82_FR_47113 82 FR 46919 - Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Revisions to Air Pollution Control Rules

82 FR 46919 - Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Revisions to Air Pollution Control Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 194 (October 10, 2017)

Page Range46919-46921
FR Document2017-21606

The Environmental Protection Agency (EPA) is approving 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 add EPA Reference Method 22 to determine compliance with a visible emissions limit, add significance levels for PM<INF>2.5</INF>, modify existing significance levels for NO<INF>2</INF> and SO<INF>2</INF> and remove the significance level for PM<INF>10</INF>. This action is being taken under section 110 of the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 194 (Tuesday, October 10, 2017)
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46919-46921]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21606]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0019; FRL-9969-05-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
North Dakota; Revisions to Air Pollution Control Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 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 add EPA 
Reference Method 22 to determine compliance with a visible emissions 
limit, add significance levels for PM2.5, modify existing 
significance levels for NO2 and SO2 and remove 
the significance level for PM10. This action is being taken 
under section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on November 9, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2017-0019. 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 through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

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. Background

    In our notice of proposed rulemaking published on July 28, 2017 (82 
FR 35153), the EPA proposed to approve revisions to Article 33-15 Air 
Pollution Control rules of the North Dakota Administrative Code 
submitted by the State of North Dakota on January 28, 2013, and April 
22, 2014. In this rulemaking, we are taking final action on a revision 
submitted in the January 28, 2013 submittal to revise significance 
levels. The North Dakota State Health Council adopted those amendments 
on August 14, 2012 (effective January 1, 2013). In addition, we are 
also taking final action on a revision that was included in the April 
22, 2014 submittal to add EPA Reference Method 22 for determining 
opacity for limits expressed as zero percent opacity. The North Dakota 
State Health Council adopted those amendments on February 11, 2014 
(effective April 1, 2014). The reasons for our approval are provided in 
detail in the proposed rule.

II. Response to Comments

    We received no comments on our proposed rule.

III. Final Action

    For the reasons expressed in the proposed rule, the EPA is 
approving revisions to sections of the State's Air Pollution Control 
rules from the January 28, 2013, and April 22, 2014 submittals. A 
summary of the revisions in North Dakota's Air Pollution Control rules 
the EPA is approving is provided in Table 1.

    Table 1--List of North Dakota Revisions That the EPA Is Approving
------------------------------------------------------------------------
 Revisions in January 28, 2013 and April 22, 2014 submittals that EPA is
                                approving
-------------------------------------------------------------------------
January 28, 2013 submittal: 33-15-14-02.5.a.
April 22, 2014 submittal: 33-15-03-05.2.
------------------------------------------------------------------------

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of North 
Dakota Air Pollution Control rules described in the amendments set 
forth to 40 CFR part 52 below. 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 person identified 
in the FOR FURTHER INFORMATION CONTACT section of this preamble for 
more information).
    Therefore, these materials have been approved by the EPA for 
inclusion in the SIP, have been incorporated by reference by the EPA 
into that plan, are fully federally enforceable under sections 110 and 
113 of the CAA as of the effective date of the final rulemaking of the 
EPA's approval, and will be incorporated by reference by the Director 
of the Federal Register in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. 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 
final action merely approves some state law as meeting federal 
requirements; this final action does not impose additional requirements 
beyond those imposed by state law. For that reason, this final 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 46920]]

     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, Feb. 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).
    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 11, 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 25, 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. In Sec.  52.1820, the table in paragraph (c) is amended by revising 
the entries ``33-15-03-05'' and ``33-15-14-02'' to read as follows:


Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                State       EPA effective     Final rule
        Rule No.            Rule title     effective date       date        citation/date         Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          33-15-03. Restriction of Emission of Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
33-15-03-05............  Method of               4/1/2014       11/9/2017  [insert Federal
                          measurement.                                      Register
                                                                            citation], 10/
                                                                            10/2017.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 33-15-14. Designated Air Contaminant Sources Permit To Construct Minor Source Permit To Operate Title V Permit
                                                   To Operate
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
33-15-14-02............  Permit to               1/1/2013       11/9/2017  [insert Federal  Excluding
                          construct.                                        Register         subsections 1, 12,
                                                                            citation], 10/   13, 3.c., 13.b.1.,
                                                                            10/2017.         5, 13.c., 13.i(5),
                                                                                             13.o., and 19 (one
                                                                                             sentence) which
                                                                                             were subsequently
                                                                                             revised and
                                                                                             approved. See 57 FR
                                                                                             28619 (6/26/92),
                                                                                             regarding State's
                                                                                             commitment to meet
                                                                                             requirements of
                                                                                             EPA's ``Guideline
                                                                                             on Air Quality
                                                                                             Models (revised).''
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 46921]]

