80 FR 41450 - Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, and 2010 NO2 National Ambient Air Quality Standards; North Dakota
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 135 (July 15, 2015)
Federal Register Volume 80, Issue 135 (July 15, 2015)
| Page Range | 41450-41460 | |
| FR Document | 2015-17380 |
[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)] [Proposed Rules] [Pages 41450-41460] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17380] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2012-0974, FRL-9930-42-Region-8] Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, and 2010 NO[bdi2] National Ambient Air Quality Standards; North Dakota AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve elements of State Implementation Plan (SIP) revisions from the State of North Dakota to demonstrate the State meets infrastructure requirements of the Clean Air Act (Act or CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on March 12, 2008, lead (Pb) on October 15, 2008 and nitrogen dioxide (NO2 ) on January 22, 2010. EPA is also proposing to approve element 4 of CAA section 110(a)(2)(D)(i)(II) for the 2006 fine particulate matter (PM2.5 ) NAAQS. Section 110(a) of the CAA requires that each state submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA. DATES: Written comments must be received on or before August 14, 2015. ADDRESSES: The EPA has established a docket for this action under Docket Identification Number EPA-R08-OAR-2012-0974. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in the hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 8, Office of Partnership and Regulatory Assistance, Air Program, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. The Regional Office's official hours of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding federal holidays. An electronic copy of the State's SIP compilation is also available at http://www.epa.gov/region8/air/sip.html. FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. 303-312-6563, [email protected]. SUPPLEMENTARY INFORMATION: 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. 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 volume, 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 March 12, 2008, EPA promulgated a new NAAQS for ozone, revising the levels of the primary and secondary 8- [[Page 41451]] hour ozone standards from 0.08 parts per million (ppm) to 0.075 ppm (73 FR 16436). Subsequently, on October 15, 2008, EPA revised the level of the primary and secondary Pb NAAQS from 1.5 micrograms per cubic meter ([mu]g/m\3\) to 0.15 [mu]g/m\3\ (73 FR 66964). On January 22, 2010, EPA promulgated a new 1-hour primary NAAQS for NO 2 at a level of 100 parts per billion (ppb) while retaining the annual standard of 53 ppb. The 2010 NO2 NAAQS is expressed as the three year average of the 98th percentile of the annual distribution of daily maximum 1-hour average concentrations. The secondary NO2 NAAQS remains unchanged at 53 ppb (75 FR 6474, Feb. 9, 2010). EPA promulgated a revised NAAQS for PM2.5 on October 17, 2006, tightening the level of the 24-hour standard to 35 [micro]g/m\3\ and retaining the level of the annual PM2.5 standard at 15 [micro]g/m\3\. EPA approved element 110(a)(2)(D)(i)(I) (discussed below) of North Dakota's infrastructure SIP for this NAAQS on July 29, 2013 (78 FR 45457). EPA approved all other infrastructure elements (aside from element 110(a)(2)(D)(i)(II) regarding visibility) of North Dakota's 2006 PM2.5 infrastructure SIP on July 30, 2013 (78 FR 45866). We are acting on the visibility element in this action. Under sections 110(a)(1) and (2) of the CAA, states are required to submit infrastructure SIPs to ensure their SIPs provide for implementation, maintenance, and enforcement of the NAAQS. These submissions must contain any revisions needed for meeting the applicable SIP requirements of section 110(a)(2), or certifications that their existing SIPs for ozone, Pb, and NO2 already meet those requirements. EPA highlighted this statutory requirement in an October 2, 2007, guidance document entitled ``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality Standards'' (2007 Memo). On September 25, 2009, EPA issued an additional guidance document pertaining to the 2006 PM2.5 NAAQS entitled ``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24- Hour Fine Particle (PM2.5 ) National Ambient Air Quality Standards (NAAQS)'' (2009 Memo), followed by the October 14, 2011, ``Guidance on Infrastructure SIP Elements Required Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS)'' (2011 Memo). Most recently, EPA issued ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and (2)'' on September 13, 2013 (2013 Memo). III. What is the scope of this rulemaking? EPA is acting upon the SIP submissions from North Dakota that address the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for the 2008 ozone, 2008 Pb, and 2010 NO2 NAAQS. The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),'' and these SIP submissions are to provide for the ``implementation, maintenance, and enforcement'' of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ``[e]ach such plan'' submission must address. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as ``infrastructure SIP'' submissions. Although the term ``infrastructure SIP'' does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA, such as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to address the nonattainment planning requirements of part D of title I of the CAA; ``regional haze SIP'' submissions required by EPA rule to address the visibility protection requirements of CAA section 169A; and nonattainment new source review (NSR) permit program submissions to address the permit requirements of CAA, title I, part D. Section 110(a)(1) addresses the timing and general requirements for infrastructure SIP submissions, and section 110(a)(2) provides more details concerning the required contents of these submissions. The list of required elements provided in section 110(a)(2) contains a wide variety of disparate provisions, some of which pertain to required legal authority, some of which pertain to required substantive program provisions, and some of which pertain to requirements for both authority and substantive program provisions.\1\ EPA therefore believes that while the timing requirement in section 110(a)(1) is unambiguous, some of the other statutory provisions are ambiguous. In particular, EPA believes that the list of required elements for infrastructure SIP submissions provided in section 110(a)(2) contains ambiguities concerning what is required for inclusion in an infrastructure SIP submission. --------------------------------------------------------------------------- \1\ For example: Section 110(a)(2)(E)(i) provides that states must provide assurances that they have adequate legal authority under state and local law to carry out the SIP; section 110(a)(2)(C) provides that states must have a SIP-approved program to address certain sources as required by part C of title I of the CAA; and section 110(a)(2)(G) provides that states must have legal authority to address emergencies as well as contingency plans that are triggered in the event of such emergencies. --------------------------------------------------------------------------- Examples of some of these ambiguities and the context in which EPA interprets the ambiguous portions of section 110(a)(1) and 110(a)(2) are discussed at length in our notice of proposed rulemaking: Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 and 2006 PM2.5 , 2008 Lead, 2008 Ozone, and 2010 NO2 National Ambient Air Quality Standards; South Dakota (79 FR 71040 Dec. 1, 2014) under ``III. What is the Scope of this Rulemaking?'' With respect to certain other issues, EPA does not believe that an action on a state's infrastructure SIP submission is necessarily the appropriate type of action in which to address possible deficiencies in a state's existing SIP. These issues include: (i) Existing provisions related to excess emissions from sources during periods of startup, shutdown, or malfunction (SSM) that may be contrary to the CAA and EPA's policies addressing such excess emissions; (ii) existing provisions related to ``director's variance'' or ``director's discretion'' that may be contrary to the CAA because they purport to allow revisions to SIP-approved emissions limits while limiting public process or not requiring further approval by EPA; and (iii) existing provisions for Prevention of Significant Deterioration (PSD) programs that may be inconsistent with current requirements of EPA's ``Final NSR Improvement Rule,'' 67 FR 80186, Dec. 31, 2002, as amended by 72 FR 32526, June 13, 2007. (``NSR Reform''). IV. What infrastructure elements are required under sections 110(a)(1) and (2)? CAA section 110(a)(1) provides the procedural and timing requirements for SIP submissions after a new or revised NAAQS is promulgated. Section [[Page 41452]] 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 resources and 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. 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 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 to the nonattainment NSR portion of section 110(a)(2)(C) or related to 110(a)(2)(I). Furthermore, EPA interprets the CAA section 110(a)(2)(J) provision on visibility as not being triggered by a new NAAQS because the visibility requirements in part C, title 1 of the CAA are not changed by a new NAAQS. V. How did North Dakota address the infrastructure elements of sections 110(a)(1) and (2)? The North Dakota Department of Health (Department or NDDH) submitted certification of North Dakota's infrastructure SIP for the 2008 Pb NAAQS on May 25, 2012, and joint certifications for the 2008 ozone and the 2010 NO 2 NAAQS on March 7, 2013. North Dakota's infrastructure certifications demonstrate how the State, where applicable, has plans in place that meet the requirements of section 110 for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. These plans reference the current North Dakota Air Pollution Control Rules (NDAC) and North Dakota Century Code (NDCC). These submittals are available within the electronic docket for today's proposed action at www.regulations.gov. The NDAC and NDCC referenced in the submittals are publicly available at https://www.ndhealth.gov/aq/AirRules.htm and http://www.legis.nd.gov/general-information/north-dakota-century-code. North Dakota's SIP, air pollution control regulations, and statutes that have been previously approved by EPA and incorporated into the North Dakota SIP can be found at 40 CFR 52.1820. VI. Analysis of the State Submittals 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 this Act. Multiple SIP-approved State air quality regulations within the NDAC and cited in North Dakota's certifications provide enforceable emission limitations and other control measures, means of techniques, schedules for compliance, and other related matters necessary to meet the requirements of the CAA section 110(a)(2)(A) for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS, subject to the following clarifications. First, this infrastructure element does not require the submittal of regulations or emission limitations developed specifically for attaining the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. Furthermore, North Dakota has no areas designated as nonattainment for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. North Dakota's certifications (contained within this docket) generally listed provisions within its SIP which regulate pollutants through various programs, including major and minor source permit programs. This suffices, in the case of North Dakota, to meet the requirements of section 110(a)(2)(A) for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. Second, as previously discussed, EPA is not proposing to approve or disapprove any existing state rules with regard to director's discretion or variance provisions. A number of states, including North Dakota, have such provisions which are contrary to the CAA and existing EPA guidance (52 FR 45109, Nov. 24, 1987), and the agency plans to take action in the future to address such state regulations. In the meantime, EPA encourages any state having a director's discretion or variance provision which is contrary to the CAA and EPA guidance to take steps to correct the deficiency as soon as possible. Finally, in this action, EPA is also not proposing to approve or disapprove any existing state provision with regard to excess emissions during SSM of operations at a facility. A number of states, including North Dakota, have SSM provisions which are contrary to the CAA and existing EPA guidance \2\ and the agency is addressing such state regulations separately (80 FR 33840, June 12, 2015). --------------------------------------------------------------------------- \2\ Steven Herman, Assistant Administrator for Enforcement and Compliance Assurance, and Robert Perciasepe, Assistant Administrator for Air and Radiation, Memorandum to EPA Air Division Directors, ``State Implementation Plans (SIPs): Policy Regarding Emissions During Malfunctions, Startup, and Shutdown.'' (September 20, 1999). --------------------------------------------------------------------------- Therefore, EPA is proposing to approve North Dakota's infrastructure SIP for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS with respect to the general requirement in section 110(a)(2)(A) to include enforceable emission limitations and other control measures, means, or techniques to meet the applicable requirements of this element. 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.'' Ambient monitoring is covered in Chapter 6 of the North Dakota SIP. It provides for the design and operation of a monitoring network, reporting of data obtained from the monitors, and annual network review including notification to [[Page 41453]] EPA of any changes, and public notification of exceedances of NAAQS. EPA approved North Dakota's Division of Air Quality's (DAQ) 2013 Ambient Air Monitoring Network Plan for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS on April 2, 2015. North Dakota's air monitoring programs and data systems meet the requirements of CAA section 110(a)(2)(B) for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. 