81 FR 58438 - Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Revisions to Air Pollution Control Rules
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 165 (August 25, 2016)
Federal Register Volume 81, Issue 165 (August 25, 2016)
| Page Range | 58438-58442 | |
| FR Document | 2016-20320 |
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)] [Proposed Rules] [Pages 58438-58442] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20320] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2013-0145; FRL-9951-30-Region 8] Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Revisions to Air Pollution Control Rules AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing approval of State Implementation Plan (SIP) revisions submitted by the State of North Dakota on January 28, 2013 and April 22, 2014. The revisions are to Article 33-15 ``Air Pollution Control'' rules of the North Dakota Administrative Code. The revisions include amendments to update the Prevention of Significant Deterioration (PSD) rules and the definition of ``volatile organic compounds''; to add particulate matter less than 2.5 microns in diameter (PM2.5 ) methods of measurement; to modify the PM2.5 state ambient air quality standard, permissible open burning rule, and permit fee processes; and, to remove permitting fees for sources that operate an air monitoring site. The revisions also make clarifying changes. This action is being taken under section 110 of the Clean Air Act (CAA). DATES: Written comments must be received on or before September 26, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08- OAR-2013-0145 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.,) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6252, [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 the 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 the 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 [[Page 58439]] information (subject heading, Federal Register, date, and page number); Follow directions and organize your comments; Explain why you agree or disagree; Suggest alternatives and substitute language for your requested changes; Describe any assumptions and provide any technical information and/or data that you used; If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced; Provide specific examples to illustrate your concerns, and suggest alternatives; Explain your views as clearly as possible, avoiding the use of profanity or personal threats; and Make sure to submit your comments by the comment period deadline identified. II. Background A. On January 28, 2013, the State of North Dakota submitted a SIP revision containing amendments to Article 33-15 Air Pollution Control rules. The amendments: Update the PSD rules; add PM 2.5 methods of measurement; revise permit fee processing; remove permitting fees for sources that operate an air monitoring site; and make clarifying changes. The North Dakota State Health Council adopted the amendments on August 14, 2012 (effective January 1, 2013). B. On April 22, 2014, the State of North Dakota submitted a SIP revision containing amendments to Article 33-15 Air Pollution Control rules. The amendments: Update the PSD rules and the definition of ``volatile organic compounds''; revise the PM2.5 state ambient air quality standard and permissible open burning rule; and clarify excess emissions reporting requirements. The North Dakota State Health Council adopted the amendments on February 11, 2014 (effective April 1, 2014). III. The EPA's Review of the State of North Dakota's January 28, 2013 and April 22, 2014 Submittals We evaluated North Dakota's January 28, 2013 and April 22, 2014 submittals regarding revisions to the State's Air Pollution Control rules. We propose to approve some of the revisions and not act on other revisions. A. January 28, 2013 SIP Submittal The State's January 28, 2013 SIP submittal includes the following types of amendments to the State's air quality rules: Revisions to update State-specific additions to the incorporation by reference of the PSD rules; revisions to add PM2.5 methods of measurement; revisions to remove permitting fees for sources that operate an air monitoring site; and a revision to streamline the administrative fee process. The revisions also make clarifying changes. The January 2013 submittal adds a sentence to 33-15-01-13.3, ``[t]he provisions of this subsection do not apply to sources that are subject to monitoring requirements in chapter 33-15-21,'' to clarify that the alternative monitoring requirements in this rule do not apply to sources that are required to comply with the acid rain rules and exempts sources subject to acid rain requirements in chapter 33-15-21, Acid Rain Program, from the continuous emission monitoring system (CEMS) failures requirements found in 33-15-01-13.3 of the General Provisions chapter. Instead, 33-15-21-09.1 requires that CEMS monitoring, recordkeeping, and reporting requirements found in 40 CFR part 75 and its appendices apply to sources subject to acid rain requirements. This revision is for clarification purposes, and we propose to approve it. Likewise, we propose to approve the State's revisions to 33-15-05-04.3 that indicate PM2.5 measurements must be made in accordance with 40 CFR 51, Appendix M, Recommended Test Methods for State Implementation Plans and clarifies the definition of PM10 determinations under the same method. The State revised section 33-15-14-02.13.c(4) by deleting ``or are subject to a standard under chapter 33-15-22,'' to clarify that sources subject to the national emission standards for hazardous air pollutants (40 CFR part 63) in chapter 33-15-22, Emissions Standards for Hazardous Air Pollutants for Source Categories, do not need a permit to construct if they meet the exemption requirements found in 33-15-14-02.13. The State requested this revision to clarify that sources at minor facilities do not require a permit. Since the North Dakota SIP already exempts engine sources whose emissions are below certain thresholds (see 33-15-14-02.13(c)(1), (2), (3)) and also requires major hazardous air pollutant sources subject to maximum achievable control technology (MACT) to obtain a permit (see 33-15-22), we agree that this revision is for clarification purposes and propose to approve it. The State makes a number of revisions in their January 28, 2013 submittal to their PSD rules found in chapter 33-15-15; some of the revisions we approved in prior actions, while other revisions were superseded by subsequent SIP submittals. First, the State updates the incorporation by reference date in 33-15-15-01.2 for 40 CFR 52.21, paragraphs (a)(2) through (e), (h) through (r), (v), (w), (aa) and (bb) to as they exist on January 1, 2012. We acted on the approval of incorporating 40 CFR 52.21(b)(14)(i) through (iii); (b)(15)(i) and (ii); and paragraph (c) pertaining to major and minor source baseline dates and ambient air increments in our July 30, 2013 final rule (78 FR 45866) approving the State's demonstration that the North Dakota SIP meets the infrastructure requirements of the CAA for the National Ambient Air Quality Standards (NAAQS) promulgated for PM2.5 on July 18, 1997 and on October 17, 2006. In doing so, paragraphs (b)(14)(i) through (iii); (b)(15)(i) and (ii); and paragraph (c) were added to 40 CFR 52.1829 as paragraphs (c) and (d). We are proposing to not act on incorporating the remainder of 40 CFR 52.21 as they exist on January 1, 2012, because this revision is superseded by the revision in the State's April 22, 2014 submittal to incorporate the same portions of 40 CFR 52.21 as they existed on July 1, 2013. There are additional revisions in the State's January 28, 2013 PSD rules in 33-15-15-01.2. that we propose to approve. First, the State relocates 40 CFR 52.21(b)(50)(i)(c) and (b)(50)(i)(d) to correct numerical order. Second, the State revises 40 CFR 52.21(d) consistent with the federal rule at the same citation by changing ``[n]o concentration of a contaminant shall exceed the ambient air quality standards in chapter 33-15-02 for these areas subject to regulation under this article and the national ambient air quality standards in all other areas of the United States'' to ``[n]o concentration of a contaminant shall exceed: (1) The concentration permitted under the national primary and secondary ambient air quality standards. (2) The concentration permitted by the ambient air quality standards in chapter 33-15-02.'' Third, the State revises 40 CFR 52.21(k)(1) consistent with the federal regulations at 40 CFR 52.21(k)(1)(i) by changing ``[a]ny ambient air quality standard in chapter 33-15-02 for those areas subject to regulation under this article and the national ambient air quality standards in all other areas of the United States; or'' to ``[a]ny national ambient air quality standard or any standard in chapter 33-15-02.'' The State recognizes their current regulations inadvertently do not include (i) after 40 CFR 52.21(k)(1) and will revise the language to read 40 CFR 52.21(k)(1)(i) in [[Page 58440]] a future submittal.\1\ Fourth, the State also revised 40 CFR 52.21(v)(2)(iv)(a) consistent with the federal rule at the same citation by adding ``national ambient air quality standard or any'' and deleting ``regulation under this article and the national ambient air quality standards in all other areas of the United States.'' We propose to approve all of these changes. --------------------------------------------------------------------------- \1\ Refer to docket #EPA-R08-OAR-2013-0145 for documentation. --------------------------------------------------------------------------- We also propose to approve in the January 28, 2013 submittal revisions to chapter 33-15-23, Fees, allowing billing statements to be sent to applicants before final determinations have been made (33-15- 23-02.2.c) and removing the permit fee for sources that operate an air monitoring site (33-15-23-03.1). CAA section 110(a)(2)(E) requires that a state implementation plan provide assurances that the state will have, among other items, adequate funding to carry out the implementation plan. Sending billing statements earlier than currently required under the SIP impacts the timing of when the fees are billed and collected. Therefore, it is appropriate to propose to approve because the change impacts the timing. The deletion of the criteria that describe this category is approvable because under 33-15-23-03.2 North Dakota will continue to charge fees to sources based on actual costs incurred by the State for the following: (1) Observation of source or performance specification testing; and (2) audits of source operated ambient air monitoring networks. In this submittal, the State also made clarifying revisions to three other SIP provisions. First, the State modified the abbreviation of PM10 (33-15-01-05) by adding the phrase ``less than or equal'' and deleting the less than or equal to symbol. Second, the State moved and modified language related to agricultural practices and fugitive emissions from chapter 33-15-17 Restriction of Fugitive Emission to chapter 33-15-03 Restriction of Emissions of Visible Air Contaminants (the State deleted from 33-15-17-02.6 ``[a]gricultural activities related to the normal operations of a farm shall be exempt from the requirements of this section. However, agricultural practices such as tilling of land, application of fertilizers, and the harvesting of crops shall be managed in such a manner as to minimize dust from becoming airborne,'' and then added the following sentence to 33-15-03- 04.5 ``[h]owever, agricultural practices such as tilling of land, application of fertilizers, harvesting of crops, and other activities shall be managed in such a manner as to minimize dust from becoming airborne''). In doing this the State modified the existing SIP by removing the exemption and requirement related to agricultural activities and fugitive dust under chapter 33-15-17, Restriction of Fugitive Emissions, and adding the same requirement related to agricultural activities and fugitive dust to chapter 33-15-03, Restriction of Emission of Visible Air Contaminants. We view these changes as non-substantive, SIP-strengthening, and clarifying because it removes an exemption and moves a requirement to a related area in the SIP. Third, the State inserted a reference to the exceptions found in 33-15-03-04 to the restrictions on the emission of visible air contaminants in chapter 33-15-03 Restriction of Emissions of Visible Air Contaminants into 33-15-17-02.4, which has the effect of referring the reader to exceptions already located within another chapter of the State's rules, which we characterize as a clarifying revision. We propose to approve all of these as clarifying, SIP-strengthening, and non-substantive revisions. Finally, we are not acting on the revision to 33-15-01-04 as this revision to the incorporation by reference date is superseded by a revision in the April 2014 submittal. We are also not acting on revisions to 33-15-03-04.4 and 33-15-05-01.2a(1) to remove improper exemptions from emissions limitations as we acted on these previously (79 FR 63045). We will act on revisions to 33-15-14-02.1, 33-15-14- 02.5.a and 33-15-15-01-.2 in a future rulemaking and thus are not acting on these revisions at this time. B. April 22, 2014 SIP Submittal The State's April 22, 2014 SIP submittal includes the following types of amendments to the State's air quality rules: Revisions to update the dates of incorporation by reference of the (1) PSD rules, and (2) the definition of ``volatile organic compounds''; revisions to lower