82 FR 46681 - Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2010 SO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 193 (October 6, 2017)

Page Range		46681-46682
FR Document		2017-21520

The Environmental Protection Agency (EPA) is approving 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 (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for sulfur dioxide (SO<INF>2</INF>) on June 2, 2010, and fine particulate matter (PM<INF>2.5</INF>) on December 14, 2012.

Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017)

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46681-46682]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21520]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0558, FRL-9969-00-Region 8]


Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 2010 SO2 and 2012 PM2.5 National 
Ambient Air Quality Standards; North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 (CAA) for the National Ambient Air Quality 
Standards (NAAQS) promulgated for sulfur dioxide (SO2) on 
June 2, 2010, and fine particulate matter (PM2.5) on 
December 14, 2012.

DATES: This rule is effective on November 6, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2013-0558. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through http://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, 8:00 a.m. to 4:00 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Kate Gregory, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6175, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Infrastructure requirements for SIPs are set forth in section 
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific 
infrastructure elements that a SIP must contain or satisfy. The 
elements that are the subject of this action are described in detail in 
our notice of proposed rulemaking published on June 6, 2017 (82 FR 
25999).
    In our proposed rule, the EPA proposed to approve some 
infrastructure elements and to take no action on others for the 2010 
SO2 and 2012 PM2.5 NAAQS from the State's March 
7, 2013 and August 23, 2015 certifications,\1\ respectively. In this 
rulemaking, we are taking final action to approve those infrastructure 
elements from the State's certifications for which we proposed 
approval.
---------------------------------------------------------------------------

    \1\ ``Where an air agency determines that the provisions in or 
referred to by its existing EPA approved SIP are adequate with 
respect to a given infrastructure SIP element (or sub element) even 
in light of the promulgation of a new or revised NAAQS, the air 
agency may make a SIP submission in the form of a certification.'' 
EPA's ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and (2),'' September 
13, 2013, at 7.
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II. Response to Comments

    No comments were received on our June 29, 2017 notice of proposed 
rulemaking.

III. Final Action

    For reasons expressed in the proposed rule, the EPA is taking final 
action to approve infrastructure elements from the State's 
certifications as shown in Table 1. Elements we are taking no action on 
are reflected in Table 2.

 Table 1--List of North Dakota Infrastructure Elements and Revisions the
                            EPA Is Approving
------------------------------------------------------------------------
                                Approval
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March 7, 2013 submittal--2010 SO2 NAAQS: (A), (B), (C), (D)(i)(II)
 prongs 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
August 23, 2015 submittal--2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II)
 prongs 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M).
------------------------------------------------------------------------


[[Page 46682]]


Table 2--List of North Dakota Infrastructure Elements and Revisions That
                     the EPA Is Taking No Action On
------------------------------------------------------------------------
      No action (revision to be made in separate rulemaking action)
-------------------------------------------------------------------------
March 7, 2013 submittal--2010 SO2 NAAQS: (D)(i)(I) prongs 1 and 2.
August 23, 2015 submittal--2012 PM2.5 NAAQS: (D)(i)(I) prongs 1 and 2.
------------------------------------------------------------------------

IV. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide 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).
    In addition, 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 5, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See CAA Section 307(b)(2)).

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: September 18, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart JJ--North Dakota

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


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

* * * * *
    (f) The North Dakota Department of Health provided submissions to 
meet infrastructure requirements for the State of North Dakota for the 
2010 SO2 and 2012 PM2.5 NAAQS on March 7, 2013 
and August 23, 2015, respectively. The State's Infrastructure SIP for 
the 2010 SO2 and 2012 PM2.5 NAAQS is approved 
with respect to section (110)(a)(1) and the following elements of 
section (110)(a)(2): (A), (B), (C) with respect to minor NSR and PSD 
requirements, (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), 
and (M).