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 NAAQS are achieved, including a permit program as required in parts C and D. 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 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. As explained elsewhere 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 With respect to elements (C) and (J), EPA interprets the CAA to require each state to make an infrastructure SIP submission for a new or revised NAAQS that demonstrates that the air agency has a complete PSD permitting program meeting the current requirements for all regulated NSR pollutants. The requirements of element (D)(i)(II) may also be satisfied by demonstrating the air agency has a complete PSD permitting program correctly addressing all regulated NSR pollutants. North Dakota has shown that it currently has a PSD program in place that covers all regulated NSR pollutants, including greenhouse gases (GHGs). 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. 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. On June 23, 2014, the United States Supreme Court issued a decision addressing the application of PSD permitting requirements to GHG emissions, Utility Air Regulatory Group v. Environmental Protection Agency, 134 S.Ct. 2427. The Supreme Court said that EPA may not treat GHGs as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD permit. The Supreme Court also said that EPA could continue to require that PSD permits, otherwise required based on emissions of pollutants other than GHGs, contain limitations on GHG emissions based on the application of Best Available Control Technology (BACT). In order to act consistently with its understanding of the Court's decision pending further judicial action to effectuate the decision, EPA is not continuing to apply EPA regulations that would require that SIPs include permitting requirements that the Supreme Court found impermissible. Specifically, EPA is not applying the requirement that a state's SIP-approved PSD program require that sources obtain PSD permits when GHGs are the only pollutant (i) that the source emits or has the potential to emit above the major source thresholds, or (ii) for which there is a significant emissions increase and a significant net emissions increase from a modification (e.g., 40 CFR 51.166(b)(48)(v)). EPA anticipates a need to revise federal PSD rules in light of the Supreme Court opinion. In addition, EPA anticipates that many states will revise their existing SIP-approved PSD programs in light of the Supreme Court's decision. The timing and content of subsequent EPA actions with respect to EPA regulations and state PSD program approvals are expected to be informed by additional legal process before the United States Court of Appeals for the District of Columbia Circuit. At this juncture, EPA is not expecting states to have revised their PSD programs for purposes of infrastructure SIP submissions and is only evaluating such submissions to assure that the state's program correctly addresses GHGs consistent with the Supreme Court's decision. At present, EPA has determined that North Dakota's SIP is sufficient to satisfy elements (C), (D)(i)(II), and (J) with respect to GHGs because the PSD permitting program previously approved by EPA into the SIP continues to require that PSD permits (otherwise required based on emissions of pollutants other than GHGs) contain limitations on GHG emissions based on the application of BACT. Although the approved North Dakota PSD permitting program may currently contain provisions that are no longer necessary in light of the Supreme Court decision, this does not render the infrastructure SIP submission inadequate to satisfy elements (C), (D)(i)(II), and (J). The SIP contains the necessary PSD requirements at this time, and the application of those requirements is not impeded by the presence of other previously-approved provisions regarding the permitting of sources of GHGs that EPA does not consider necessary at this time in light of the Supreme Court decision. Accordingly, the Supreme Court decision does not affect EPA's proposed approval of North Dakota's infrastructure SIP as to the requirements of elements (C), (D)(i)(II), and (J). Finally, we evaluate the PSD program with respect to current requirements for PM2.5 . In particular, on May 16, 2008, EPA promulgated the rule, ``Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5 )'' (73 FR 28321) and on October 20, 2010 EPA promulgated the 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 these PM2.5 rules as a necessary requirement when assessing a PSD program for the purposes of element (C). On January 4, 2013, the U.S. Court of Appeals, in Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.), issued a judgment that remanded EPA's 2007 and 2008 rules implementing the 1997 PM2.5 NAAQS. The court ordered [[Page 41454]] 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 ),'' (73 FR 28321, May 16, 2008), promulgated NSR requirements for implementation of PM2.5 in nonattainment areas (nonattainment 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 Implementation 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 Implementation rule in order to comply with the court's decision. Accordingly, EPA's proposed approval of North Dakota's infrastructure SIP as to elements C 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 three 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. The second 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). 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 (77 FR 64736, Oct. 23, 2012). This SIP revision also addressed the requirements of the 2008 PM2.5 NSR Implementation Rule. On January 1, 2012, the State submitted revisions to chapter 33-15-15-01.2, Scope, of the NDAC that adopted all elements of the 2010 PM2.5 Increment Rule by incorporating by reference the federal PSD program at 40 CFR part 52, section 21, as it existed on January 1, 2012. The submitted revisions make North Dakota's PSD program up to date with respect to current requirements for PM2.5 . EPA approved the necessary portions of North Dakota's January 24, 2013 submission which incorporate the requirements of the 2010 PM2.5 Increment Rule on July 30, 2013 (78 FR 45866). North Dakota's SIP-approved PSD program meets current requirements for PM2.5 . EPA therefore is proposing to approve North Dakota's SIP for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS with respect to the requirement in section 110(a)(2)(C) to include a PSD permit program in the SIP as required by part C of the Act. Minor NSR The State has a SIP-approved minor NSR program, adopted under section 110(a)(2)(C) of the Act. The minor NSR program was originally approved by EPA on August 21, 1995 (60 FR 43401). Since approval of the minor NSR program, the State and EPA have relied on the 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. EPA is proposing to approve North Dakota's infrastructure SIP for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS with respect to the general requirement in section 110(a)(2)(C) to include a program in the SIP that regulates the enforcement, modification and construction of any stationary source as necessary to assure that the NAAQS are achieved. 4. Interstate Transport: The interstate transport provisions in CAA section 110(a)(2)(D)(i) (also called ``good neighbor'' provisions) require each state to submit a SIP that prohibits emissions that will have certain adverse air quality effects in other states. CAA section 110(a)(2)(D)(i) identifies four distinct elements related to the impacts of air pollutants transported across state lines. The two elements under 110(a)(2)(D)(i)(I) require SIPs to contain adequate provisions to prohibit any source or other type of emissions activity within the state from emitting air pollutants that will (element 1) contribute significantly to nonattainment in any other state with respect to any such national primary or secondary NAAQS, and (element 2) interfere with maintenance by any other state with respect to the same NAAQS. The two elements under 110(a)(2)(D)(i)(II) require SIPs to contain adequate provisions to prohibit emissions that will interfere with measures required to be included in the applicable implementation plan for any other state under part C (element 3) to prevent significant deterioration of air quality or (element 4) to protect visibility. In this action, EPA is addressing all four elements of CAA section 110(a)(2)(D)(i). EPA is addressing the 2008 Pb and 2010 NO2 NAAQS with regard to elements 1 (significant contribution) and 2 (interference with maintenance). EPA is addressing elements 3 (interference with PSD) and 4 (interference with visibility protection) of 110(a)(2)(D)(i) with regard to the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS, and element 4 of 110(a)(2)(D)(i) with regard to the 2006 PM2.5 NAAQS. We are not addressing elements 1 and 2 for the 2008 ozone NAAQS in this action. These elements will be addressed in a later rulemaking. A. Evaluation of Significant Contribution to Nonattainment and Interference With Maintenance 2008 Pb NAAQS North Dakota's analysis of potential interstate transport for the 2008 Pb NAAQS includes considerations of Pb emissions at sources near the State's borders and the distance of Pb sources in North Dakota to the nearest nonattainment area. The State's analysis is available in the docket for this action. As noted in our 2011 Memo, there is a sharp decrease in Pb concentrations, at least in the coarse fraction, as the distance from a Pb source increases. For this reason, EPA found that the ``requirements of subsection (2)(D)(i)(I) (prongs 1 and 2) could be satisfied through a state's assessment as to whether or not emissions from Pb sources located in close proximity to their state borders have emissions that impact the neighboring state such that they contribute significantly to nonattainment or interfere with maintenance in that state.'' \3\ In that guidance document, EPA further specified that any source appeared unlikely to contribute significantly to nonattainment unless it was located less than 2 miles from a state border and emitted at least 0.5 tons per year of Pb. [[Page 41455]] North Dakota's 110(a)(2)(D)(i)(I) analysis specifically noted that there are no sources in the State that meet both of these criteria. EPA concurs with the State's analysis and conclusion that no North Dakota sources have the combination of Pb emission levels and proximity to nearby nonattainment or maintenance areas to contribute significantly to nonattainment in or interfere with maintenance by other states for this NAAQS. North Dakota's SIP is therefore adequate to ensure that such impacts do not occur. We are proposing to approve North Dakota's submission in that its SIP meets the requirements of section 110(a)(2)(D)(i) for the 2008 Pb NAAQS. --------------------------------------------------------------------------- \3\ 2011 Memo, at pg 8. --------------------------------------------------------------------------- 2010 NO2 NAAQS North Dakota's 2010 NO2 transport analysis for element 1 of 110(a)(2)(D)(i) notes that there are no designated nonattainment areas for the 2010 NO2 NAAQS. The State asserts that, because there are no nonattainment areas for this NAAQS, North Dakota does not significantly contribute to nonattainment. North Dakota's analysis for element 2 of 110(a)(2)(D)(i) considered the distance to the South Coast Air Basin in California, the only NO2 maintenance area in the U.S., as well as the low monitored NO2 values in North Dakota and the historically decreasing NO2 emission levels in the State. North Dakota also noted that it anticipated further decreases in NOX emissions going forward, specifically noting the decreases resulting from the State's regional haze SIP. The State's analysis is available in the docket for this action. EPA concurs with the technical components of North Dakota's 2010 NO2 transport analyses for both elements 1 and 2, but clarifies that element 1 is not specific to designated nonattainment areas. In addition to the factors considered in the State's analysis, EPA also notes that the highest monitored NO2 design values in each state bordering or near North Dakota are significantly below the NAAQS (see Table 2, below). This fact further supports the State's contention that significant contribution to nonattainment or interference with maintenance of the NO2 NAAQS from North Dakota is very unlikely based on the lack of relatively nearby areas with high NO2 . This is especially relevant for element 2 (interference with maintenance), because in addition to the lack of nonattainment areas, there are also no areas near the State approaching violation of the 2010 NO2 NAAQS which might therefore have difficulty with maintenance of the standard. Table 2--Highest Monitored 2010 NO2 NAAQS Design Values ------------------------------------------------------------------------ 2011-2013 design % of NAAQS State value (100 ppb) ------------------------------------------------------------------------ Minnesota......................... 46 ppb.............. 46 Montana........................... 46 ppb \4\.......... 46 South Dakota...................... 37 ppb.............. 37 Wyoming........................... 35 ppb.............. 35 ------------------------------------------------------------------------ * Source: http://www.epa.gov/airtrends/values.html. In addition to the monitored levels of NO2 in states near North Dakota being well below the NAAQS, North Dakota's highest design value from 2011-2013 was also significantly below this NAAQS (37 ppb).