the PM2.5 State ambient air quality standard; revisions to clarify the permissible open burning rule; a revision that clarifies that the required excess emissions reporting requirements are for sources that operate continuous emission monitors; and a revision that removes a category of fees. The CAA requires the regulation of volatile organic compounds (VOCs) for various purposes. For example, tropospheric ozone, commonly known as smog, is formed when VOC and nitrogen oxides (NOX ) react in the atmosphere in the presence of sunlight. Thus, because of the harmful health effects of ozone, the EPA and state governments limit the amount of VOC--organic compounds of carbon--that can be released into the atmosphere. Section 302(s) of the CAA specifies that the EPA has the authority to define the meaning of ``VOC,'' and hence what compounds shall be treated as VOC for regulatory purposes. The EPA defines VOCs at 40 CFR 51.100(s) and VOC exclusions, determined to have negligible photochemical reactivity, at 51.100(s)(1). In its January 2013 submittal, the State updates 33-15-01-04, Definitions, to include the incorporation by reference of 40 CFR 51.100(s) as it exists on January 1, 2012. Subsequently, in its April 2014 submittal, the State updates 33-15-01-04, Definitions, again to include the incorporation by reference of 40 CFR 51.100(s) as it exists on July 1, 2013. The April 2014 submittal supersedes the January 2013 submittal, thus we are proposing to approve the April 2014 revision because it incorporates by reference the EPA's rule provisions. The CAA also requires the EPA to set National Ambient Air Quality Standards (40 CFR part 50) for pollutants considered harmful to public health and the environment and identifies two types of national ambient air quality standards: Primary standards provide public health protection, including protecting the health of ``sensitive'' populations such as asthmatics, children, and the elderly; and Secondary standards provide public welfare protection, including protection against decreased visibility and damage to animals, crops, vegetation, and buildings. In 2012 (78 FR 3086), the EPA revised the primary (health-based) annual PM2.5 standard by lowering the level from 15 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/ m\3\ so as to provide increased protection against health effects associated with long- and short-term exposures (including premature mortality, increased hospital admissions and emergency department visits, and development of chronic respiratory disease). Accordingly, the State's April 2014 submittal revises the PM2.5 primary standard in Table 1. Ambient Air Quality Standards of chapter 33-15-02 from 15.0 [mu]g/m\3\ to match the federal standard of 12.0 [mu]g/m\3\. We propose to approve this revision because it is consistent with the federal standard. In addition, we propose to approve revisions in the April 2014 submittal that revise 33-15-04-02.2.a to require that any type of permissible burning listed in 33-15-04-02.1 will not create ``air pollution'' as defined by the State in 33-15-04 (33-15-04-02.2.a); and to [[Page 58441]] delete the existing SIP requirement in 33-15-04-02.2.a (73 FR 30308), that prohibited permissible burning listed in 33-15-04-02.1 from creating a public nuisance (``No public nuisance is or will be created''). We propose to approve these revisions because they strengthen the SIP by prohibiting open burning that creates air pollution where ``one or more air contaminants in such quantities and duration as is or may be injurious to human health, welfare, or property or animal or plant life, or which unreasonably interferes with the enjoyment of life or property.'' We also propose to approve the clarification to the applicability of excess emissions reporting and recordkeeping requirements for continuous emission monitoring requirements (33-15-06-05.1). We propose to approve this revision because it clarifies the existing SIP provision (58 FR 54041) and explains that the emission monitoring requirements referenced in 33-15-06-05.1 are those performed for continuous emission monitoring (adding the phrase ``in accordance with section 33-15-06-04''). In the April 2014 submittal, the State also revised the incorporation by reference date of 40 CFR 52.21 into the state regulations to July 1, 2013 (33-15-15-01.2). As previously discussed in III.A., we approved the incorporation of 40 CFR 52.21(b)(14)(i) through (iii); (b)(15)(i) and (ii); and paragraph (c) pertaining to major and minor source baseline dates and ambient air increments in our July 30, 2013 final rule (78 FR 45866) by adding paragraphs (c) and (d) to 40 CFR 52.1829. We propose to approve the State's revision of the incorporation by reference date to July 1, 2013 because it references our regulations, and in doing so, propose to delete paragraphs (c) and (d) in 40 CFR 52.1829 as they would no longer be needed and would be duplicative if retained. The State also added the reference to ``title'' before the federal regulation citation in this section (first paragraph), and as this is for clarification purposes, we propose to approve this addition. We are proposing to approve the State's deletion of the criteria for the ``Monitor'' category (33-15-23-03.01) from the SIP. These criteria explain the ``Monitor'' fee is a charge that applies to minor sources that is ``in addition to the annual fee for any source operating a continuous emission monitor system (CEMS) or an ambient monitoring site.'' The State's January 2013 SIP submittal indicates that this fee is no longer being charged.\2\ Thus, removal of the ``Monitor'' category corresponds to the State's revision in their January 2013 submittal (removing the annual fee for minor sources that operate an emission monitor or ambient air quality monitoring site), which we propose to approve in section III.A. --------------------------------------------------------------------------- \2\ April 2014 State SIP Submittal, PDF page 14. --------------------------------------------------------------------------- Finally, we are not acting on the State's revision to 33-15-03-05 and will instead take action on this revision in a future rulemaking. IV. What action is the EPA taking? For the reasons expressed in III.A. and III.B., the EPA is proposing to approve the following revisions, shown in Table 1, to the State's Air Pollution Control rules. We are also proposing to not act on several other revisions, shown in Table 2, for the reasons discussed in III.A. and III.B. and summarized below. Table 1--List of North Dakota Revisions That the EPA Is Proposing To Approve ------------------------------------------------------------------------ Revised sections in January 28, 2013 and April 22, 2014 submissions proposed for approval ------------------------------------------------------------------------- January 28, 2013 submittal: 33-15-01-05; 33-15-01-13.3; 33-15-03-04.5; 33-15-05-04.3; 33-15-14-02.13.c(4); 33-15-15-01.2 [dagger]; 33-15-17- 02.4; 33-15-17-02.6; 33-15-23-02.2.c; 33-15-23-03.1. April 22, 2014 submittal: 33-15-01-04; 33-15-02, Table 1.; 33-15-04- 02.2.a; 33-15-06-05.1; 33-15-15-01.2; 33-15-23-03. ------------------------------------------------------------------------ [dagger] Except for the incorporation by reference date in the first paragraph and the revision associated with 40 CFR 52.21(l)(1). Table 2--List of North Dakota Revisions That the EPA Is Proposing To Take No Action On ---------------------------------------------------------------------------------------------------------------- Revision Revision will superseded by Revision acted be acted on in Revised section April 22, 2014 on in 79 FR a future submittal 63045 submittal ---------------------------------------------------------------------------------------------------------------- Revised Sections in January 28, 2013 Submission Proposed for No Action ---------------------------------------------------------------------------------------------------------------- 33-15-01-04.................................................. x 33-15-03-04.4................................................ x 33-15-05-01.2a(1)............................................ x 33-15-14-02.1................................................ x 33-15-14-02.5.a.............................................. x 33-15-15-01.2 [Dagger]....................................... x 33-15-15-01.2 Sec. ......................................... x ---------------------------------------------------------------------------------------------------------------- Revised Section in April 22, 2014 Submission Proposed for No Action ---------------------------------------------------------------------------------------------------------------- 33-15-03-05.................................................. x ---------------------------------------------------------------------------------------------------------------- [Dagger] Only the revision to the incorporation by reference date in the first paragraph. Sec. Only the revision associated with 40 CFR 52.21(l)(1). V. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference North Dakota Administrative Code as described in section IV. of this preamble. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 8 Office (please contact the [[Page 58442]] person identified in the ``For Further Information Contact'' section of this preamble for more information). VI. 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, the 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; this proposed action does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and, Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where the 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: August 11, 2016. Debra H. Thomas, Acting Regional Administrator, Region 8. [FR Doc. 2016-20320 Filed 8-24-16; 8:45 am] BILLING CODE 6560-50-P
![58438 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules
• Does not impose an information ENVIRONMENTAL PROTECTION EPA public comment policy,
collection burden under the provisions AGENCY information about CBI or multimedia
of the Paperwork Reduction Act (44 submissions, and general guidance on
U.S.C. 3501 et seq.); 40 CFR Part 52 making effective comments, please visit
• is certified as not having a [EPA–R08–OAR–2013–0145; FRL–9951–30– http://www2.epa.gov/dockets/
significant economic impact on a Region 8] commenting-epa-dockets.
substantial number of small entities Docket: All documents in the docket
under the Regulatory Flexibility Act (5 Approval and Promulgation of Air are listed in the www.regulations.gov
U.S.C. 601 et seq.); Quality Implementation Plans; North index. Although listed in the index,
Dakota; Revisions to Air Pollution some information is not publicly
• does not contain any unfunded Control Rules available, e.g., CBI or other information
mandate or significantly or uniquely whose disclosure is restricted by statute.
affect small governments, as described AGENCY: Environmental Protection Certain other material, such as
in the Unfunded Mandates Reform Act Agency (EPA). copyrighted material, will be publicly
of 1995 (Pub. L. 104–4); ACTION: Proposed rule. available only in hard copy. Publicly
• does not have federalism available docket materials are available
implications as specified in Executive SUMMARY: The Environmental Protection
either electronically in
Order 13132 (64 FR 43255, August 10, Agency (EPA) is proposing approval of
www.regulations.gov or in hard copy at
1999); State Implementation Plan (SIP)
the Air Program, Environmental
revisions submitted by the State of
• is not an economically significant North Dakota on January 28, 2013 and
Protection Agency (EPA), Region 8,
regulatory action based on health or 1595 Wynkoop Street, Denver, Colorado
April 22, 2014. The revisions are to
safety risks subject to Executive Order 80202–1129. The EPA requests that if at
Article 33–15 ‘‘Air Pollution Control’’
13045 (62 FR 19885, April 23, 1997); all possible, you contact the individual
rules of the North Dakota
listed in the FOR FURTHER INFORMATION
• is not a significant regulatory action Administrative Code. The revisions
CONTACT section to view the hard copy
subject to Executive Order 13211 (66 FR include amendments to update the
of the docket. You may view the hard
28355, May 22, 2001); Prevention of Significant Deterioration
copy of the docket Monday through
• is not subject to requirements of (PSD) rules and the definition of
Friday, 8 a.m. to 4 p.m., excluding
section 12(d) of the National ‘‘volatile organic compounds’’; to add
federal holidays.
Technology Transfer and Advancement particulate matter less than 2.5 microns
in diameter (PM2.5) methods of FOR FURTHER INFORMATION CONTACT:
Act of 1995 (15 U.S.C. 272 note) because Jaslyn Dobrahner, Air Program, U.S.
application of those requirements would measurement; to modify the PM2.5 state
ambient air quality standard, Environmental Protection Agency
be inconsistent with the CAA; and (EPA), Region 8, Mail Code 8P–AR,
permissible open burning rule, and
• does not provide EPA with the permit fee processes; and, to remove 1595 Wynkoop Street, Denver, Colorado
discretionary authority to address, as permitting fees for sources that operate 80202–1129, (303) 312–6252,
appropriate, disproportionate human an air monitoring site. The revisions dobrahner.jaslyn@epa.gov.
health or environmental effects, using also make clarifying changes. This SUPPLEMENTARY INFORMATION:
practicable and legally permissible action is being taken under section 110
methods, under Executive Order 12898 I. General Information
of the Clean Air Act (CAA).