* * * * *
[FR Doc. 2017-21606 Filed 10-6-17; 8:45 am]
BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations                                        46919

                                             Incorporation by reference,                             FOR FURTHER INFORMATION CONTACT:                      described in the amendments set forth
                                             Intergovernmental regulations, Nitrogen                 Jaslyn Dobrahner, Air Program, U.S.                   to 40 CFR part 52 below. The EPA has
                                             dioxide, Particulate matter, Reporting                  Environmental Protection Agency                       made, and will continue to make, these
                                             and recordkeeping requirements, Sulfur                  (EPA), Region 8, Mail Code 8P–AR,                     materials generally available through
                                             dioxide, Volatile organic compounds.                    1595 Wynkoop Street, Denver, Colorado                 www.regulations.gov and/or at the EPA
                                                Authority: 42 U.S.C. 7401 et seq.                    80202–1129, (303) 312–6252,                           Region 8 Office (please contact the
                                                                                                     dobrahner.jaslyn@epa.gov.                             person identified in the FOR FURTHER
                                               Dated: September 26, 2017.                                                                                  INFORMATION CONTACT section of this
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             Alexis Strauss,                                                                                               preamble for more information).
                                             Acting Regional Administrator, Region IX.               I. Background
                                                                                                                                                             Therefore, these materials have been
                                             [FR Doc. 2017–21611 Filed 10–6–17; 8:45 am]                In our notice of proposed rulemaking               approved by the EPA for inclusion in
                                             BILLING CODE 6560–50–P                                  published on July 28, 2017 (82 FR                     the SIP, have been incorporated by
                                                                                                     35153), the EPA proposed to approve                   reference by the EPA into that plan, are
                                                                                                     revisions to Article 33–15 Air Pollution              fully federally enforceable under
                                             ENVIRONMENTAL PROTECTION                                Control rules of the North Dakota                     sections 110 and 113 of the CAA as of
                                             AGENCY                                                  Administrative Code submitted by the                  the effective date of the final rulemaking
                                                                                                     State of North Dakota on January 28,                  of the EPA’s approval, and will be
                                             40 CFR Part 52                                          2013, and April 22, 2014. In this                     incorporated by reference by the
                                                                                                     rulemaking, we are taking final action                Director of the Federal Register in the
                                             [EPA–R08–OAR–2017–0019; FRL–9969–05–
                                             Region 8]                                               on a revision submitted in the January                next update to the SIP compilation.1
                                                                                                     28, 2013 submittal to revise significance
                                                                                                     levels. The North Dakota State Health                 V. Statutory and Executive Orders
                                             Approval and Promulgation of Air                                                                              Review
                                             Quality Implementation Plans; North                     Council adopted those amendments on
                                             Dakota; Revisions to Air Pollution                      August 14, 2012 (effective January 1,                 Under the CAA, the Administrator is
                                             Control Rules                                           2013). In addition, we are also taking             required to approve a SIP submission
                                                                                                     final action on a revision that was                that complies with the provisions of the
                                             AGENCY:  Environmental Protection                       included in the April 22, 2014 submittal           Act and applicable federal regulations
                                             Agency (EPA).                                           to add EPA Reference Method 22 for                 (42 U.S.C. 7410(k), 40 CFR 52.02(a)).
                                             ACTION: Final rule.                                     determining opacity for limits expressed           Thus, in reviewing SIP submissions, the
                                                                                                     as zero percent opacity. The North                 EPA’s role is to approve state choices,
                                             SUMMARY:   The Environmental Protection                 Dakota State Health Council adopted                provided that they meet the criteria of
                                             Agency (EPA) is approving State                         those amendments on February 11, 2014              the CAA. Accordingly, this final action
                                             Implementation Plan (SIP) revisions                     (effective April 1, 2014). The reasons for         merely approves some state law as
                                             submitted by the State of North Dakota                  our approval are provided in detail in             meeting federal requirements; this final
                                             on January 28, 2013, and April 22, 2014.                the proposed rule.                                 action does not impose additional
                                             The revisions are to Article 33–15 Air                                                                     requirements beyond those imposed by
                                             Pollution Control rules of the North                    II. Response to Comments
                                                                                                                                                        state law. For that reason, this final
                                             Dakota Administrative Code. The                            We received no comments on our                  action:
                                             revisions include amendments to add                     proposed rule.                                        • Is not a ‘‘significant regulatory
                                             EPA Reference Method 22 to determine
                                                                                                     III. Final Action                                  action’’ subject to review by the Office
                                             compliance with a visible emissions
                                                                                                                                                        of Management and Budget under
                                             limit, add significance levels for PM2.5,                  For the reasons expressed in the
                                                                                                                                                        Executive Order 12866 (58 FR 51735,
                                             modify existing significance levels for                 proposed rule, the EPA is approving
                                                                                                                                                        Oct. 4, 1993);
                                             NO2 and SO2 and remove the                              revisions to sections of the State’s Air
                                             significance level for PM10. This action                Pollution Control rules from the January              • Does not impose an information
                                             is being taken under section 110 of the                 28, 2013, and April 22, 2014 submittals. collection burden under the provisions
                                             Clean Air Act (CAA).                                    A summary of the revisions in North                of the Paperwork Reduction Act (44
                                             DATES: This rule is effective on                        Dakota’s Air Pollution Control rules the U.S.C. 3501 et seq.);
                                             November 9, 2017.                                       EPA is approving is provided in Table                 • Is certified as not having a
                                                                                                     1.                                                 significant economic impact on a
                                             ADDRESSES: The EPA has established a
                                                                                                                                                        substantial number of small entities
                                             docket for this action under Docket ID
                                             No. EPA–R08–OAR–2017–0019. All                           TABLE 1—LIST OF NORTH DAKOTA RE- under the Regulatory Flexibility Act (5
                                             documents in the docket are listed on                      VISIONS THAT THE EPA IS APPROV- U.S.C. 601 et seq.);
                                             the http://www.regulations.gov Web                         ING                                                • Does not contain any unfunded
                                             site. Although listed in the index, some                                                                   mandate or significantly or uniquely
                                             information is not publicly available,
                                                                                                       Revisions in January 28, 2013 and April 22, 2014 affect small governments, as described
                                                                                                                submittals that EPA is approving
                                             e.g., CBI or other information whose                                                                       in the Unfunded Mandates Reform Act
                                             disclosure is restricted by statute.                    January 28, 2013 submittal: 33–15–14–02.5.a.       of 1995 (Pub. L. 104–4);
                                             Certain other material, such as                         April 22, 2014 submittal: 33–15–03–05.2.              • Does not have federalism
                                             copyrighted material, is not placed on                                                                     implications as specified in Executive
                                             the Internet and will be publicly                       IV. Incorporation by Reference                     Order 13132 (64 FR 43255, Aug. 10,
Pmangrum on DSK3GDR082PROD with RULES