\5\ --------------------------------------------------------------------------- \4\ Montana's maximum design value was calculated using EPA's AirData Web site, at http://www.epa.gov/airquality/airdata/ad_rep_mon.html. \5\ http://www.epa.gov/airtrends/values.html. Based on all of these factors, EPA concurs with the State's conclusion that North Dakota does not contribute significantly to nonattainment or interfere with maintenance of the 2010 NO2 NAAQS in other states. EPA is therefore proposing to determine that North Dakota's SIP includes adequate provisions to prohibit sources or other emission activities within the State from emitting NO2 in amounts that will contribute significantly to nonattainment in or interfere with maintenance by any other state with respect specifically to the NO2 NAAQS. B. Evaluation of Interference With Measures To Prevent Significant Deterioration (PSD) With regard to the PSD portion of section 110(a)(2)(D)(i)(II), this requirement may be met by a state's confirmation in an infrastructure SIP submission that new major sources and major modifications in the state are subject to a comprehensive EPA-approved PSD permitting program in the SIP that applies to all regulated NSR pollutants and that satisfies the requirements of EPA's PSD implementation rule(s).\6\ As discussed in section VI.3 of this proposed action, North Dakota has such a PSD-permitting program. --------------------------------------------------------------------------- \6\ See 2013 Memo. --------------------------------------------------------------------------- As stated in the 2013 Memo, in-state sources not subject to PSD for any one or more of the pollutants subject to regulation under the CAA because they are in a nonattainment area for a NAAQS related to those particular pollutants may also have the potential to interfere with PSD in an attainment or unclassifiable area of another state. North Dakota does not contain any nonattainment areas. The consideration of nonattainment NSR for element 3 is therefore not relevant as all major sources locating in the State are subject to PSD. As North Dakota's SIP meets structural PSD requirements for all regulated NSR pollutants, and does not have any nonattainment areas, EPA is proposing to approve the infrastructure SIP submission as meeting the applicable requirements of element 3 of section 110(a)(2)(D)(i) for the 2008 Ozone, 2008 Pb and 2010 NO2 NAAQS. C. Evaluation of Interference With Measures To Protect Visibility The determination of whether the CAA section 110(a)(2)(D)(i)(II) requirement for visibility is satisfied is closely connected to EPA's Regional Haze (RH) program. Under the RH program, each state with a Class I area is required to submit a SIP with reasonable progress goals for each such area that provides for an improvement in visibility for the most impaired days and ensures no degradation of the best days. CAA Sec. 169A. Because of the often significant impacts on visibility from the interstate transport of pollutants, we interpret the provisions of CAA section 110(a)(2)(D)(i)(II) described above as requiring states to include in their SIPs measures to prohibit emissions that would interfere with the reasonable progress goals set to protect Class I areas in other states. This is consistent with the requirements in the RH program which explicitly require each state to address its share of the emission reductions needed to meet the reasonable progress goals for [[Page 41456]] surrounding Class I areas. 64 FR 35714, 35735 (July 1, 1999). States working together through a regional planning process are required to address an agreed upon share of their contribution to visibility impairment in the Class I areas of their neighbors. Given these requirements in the RH program we have concluded that a fully approved RH SIP satisfies the requirements of section 110(a)(2)(D)(i)(II) with respect to visibility. In the absence of a fully approved RH SIP, a state can still make a demonstration that its SIP satisfies the visibility requirements of section 110(a)(2)(D)(i)(II).\7\ States worked through regional planning organizations (RPOs), such as the Western Regional Air Partnership (WRAP) in the case of North Dakota, to develop strategies to address RH. To help states in establishing reasonable progress goals, the RPOs modeled future visibility conditions. The modeling assumed emissions reductions from each state, based on extensive consultation among the states as to appropriate strategies for addressing haze. In setting reasonable progress goals, states generally relied on this modeling. As a result, we generally consider a SIP that ensures emission reductions commensurate with the assumptions underlying the reasonable progress goals to meet the visibility requirement of CAA section 110(a)(2)(D)(i)(II). --------------------------------------------------------------------------- \7\ See 2013 Memo at 34. See also 76 FR 22036 (April 20, 2011) (EPA's approval of the visibility requirement of 110(a)(2)(D)(i)(II) based on a demonstration by Colorado that did not rely on the Colorado Regional Haze SIP). --------------------------------------------------------------------------- In its 2006 PM2.5 , 2008 ozone, 2008 Pb and 2010 NO2 infrastructure certifications, North Dakota points to existing portions in the North Dakota SIP, specifically referencing the North Dakota RH SIP, to certify that the State meets the visibility requirements of section 110(a)(2)(D)(i). For the 2006 PM2.5 , 2008 ozone, 2008 Pb and 2010 NO2 NAAQS, the State also references the PSD (NDAC 33-15-15) and Visibility Protection (NDAC 33- 15-19) portions of its SIP, as well as EPA's RH federal implementation plan (FIP).\8\ While Pb emissions have less impact on visibility, North Dakota addressed Pb no differently than other NAAQS in its 2008 Pb certification. Regardless, EPA noted in the 2013 Memo that ``Pb-related visibility impacts were found to be insignificant,'' and that ``significant impacts from Pb emissions from stationary sources are expected to be limited to short distances from the source.'' \9\ As stated earlier in this section, North Dakota does not have any Pb sources near bordering states. --------------------------------------------------------------------------- \8\ EPA's final action including a partial approval, partial disapproval and FIP of the North Dakota RH SIP was published in the Federal Register April 6, 2012 (77 FR 20894). \9\ See 2013 Memo at 33-34. --------------------------------------------------------------------------- In this action, we are proposing to find that the emissions reductions approved into North Dakota's RH SIP are sufficient to ensure that emissions from sources within the State do not interfere with the reasonable progress goals of nearby states. North Dakota participated in a regional planning process with the WRAP. In the regional planning process, North Dakota accepted and incorporated the WRAP-developed visibility modeling into its RH SIP, and the SIP included the controls assumed in the modeling. EPA did not fully approve the North Dakota RH SIP, as we partially disapproved, among other elements, the State's selection of NOX Best Available Retrofit Technology (BART) controls for Great River Energy's Coal Creek Station. 77 FR 20894 (April 6, 2012). As a result of our partial disapproval, North Dakota's SIP does not ensure NOX emission reductions from Coal Creek Station, emission reductions which were assumed in the WRAP's visibility modeling that was relied on in setting reasonable progress goals in nearby states.\10\ We note, however, that the North Dakota RH SIP also adopted NOX controls that were not included in the WRAP's modeling for Otter Tail Power Company's Coyote Station. EPA approved these controls into the North Dakota RH SIP as part of our April 6, 2012 final action. The SIP provision will reduce NOX emissions at Coyote Station by approximately 4,213 tons per year, a larger decrease in emissions than the assumed NOX BART reductions for Coal Creek Station of approximately 3,200 tons per year. As Coal Creek and Coyote Stations are roughly 32 miles apart, a relatively short distance, the visibility impacts from NOX emission reductions at either source on out-of-state Class I areas would be similar. --------------------------------------------------------------------------- \10\ EPA notes that we also disapproved and promulgated a FIP for the State's reasonable progress determination for Basin Electric's Antelope Valley Station. --------------------------------------------------------------------------- Because the reductions in North Dakota's approved RH SIP are greater than those assumed by the WRAP modeling, EPA is proposing to find that North Dakota's SIP includes controls sufficient to address the relevant requirements related to impacts on Class I areas in other states. 5. Interstate and International transport provisions: CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions ensuring compliance with the applicable requirements of CAA sections 126 and 115 (relating to interstate and international pollution abatement). Specifically, CAA section 126(a) requires new or modified major sources to notify neighboring states of potential impacts from the source. 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 of the EPA (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. In summary, the SIP meets the requirements of CAA section 110(a)(2)(D)(ii) for the 2008 ozone, 2008 Pb and 2010 NO2 NAAQS. 6. Adequate resources: Section 110(a)(2)(E)(i) requires states to provide 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). Section 110(a)(2)(E)(ii) also requires each state to comply with the requirements respecting state boards under CAA section 128. Section 110(a)(2)(E)(iii) requires states to ``provide 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. Sub-elements (i) and (iii): Adequate personnel, funding, and legal authority under state law to carry out its SIP, and related issues. NDCC 23-25-03 provides adequate authority for the State of North Dakota and the Department to carry out its SIP obligations with respect to the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. The State receives section 103 and 105 grant funds through its Performance Partnership Grant from EPA along with [[Page 41457]] required state matching funds to provide funding necessary to carry out North Dakota's SIP requirements. North Dakota's resources meet the requirements of CAA section 110(a)(2)(E). With respect to section 110(a)(2)(E)(iii), the regulations cited by North Dakota in their certifications and verified through additional communication \11\ (NDCC 23-25-02(01), 33-15-04-02, 23-01-05(02), 23- 25-03(5), and 23-25-10) and contained within this docket also provide the necessary assurances that the State has responsibility for adequate implementation of SIP provisions by local governments. Therefore, we propose to approve North Dakota's SIP as meeting the requirements of section 110(a)(2)(E)(i) and (E)(iii) for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. --------------------------------------------------------------------------- \11\ See Email from Tom Bachman ``Request for Clarificaitons_ND iSIP 2008 ozone, 2008 Pb, and 2010 NO2 NAAAQS'' April 13, 2015, available within docket. --------------------------------------------------------------------------- b. Sub-element (ii): State boards. Section 110(a)(2)(E)(ii) requires each state's SIP to contain provisions that comply with the requirements of section 128 of the CAA. That provision contains two explicit requirements: (i) That any board or body which approves permits or enforcement orders under the CAA shall have at least a majority of members who represent the public interest and do not derive a significant portion of their income from persons subject to such permits and enforcement orders; and (ii) that 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. On July 30, 2013 (78 FR 45866) EPA approved revised language in North Dakota's SIP, chapter 2, section 15, Respecting Boards to include provisions for addressing conflict of interest requirements. Details on how this portion of chapter 2, section 15 rules meet the requirements of section 128 are provided in our May 13, 2013 proposal notice (78 FR 27898). North Dakota's SIP continues to meet the requirements of section 110(a)(2)(E)(ii), and we propose to approve the infrastructure SIP for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS for this element. 7. 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. The North Dakota statutory provisions listed in the State's certifications (NDCC 23-25-03) and contained within this docket provide authority to establish a program for measurement and testing of sources, including requirements for sampling and testing. 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. The State cites several regulations (NDAC 33-15-14-02.9, 33-15-14-03.6, 33-15-14-06.5 and contained within this docket) requiring monitoring of emissions from stationary sources, recordkeeping and reporting of emissions, and monitoring date. Source surveillance is also addressed in Chapter 8 of the SIP. This chapter provides for the permitting of sources, inspection of the sources, recordkeeping and reporting by sources, and compliance determinations. Section 8.2 of the SIP commits the Department to the correlation of data with the applicable requirements. All reports are available for public inspection in accordance with NDAC 33-15-01-16.1. Additionally, North Dakota is required to submit emissions data to the EPA for purposes of the National Emissions Inventory (NEI). The NEI is the EPA's central repository for air emissions data. The EPA published the Air Emissions Reporting Rule (AERR) on December 5, 2008, which modified the requirements for collecting and reporting air emissions data (73 FR 76539). The AERR shortened the time states had to report emissions data from 17 to 12 months, giving states one calendar year to submit emissions data. All states are required to submit a comprehensive emissions inventory every three years and report emissions for certain larger sources annually through the EPA's online Emissions Inventory System. States report emissions data for the six criteria pollutants and their associated precursors--nitrogen oxides, sulfur dioxide, ammonia, lead, carbon monoxide, particulate matter, and volatile organic compounds. Many states also voluntarily report emissions of hazardous air pollutants. North Dakota made its latest update to the NEI on October 23, 2014. EPA compiles the emissions data, supplementing it where necessary, and releases it to the general public through the Web site http://www.epa.gov/ttn/chief/eiinformation.html. Based on the analysis above, we propose to approve the North Dakota SIP as meeting the requirements of CAA section 110(a)(2)(F) for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. 