(59 FR 7629, February 16, 1994). What should I consider as I prepare my
DATES: Written comments must be
In addition, this proposed rule, received on or before September 26, comments for EPA?
proposing to determine that the 2016. 1. Submitting Confidential Business
Pittsburgh Area attained the 2008 ozone
ADDRESSES: Submit your comments, Information (CBI). Do not submit CBI to
NAAQS by its July 20, 2016 attainment
identified by Docket ID No. EPA–R08– the EPA through http://
date, does not have tribal implications
OAR–2013–0145 at http:// www.regulations.gov or email. Clearly
as specified by Executive Order 13175
www.regulations.gov. Follow the online mark the part or all of the information
(65 FR 67249, November 9, 2000),
instructions for submitting comments. that you claim to be CBI. For CBI
because this proposed determination of
Once submitted, comments cannot be information on a disk or CD–ROM that
attainment does not apply in Indian
edited or removed from regulations.gov. you mail to the EPA, mark the outside
country located in the state, and EPA
The EPA may publish any comment of the disk or CD–ROM as CBI and then
notes that it will not impose substantial
received to its public docket. Do not identify electronically within the disk or
direct costs on tribal governments or
submit electronically any information CD–ROM the specific information that
preempt tribal law.
you consider to be Confidential is claimed as CBI. In addition to one
List of Subjects in 40 CFR Part 52 Business Information (CBI) or other complete version of the comment that
information whose disclosure is includes information claimed as CBI, a
Environmental protection, Air restricted by statute. Multimedia copy of the comment that does not
pollution control, Ozone, Incorporation submissions (audio, video, etc.,) must be contain the information claimed as CBI
by reference, Intergovernmental accompanied by a written comment. must be submitted for inclusion in the
relations, Reporting and recordkeeping The written comment is considered the public docket. Information so marked
requirements. official comment and should include will not be disclosed except in
Lhorne on DSK30JT082PROD with PROPOSALS
Authority: 42 U.S.C. 7401 et seq. discussion of all points you wish to accordance with procedures set forth in
make. The EPA will generally not 40 CFR part 2.
Dated: August 12, 2016.
consider comments or comment 2. Tips for preparing your comments.
Shawn M. Garvin, When submitting comments, remember
contents located outside of the primary
Regional Administrator, Region III. submission (i.e., on the web, cloud, or to:
[FR Doc. 2016–20313 Filed 8–24–16; 8:45 am] other file sharing system). For • Identify the rulemaking by docket
BILLING CODE 6560–50–P additional submission methods, the full number and other identifying
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![Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules 58439
information (subject heading, Federal reference of the PSD rules; revisions to State updates the incorporation by
Register, date, and page number); add PM2.5 methods of measurement; reference date in 33–15–15–01.2 for 40
• Follow directions and organize your revisions to remove permitting fees for CFR 52.21, paragraphs (a)(2) through (e),
comments; sources that operate an air monitoring (h) through (r), (v), (w), (aa) and (bb) to
• Explain why you agree or disagree; site; and a revision to streamline the as they exist on January 1, 2012. We
• Suggest alternatives and substitute administrative fee process. The acted on the approval of incorporating
language for your requested changes; revisions also make clarifying changes. 40 CFR 52.21(b)(14)(i) through (iii);
• Describe any assumptions and The January 2013 submittal adds a (b)(15)(i) and (ii); and paragraph (c)
provide any technical information and/ sentence to 33–15–01–13.3, ‘‘[t]he pertaining to major and minor source
or data that you used; provisions of this subsection do not baseline dates and ambient air
• If you estimate potential costs or apply to sources that are subject to
increments in our July 30, 2013 final
burdens, explain how you arrived at monitoring requirements in chapter 33–
rule (78 FR 45866) approving the State’s
your estimate in sufficient detail to 15–21,’’ to clarify that the alternative
allow for it to be reproduced; monitoring requirements in this rule do demonstration that the North Dakota SIP
• Provide specific examples to not apply to sources that are required to meets the infrastructure requirements of
illustrate your concerns, and suggest comply with the acid rain rules and the CAA for the National Ambient Air
alternatives; exempts sources subject to acid rain Quality Standards (NAAQS)
• Explain your views as clearly as requirements in chapter 33–15–21, Acid promulgated for PM2.5 on July 18, 1997
possible, avoiding the use of profanity Rain Program, from the continuous and on October 17, 2006. In doing so,
or personal threats; and emission monitoring system (CEMS) paragraphs (b)(14)(i) through (iii);
• Make sure to submit your failures requirements found in 33–15– (b)(15)(i) and (ii); and paragraph (c)
comments by the comment period 01–13.3 of the General Provisions were added to 40 CFR 52.1829 as
deadline identified. chapter. Instead, 33–15–21–09.1 paragraphs (c) and (d). We are proposing
requires that CEMS monitoring, to not act on incorporating the
II. Background
recordkeeping, and reporting remainder of 40 CFR 52.21 as they exist
A. On January 28, 2013, the State of requirements found in 40 CFR part 75 on January 1, 2012, because this
North Dakota submitted a SIP revision and its appendices apply to sources revision is superseded by the revision in
containing amendments to Article 33– subject to acid rain requirements. This the State’s April 22, 2014 submittal to
15 Air Pollution Control rules. The revision is for clarification purposes, incorporate the same portions of 40 CFR
amendments: Update the PSD rules; add and we propose to approve it. Likewise, 52.21 as they existed on July 1, 2013.