                                             available only in hard copy form.                          In this rule, the EPA is finalizing             1999);
                                             Publicly available docket materials are                 regulatory text that includes                         • Is not an economically significant
                                             available through http://                               incorporation by reference. In                     regulatory action based on health or
                                             www.regulations.gov, or please contact                  accordance with requirements of 1 CFR              safety risks subject to Executive Order
                                             the person identified in the FOR FURTHER                51.5, the EPA is finalizing the                    13045 (62 FR 19885, April 23, 1997);
                                             INFORMATION CONTACT section for                         incorporation by reference of North
                                             additional availability information.                    Dakota Air Pollution Control rules                   1 62 FR 27968 (May 22, 1997).




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                                             46920            Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations

                                                • Is not a significant regulatory action                copy of the rule, to each House of the                   Incorporation by reference,
                                             subject to Executive Order 13211 (66 FR                    Congress and to the Comptroller General                  Intergovernmental relations,
                                             28355, May 22, 2001);                                      of the United States. The EPA will                       Greenhouse gases, Lead, Nitrogen
                                                • Is not subject to requirements of                     submit a report containing this action                   dioxide, Ozone, Particulate matter,
                                             section 12(d) of the National                              and other required information to the                    Reporting and recordkeeping
                                             Technology Transfer and Advancement                        U.S. Senate, the U.S. House of                           requirements, Sulfur oxides, Volatile
                                             Act of 1995 (15 U.S.C. 272 note) because                   Representatives, and the Comptroller                     organic compounds.
                                             application of those requirements would                    General of the United States prior to                        Authority: 42 U.S.C. 7401 et seq.
                                             be inconsistent with the CAA; and,                         publication of the rule in the Federal
                                                                                                        Register. A major rule cannot take effect                  Dated: September 25, 2017.
                                                • Does not provide the EPA with the
                                             discretionary authority to address, as                     until 60 days after it is published in the               Suzanne J. Bohan,
                                             appropriate, disproportionate human                        Federal Register. This action is not a                   Acting Regional Administrator, Region 8.
                                             health or environmental effects, using                     ‘‘major rule’’ as defined by 5 U.S.C.
                                                                                                        804(2).                                                    40 CFR part 52 is amended to read as
                                             practicable and legally permissible
                                                                                                          Under section 307(b)(1) of the Clean                   follows:
                                             methods, under Executive Order 12898
                                                                                                        Air Act, petitions for judicial review of
                                             (59 FR 7629, Feb. 16, 1994).                                                                                        PART 52—APPROVAL AND
                                                                                                        this action must be filed in the United
                                                The SIP is not approved to apply on                     States Court of Appeals for the                          PROMULGATION OF
                                             any Indian reservation land or in any                      appropriate circuit by December 11,                      IMPLEMENTATION PLANS
                                             other area where the EPA or an Indian                      2017. Filing a petition for
                                             tribe has demonstrated that a tribe has                    reconsideration by the Administrator of                  ■ 1. The authority citation for part 52
                                             jurisdiction. In those areas of Indian                     this final rule does not affect the finality             continues to read as follows:
                                             country, the rule does not have tribal                     of this action for the purposes of judicial
                                             implications and will not impose                                                                                        Authority: 42 U.S.C. 7401 et seq.
                                                                                                        review nor does it extend the time
                                             substantial direct costs on tribal                         within which a petition for judicial
                                             governments or preempt tribal law as                                                                                Subpart JJ—North Dakota
                                                                                                        review may be filed, and shall not
                                             specified by Executive Order 13175 (65                     postpone the effectiveness of such rule
                                             FR 67249, November 9, 2000).                               or action. This action may not be                        ■  2. In § 52.1820, the table in paragraph
                                                The Congressional Review Act, 5                         challenged later in proceedings to                       (c) is amended by revising the entries
                                             U.S.C. 801 et seq., as added by the Small                  enforce its requirements. (See CAA                       ‘‘33–15–03–05’’ and ‘‘33–15–14–02’’ to
                                             Business Regulatory Enforcement                            section 307(b)(2)).                                      read as follows:
                                             Fairness Act of 1996, generally provides                                                                            § 52.1820    Identification of plan.
                                             that before a rule may take effect, the                    List of Subjects in 40 CFR Part 52
                                             agency promulgating the rule must                            Environmental protection, Air                          *        *    *        *   *
                                             submit a rule report, which includes a                     pollution control, Carbon monoxide,                          (c) * * *

                                                                                             State                EPA                        Final rule
                                                   Rule No.            Rule title           effective           effective                                                              Comments
                                                                                                                                           citation/date
                                                                                              date                date


                                                       *                       *                         *                          *                       *                      *                     *

                                                                                           33–15–03. Restriction of Emission of Visible Air Contaminants


                                                     *                       *                           *                        *                       *                        *                     *
                                             33–15–03–05 ........     Method of                  4/1/2014         11/9/2017     [insert Federal Reg-
                                                                       measure-                                                     ister citation], 10/10/
                                                                       ment.                                                        2017.

                                                       *                       *                         *                          *                       *                      *                     *

                                                  33–15–14. Designated Air Contaminant Sources Permit To Construct Minor Source Permit To Operate Title V Permit To Operate


                                                     *                        *                          *                        *                       *                       *                    *
                                             33–15–14–02 ........     Permit to                  1/1/2013         11/9/2017     [insert Federal Reg-            Excluding subsections 1, 12, 13, 3.c., 13.b.1.,
                                                                        construct.                                                  ister citation], 10/10/       5, 13.c., 13.i(5), 13.o., and 19 (one sentence)
                                                                                                                                    2017.                         which were subsequently revised and ap-
                                                                                                                                                                  proved. See 57 FR 28619 (6/26/92), regard-
                                                                                                                                                                  ing State’s commitment to meet requirements
                                                                                                                                                                  of EPA’s ‘‘Guideline on Air Quality Models
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                                                                                                                                                                  (revised).’’