8. Emergency powers: Section 110(a)(2)(G) of the CAA requires infrastructure SIPs to ``provide for authority comparable to that in [CAA section 303] and adequate contingency plans to implement such authority.'' Under CAA section 303, the EPA Administrator has authority to bring suit to immediately restrain an air pollution source that presents an imminent and substantial endangerment to public health or welfare, or the environment.\12\ If such action may not practicably assure prompt protection, then the Administrator has authority to issue temporary administrative orders to protect the public health or welfare, or the environment, and such orders can be extended if EPA subsequently files a civil suit. --------------------------------------------------------------------------- \12\ A discussion of the requirements for meeting CAA section 303 is provided in our notice of proposed rulemaking: Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 and 2006 p.m.2.5, 2008 Lead, 2008 Ozone, and 2010 NO2 National Ambient Air Quality Standards; South Dakota (79 FR 71040, Dec. 1, 2014) under ``VI. Analysis of State Submittals, 8. Emergency powers.'' --------------------------------------------------------------------------- Chapter 23-25 of the NDCC provides relevant language and authority for ``Air Pollution Control.'' The purpose of this chapter is ``to achieve and maintain the best air quality possible'' and to ``protect human health, welfare and property, [and] prevent injury to plant and animal life'' (NDCC 23-25-01(2)). NDCC 23-25-01 defines ``air pollution'' as ``the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as is or may be injurious to human health, welfare, or property, animal or plant life, or which unreasonably interferes with the enjoyment of life or property.'' As such, the chapter aims to protect all three areas required by section 303; human health, welfare, and environment. The ``Air Pollution Control'' chapter provides general grants of authority to maintain actions in certain situations. We find these grants provide comparable authority to that provided in Section 303. Furthermore, the NDAC 33-15-01-15(1) makes it unlawful to ``permit or cause air pollution'' as defined in NDCC 23-25-01. A person causing or contributing to emissions that endanger public health, welfare, or the environment, would be causing ``air pollution'' within the meaning of North Dakota law, and would therefore be in [[Page 41458]] violation of NDAC 33-15-01-15(1). This could occur in either an emergency or non-emergency situation.\13\ --------------------------------------------------------------------------- \13\ See Email from Tom Bachman ``Request for Clarifications_ND iSIP 2008 ozone, 2008 Pb, and 2010 NO2 NAAAQS'' April 13, 2015, available within docket. --------------------------------------------------------------------------- NDCC 23-25-10(5) provides that ``the department has the authority to maintain an action in the name of the state against any person to enjoin any threatened or continuing violation of any provision of this chapter or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter.'' Under NDCC 23-25- 10(5), the Department has the authority to bring an action to enjoin a violation of NDCC 23-25 or its rules. The Department may seek a court order to restrain a source from causing or contributing to emissions that endanger public health, welfare, or the environment. In an emergency, this may take the form of an injunction or temporary restraining order (see NDCC 32-06-02).\14\ Therefore, the NDDH has the authority to seek judicial actions during emergency situations. --------------------------------------------------------------------------- \14\ See Email from Tom Bachman ``Request for Clarifications_ND iSIP 2008 ozone, 2008 Pb, and 2010 NO2 NAAAQS'' April 13, 2015, available within docket. --------------------------------------------------------------------------- North Dakota's statutes also provide the NDDH with the authority to issue administrative orders and emergency rules to protect the public health, welfare, and the environment under certain circumstances. NDCC 23-25-08, as cited in North Dakota's SIP submittals, authorizes that in the event of ``an emergency requiring immediate action to protect the public health and safety,'' the NDDH has the authority to ``issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary'' to meet the emergency. The emergency order is effective immediately. Any person who violates the order is subject to enforcement, penalties, and injunctions under NDCC 23-25-10. Furthermore, as cited in North Dakota's SIP submittals, the NDDH has the authority to ``use an emergency adjudicative proceeding, in its discretion, in an emergency situation involving imminent peril to the public health, safety, or welfare'' (NDCC 28-32-32). Accordingly, ``in an emergency, the administrative agency may take action pursuant to a specific statute as is necessary to prevent or avoid imminent peril to the public health, safety, or welfare'' (NDCC-28-32-32.1). In the absence of a specific statute requiring other administrative action, ``the administrative agency shall issue an order'' (NDCC 28-32-32(4)). Further supplemental authority is found in a broad provision, cited by the State in their SIP submittals, granting additional authority to the NDDH. The NDDH has the authority to ``[i]ssue such orders as may be necessary to effectuate the purposes'' of the ``Air Pollution Control'' chapter NDCC 23-25-03.5. These orders can be enforced ``by all appropriate administrative and judicial procedures'' (NDCC 23-25-03.5). Thus, this broad grant of authority includes the authority to issue administrative orders during air pollution emergencies which would disrupt protection of human health, welfare, and animal and plant life. The combination of NDCC and NDAC provisions discussed above provide for authority comparable to section 303 to immediately bring suit to restrain, issue emergency orders against, and use special rule adoption procedures for applicable emergencies to take prompt administrative action against, any person causing or contributing to air pollution that presents an imminent and substantial endangerment to public health or welfare, or the environment. We propose that they are sufficient to meet the authority requirement of CAA section 110(a)(2)(G). States must also have adequate contingency plans adopted into their SIP to implement the air agency's emergency episode authority (as discussed above). This can be done by submitting a plan that meets the applicable requirements of 40 CFR part 51, subpart H for the relevant NAAQS if the NAAQS is covered by those regulations. Subpart H of 40 CFR part 51 requires states to classify regions and to develop contingency plans (also known as emergency episode plans) after ambient concentrations of certain criteria pollutants in an area have exceeded specified levels. For example, if ambient concentrations of nitrogen dioxide in an area have exceeded 0.06 ppm (annual arithmetic mean), then the area is classified as a Priority I region, and the state must develop a contingency plan that meets the requirements of sections 51.151 and 51.152. North Dakota has not monitored any values above the priority cut point for ozone or NO2 . Prevention of air pollution emergency episodes is addressed in Section 5 of North Dakota's SIP and was approved on May 31, 1972 (37 FR 10842). We find that North Dakota's air pollution emergency provisions establish stages of episode criteria (Section 5.2), provide for public announcement whenever any episode stage has been determined to exist (Section 5.3), and specify emission control actions to be taken at each episode stage (Section 5.5) consistent with the EPA emergency episode SIP requirements set forth at 40 CFR part 51, subpart H (prevention of air pollution emergency episode) for ozone and NO2 . As noted in the October 14, 2011 guidance,\15\ based on EPA's experience to date with the Pb NAAQS and designating Pb nonattainment areas, EPA expects that an emergency episode associated with Pb emissions would be unlikely and, if it were to occur, would be the result of a malfunction or other emergency situation at a relatively large source of Pb. Accordingly, EPA believes the central components of a contingency plan would be to reduce emissions from the source at issue and communicate with the public as needed. We note that 40 CFR part 51, subpart H (51.150-51.152) and 40 CFR part 51, Appendix L do not apply to Pb. --------------------------------------------------------------------------- \15\ ``Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS).'' Steve Page, OAQPS Director, October 14, 2011, at p. 13. --------------------------------------------------------------------------- Based on the above analysis, we propose approval of North Dakota's SIP as meeting the requirements of CAA section 110(a)(2)(G) for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. 9. 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]. EPA approved relevant sections of the North Dakota SIP on September 17, 2012 (77 FR 57029). North Dakota's statutory provision at NDCC 23- 25-03 provides adequate authority for the Department to carry out such revisions. Therefore, we propose to approve North Dakota's SIP as meeting the requirements of CAA section 110(a)(2)(H). 10. 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 [[Page 41459]] subchapter (relating to PSD of air quality and visibility protection).'' The State has demonstrated it has the authority and rules in place through its certifications (contained within this docket) 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. Furthermore, EPA previously addressed the requirements of CAA section 127 for the North Dakota SIP and determined public notification requirements are appropriate (45 FR 53475, Aug. 12, 1980). As discussed above, the State has a SIP-approved PSD program that incorporates by reference the federal program at 40 CFR 52.21. EPA has further evaluated North Dakota's SIP approved PSD program in this proposed action under element (C) and determined the State has satisfied the requirements of element 110(a)(2)(C), as noted above. Therefore, the State has also satisfied the requirements of element 110(a)(2)(J). Finally, with regard to the applicable requirements for visibility protection, EPA recognizes 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. Based on the above analysis, we propose to approve the North Dakota SIP as meeting the requirements of CAA section 110(a)(2)(J) for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. 11. Air quality and modeling/data: Section 110(a)(2)(K) requires 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. 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 provisions at 40 CFR 52.21(I)(2) requiring that modification or substitution of a model specified in Appendix W must be approved by the Administrator. Section 7.7, Air Quality Modeling, of North Dakota's SIP commits the Department to performing air quality modeling to predict the impact of a source on air quality, and providing data to EPA upon request. As a result, the SIP provides for such air quality modeling as the Administrator has prescribed. Therefore, we propose to approve the North Dakota SIP as meeting the CAA section 110(a)(2)(K) for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. 12. Permitting fees: Section 110(a)(2)(L) requires 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. The State cites the SIP approved fee provisions for construction permits (NDAC 33-15-23-02 approved at 62 FR 19224, April 21, 1997), which include costs of processing not covered by the application fee. We also note that all the State SIPs we are proposing to approve in this action cite the regulation that provides for collection of permitting fees under North Dakota's approved title V permit program (64 FR 32433, June 17, 1999). As discussed in that approval, the State demonstrated that the fees collected were sufficient to administer the program. Therefore, based on the State's experience in relying on the funds collected through application and processing fees at NDAC 33-15-23, and the use of title V fees to implement and enforce PSD permits once they are incorporated into title V permits, we propose to approve the submissions as supplemented by the State for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. 13. 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. The statutory provisions cited in North Dakota's SIP submittals (NDCC 23-25-03 and 23-25-02, contained within this docket) meet the requirements of CAA section 110(a)(2)(M), so we propose to approve North Dakota's SIP as meeting these requirements for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS. VII. What action is EPA taking? In this action, EPA is proposing to approve the following infrastructure elements for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS: (A), (B), (C) with respect to minor NSR and PSD requirements, (D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA proposes to approve element 4 of 110(a)(2)(D)(i)(II) for the 2006 PM2.5 NAAQS. Finally, EPA proposes approval of D(i)(I) elements 1 and 2 for the 2008 Pb, and 2010 NO2 NAAQS. EPA will act separately on infrastructure element (D)(i)(I), interstate transport, for the 2008 ozone NAAQS. VIII. Statutory and Executive Orders Review 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 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 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, Oct. 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, Aug. 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); [[Page 41460]] Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and, Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, Feb. 16, 1994). 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Greenhouse gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 25, 2015. Debra H. Thomas, Acting Regional Administrator, Region 8. [FR Doc. 2015-17380 Filed 7-14-15; 8:45 am] BILLING CODE 6560-50-P
![41450 Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Proposed Rules
comment. Electronic files should avoid ENVIRONMENTAL PROTECTION at http://www.epa.gov/region8/air/
the use of special characters, any form AGENCY sip.html.