PM2.5 methods of measurement; revise we propose to approve the State’s
permit fee processing; remove There are additional revisions in the
revisions to 33–15–05–04.3 that indicate
permitting fees for sources that operate PM2.5 measurements must be made in State’s January 28, 2013 PSD rules in
an air monitoring site; and make accordance with 40 CFR 51, Appendix 33–15–15–01.2. that we propose to
clarifying changes. The North Dakota M, Recommended Test Methods for approve. First, the State relocates 40
State Health Council adopted the State Implementation Plans and CFR 52.21(b)(50)(i)(c) and (b)(50)(i)(d) to
amendments on August 14, 2012 clarifies the definition of PM10 correct numerical order. Second, the
(effective January 1, 2013). determinations under the same method. State revises 40 CFR 52.21(d) consistent
B. On April 22, 2014, the State of The State revised section 33–15–14– with the federal rule at the same citation
North Dakota submitted a SIP revision 02.13.c(4) by deleting ‘‘or are subject to by changing ‘‘[n]o concentration of a
containing amendments to Article 33– a standard under chapter 33–15–22,’’ to contaminant shall exceed the ambient
15 Air Pollution Control rules. The clarify that sources subject to the air quality standards in chapter 33–15–
amendments: Update the PSD rules and national emission standards for 02 for these areas subject to regulation
the definition of ‘‘volatile organic hazardous air pollutants (40 CFR part under this article and the national
compounds’’; revise the PM2.5 state 63) in chapter 33–15–22, Emissions ambient air quality standards in all
ambient air quality standard and Standards for Hazardous Air Pollutants other areas of the United States’’ to
permissible open burning rule; and for Source Categories, do not need a ‘‘[n]o concentration of a contaminant
clarify excess emissions reporting permit to construct if they meet the shall exceed: (1) The concentration
requirements. The North Dakota State exemption requirements found in 33– permitted under the national primary
Health Council adopted the 15–14–02.13. The State requested this and secondary ambient air quality
amendments on February 11, 2014 revision to clarify that sources at minor standards. (2) The concentration
(effective April 1, 2014). facilities do not require a permit. Since permitted by the ambient air quality
the North Dakota SIP already exempts standards in chapter 33–15–02.’’ Third,
III. The EPA’s Review of the State of engine sources whose emissions are
North Dakota’s January 28, 2013 and the State revises 40 CFR 52.21(k)(1)
below certain thresholds (see 33–15–14– consistent with the federal regulations
April 22, 2014 Submittals 02.13(c)(1), (2), (3)) and also requires at 40 CFR 52.21(k)(1)(i) by changing
We evaluated North Dakota’s January major hazardous air pollutant sources
‘‘[a]ny ambient air quality standard in
28, 2013 and April 22, 2014 submittals subject to maximum achievable control
chapter 33–15–02 for those areas subject
regarding revisions to the State’s Air technology (MACT) to obtain a permit
to regulation under this article and the
Pollution Control rules. We propose to (see 33–15–22), we agree that this
national ambient air quality standards
approve some of the revisions and not revision is for clarification purposes and
propose to approve it. in all other areas of the United States;
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act on other revisions.
The State makes a number of or’’ to ‘‘[a]ny national ambient air
A. January 28, 2013 SIP Submittal revisions in their January 28, 2013 quality standard or any standard in
The State’s January 28, 2013 SIP submittal to their PSD rules found in chapter 33–15–02.’’ The State
submittal includes the following types chapter 33–15–15; some of the revisions recognizes their current regulations
of amendments to the State’s air quality we approved in prior actions, while inadvertently do not include (i) after 40
rules: Revisions to update State-specific other revisions were superseded by CFR 52.21(k)(1) and will revise the
additions to the incorporation by subsequent SIP submittals. First, the language to read 40 CFR 52.21(k)(1)(i) in
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![58440 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules
a future submittal.1 Fourth, the State to minimize dust from becoming effects of ozone, the EPA and state
also revised 40 CFR 52.21(v)(2)(iv)(a) airborne’’). In doing this the State governments limit the amount of VOC—
consistent with the federal rule at the modified the existing SIP by removing organic compounds of carbon—that can
same citation by adding ‘‘national the exemption and requirement related be released into the atmosphere. Section
ambient air quality standard or any’’ to agricultural activities and fugitive 302(s) of the CAA specifies that the EPA
and deleting ‘‘regulation under this dust under chapter 33–15–17, has the authority to define the meaning
article and the national ambient air Restriction of Fugitive Emissions, and of ‘‘VOC,’’ and hence what compounds
quality standards in all other areas of adding the same requirement related to shall be treated as VOC for regulatory
the United States.’’ We propose to agricultural activities and fugitive dust purposes. The EPA defines VOCs at 40
approve all of these changes. to chapter 33–15–03, Restriction of CFR 51.100(s) and VOC exclusions,
We also propose to approve in the Emission of Visible Air Contaminants. determined to have negligible
January 28, 2013 submittal revisions to We view these changes as non- photochemical reactivity, at
chapter 33–15–23, Fees, allowing billing substantive, SIP-strengthening, and 51.100(s)(1). In its January 2013
statements to be sent to applicants clarifying because it removes an submittal, the State updates 33–15–01–
before final determinations have been exemption and moves a requirement to 04, Definitions, to include the
made (33–15–23–02.2.c) and removing a related area in the SIP. Third, the State incorporation by reference of 40 CFR
the permit fee for sources that operate inserted a reference to the exceptions 51.100(s) as it exists on January 1, 2012.