[FR Doc. 2017-21520 Filed 10-5-17; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 46681

PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. § 52.1320 Identification of plan.
PROMULGATION OF * * * * *
Subpart AA—Missouri
IMPLEMENTATION PLANS (e)* * *
■ 2. Amend § 52.1320(e) by adding
■ 1. The authority citation for part 52 entry (63) in numerical order to read as
continues to read as follows: follows:

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Applicable
Name of non- geographic or State submittal EPA approval date Explanation
regulatory SIP revision nonattainment date
area

* * * * * * *
(63) Sections 110 (a)(1) Statewide .......... 7/8/13 10/6/17, [Insert Federal This action approves the following CAA elements:
and 110(a)(2) Infra- Register citation]. 110(a)(1) and 110(a)(2)(A), (B), (C), (D)(i)(II)—
structure Requirements prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L),
for the 2008 Ozone and (M). 110(a)(2)(D)(i)(I)—prongs 1 and 2 are
NAAQS. addressed by a Federal Implementation Plan.
110(a)(2)(I) is not applicable. [EPA–R07–OAR–
2015–0356; FRL–9968–82–Region 7.]

* * * * * * *

[FR Doc. 2017–21528 Filed 10–5–17; 8:45 am] Certain other material, such as and August 23, 2015 certifications,1
BILLING CODE 6560–50–P copyrighted material, is not placed on respectively. In this rulemaking, we are
the Internet and will be publicly taking final action to approve those
available only in hard copy form. infrastructure elements from the State’s
ENVIRONMENTAL PROTECTION Publicly available docket materials are certifications for which we proposed
AGENCY available either electronically through approval.
http://www.regulations.gov or in hard
40 CFR Part 52 copy at the Air Program, Environmental II. Response to Comments
[EPA–R08–OAR–2013–0558, FRL–9969–00– Protection Agency (EPA), Region 8, No comments were received on our
Region 8] 1595 Wynkoop Street, Denver, Colorado June 29, 2017 notice of proposed
80202–1129. The EPA requests that if at rulemaking.
Promulgation of State Implementation all possible, you contact the individual
III. Final Action
Plan Revisions; Infrastructure listed in the FOR FURTHER INFORMATION
Requirements for the 2010 SO2 and CONTACT section to view the hard copy For reasons expressed in the proposed
2012 PM2.5 National Ambient Air of the docket. You may view the hard rule, the EPA is taking final action to
Quality Standards; North Dakota copy of the docket Monday through approve infrastructure elements from
Friday, 8:00 a.m. to 4:00 p.m., excluding the State’s certifications as shown in
AGENCY: Environmental Protection federal holidays. Table 1. Elements we are taking no
Agency (EPA). action on are reflected in Table 2.
FOR FURTHER INFORMATION CONTACT: Kate
ACTION: Final rule. Gregory, Air Program, U.S.
Environmental Protection Agency TABLE 1—LIST OF NORTH DAKOTA IN-
SUMMARY: The Environmental Protection
(EPA), Region 8, Mail Code 8P–AR, FRASTRUCTURE ELEMENTS AND RE-
Agency (EPA) is approving elements of
State Implementation Plan (SIP) 1595 Wynkoop Street, Denver, Colorado VISIONS THE EPA IS APPROVING
revisions from the State of North Dakota 80202–1129, (303) 312–6175,
to demonstrate the State meets gregory.kate@epa.gov. Approval
infrastructure requirements of the Clean SUPPLEMENTARY INFORMATION:
March 7, 2013 submittal—2010 SO2 NAAQS:
Air Act (CAA) for the National Ambient I. Background (A), (B), (C), (D)(i)(II) prongs 3 and 4,
Air Quality Standards (NAAQS) (D)(ii), (E), (F), (G), (H), (J), (K), (L) and
Infrastructure requirements for SIPs
promulgated for sulfur dioxide (SO2) on (M).
are set forth in section 110(a)(1) and (2) August 23, 2015 submittal—2012 PM2.5
June 2, 2010, and fine particulate matter
of the CAA. Section 110(a)(2) lists the NAAQS: (A), (B), (C), (D)(i)(II) prongs 3
(PM2.5) on December 14, 2012.
specific infrastructure elements that a and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L)
DATES: This rule is effective on SIP must contain or satisfy. The and (M).
November 6, 2017. elements that are the subject of this
ADDRESSES: The EPA has established a action are described in detail in our
asabaliauskas on DSKBBXCHB2PROD with RULES

