Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 68317 

■ 2. Add a temporary § 100.T07–0942 to 

read as follows: 

§ 100.T07–0942 Special Local Regulations; 

Key West World Championship, Atlantic 

Ocean; Key West, FL. 

(a) Regulated Areas. The following 

regulated areas are established as 

special local regulations. All 

coordinates are North American Datum 

1983. 

(1) Race Area. All waters of the 

Atlantic Ocean located southwest of Key 

West encompassed within an imaginary 

line connecting the following points: 

Starting at Point 1 in position 24°32′08′′ 

N, 81°50′19′′ W; thence east to Point 2 

in position 24°32′23′′ N, 81°48′58′′ W; 

thence northeast to Point 3 in position 

24°33′14′′ N, 81°48′47′′ W; thence 

northeast to Point 4 in position 

24°33′54′′ N, 81°48′22′′ W; thence west 

to Point 5 in position 24°33′54′′ N, 

81°48′25′′ W; thence southwest back to 

origin. All persons and vessels, except 

those persons and vessels participating 

in the high-speed boat races, are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the race area. 

(2) Buffer Zone. All waters of the 

Atlantic Ocean located southwest of Key 

West encompassed within an imaginary 

line connecting the following points: 

Starting at Point 1 in position 24°33′26′′ 

N, 81°49′02′′ W; thence southwest to 

Point 2 in position 24°32′22′′ N, 

81°50′39′′ W; thence south to Point 3 in 

position 24°31′53′′ N, 81°50′39′′ W; 

thence northeast to Point 4 in position 

24°32′06′′ N, 81°48′35′′ W thence 

northwest to back to origin. All persons 

and vessels except those persons and 

vessels enforcing the buffer zone are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the buffer zone. 

(3) Spectator Area 1. All waters of the 

Atlantic Ocean located southwest of Key 

West encompassed within an imaginary 

line connecting the following points: 

Starting at Point 1 in position 24°33′26′′ 

N, 81°49′02′′ W; thence northeast to 

Point 2 in position 24°33′36′′ N, 

81°48′49′′ W; thence northwest to Point 

3 in position 24°33′39′′ N, 81°49′26′′ W; 

thence southwest to Point 4 in position 

24°33′24′′ N, 81°49′28′′ W; thence 

northeast back to origin. All vessels are 

prohibited from anchoring in spectator 

area 1. On-scene designated 

representatives will direct spectator 

vessels to spectator area 1. 

(4) Spectator Area 2. All waters of the 

Atlantic Ocean located southwest of Key 

West encompassed within an imaginary 

line connecting the following points: 

Starting at Point 1 in position 24°33′41′′ 

N, 81°48′44′′ W; thence northeast to 

Point 2 in position 24°33′55′′ N, 

81°48′34′′ W; thence southwest to Point 

3 in position 24°33′52′′ N, 81°48′42′′ W; 

thence southwest back to origin. All 

vessels are prohibited from anchoring in 

spectator area 2. On-scene designated 

representatives will direct spectator 

vessels to spectator area 2. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Key West in the 

enforcement of the regulated areas. 

(c) Regulations. 

(1) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated areas may 

contact the Captain of the Port Key West 

by telephone at (305) 292–8727, or a 

designated representative via VHF radio 

on channel 16, to seek authorization. If 

authorization to enter, transit through, 

anchor in, or remain within any of the 

regulated areas is granted by the Captain 

of the Port Key West or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Key West or a 

designated representative. 

(2) The Coast Guard will provide 

notice of the regulated areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date and Enforcement 

Periods. This rule is effective from 

9 a.m. on November 9, 2011 through 

5 p.m. on November 13, 2011. This rule 

will be enforced daily from 9 a.m. until 

5 p.m. on November 9, 2011; November 

11, 2011; and November 13, 2011. 

Dated: October 18, 2011. 

Pat DeQuattro, 

Captain, U.S. Coast Guard, Captain of the 

Port Key West. 

[FR Doc. 2011–28587 Filed 11–3–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2009–0556; FRL–9486–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; North 

Dakota; Revisions to the Air Pollution 

Control Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the North Dakota State Implementation 

Plan (SIP) that the Governor of North 

Dakota submitted with a letter dated 

April 6, 2009. The revisions affect North 

Dakota’s air pollution control rules 

regarding general provisions (including 

rules regarding shutdowns and 

malfunctions), ambient air quality 

standards, emissions of particulate 

matter, permitting, and fees. In addition, 

EPA is making administrative 

corrections to the regulatory text for 

North Dakota that will be codified in the 

Code of Federal Regulations; we made 

errors in the identification of plan table 

when we approved the North Dakota 

State Implementation Plan revisions for 

Interstate Transport of pollution, which 

the Governor also submitted on April 6, 

2009. EPA proposed approval of these 

rules on May 5, 2011 and received no 

adverse comments. This action is being 

taken under section 110 of the Clean Air 

Act (CAA). 

DATES: This action is effective on 

December 5, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R08–OAR– 

2009–0556. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information 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 

EPA Region 8, Air Quality Planning 

Unit (8P–AR), 1595 Wynkoop Street, 

Denver, Colorado 80202. EPA requests 

that if at all possible, you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jody 

Ostendorf, Air Program, Mailcode 8P– 

AR, Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, (303) 312–7814, 

or ostendorf.jody@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, the 

following definitions apply: 

(i) The words or initials Act or CAA 

mean or refer to the Federal Clean Air 


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68318 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 

1This interpretation has been expressed in 

several documents. Most relevant to this action are 

the following: memorandum dated September 28, 

1982, from Kathleen M. Bennett, Assistant 

Administrator for Air, Noise, and Radiation, 

entitled ‘‘Policy on Excess Emissions During 

Startup, Shutdown, Maintenance, and 

Malfunctions’’ (the 1982 Memorandum); a 

clarification to that memorandum from Kathleen M. 