of encryption, and be free of any defects FOR FURTHER INFORMATION CONTACT:
or viruses. 40 CFR Part 52
Abby Fulton, Air Program, U.S.
Docket: All documents in the [EPA–R08–OAR–2012–0974, FRL–9930–42– Environmental Protection Agency
electronic docket are listed in the Region–8] (EPA), Region 8, Mail Code 8P–AR,
www.regulations.gov index. Although 1595 Wynkoop Street, Denver, Colorado
Promulgation of State Implementation 80202–1129. 303–312–6563,
listed in the index, some information is Plan Revisions; Infrastructure
not publicly available, i.e., CBI or other fulton.abby@epa.gov.
Requirements for the 2008 Lead, 2008
information whose disclosure is SUPPLEMENTARY INFORMATION:
Ozone, and 2010 NO2 National Ambient
restricted by statute. Certain other Air Quality Standards; North Dakota I. General Information
material, such as copyrighted material,
is not placed on the Internet and will be AGENCY: Environmental Protection What should I consider as I prepare my
publicly available only in hard copy Agency (EPA). comments for EPA?
form. Publicly available docket ACTION: Proposed rule. 1. Submitting Confidential Business
materials are available either SUMMARY: The Environmental Protection Information (CBI). Do not submit CBI to
electronically in www.regulations.gov or Agency (EPA) is proposing to approve EPA through http://www.regulations.gov
in hard copy during normal business elements of State Implementation Plan or email. Clearly mark the part or all of
hours at the Air Protection Division, (SIP) revisions from the State of North the information that you claim to be
U.S. Environmental Protection Agency, Dakota to demonstrate the State meets CBI. For CBI information on a disk or
Region III, 1650 Arch Street, infrastructure requirements of the Clean CD ROM that you mail to EPA, mark the
Philadelphia, Pennsylvania 19103. Air Act (Act or CAA) for the National outside of the disk or CD ROM as CBI
Copies of the State submittal are Ambient Air Quality Standards and then identify electronically within
available at the Delaware Department of (NAAQS) promulgated for ozone on the disk or CD ROM the specific
Natural Resources and Environmental March 12, 2008, lead (Pb) on October information that is claimed as CBI. In
Control, 89 Kings Highway, P.O. Box 15, 2008 and nitrogen dioxide (NO2) on addition to one complete version of the
January 22, 2010. EPA is also proposing comment that includes information
1401, Dover, Delaware 19903.
to approve element 4 of CAA section claimed as CBI, a copy of the comment
FOR FURTHER INFORMATION CONTACT: Mrs. 110(a)(2)(D)(i)(II) for the 2006 fine that does not contain the information
Amy Johansen, (215) 814–2156, or by particulate matter (PM2.5) NAAQS. claimed as CBI must be submitted for
email at johansen.amy@epa.gov. Section 110(a) of the CAA requires that inclusion in the public docket.
each state submit a SIP for the Information so marked will not be
SUPPLEMENTARY INFORMATION: On May disclosed except in accordance with
implementation, maintenance, and
26, 2015, EPA published a notice of procedures set forth in 40 CFR part 2.
enforcement of each NAAQS
proposed rulemaking (80 FR 30015). In 2. Tips for preparing your comments.
promulgated by EPA.
the NPR, EPA proposed disapproval of When submitting comments, remember
DATES: Written comments must be
a revision to the Delaware SIP related to to:
received on or before August 14, 2015.
nonattainment NSR preconstruction • Identify the rulemaking by docket
ADDRESSES: The EPA has established a
permit program requirements for number and other identifying
docket for this action under Docket
emission offsets. In that action, EPA information (subject heading, Federal
Identification Number EPA–R08–OAR–
proposed disapproval, because the Register volume, date, and page
2012–0974. All documents in the docket
submittal did not satisfy the number);
are listed on the http://
requirements of Clean Air Act (CAA) or • Follow directions and organize your
www.regulations.gov Web site. Although
the Federal implementing regulations, comments;
listed in the index, some information • Explain why you agree or disagree;
which establish the criteria under which may not be publicly available, i.e.,
the owner or operator of a new or • Suggest alternatives and substitute
Confidential Business Information or language for your requested changes;
modified major stationary source must other information the disclosure of • Describe any assumptions and
obtain the required emission offsets which is restricted by statute. Certain provide any technical information and/
‘‘from the same source or other sources other material, such as copyrighted or data that you used;
in the same nonattainment area’’ with material, is not placed on the Internet • If you estimate potential costs or
limited exceptions, for Delaware’s and will be publicly available only in burdens, explain how you arrived at
nonattainment NSR preconstruction the hard copy form. Publicly available your estimate in sufficient detail to
permitting program. In addition, EPA docket materials are available either allow for it to be reproduced;
proposed disapproval of the SIP electronically through http:// • Provide specific examples to
revision because Delaware exercises www.regulations.gov or in hard copy at illustrate your concerns, and suggest
authorities that are reserved for EPA EPA Region 8, Office of Partnership and alternatives;
under section 107 of the CAA. Regulatory Assistance, Air Program, • Explain your views as clearly as
1595 Wynkoop Street, Denver, Colorado possible, avoiding the use of profanity
Dated: June 25, 2015.
80202–1129. The EPA requests that you or personal threats; and,
srobinson on DSK5SPTVN1PROD with PROPOSALS
Shawn M. Garvin, contact the individual listed in the FOR • Make sure to submit your
Regional Administrator, Region III. FURTHER INFORMATION CONTACT section to comments by the comment period
[FR Doc. 2015–16919 Filed 7–14–15; 8:45 am] view the hard copy of the docket. The deadline identified.
BILLING CODE 6560–50–P Regional Office’s official hours of
business are Monday through Friday, II. Background
8:00 a.m.–4:00 p.m., excluding federal On March 12, 2008, EPA promulgated
holidays. An electronic copy of the a new NAAQS for ozone, revising the
State’s SIP compilation is also available levels of the primary and secondary 8-
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![Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Proposed Rules 41451
hour ozone standards from 0.08 parts 110(a)(1) and (2)’’ on September 13, substantive program provisions.1 EPA
per million (ppm) to 0.075 ppm (73 FR 2013 (2013 Memo). therefore believes that while the timing
16436). Subsequently, on October 15, requirement in section 110(a)(1) is
III. What is the scope of this
2008, EPA revised the level of the unambiguous, some of the other
rulemaking?
primary and secondary Pb NAAQS from statutory provisions are ambiguous. In
1.5 micrograms per cubic meter (mg/m3) EPA is acting upon the SIP particular, EPA believes that the list of
to 0.15 mg/m3 (73 FR 66964). On January submissions from North Dakota that required elements for infrastructure SIP
22, 2010, EPA promulgated a new 1- address the infrastructure requirements submissions provided in section
hour primary NAAQS for NO2 at a level of CAA sections 110(a)(1) and 110(a)(2) 110(a)(2) contains ambiguities
of 100 parts per billion (ppb) while for the 2008 ozone, 2008 Pb, and 2010 concerning what is required for
retaining the annual standard of 53 ppb. NO2 NAAQS. The requirement for states inclusion in an infrastructure SIP
The 2010 NO2 NAAQS is expressed as to make a SIP submission of this type submission.
the three year average of the 98th arises out of CAA section 110(a)(1). Examples of some of these
percentile of the annual distribution of Pursuant to section 110(a)(1), states ambiguities and the context in which
daily maximum 1-hour average must make SIP submissions ‘‘within 3 EPA interprets the ambiguous portions
concentrations. The secondary NO2 years (or such shorter period as the of section 110(a)(1) and 110(a)(2) are
NAAQS remains unchanged at 53 ppb Administrator may prescribe) after the discussed at length in our notice of
(75 FR 6474, Feb. 9, 2010). promulgation of a national primary proposed rulemaking: Promulgation of
EPA promulgated a revised NAAQS ambient air quality standard (or any State Implementation Plan Revisions;
for PM2.5 on October 17, 2006, revision thereof),’’ and these SIP Infrastructure Requirements for the 1997
tightening the level of the 24-hour submissions are to provide for the and 2006 PM2.5, 2008 Lead, 2008 Ozone,
standard to 35 mg/m3 and retaining the ‘‘implementation, maintenance, and and 2010 NO2 National Ambient Air
level of the annual PM2.5 standard at 15 enforcement’’ of such NAAQS. The Quality Standards; South Dakota (79 FR
mg/m3. EPA approved element statute directly imposes on states the 71040 Dec. 1, 2014) under ‘‘III. What is
110(a)(2)(D)(i)(I) (discussed below) of duty to make these SIP submissions, the Scope of this Rulemaking?’’