1 ‘‘Where an air agency determines that the
docket for this action under Docket ID notice of proposed rulemaking
provisions in or referred to by its existing EPA
No. EPA–R08–OAR–2013–0558. All published on June 6, 2017 (82 FR approved SIP are adequate with respect to a given
documents in the docket are listed on 25999). infrastructure SIP element (or sub element) even in
the http://www.regulations.gov Web In our proposed rule, the EPA light of the promulgation of a new or revised
site. Although listed in the index, some proposed to approve some infrastructure NAAQS, the air agency may make a SIP submission
in the form of a certification.’’ EPA’s ‘‘Guidance on
information is not publicly available, elements and to take no action on others Infrastructure State Implementation Plan (SIP)
e.g., CBI or other information whose for the 2010 SO2 and 2012 PM2.5 Elements under Clean Air Act Sections 110(a)(1)
disclosure is restricted by statute. NAAQS from the State’s March 7, 2013 and (2),’’ September 13, 2013, at 7.

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46682 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations

TABLE 2—LIST OF NORTH DAKOTA IN- • Does not provide the EPA with the Dated: September 18, 2017.
FRASTRUCTURE ELEMENTS AND RE- discretionary authority to address, as Suzanne J. Bohan,
VISIONS THAT THE EPA IS TAKING appropriate, disproportionate human Acting Regional Administrator, Region 8.
NO ACTION ON health or environmental effects, using
40 CFR part 52 is amended to read as
practicable and legally permissible
follows:
No action methods, under Executive Order 12898
(revision to be made in separate rulemaking (59 FR 7629, February 16, 1994). PART 52—APPROVAL AND
action) In addition, the SIP is not approved PROMULGATION OF
to apply on any Indian reservation land IMPLEMENTATION PLANS
March 7, 2013 submittal—2010 SO2 NAAQS: or in any other area where the EPA or
(D)(i)(I) prongs 1 and 2.
August 23, 2015 submittal—2012 PM2.5
an Indian tribe has demonstrated that a ■ 1. The authority citation for Part 52
NAAQS: (D)(i)(I) prongs 1 and 2. tribe has jurisdiction. In those areas of continues to read as follows:
Indian country, the rule does not have Authority: 42 U.S.C. 7401 et seq.
IV. Statutory and Executive Orders tribal implications and will not impose
Review substantial direct costs on tribal Subpart JJ—North Dakota
governments or preempt tribal law as
Under the Clean Air Act, the specified by Executive Order 13175 (65 ■ 2. Section 52.1833 is amended by
Administrator is required to approve a FR 67249, November 9, 2000). adding paragraph (f) to read as follows:
SIP submission that complies with the The Congressional Review Act, 5
provisions of the Act and applicable § 52.1833 Section 110(a)(2) infrastructure
U.S.C. 801 et seq., as added by the Small requirements.
federal regulations. 42 U.S.C. 7410(k); Business Regulatory Enforcement
40 CFR 52.02(a). Thus, in reviewing SIP Fairness Act of 1996, generally provides * * * * *
submissions, the EPA’s role is to that before a rule may take effect, the (f) The North Dakota Department of
approve state choices, provided that agency promulgating the rule must Health provided submissions to meet
they meet the criteria of the Clean Air submit a rule report, which includes a infrastructure requirements for the State
Act. Accordingly, this action merely copy of the rule, to each House of the of North Dakota for the 2010 SO2 and
approves state law as meeting federal Congress and to the Comptroller General 2012 PM2.5 NAAQS on March 7, 2013
requirements and does not impose of the United States. The EPA will and August 23, 2015, respectively. The
additional requirements beyond those submit a report containing this action State’s Infrastructure SIP for the 2010
imposed by state law. For that reason, and other required information to the SO2 and 2012 PM2.5 NAAQS is
this action: U.S. Senate, the U.S. House of approved with respect to section