                                                       *                       *                         *                          *                       *                      *                     *




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                                                              Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations                                                      46921

                                             *      *     *       *      *                           FOR FURTHER INFORMATION CONTACT:                          335–3–16 (regarding major source
                                             [FR Doc. 2017–21606 Filed 10–6–17; 8:45 am]             Andres Febres of the Air Regulatory                       operating permits) to address EPA’s July
                                             BILLING CODE 6560–50–P                                  Management Section, Air Planning and                      20, 2011 rule deferring PSD
                                                                                                     Implementation Branch, Air, Pesticides                    requirements for carbon dioxide (CO2)
                                                                                                     and Toxics Management Division, U.S.                      emissions from bioenergy and other
                                             ENVIRONMENTAL PROTECTION                                Environmental Protection Agency,                          biogenic sources (hereinafter referred to
                                             AGENCY                                                  Region 4, 61 Forsyth Street SW.,                          as the ‘‘Biomass Deferral Rule’’).3
                                                                                                     Atlanta, Georgia 30303–8960. Mr.                          Alabama’s May 8, 2013, SIP submission
                                             40 CFR Part 52                                          Febres can be reached by telephone at                     also includes the following changes to
                                                                                                     (404) 562–8966 or via electronic mail at                  other Alabama rules: Changes to the
                                             [EPA–R04–OAR–2017–0360; FRL–9968–90–                    febres-martinez.andres@epa.gov.                           definition of Volatile Organic
                                             Region 4]
                                                                                                     SUPPLEMENTARY INFORMATION:                                Compounds (VOCs) at Rule 335–3–1–
                                             Air Plan Approval; Alabama:                                                                                       .02; changes to the incorporation by
                                                                                                     I. Background
                                             Prevention of Significant Deterioration                                                                           reference (IBR) of the Federal New
                                             Updates                                                    On May 8, 2013 and August 23, 2016,                    Source Performance Standards in
                                                                                                     ADEM submitted SIP revisions for                          Chapter 335–3–10 and National
                                             AGENCY:  Environmental Protection                       EPA’s approval that include changes to                    Emissions Standards for Hazardous Air
                                             Agency (EPA).                                           Alabama’s PSD permitting regulations,                     Pollutants in Chapter 335–3–11; and
                                             ACTION: Final rule.                                     among other changes. In a notice of                       changes regarding transportation
                                                                                                     proposed rulemaking published on                          conformity provisions at Rule Chapter
                                             SUMMARY:   The Environmental Protection                 August 15, 2017 (82 FR 38660), EPA                        335–3–16.
                                             Agency (EPA) is taking final action to                  proposed to approve certain portions of                      Alabama’s August 23, 2016, SIP
                                             approve portions of revisions to                        these submittals that make changes to                     submittal includes changes to Rule 335–
                                             Alabama’s State Implementation Plan                     ADEM Administrative Code Rule 335–                        3–14–.04 and Rule Chapter 335–3–16 to
                                             (SIP), submitted by the State of                        3–14–.04—‘‘Air Permits Authorizing                        remove the treatment of GHGs as an air
                                             Alabama, through the Alabama                            Construction in Clean Areas (Prevention                   pollutant for the specific purpose of
                                             Department of Environmental                             of Significant Deterioration Permitting                   determining whether a source is a major
                                             Management (ADEM), on May 8, 2013,                      (PSD)),’’ which applies to the                            source (or a modification thereof) in
                                             and August 23, 2016. The portions of                    construction or modification of any                       PSD and title V permitting
                                             these SIP revisions that EPA is                         major stationary source in areas                          requirements.4 The submittal also
                                             finalizing approval of relate to the                    designated as attainment or                               withdraws the portion of the State’s