North Dakota’s infrastructure SIP for and the requirement to make the With respect to certain other issues,
this NAAQS on July 29, 2013 (78 FR submissions is not conditioned upon EPA does not believe that an action on
45457). EPA approved all other EPA taking any action other than a state’s infrastructure SIP submission is
infrastructure elements (aside from promulgating a new or revised NAAQS. necessarily the appropriate type of
element 110(a)(2)(D)(i)(II) regarding Section 110(a)(2) includes a list of action in which to address possible
visibility) of North Dakota’s 2006 PM2.5 specific elements that ‘‘[e]ach such deficiencies in a state’s existing SIP.
infrastructure SIP on July 30, 2013 (78 plan’’ submission must address. These issues include: (i) Existing
FR 45866). We are acting on the EPA has historically referred to these provisions related to excess emissions
visibility element in this action. SIP submissions made for the purpose from sources during periods of startup,
Under sections 110(a)(1) and (2) of the of satisfying the requirements of CAA shutdown, or malfunction (SSM) that
CAA, states are required to submit may be contrary to the CAA and EPA’s
sections 110(a)(1) and 110(a)(2) as
infrastructure SIPs to ensure their SIPs policies addressing such excess
‘‘infrastructure SIP’’ submissions.
provide for implementation, emissions; (ii) existing provisions
Although the term ‘‘infrastructure SIP’’
maintenance, and enforcement of the related to ‘‘director’s variance’’ or
does not appear in the CAA, EPA uses
NAAQS. These submissions must ‘‘director’s discretion’’ that may be
the term to distinguish this particular
contain any revisions needed for contrary to the CAA because they
type of SIP submission from
meeting the applicable SIP requirements purport to allow revisions to SIP-
submissions that are intended to satisfy
of section 110(a)(2), or certifications that approved emissions limits while
other SIP requirements under the CAA,
their existing SIPs for ozone, Pb, and limiting public process or not requiring
such as ‘‘nonattainment SIP’’ or
NO2 already meet those requirements. further approval by EPA; and (iii)
EPA highlighted this statutory ‘‘attainment plan SIP’’ submissions to existing provisions for Prevention of
requirement in an October 2, 2007, address the nonattainment planning Significant Deterioration (PSD)
guidance document entitled ‘‘Guidance requirements of part D of title I of the programs that may be inconsistent with
on SIP Elements Required Under CAA; ‘‘regional haze SIP’’ submissions current requirements of EPA’s ‘‘Final
Sections 110(a)(1) and (2) for the 1997 required by EPA rule to address the NSR Improvement Rule,’’ 67 FR 80186,
8-hour Ozone and PM2.5 National visibility protection requirements of Dec. 31, 2002, as amended by 72 FR
Ambient Air Quality Standards’’ (2007 CAA section 169A; and nonattainment 32526, June 13, 2007. (‘‘NSR Reform’’).
Memo). On September 25, 2009, EPA new source review (NSR) permit
program submissions to address the IV. What infrastructure elements are
issued an additional guidance document
permit requirements of CAA, title I, part required under sections 110(a)(1) and
pertaining to the 2006 PM2.5 NAAQS
D. (2)?
entitled ‘‘Guidance on SIP Elements
Required Under Sections 110(a)(1) and Section 110(a)(1) addresses the timing CAA section 110(a)(1) provides the
(2) for the 2006 24-Hour Fine Particle and general requirements for procedural and timing requirements for
(PM2.5) National Ambient Air Quality infrastructure SIP submissions, and SIP submissions after a new or revised
Standards (NAAQS)’’ (2009 Memo), section 110(a)(2) provides more details NAAQS is promulgated. Section
followed by the October 14, 2011, concerning the required contents of
srobinson on DSK5SPTVN1PROD with PROPOSALS
‘‘Guidance on Infrastructure SIP these submissions. The list of required 1 For example: Section 110(a)(2)(E)(i) provides
elements provided in section 110(a)(2) that states must provide assurances that they have
Elements Required Under Sections adequate legal authority under state and local law
110(a)(1) and (2) for the 2008 Lead (Pb) contains a wide variety of disparate to carry out the SIP; section 110(a)(2)(C) provides
National Ambient Air Quality Standards provisions, some of which pertain to that states must have a SIP-approved program to
(NAAQS)’’ (2011 Memo). Most recently, required legal authority, some of which address certain sources as required by part C of title
pertain to required substantive program I of the CAA; and section 110(a)(2)(G) provides that
EPA issued ‘‘Guidance on Infrastructure states must have legal authority to address
State Implementation Plan (SIP) provisions, and some of which pertain emergencies as well as contingency plans that are
Elements under Clean Air Act Sections to requirements for both authority and triggered in the event of such emergencies.
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![41456 Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Proposed Rules
surrounding Class I areas. 64 FR 35714, limited to short distances from the the applicable requirements of CAA
35735 (July 1, 1999). States working source.’’ 9 As stated earlier in this sections 126 and 115 (relating to
together through a regional planning section, North Dakota does not have any interstate and international pollution
process are required to address an Pb sources near bordering states. abatement). Specifically, CAA section
agreed upon share of their contribution In this action, we are proposing to 126(a) requires new or modified major
to visibility impairment in the Class I find that the emissions reductions sources to notify neighboring states of
areas of their neighbors. Given these approved into North Dakota’s RH SIP potential impacts from the source.
requirements in the RH program we are sufficient to ensure that emissions Section 126(a) of the CAA requires
have concluded that a fully approved from sources within the State do not notification to affected, nearby states of
RH SIP satisfies the requirements of interfere with the reasonable progress major proposed new (or modified)
section 110(a)(2)(D)(i)(II) with respect to goals of nearby states. North Dakota sources. Sections 126(b) and (c) pertain
visibility. participated in a regional planning to petitions by affected states to the
In the absence of a fully approved RH process with the WRAP. In the regional Administrator of the EPA
SIP, a state can still make a planning process, North Dakota (Administrator) regarding sources
demonstration that its SIP satisfies the accepted and incorporated the WRAP- violating the ‘‘interstate transport’’
visibility requirements of section developed visibility modeling into its provisions of section 110(a)(2)(D)(i).
110(a)(2)(D)(i)(II).7 States worked RH SIP, and the SIP included the Section 115 of the CAA similarly
through regional planning organizations controls assumed in the modeling. pertains to international transport of air
(RPOs), such as the Western Regional EPA did not fully approve the North pollution.
Air Partnership (WRAP) in the case of Dakota RH SIP, as we partially With regard to section 126(a), North
North Dakota, to develop strategies to disapproved, among other elements, the Dakota’s SIP-approved PSD program
address RH. To help states in State’s selection of NOX Best Available requires notice of proposed new sources
establishing reasonable progress goals, Retrofit Technology (BART) controls for or modifications to states whose lands
the RPOs modeled future visibility Great River Energy’s Coal Creek Station. may be significantly affected by
conditions. The modeling assumed 77 FR 20894 (April 6, 2012). As a result emissions from the source or
emissions reductions from each state, of our partial disapproval, North modification (see NDAC 33–15–15–
based on extensive consultation among Dakota’s SIP does not ensure NOX 01.2(q)(2)(d)). This provision satisfies
the states as to appropriate strategies for emission reductions from Coal Creek the notice requirement of section 126(a).
addressing haze. In setting reasonable North Dakota has no pending
Station, emission reductions which
progress goals, states generally relied on obligations under sections 126(c) or
were assumed in the WRAP’s visibility
this modeling. As a result, we generally 115(b); therefore, its SIP currently meets
modeling that was relied on in setting
consider a SIP that ensures emission the requirements of those sections. In
reasonable progress goals in nearby
reductions commensurate with the summary, the SIP meets the
states.10 We note, however, that the
assumptions underlying the reasonable requirements of CAA section
North Dakota RH SIP also adopted NOX 110(a)(2)(D)(ii) for the 2008 ozone, 2008
progress goals to meet the visibility controls that were not included in the
requirement of CAA section Pb and 2010 NO2 NAAQS.
WRAP’s modeling for Otter Tail Power 6. Adequate resources: Section
110(a)(2)(D)(i)(II). Company’s Coyote Station. EPA
In its 2006 PM2.5, 2008 ozone, 2008 Pb 110(a)(2)(E)(i) requires states to provide
approved these controls into the North necessary assurances that the State will
and 2010 NO2 infrastructure Dakota RH SIP as part of our April 6,
certifications, North Dakota points to have adequate personnel, funding, and
2012 final action. The SIP provision will authority under state law to carry out
existing portions in the North Dakota reduce NOX emissions at Coyote Station
SIP, specifically referencing the North the SIP (and is not prohibited by any
by approximately 4,213 tons per year, a provision of federal or state law from
Dakota RH SIP, to certify that the State larger decrease in emissions than the
meets the visibility requirements of carrying out the SIP or portion thereof).
assumed NOX BART reductions for Coal Section 110(a)(2)(E)(ii) also requires
section 110(a)(2)(D)(i). For the 2006 Creek Station of approximately 3,200
PM2.5, 2008 ozone, 2008 Pb and 2010 each state to comply with the
tons per year. As Coal Creek and Coyote requirements respecting state boards
NO2 NAAQS, the State also references Stations are roughly 32 miles apart, a
the PSD (NDAC 33–15–15) and under CAA section 128. Section
relatively short distance, the visibility 110(a)(2)(E)(iii) requires states to
Visibility Protection (NDAC 33–15–19) impacts from NOX emission reductions
portions of its SIP, as well as EPA’s RH ‘‘provide necessary assurances that,
at either source on out-of-state Class I where the State has relied on a local or
federal implementation plan (FIP).8 areas would be similar.
