodification on February 5, 2019 (84 FR
1610). The recodification made the regional haze section of NDAC to
be changed from section 33-15-25 to section 33.1-15-25. The 2018 SIP
reflected the deletions of section 33.1-15-25-02.1 and section 33.1-
15.25-03 (formerly referred to as section 33-15-25-02.1 and section
33-15-25-03).
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We also proposed to approve a portion of North Dakota's August 3,
2020, SIP revision that addresses NDAC section 33.1-15-25 of the Air
Pollution Control Rules for regional haze.\2\ Specifically, we proposed
to approve the following revisions to NDAC: Section 33.1-15-25-01 which
updates the incorporation by reference date for regional haze
definitions; section 33.1-15-25-03 which adds emission reduction
requirements to make reasonable progress for the second and subsequent
planning periods; and section 33.1-15-25-04 which revises the regional
haze monitoring, recordkeeping, and reporting requirements to be
applicable to sources under the second and subsequent planning periods.
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\2\ EPA will act on the remaining portions of the ND August 3,
2020, SIP in a separate future rulemaking.
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We did not receive any comments on the proposed rule.
II. Final Action
In this action, EPA is finalizing approval on SIP amendments to
North Dakota Air Pollution Control Rules, shown in Table 1, submitted
by the State of North Dakota on November 11, 2016, and supplemented
March 15, 2021, and August 3, 2020.
Table 1--List of North Dakota Amendments That EPA Is Approving
Amended Sections in the November 11, 2016 Submittal, Supplemented March
15, 2021
NDAC section 33-15-25-02.1,\3\ NDAC section 33-15-25-03.\4\
Amended Sections in the August 3, 2020 Submittal
NDAC section 33.1-15-25-01, NDAC section 33.1-15-25-03, NDAC section
33.1-15-25-04.
III. Incorporation by Reference
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\3\ Since North Dakota's NDAC recodification in 2018, section
33-15-25-02.1 is referred to as section 33.1-15-25-02.1.
\4\ Since North Dakota's NDAC recodification in 2018, section
33-15-25-03 is referred to as section 33.1-15-25-03.
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In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
[[Page 30388]]
by reference of NDAC as described in section II of this preamble. EPA
has made, and will continue to make, these materials generally
available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\5\
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\5\ 62 FR 27968 (May 22, 1997).
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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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 9, 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, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: June 2, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ--North Dakota
0
2. In Sec. 52.1820, the table in paragraph (c) is amended by revising
the entries ``33.1-15-25-01'', 33.1-15-25-02'', ``33.1-15-25-03'', and
``33.1-15-25-04'' to read as follows:
Sec. 52.1820 Identification of plan.
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(c) * * *
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State EPA
Rule No. Rule title effective effective Final rule Comments
date date citation/date
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33.1-15-25. Regional Haze Requirements
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33.1-15-25-01............ Definitions........ 7/1/2020 7/8/2021 [insert Federal
Register
citation], 6/8/
2021.
33.1-15-25-02............ Best available 7/1/2016 7/8/2021 [insert Federal
retrofit Register
technology. citation], 6/8/
2021.
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33.1-15-25-03............ Emission reduction 7/1/2020 7/8/2021 [insert Federal
measures required Register
to make reasonable citation], 6/8/
progress toward 2021.
the national
visibility goal.
33.1-15-25-04............ Monitoring, 7/1/2020 7/8/2021 [insert Federal
recordkeeping, and Register
reporting. citation], 6/8/
2021.
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[FR Doc. 2021-11888 Filed 6-7-21; 8:45 am]
BILLING CODE 6560-50-P
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