an air monitoring site (33–15–23–03.1). found in 33–15–03–04 to the restrictions Subsequently, in its April 2014
CAA section 110(a)(2)(E) requires that a on the emission of visible air submittal, the State updates 33–15–01–
state implementation plan provide contaminants in chapter 33–15–03 04, Definitions, again to include the
assurances that the state will have, Restriction of Emissions of Visible Air incorporation by reference of 40 CFR
among other items, adequate funding to Contaminants into 33–15–17–02.4, 51.100(s) as it exists on July 1, 2013.
carry out the implementation plan. which has the effect of referring the The April 2014 submittal supersedes the
Sending billing statements earlier than reader to exceptions already located January 2013 submittal, thus we are
currently required under the SIP within another chapter of the State’s proposing to approve the April 2014
impacts the timing of when the fees are rules, which we characterize as a revision because it incorporates by
billed and collected. Therefore, it is clarifying revision. We propose to reference the EPA’s rule provisions.
appropriate to propose to approve approve all of these as clarifying, SIP- The CAA also requires the EPA to set
because the change impacts the timing. strengthening, and non-substantive National Ambient Air Quality Standards
The deletion of the criteria that describe revisions. (40 CFR part 50) for pollutants
this category is approvable because Finally, we are not acting on the considered harmful to public health and
under 33–15–23–03.2 North Dakota will revision to 33–15–01–04 as this revision the environment and identifies two
continue to charge fees to sources based to the incorporation by reference date is types of national ambient air quality
on actual costs incurred by the State for superseded by a revision in the April standards: Primary standards provide
the following: (1) Observation of source 2014 submittal. We are also not acting public health protection, including
or performance specification testing; on revisions to 33–15–03–04.4 and 33– protecting the health of ‘‘sensitive’’
and (2) audits of source operated 15–05–01.2a(1) to remove improper populations such as asthmatics,
ambient air monitoring networks. exemptions from emissions limitations children, and the elderly; and
In this submittal, the State also made as we acted on these previously (79 FR Secondary standards provide public
clarifying revisions to three other SIP 63045). We will act on revisions to 33– welfare protection, including protection
provisions. First, the State modified the 15–14–02.1, 33–15–14–02.5.a and 33– against decreased visibility and damage
abbreviation of PM10 (33–15–01–05) by 15–15–01-.2 in a future rulemaking and to animals, crops, vegetation, and
adding the phrase ‘‘less than or equal’’ thus are not acting on these revisions at buildings. In 2012 (78 FR 3086), the
and deleting the less than or equal to this time. EPA revised the primary (health-based)
symbol. Second, the State moved and annual PM2.5 standard by lowering the
B. April 22, 2014 SIP Submittal
modified language related to level from 15 micrograms per cubic
agricultural practices and fugitive The State’s April 22, 2014 SIP meter (mg/m3) to 12.0 mg/m3 so as to
emissions from chapter 33–15–17 submittal includes the following types provide increased protection against
Restriction of Fugitive Emission to of amendments to the State’s air quality health effects associated with long- and
chapter 33–15–03 Restriction of rules: Revisions to update the dates of short-term exposures (including
Emissions of Visible Air Contaminants incorporation by reference of the (1) premature mortality, increased hospital
(the State deleted from 33–15–17–02.6 PSD rules, and (2) the definition of admissions and emergency department
‘‘[a]gricultural activities related to the ‘‘volatile organic compounds’’; revisions visits, and development of chronic
normal operations of a farm shall be to lower the PM2.5 State ambient air respiratory disease). Accordingly, the
exempt from the requirements of this quality standard; revisions to clarify the State’s April 2014 submittal revises the
section. However, agricultural practices permissible open burning rule; a PM2.5 primary standard in Table 1.
such as tilling of land, application of revision that clarifies that the required Ambient Air Quality Standards of
fertilizers, and the harvesting of crops excess emissions reporting requirements chapter 33–15–02 from 15.0 mg/m3 to
shall be managed in such a manner as are for sources that operate continuous match the federal standard of 12.0 mg/
to minimize dust from becoming emission monitors; and a revision that m3. We propose to approve this revision
airborne,’’ and then added the following removes a category of fees. because it is consistent with the federal
The CAA requires the regulation of
Lhorne on DSK30JT082PROD with PROPOSALS
sentence to 33–15–03–04.5 ‘‘[h]owever, standard.
agricultural practices such as tilling of volatile organic compounds (VOCs) for In addition, we propose to approve
land, application of fertilizers, various purposes. For example, revisions in the April 2014 submittal
harvesting of crops, and other activities tropospheric ozone, commonly known that revise 33–15–04–02.2.a to require
shall be managed in such a manner as as smog, is formed when VOC and that any type of permissible burning
nitrogen oxides (NOX) react in the listed in 33–15–04–02.1 will not create
1 Refer to docket #EPA–R08–OAR–2013–0145 for atmosphere in the presence of sunlight. ‘‘air pollution’’ as defined by the State
documentation. Thus, because of the harmful health in 33–15–04 (33–15–04–02.2.a); and to
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![58442 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules
person identified in the ‘‘For Further Country, the rule does not have tribal Business Information (CBI) or other
Information Contact’’ section of this implications and will not impose information whose disclosure is
preamble for more information). substantial direct costs on tribal restricted by statute. Multimedia
governments or preempt tribal law as submissions (audio, video, etc.) must be
VI. Statutory and Executive Orders
specified by Executive Order 13175 (65 accompanied by a written comment.
