Rule2022-16276
Air Plan Approval; North Dakota; Removal of Exemptions to Visible Air Emissions Restrictions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2022
Effective
September 1, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to North Dakota's State Implementation Plan (SIP) which it received on November 11, 2016. The revision was submitted by the North Dakota Department of Health (NDDH) in response to EPA's finding of substantial inadequacy and SIP call published on June 12, 2015 for a provision in the North Dakota SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is finalizing approval of the SIP revision and finds that the SIP revision corrects the deficiency identified in the June 12, 2015 SIP call.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 147 (Tuesday, August 2, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Rules and Regulations]
[Pages 47101-47102]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16276]
[[Page 47101]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2022-0359; FRL-9886-02-R8]
Air Plan Approval; North Dakota; Removal of Exemptions to Visible
Air Emissions Restrictions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to North Dakota's State Implementation
Plan (SIP) which it received on November 11, 2016. The revision was
submitted by the North Dakota Department of Health (NDDH) in response
to EPA's finding of substantial inadequacy and SIP call published on
June 12, 2015 for a provision in the North Dakota SIP related to excess
emissions during startup, shutdown, and malfunction (SSM) events. EPA
is finalizing approval of the SIP revision and finds that the SIP
revision corrects the deficiency identified in the June 12, 2015 SIP
call.
DATES: This rule is effective on September 1, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2022-0359. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the docket, some
information may not be 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">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: Ellen Schmitt, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number: (303) 312-6728, email address:
<a href="/cdn-cgi/l/email-protection#413222292c2835356f242d2d242f012431206f262e37"><span class="__cf_email__" data-cfemail="0370606b6e6a77772d666f6f666d436673622d646c75">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it refers to EPA.
I. Background
On June 2, 2022 (87 FR 33461), EPA proposed to approve a November
11, 2016 SIP revision submitted by the State of North Dakota, through
NDDH.\1\ In that proposal, we proposed to determine that the SIP
revision corrects the deficiency with respect to North Dakota's SIP
that we identified in our June 12, 2015 action entitled ``State
Implementation Plans: Response to Petition for Rulemaking; Restatement
and Update of EPA's SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to
Excess Emissions During Periods of Startup, Shutdown and Malfunction,''
(80 FR 33839, June 12, 2015), hereafter referred to as the ``2015 SSM
SIP Action.'' The reasons for our proposed approval and determination
are stated in the proposed action (87 FR 33461, June 2, 2022) and will
not be restated here. The public comment period for our proposed
approval and determination ended on July 5, 2022, and one comment in
support of final approval was received. Therefore, we are finalizing
our action as proposed.
---------------------------------------------------------------------------
\1\ In 2017, the North Dakota state legislature created a new
State Department of Environmental Quality (NDDEQ) that assumed all
the duties and responsibilities of the NDDH's Environmental Health
Section. To accommodate the new NDDEQ, the North Dakota Air
Pollution Control Law was recodified in the North Dakota Century
Code (NDCC) as NDCC 23.1-06 and the Air Pollution Rules were
recodified in the North Dakota Administrative Code (NDAC) as NDAC
33.1-15.
---------------------------------------------------------------------------
II. Final Action
EPA is approving North Dakota's SIP revision which we received on
November 11, 2016. The revision removes provision 33.1-15-03-04.3 from
North Dakota's SIP.\2\ EPA has also determined that this SIP revision
corrects the deficiency identified in the 2015 SSM SIP Action.
---------------------------------------------------------------------------
\2\ In North Dakota's November 11, 2016 SIP submission, the
State refers to provision 33-15-03.04.3. However, shortly after
North Dakota submitted the SIP revision to EPA, the State created a
new environmental agency and North Dakota's Air Pollution rules were
recodified as 33.1-15 instead of 33-15. Therefore, the current and
correct codification of the provision which is being removed under
this action is 33.1-15-03-04.3.
---------------------------------------------------------------------------
III. Incorporation by Reference
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 by reference of ``33.1-15-03-
04.3'' in 40 CFR 52.1820. As described in Section II of this preamble,
EPA's finalization of the revision of ``33.1-15-03-04'' incorporates
the removal of provision ``33.1-15-03-04.3''. EPA has made, and will
continue to make, these documents 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).
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this
action merely approves removal of state law not meeting Federal
requirements and does not impose additional requirements beyond those
already 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, as 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
[[Page 47102]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 3, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 25, 2022.
KC Becker,
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 entry ``33.1-15-03-04'' under the heading ``33.1-15-03. Restriction
of Emission of Visible Air Contaminants'' to read as follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Rule No. Rule title effective EPA effective Final rule citation/date Comments
date date
--------------------------------------------------------------------------------------------------------------------------------------------------------
33.1-15-03. Restriction of Emission of Visible Air Contaminants
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
33.1-15-03-04.................... Exceptions....................... 7/1/16 9/1/22 [insert Federal Register This revision removes
citation], 8/2/22. provision ``33.1-15-03-
04.3''.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-16276 Filed 8-1-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 2, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.