While Pb emissions have less impact on regional government, agency, or
Because the reductions in North instrumentality for the implementation
visibility, North Dakota addressed Pb no Dakota’s approved RH SIP are greater
differently than other NAAQS in its of any [SIP] provision, the State has
than those assumed by the WRAP responsibility for ensuring adequate
2008 Pb certification. Regardless, EPA modeling, EPA is proposing to find that
noted in the 2013 Memo that ‘‘Pb- implementation of such [SIP]
North Dakota’s SIP includes controls provision.’’
related visibility impacts were found to sufficient to address the relevant a. Sub-elements (i) and (iii): Adequate
be insignificant,’’ and that ‘‘significant requirements related to impacts on Class personnel, funding, and legal authority
impacts from Pb emissions from I areas in other states. under state law to carry out its SIP, and
stationary sources are expected to be 5. Interstate and International related issues.
srobinson on DSK5SPTVN1PROD with PROPOSALS
transport provisions: CAA section NDCC 23–25–03 provides adequate
7 See 2013 Memo at 34. See also 76 FR 22036
110(a)(2)(D)(ii) requires SIPs to include authority for the State of North Dakota
(April 20, 2011) (EPA’s approval of the visibility
requirement of 110(a)(2)(D)(i)(II) based on a provisions ensuring compliance with and the Department to carry out its SIP
demonstration by Colorado that did not rely on the obligations with respect to the 2008 Pb,
Colorado Regional Haze SIP). 9 See
2013 Memo at 33–34. 2008 ozone, and 2010 NO2 NAAQS. The
8 EPA’s final action including a partial approval, 10 EPA
notes that we also disapproved and
partial disapproval and FIP of the North Dakota RH promulgated a FIP for the State’s reasonable
State receives section 103 and 105 grant
SIP was published in the Federal Register April 6, progress determination for Basin Electric’s Antelope funds through its Performance
2012 (77 FR 20894). Valley Station. Partnership Grant from EPA along with
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![Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Proposed Rules 41457
required state matching funds to sources; and (iii) Correlation of such www.epa.gov/ttn/chief/
provide funding necessary to carry out reports by the state agency with any eiinformation.html.
North Dakota’s SIP requirements. North emission limitations or standards Based on the analysis above, we
Dakota’s resources meet the established pursuant to the Act, which propose to approve the North Dakota
requirements of CAA section reports shall be available at reasonable SIP as meeting the requirements of CAA
110(a)(2)(E). times for public inspection. section 110(a)(2)(F) for the 2008 Pb,
With respect to section The North Dakota statutory provisions 2008 ozone, and 2010 NO2 NAAQS.
110(a)(2)(E)(iii), the regulations cited by listed in the State’s certifications (NDCC 8. Emergency powers: Section
North Dakota in their certifications and 23–25–03) and contained within this 110(a)(2)(G) of the CAA requires
verified through additional docket provide authority to establish a infrastructure SIPs to ‘‘provide for
communication 11 (NDCC 23–25–02(01), program for measurement and testing of authority comparable to that in [CAA
33–15–04–02, 23–01–05(02), 23–25– sources, including requirements for section 303] and adequate contingency
03(5), and 23–25–10) and contained sampling and testing. North Dakota’s plans to implement such authority.’’
within this docket also provide the SIP-approved minor source and PSD Under CAA section 303, the EPA
necessary assurances that the State has programs provide for monitoring, Administrator has authority to bring suit
responsibility for adequate recordkeeping, and reporting to immediately restrain an air pollution
implementation of SIP provisions by requirements for sources subject to source that presents an imminent and
local governments. Therefore, we minor and major source permitting. The substantial endangerment to public
propose to approve North Dakota’s SIP State cites several regulations (NDAC health or welfare, or the environment.12
as meeting the requirements of section 33–15–14–02.9, 33–15–14–03.6, 33–15– If such action may not practicably
110(a)(2)(E)(i) and (E)(iii) for the 2008 14–06.5 and contained within this assure prompt protection, then the
Pb, 2008 ozone, and 2010 NO2 NAAQS. docket) requiring monitoring of Administrator has authority to issue
b. Sub-element (ii): State boards. emissions from stationary sources, temporary administrative orders to
Section 110(a)(2)(E)(ii) requires each recordkeeping and reporting of protect the public health or welfare, or
state’s SIP to contain provisions that emissions, and monitoring date. Source the environment, and such orders can
comply with the requirements of section surveillance is also addressed in be extended if EPA subsequently files a
128 of the CAA. That provision contains Chapter 8 of the SIP. This chapter civil suit.
two explicit requirements: (i) That any provides for the permitting of sources, Chapter 23–25 of the NDCC provides
board or body which approves permits inspection of the sources, recordkeeping relevant language and authority for ‘‘Air
or enforcement orders under the CAA and reporting by sources, and Pollution Control.’’ The purpose of this
shall have at least a majority of members compliance determinations. Section 8.2 chapter is ‘‘to achieve and maintain the
who represent the public interest and do of the SIP commits the Department to best air quality possible’’ and to ‘‘protect
not derive a significant portion of their the correlation of data with the human health, welfare and property,
income from persons subject to such applicable requirements. All reports are [and] prevent injury to plant and animal
permits and enforcement orders; and (ii) available for public inspection in life’’ (NDCC 23–25–01(2)). NDCC 23–
that any potential conflicts of interest by accordance with NDAC 33–15–01–16.1. 25–01 defines ‘‘air pollution’’ as ‘‘the
members of such board or body or the Additionally, North Dakota is presence in the outdoor atmosphere of
head of an executive agency with required to submit emissions data to the one or more air contaminants in such
similar powers be adequately disclosed. EPA for purposes of the National quantities and duration as is or may be
On July 30, 2013 (78 FR 45866) EPA Emissions Inventory (NEI). The NEI is injurious to human health, welfare, or
approved revised language in North the EPA’s central repository for air property, animal or plant life, or which
Dakota’s SIP, chapter 2, section 15, emissions data. The EPA published the unreasonably interferes with the
Respecting Boards to include provisions Air Emissions Reporting Rule (AERR) enjoyment of life or property.’’ As such,
for addressing conflict of interest on December 5, 2008, which modified the chapter aims to protect all three
the requirements for collecting and areas required by section 303; human
requirements. Details on how this
reporting air emissions data (73 FR health, welfare, and environment. The
portion of chapter 2, section 15 rules
76539). The AERR shortened the time ‘‘Air Pollution Control’’ chapter
meet the requirements of section 128 are
states had to report emissions data from
provided in our May 13, 2013 proposal provides general grants of authority to
17 to 12 months, giving states one
notice (78 FR 27898). North Dakota’s maintain actions in certain situations.
calendar year to submit emissions data.
SIP continues to meet the requirements We find these grants provide
All states are required to submit a
of section 110(a)(2)(E)(ii), and we comparable authority to that provided
comprehensive emissions inventory
propose to approve the infrastructure in Section 303. Furthermore, the NDAC
every three years and report emissions
SIP for the 2008 Pb, 2008 ozone, and 33–15–01–15(1) makes it unlawful to
for certain larger sources annually
2010 NO2 NAAQS for this element. ‘‘permit or cause air pollution’’ as
through the EPA’s online Emissions
7. Stationary source monitoring defined in NDCC 23–25–01. A person
Inventory System. States report
system: Section 110(a)(2)(F) requires: (i) causing or contributing to emissions
emissions data for the six criteria
The installation, maintenance, and pollutants and their associated that endanger public health, welfare, or
replacement of equipment, and the precursors—nitrogen oxides, sulfur the environment, would be causing ‘‘air
implementation of other necessary dioxide, ammonia, lead, carbon pollution’’ within the meaning of North
steps, by owners or operators of monoxide, particulate matter, and Dakota law, and would therefore be in
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stationary sources to monitor emissions volatile organic compounds. Many
from such sources; (ii) Periodic reports states also voluntarily report emissions
12 A discussion of the requirements for meeting
on the nature and amounts of emissions CAA section 303 is provided in our notice of
of hazardous air pollutants. North proposed rulemaking: Promulgation of State
and emissions-related data from such Dakota made its latest update to the NEI Implementation Plan Revisions; Infrastructure
on October 23, 2014. EPA compiles the Requirements for the 1997 and 2006 p.m.2.5, 2008
11 See Email from Tom Bachman ‘‘Request for Lead, 2008 Ozone, and 2010 NO2 National Ambient
Clarificaitons_ND iSIP 2008 ozone, 2008 Pb, and
emissions data, supplementing it where Air Quality Standards; South Dakota (79 FR 71040,
2010 NO2 NAAAQS’’ April 13, 2015, available necessary, and releases it to the general Dec. 1, 2014) under ‘‘VI. Analysis of State
within docket. public through the Web site http:// Submittals, 8. Emergency powers.’’
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![41458 Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Proposed Rules
violation of NDAC 33–15–01–15(1). Further supplemental authority is episode stage (Section 5.5) consistent
This could occur in either an emergency found in a broad provision, cited by the with the EPA emergency episode SIP
or non-emergency situation.13 State in their SIP submittals, granting requirements set forth at 40 CFR part 51,
NDCC 23–25–10(5) provides that ‘‘the additional authority to the NDDH. The subpart H (prevention of air pollution
department has the authority to NDDH has the authority to ‘‘[i]ssue such emergency episode) for ozone and NO2.
maintain an action in the name of the orders as may be necessary to effectuate As noted in the October 14, 2011
state against any person to enjoin any the purposes’’ of the ‘‘Air Pollution guidance,15 based on EPA’s experience
threatened or continuing violation of Control’’ chapter NDCC 23–25–03.5. to date with the Pb NAAQS and
any provision of this chapter or any These orders can be enforced ‘‘by all designating Pb nonattainment areas,
permit condition, rule, order, limitation, appropriate administrative and judicial EPA expects that an emergency episode
or other applicable requirement procedures’’ (NDCC 23–25–03.5). Thus, associated with Pb emissions would be
implementing this chapter.’’ Under this broad grant of authority includes unlikely and, if it were to occur, would
NDCC 23–25–10(5), the Department has the authority to issue administrative be the result of a malfunction or other
the authority to bring an action to enjoin orders during air pollution emergencies emergency situation at a relatively large
a violation of NDCC 23–25 or its rules. which would disrupt protection of source of Pb. Accordingly, EPA believes
The Department may seek a court order human health, welfare, and animal and the central components of a contingency
to restrain a source from causing or plant life. plan would be to reduce emissions from
contributing to emissions that endanger The combination of NDCC and NDAC the source at issue and communicate
public health, welfare, or the provisions discussed above provide for with the public as needed. We note that
environment. In an emergency, this may authority comparable to section 303 to 40 CFR part 51, subpart H (51.150–
take the form of an injunction or immediately bring suit to restrain, issue 51.152) and 40 CFR part 51, Appendix
temporary restraining order (see NDCC emergency orders against, and use L do not apply to Pb.