Review
FR 67249, November 9, 2000). The written comment is considered the
Under the CAA, the Administrator is official comment and should include
required to approve a SIP submission List of Subjects in 40 CFR Part 52
discussion of all points you wish to
that complies with the provisions of the Environmental protection, Air make. The EPA will generally not
Act and applicable federal regulations pollution control, Carbon monoxide, consider comments or comment
(42 U.S.C. 7410(k), 40 CFR 52.02(a)). Incorporation by reference, contents located outside of the primary
Thus, in reviewing SIP submissions, the Intergovernmental relations, submission (i.e., on the web, cloud, or
EPA’s role is to approve state choices, Greenhouse gases, Lead, Nitrogen other file sharing system). For
provided that they meet the criteria of dioxide, Ozone, Particulate matter, additional submission methods, the full
the CAA. Accordingly, this proposed Reporting and recordkeeping EPA public comment policy,
action merely approves some state law requirements, Sulfur oxides, Volatile information about CBI or multimedia
as meeting federal requirements; this organic compounds. submissions, and general guidance on
proposed action does not impose Authority: 42 U.S.C. 7401 et seq. making effective comments, please visit
additional requirements beyond those http://www2.epa.gov/dockets/
imposed by state law. For that reason, Dated: August 11, 2016.
commenting-epa-dockets.
this proposed action: Debra H. Thomas,
FOR FURTHER INFORMATION CONTACT:
• Is not a ‘‘significant regulatory Acting Regional Administrator, Region 8.
Edward J. Linky, Environmental
action’’ subject to review by the Office [FR Doc. 2016–20320 Filed 8–24–16; 8:45 am]
Protection Agency, Air Programs
of Management and Budget under BILLING CODE 6560–50–P
Branch, 290 Broadway, New York, New
Executive Order 12866 (58 FR 51735,
York 1007–1866 at 212–637–3764 or by
October 4, 1993);
• Does not impose an information ENVIRONMENTAL PROTECTION email at Linky.Edward@epa.gov.
collection burden under the provisions AGENCY SUPPLEMENTARY INFORMATION: In the
of the Paperwork Reduction Act (44 final rules section of this Federal
U.S.C. 3501 et seq.); 40 CFR Part 62 Register, the EPA is approving the
• Is certified as not having a [EPA–R02–OAR–2016–0088; FRL 9951–23–
Virgin Islands’ negative declaration
significant economic impact on a Region 2] submitted December 1, 2015 as a direct
substantial number of small entities final rule without prior proposal
under the Regulatory Flexibility Act (5 Approval and Promulgation of State because the Agency views this as a
U.S.C. 601 et seq.); Plans for Designated Facilities and noncontroversial revision amendment
• Does not contain any unfunded Pollutants; Virgin Islands; Sewage and anticipates no adverse comments to
mandate or significantly or uniquely Sludge Incinerators this action.
affect small governments, as described A detailed rationale for the approval
in the Unfunded Mandates Reform Act AGENCY: Environmental Protection is set forth in the direct final rule. If no
of 1995 (Pub. L. 104–4); Agency (EPA). adverse comments are received in
• Does not have federalism ACTION: Proposed rule. response to this action, no further
implications as specified in Executive SUMMARY: The Environmental Protection activity is contemplated in relation to
Order 13132 (64 FR 43255, August 10, Agency (EPA) proposes to approve the this action. If the EPA receives adverse
1999); Clean Air Act (CAA) section 111(d)/129 comments, the direct final rule will be
• Is not an economically significant withdrawn and all public comments
negative declaration for the Government
regulatory action based on health or received will be addressed in a
of the United States Virgin Islands, for
safety risks subject to Executive Order subsequent final rule based on this
existing sewage sludge incinerator (SSI)
13045 (62 FR 19885, April 23, 1997); proposed action. The EPA will not
units. This negative declaration certifies
• Is not a significant regulatory action institute a second comment period on
that existing SSI units subject to
subject to Executive Order 13211 (66 FR this action. Any parties interested in
sections 111(d) and 129 of the CAA do
28355, May 22, 2001); commenting on this action should do so
• Is not subject to requirements of not exist within the jurisdiction of the
United States Virgin Islands. The EPA is at this time. For additional information,
Section 12(d) of the National see the direct final rule which is located
Technology Transfer and Advancement accepting the negative declaration in
accordance with the requirements of the in the rules section of this Federal
Act of 1995 (15 U.S.C. 272 note) because Register.
application of those requirements would CAA.
be inconsistent with the CAA; and, DATES: Comments must be received on List of Subjects in 40 CFR Part 62
• Does not provide the EPA with the or before September 26, 2016. Environmental protection, Air
discretionary authority to address, as ADDRESSES: Submit your comments, pollution control, Administrative
appropriate, disproportionate human identified by Docket ID No. EPA–R02– practice and procedure,
health or environmental effects, using OAR–2016–0088 to http:// Intergovernmental relations, Reporting
practicable and legally permissible www.regulations.gov. Follow the online
Lhorne on DSK30JT082PROD with PROPOSALS
and recordkeeping requirements,
methods, under Executive Order 12898 instructions for submitting comments. Sewage sludge incinerators.
(59 FR 7629, February 16, 1994). Once submitted, comments cannot be
The SIP is not approved to apply on edited or removed from Regulations.gov. Dated: August 8, 2016.
any Indian reservation land or in any The EPA may publish any comment Judith A. Enck,
other area where the EPA or an Indian received to its public docket. Do not Regional Administrator, Region 2.
tribe has demonstrated that a tribe has submit electronically any information [FR Doc. 2016–20304 Filed 8–24–16; 8:45 am]
jurisdiction. In those areas of Indian you consider to be Confidential BILLING CODE 6560–50–P
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Document Created: 2016-08-25 00:35:10
Document Modified: 2016-08-25 00:35:10
| 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 September 26, 2016. | |
| Contact | Jaslyn Dobrahner, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6252, [email protected] | |
| FR Citation | 81 FR 58438 | |
| 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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