• Is not a significant regulatory action Representatives, and the Comptroller (110)(a)(1) and the following elements of
subject to review by the Office of General of the United States prior to section (110)(a)(2): (A), (B), (C) with
Management and Budget under publication of the rule in the Federal respect to minor NSR and PSD
Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect requirements, (D)(i)(II), (D)(ii), (E), (F),
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the (G), (H), (J), (K), (L), and (M).
January 21, 2011); Federal Register. This action is not a [FR Doc. 2017–21520 Filed 10–5–17; 8:45 am]
• Does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. BILLING CODE 6560–50–P
collection burden under the provisions 804(2).
of the Paperwork Reduction Act (44 Under Section 307(b)(1) of the Clean
U.S.C. 3501 et seq.); Air Act, petitions for judicial review of ENVIRONMENTAL PROTECTION
• Is certified as not having a AGENCY
this action must be filed in the United
significant economic impact on a
States Court of Appeals for the
substantial number of small entities 40 CFR Part 52
appropriate circuit by December 5,
under the Regulatory Flexibility Act (5
2017. Filing a petition for [EPA–R04–OAR–2017–0105; FRL–9968–92–
U.S.C. 601 et seq.);
• Does not contain any unfunded reconsideration by the Administrator of Region 4]
mandate or significantly or uniquely this final rule does not affect the finality
of this action for the purposes of judicial Air Plan Approval; Florida; Permitting
affect small governments, as described Revisions
in the Unfunded Mandates Reform Act review nor does it extend the time
of 1995 (Pub. L. 104–4); within which a petition for judicial AGENCY: Environmental Protection
• Does not have federalism review may be filed, and shall not Agency (EPA).
implications as specified in Executive postpone the effectiveness of such rule
ACTION: Final rule.
Order 13132 (64 FR 43255, August 10, or action. This action may not be
1999); challenged later in proceedings to SUMMARY: The Environmental Protection
• Is not an economically significant enforce its requirements. (See CAA Agency (EPA) is finalizing approval of
regulatory action based on health or Section 307(b)(2)). portions of five State Implementation
safety risks subject to Executive Order List of Subjects in 40 CFR Part 52 Plan (SIP) revisions submitted by the
13045 (62 FR 19885, April 23, 1997); State of Florida, Department of
• Is not a significant regulatory action Environmental protection, Air Environmental Protection (FDEP),
subject to Executive Order 13211 (66 FR pollution control, Carbon monoxide, through the Florida Division of Air
asabaliauskas on DSKBBXCHB2PROD with RULES

28355, May 22, 2001); Incorporation by reference, Resource Management, on June 23,
• Is not subject to requirements of Intergovernmental relations, 1999, July 1, 2011, December 12, 2011,
section 12(d) of the National Greenhouse gases, Lead, Nitrogen February 27, 2013, and February 1,
Technology Transfer and Advancement dioxide, Ozone, Particulate matter, 2017. Florida’s SIP revisions recodify,
Act of 1995 (15 U.S.C. 272 note) because Reporting and recordkeeping clarify, and reorganize the State’s non-
application of those requirements would requirements, Sulfur oxides, Volatile title V air permitting and compliance
be inconsistent with the Clean Air Act; organic compounds. assurance program regulations
and Authority: 42 U.S.C. 7401 et seq. consistent with flexibility provided

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Document Created: 2017-10-06 00:08:46
Document Modified: 2017-10-06 00:08:46

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		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on November 6, 2017.
Contact		Kate Gregory, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6175, [email protected]
FR Citation		82 FR 46681
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