                                             State’s Prevention of Significant                       unclassifiable as required by part C of                   May 8, 2013, SIP submittal that revises
                                             Deterioration (PSD) permitting program.                 title I of the CAA.                                       Rule 335–3–14–.04 to address the
                                             This action is being taken pursuant to                     Alabama’s May 8, 2013, SIP submittal                   Biomass Deferral Rule and makes
                                             the Clean Air Act (CAA or Act).                         includes changes to Rule 335–3–14–.04                     changes to the GHG Step 3 language
                                             DATES: This rule is effective November                  to address the Federal rule entitled                      proposed in Alabama’s May 8, 2013,
                                             9, 2017.                                                ‘‘Implementation of the New Source                        submittal.
                                                                                                     Review (NSR) Program for Particulate                         In the August 15, 2017, proposed
                                             ADDRESSES: EPA has established a
                                                                                                     Matter Less Than 2.5 Micrometers                          rulemaking, EPA proposed to approve
                                             docket for this action under Docket
                                                                                                     (PM2.5): Amendment to the Definition of                   only the portions of the May 8, 2013,
                                             Identification No. EPA–R04–OAR–
                                             2017–0360. All documents in the docket                  ‘Regulated NSR Pollutant’ Concerning                      submittal that make changes to the GHG
                                             are listed on the www.regulations.gov                   Condensable Particulate Matter,’’ 77 FR                   PAL provisions pursuant to the GHG
                                             Web site. Although listed in the index,                 65107 (October 25, 2012) (hereinafter                     Step 3 rule and the portions of the
                                             some information may not be publicly                    referred to as the PM2.5 Condensables                     August 23, 2016, submittal that
                                             available, i.e., Confidential Business                  Correction Rule),1 and plantwide                          discontinue regulation of GHGs as an air
                                             Information or other information whose                  applicability limits (PALs) for                           pollutant for the specific purpose of
                                             disclosure is restricted by statute.                    greenhouse gases (GHGs) as allowed in                     determining whether a source is a major
                                             Certain other material, such as                         the Federal rule entitled ‘‘Prevention of                 source (or a modification thereof) in
                                             copyrighted material, is not placed on                  Significant Deterioration and Title V                     PSD and title V permitting requirements
                                             the Internet and will be publicly                       Greenhouse Gas Tailoring Rule Step 3                      and that make changes to the GHG Step
                                             available only in hard copy form.                       and GHG Plantwide Applicability                           3 language proposed in Alabama’s May
                                             Publicly available docket materials are                 Limits,’’ 77 FR 41051 (July 12, 2012)                     8, 2013, submittal. EPA did not propose
                                             available either electronically through                 (hereinafter referred to as the GHG Step                  any action on the remaining portions of
                                             www.regulations.gov or in hard copy at                  3 Rule).2 In addition, the SIP submittal                  these submittals. The details of
                                             the Air Regulatory Management Section,                  includes changes to the definition of                     Alabama’s SIP revisions and the
                                             Air Planning and Implementation                         GHGs in Rule 335–3–14–.04 and Rule
                                                                                                                                                                 3 Emissions of CO from a stationary source
                                             Branch, Air, Pesticides and Toxics                        1 Given
                                                                                                                                                                                    2
                                                                                                                the corrections to the federal definition of   directly resulting from the combustion or
                                             Management Division, U.S.                               ‘‘particulate matter emissions’’ in the PM2.5             decomposition of biologically-based materials other
                                             Environmental Protection Agency,                        Condensables Correction Rule, EPA is removing the         than fossil fuels and mineral sources of carbon (e.g.,
                                             Region 4, 61 Forsyth Street SW.,                        note regarding ‘‘particulate matter emissions’’ in the    calcium carbonate) and biologically-based material
                                             Atlanta, Georgia 30303–8960. EPA                        table entry for Rule 335–3–14–.04 at 40 CFR               (non-fossilized and biodegradable organic material
Pmangrum on DSK3GDR082PROD with RULES