32–06–02).14 Therefore, the NDDH has special rule adoption procedures for Based on the above analysis, we
the authority to seek judicial actions applicable emergencies to take prompt propose approval of North Dakota’s SIP
during emergency situations. administrative action against, any as meeting the requirements of CAA
North Dakota’s statutes also provide person causing or contributing to air section 110(a)(2)(G) for the 2008 Pb,
the NDDH with the authority to issue pollution that presents an imminent and 2008 ozone, and 2010 NO2 NAAQS.
administrative orders and emergency substantial endangerment to public 9. Future SIP revisions: Section
rules to protect the public health, health or welfare, or the environment. 110(a)(2)(H) requires that SIPs provide
welfare, and the environment under We propose that they are sufficient to for revision of such plan: (i) From time
certain circumstances. NDCC 23–25–08, meet the authority requirement of CAA to time as may be necessary to take
as cited in North Dakota’s SIP section 110(a)(2)(G). account of revisions of such national
submittals, authorizes that in the event States must also have adequate
primary or secondary ambient air
of ‘‘an emergency requiring immediate contingency plans adopted into their
quality standard or the availability of
action to protect the public health and SIP to implement the air agency’s
emergency episode authority (as improved or more expeditious methods
safety,’’ the NDDH has the authority to of attaining such standard; and (ii),
‘‘issue an order reciting the existence of discussed above). This can be done by
submitting a plan that meets the except as provided in paragraph (3)(C),
such emergency and requiring that such whenever the Administrator finds on
action be taken as is necessary’’ to meet applicable requirements of 40 CFR part
51, subpart H for the relevant NAAQS the basis of information available to the
the emergency. The emergency order is Administrator that the SIP is
effective immediately. Any person who if the NAAQS is covered by those
regulations. substantially inadequate to attain the
violates the order is subject to NAAQS which it implements or to
enforcement, penalties, and injunctions Subpart H of 40 CFR part 51 requires
states to classify regions and to develop otherwise comply with any additional
under NDCC 23–25–10. requirements under this [Act].
Furthermore, as cited in North contingency plans (also known as
emergency episode plans) after ambient EPA approved relevant sections of the
Dakota’s SIP submittals, the NDDH has
concentrations of certain criteria North Dakota SIP on September 17,
the authority to ‘‘use an emergency
pollutants in an area have exceeded 2012 (77 FR 57029). North Dakota’s
adjudicative proceeding, in its
specified levels. For example, if ambient statutory provision at NDCC 23–25–03
discretion, in an emergency situation
concentrations of nitrogen dioxide in an provides adequate authority for the
involving imminent peril to the public
area have exceeded 0.06 ppm (annual Department to carry out such revisions.
health, safety, or welfare’’ (NDCC 28–
arithmetic mean), then the area is Therefore, we propose to approve North
32–32). Accordingly, ‘‘in an emergency,
classified as a Priority I region, and the Dakota’s SIP as meeting the
the administrative agency may take
state must develop a contingency plan requirements of CAA section
action pursuant to a specific statute as
that meets the requirements of sections 110(a)(2)(H).
is necessary to prevent or avoid
imminent peril to the public health, 51.151 and 51.152. North Dakota has not 10. Consultation with government
safety, or welfare’’ (NDCC–28–32–32.1). monitored any values above the priority officials, public notification, PSD and
In the absence of a specific statute cut point for ozone or NO2. visibility protection: Section 110(a)(2)(J)
requiring other administrative action, Prevention of air pollution emergency requires that each SIP ‘‘meet the
‘‘the administrative agency shall issue episodes is addressed in Section 5 of applicable requirements of section 121
North Dakota’s SIP and was approved of this title (relating to consultation),
srobinson on DSK5SPTVN1PROD with PROPOSALS
an order’’ (NDCC 28–32–32(4)).
on May 31, 1972 (37 FR 10842). We find section 127 of this title (relating to
13 See Email from Tom Bachman ‘‘Request for that North Dakota’s air pollution public notification), and part C of this
Clarifications_ND iSIP 2008 ozone, 2008 Pb, and emergency provisions establish stages of
2010 NO2 NAAAQS’’ April 13, 2015, available episode criteria (Section 5.2), provide 15 ‘‘Guidance on Infrastructure State
within docket. for public announcement whenever any Implementation Plan (SIP) Elements Required
14 See Email from Tom Bachman ‘‘Request for Under Sections 110(a)(1) and 110(a)(2) for the 2008
Clarifications_ND iSIP 2008 ozone, 2008 Pb, and
episode stage has been determined to Lead (Pb) National Ambient Air Quality Standards
2010 NO2 NAAAQS’’ April 13, 2015, available exist (Section 5.3), and specify emission (NAAQS).’’ Steve Page, OAQPS Director, October
within docket. control actions to be taken at each 14, 2011, at p. 13.
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![41460 Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Proposed Rules
• Is not a significant regulatory action natural gas pipelines to reduce the risk changes or edits, including any personal
subject to Executive Order 13211 (66 FR of accidents, are currently required for information.
28355, May 22, 2001); new or replaced gas service lines
• Is not subject to requirements of servicing single-family residences (SFR). Privacy Act Statement
Section 12(d) of the National PHMSA is proposing to make changes to Anyone can search the electronic
Technology Transfer and Advancement part 192 to expand this requirement to comments associated with any docket
Act of 1995 (15 U.S.C. 272 note) because include new or replaced branched by the name of the individual
application of those requirements would service lines servicing SFRs, multi- submitting the comment (or signing the
be inconsistent with the CAA; and, family residences, and small comment, if submitted on behalf of an
• Does not provide EPA with the commercial entities consuming gas association, business, labor union, etc.).
discretionary authority to address, as volumes not exceeding 1,000 Standard DOT’s complete Privacy Act Statement
appropriate, disproportionate human Cubic Feet per Hour (SCFH). PHMSA is was published in the Federal Register
health or environmental effects, using also proposing to require the use of on April 11, 2000, (65 FR 19477).
practicable and legally permissible manual service line shut-off valve (e.g., FOR FURTHER INFORMATION CONTACT:
methods, under Executive Order 12898 curb valves) for new or replaced service Mike Israni, by telephone at 202–366–
(59 FR 7629, Feb. 16, 1994). lines with meter capacities exceeding 4571, by fax at 202–366–4566, or by
The SIP is not approved to apply on 1,000 SCFH. Finally, PHMSA is mail at DOT, PHMSA, 1200 New Jersey
any Indian reservation land or in any proposing that operators notify Avenue SE., PHP–1, Washington, DC
other area where EPA or an Indian tribe customers of their right to request 20590–0001.
has demonstrated that a tribe has installation of an EFV on service lines SUPPLEMENTARY INFORMATION:
jurisdiction. In those areas of Indian that are not being newly installed or
country, the rule does not have tribal replaced. PHMSA is proposing to I. Background
implications and will not impose delegate the question of who bears the An EFV is a mechanical safety device
substantial direct costs on tribal cost of installing EFVs to service lines installed inside the natural gas service
governments or preempt tribal law as that are not being newly installed or line between the street and residential
specified by Executive Order 13175 (65 replaced to the operator, customer, and meter. The EFV will ‘‘trip or close’’ if
FR 67249, November 9, 2000). the appropriate State regulatory agency. there is sufficient damage to the line to
DATES: Persons interested in submitting minimize the flow of gas through the
List of Subjects in 40 CFR Part 52
written comments on this Notice of line and thus, the amount of gas that
Environmental protection, Air Proposed Rulemaking (NPRM) must do escapes into the atmosphere. During
pollution control, Carbon monoxide, so by September 14, 2015. PHMSA will normal use, the valve is kept pushed
Incorporation by reference, consider late-filed comments so far as open against oncoming gas flow by a
Intergovernmental relations, practicable. spring. EFVs are designed so that
Greenhouse gases, Lead, Nitrogen general usage, such as turning on
ADDRESSES: You may submit comments
dioxide, Ozone, Particulate matter, appliances, will not shut the valve.
identified by the docket number
Reporting and recordkeeping However, during a significant increase
PHMSA–2011–0009 by any of the
requirements, Sulfur oxides, Volatile in the flow of gas (e.g., due to a damaged
following methods:
organic compounds. line), the spring cannot overcome the
Comments should reference Docket
Authority: 42 U.S.C. 7401 et seq. No. PHMSA–2011–0009 and may be force of gas, and the valve will close and
Dated: June 25, 2015. submitted in the following ways: stay closed until the correct pressure is
Debra H. Thomas, • Web site: http:// restored. When the correct pressure is
www.regulations.gov. This site allows restored, the EFV automatically resets
Acting Regional Administrator, Region 8.
the public to enter comments on any itself.
[FR Doc. 2015–17380 Filed 7–14–15; 8:45 am]
Federal Register notice issued by any On July 7, 1998, in South Riding,
BILLING CODE 6560–50–P Virginia, a residential gas explosion
agency. Follow the online instructions
for submitting comments. resulted in one death and three injuries.
• Fax: 1–202–493–2251. It is not known if the explosion
DEPARTMENT OF TRANSPORTATION • Mail: U.S. Department of occurred on a branched or non-
Transportation (DOT) Docket branched service line servicing an SFR;
Pipeline and Hazardous Materials Operations Facility (M–30), West however, PHMSA believes that this
Safety Administration Building, 1200 New Jersey Avenue SE., proposed rule or its previous rule
Washington, DC 20590. requiring EFVs on single lines serving
49 CFR Part 192 • Hand Delivery: DOT Docket SFRs would have mitigated the
[Docket No. PHMSA–2011–0009] Operations Facility, West Building, consequences of the explosion. An
Room W12–140, 1200 New Jersey investigation by the National
RIN 2137–AE71 Avenue SE., Washington, DC, 20590 Transportation Safety Board (NTSB)
between 9:00 a.m. and 5:00 p.m., found the explosion likely would not
Pipeline Safety: Expanding the Use of Monday through Friday, except Federal have occurred if an EFV had been
Excess Flow Valves in Gas Distribution holidays. installed for this single-family home.
Systems to Applications Other Than Instructions: Identify the docket Similarly, PHMSA strongly believes this
srobinson on DSK5SPTVN1PROD with PROPOSALS
Single-Family Residences number, PHMSA–2011–0009, at the incident would have likely been would
AGENCY: Pipeline and Hazardous beginning of your comments. If you mail have been mitigated at a minimum. As
Materials Safety Administration your comments, submit two copies. In a result, on June 22, 2001, the NTSB
(PHMSA), DOT. order to confirm receipt of your issued Safety Recommendation P–01–2,
comments, include a self-addressed, recommending that PHMSA require
ACTION: Notice of proposed rulemaking.
stamped postcard. excess flow valves in all new and
SUMMARY: Excess Flow Valves (EFVs), Note: All comments are posted renewed gas service lines, regardless of
which are safety devices installed on electronically in their original form, without a customer’s classification, when the
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Document Created: 2015-12-15 13:32:14
Document Modified: 2015-12-15 13:32:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before August 14, 2015. | |
| Contact | Abby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. 303-312-6563, [email protected] | |
| FR Citation | 80 FR 41450 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Greenhouse Gases; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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