                                                                                                     52.50(c). In addition, EPA is removing the note           originating from plants, animals or micro-
                                             requests that if at all possible, you                   regarding PM2.5 Significant Impact Levels (SILs) in       organisms, including products, by-products,
                                             contact the person listed in the FOR                    the table entry for Rule 335–3–14–.04 at 40 CFR           residues and waste from agriculture, forestry and
                                             FURTHER INFORMATION CONTACT section to                  52.50(c) because, on October 9, 2014, ADEM                related industries as well as the non-fossilized and
                                             schedule your inspection. The Regional                  submitted a letter to EPA withdrawing these SILs          biodegradable organic fractions of industrial and
                                                                                                     from EPA’s consideration as included in a May 2,          municipal wastes, including gases and liquids
                                             Office’s official hours of business are                 2011, SIP submittal.                                      recovered from the decomposition of non-fossilized
                                             Monday through Friday 8:30 a.m. to                         2 For background information on GHG permitting,        and biodegradable organic material).
                                             4:30 p.m., excluding Federal holidays.                  including the GHG Step 3 Rule, see 82 FR 38662.             4 i.e., removing regulation of ‘‘GHG-only’’ sources.




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Document Created: 2017-10-07 10:31:58
Document Modified: 2017-10-07 10:31:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on November 9, 2017.
ContactJaslyn 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 Citation82 FR 46919 
CFR AssociatedEnvironmental 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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