Bennett issued on February 15, 1983 (the 1983 

Memorandum); and a memorandum dated 

September 20, 1999 entitled ‘‘State Implementation 

Plans: Policy Regarding Excess Emissions During 

Malfunctions, Startup, and Shutdown,’’ from 

Steven A. Herman, Assistant Administrator for 

Enforcement and Compliance Assurance, and 

Robert Perciasepe, Assistant Administrator for Air 

and Radiation (the 1999 Memorandum). As 

explained in these memoranda, because excess 

emissions might aggravate air quality so as to 

prevent attainment and maintenance of the NAAQS 

and compliance with other CAA requirements, EPA 

views all periods of excess emissions as violations 

of the applicable emission limitation. Therefore, 

EPA will disapprove SIP revisions that 

automatically exempt from enforcement excess 

emissions claimed to result from an equipment 

malfunction. In addition, as made explicit in the 

1999 Memorandum, EPA will disapprove SIP 

revisions that give discretion to a state director to 

determine whether an instance of excess emissions 

is a violation of an emission limitation, because 

such a determination could bar EPA and citizens 

from enforcing applicable requirements. 

Act, unless the context indicates 

otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The initials NAAQS mean or refer 

to the National Ambient Air Quality 

Standards. 

(v) The words State or ND mean the 

State of North Dakota, unless the 

context indicates otherwise. 

(vi) The initials NDDH mean or refer 

to the North Dakota Department of 

Health. 

Table of Contents 

I. Background 

II. Analysis of SIP Revisions 

III. Corrections to Regulatory Text 

IV. Response to Comments 

V. Section 110(l) 

VI. Final Action 

VII. Statutory and Executive Order Reviews 

I. Background 

The Act requires States to follow 

certain procedures in developing 

implementation plans and plan 

revisions for submission to us. Sections 

110(a)(2) and 110(l) of the Act provide 

that each implementation plan must be 

adopted after reasonable notice and 

public hearing. 

To provide for public comment, the 

North Dakota Department of Health 

(NDDH), after providing notice, held a 

public hearing on October 7, 2008 to 

consider the revisions to the Air 

Pollution Control Rules. Following the 

public hearing, comment period, and 

legal review by the North Dakota 

Attorney General’s Office, NDDH 

adopted the revisions. The revisions to 

the Air Pollution Control Rules became 

effective on April 1, 2009. The North 

Dakota Governor submitted the SIP 

revisions to us with a letter dated April 

6, 2009. This submittal also included (1) 

SIP revisions to address Interstate 

Transport requirements related to the 

1997 8-hour ozone and PM2.5 NAAQS, 

which we acted on in 2010 (75 FR 

31290, June 3, 2010, and 75 FR 71023, 

November 22, 2010), and (2) SIP 

revisions (commonly referred to as 

‘‘infrastructure’’ requirements) to 

address implementation of current 

NAAQS for PM10, PM2.5, and ozone, 

which we will be acting on separately. 

In our June 3, 2010 and November 22, 

2010 actions on North Dakota’s 

Interstate Transport SIP revisions, we 

made errors in the identification of plan 

table located in 40 CFR 52.1820(e). We 

describe these errors in section III, 

below. 

II. Analysis of SIP Revisions 

The SIP revisions in the April 6, 2009 

submittal that we are acting on in this 

document involve the following 

chapters of the North Dakota 

Administrative Code (N.D.A.C.): 33–15– 

01, ‘‘General Provisions;’’ 33–15–02, 

‘‘Ambient Air Quality Standards;’’ 33– 

15–05, ‘‘Emissions of Particulate Matter 

Restricted;’’ 33–15–14, ‘‘Designated Air 

Contaminant Sources, Permit to 

Construct, Minor Source Permit to 

Operate, Title V Permit to Operate;’’ and 

33–15–23, ‘‘Fees.’’ The following is our 

description and analysis of the 

revisions. 

A. Chapter 33–15–01, N.D.A.C., General 

Provisions 

The State revised sections 33–15–01– 

04, 33–15–01–05, and 33–15–01–13 and 

submitted the entire revised sections to 

us for approval. In section 33–15–01–04, 

the State made the following changes: 

(1) The State revised the definition of 

‘‘air contaminant’’ to add the words, 

‘‘emitted to the ambient air’’ to the end 

of the definition; (2) the State added 

definitions for ‘‘excess emissions’’ and 

‘‘PM2.5;’’ (3) the State re-numbered the 

definitions to account for the addition of 

new definitions; and (4) the State crossreferenced and incorporated by 

reference the version of 40 CFR 

51.100(s) as it existed on March 1, 2008 

for purposes of defining ‘‘volatile 

organic compounds’’ (the prior date 

used was January 1, 2006). These 

changes are minor and are consistent 

with relevant CAA and regulatory 

requirements. 

In section 33–15–01–05, the State 

added abbreviations for PM and PM2.5. 

These revisions are minor and are 

consistent with the CAA. 

The State made several revisions to 

33–15–01–13, ‘‘Shutdown and 

Malfunction of an Installation— 

Requirement for notification.’’ In 33– 

15–01–13.1, ‘‘Maintenance shutdowns,’’ 

the State adopted new subdivision f, 

which reads, ‘‘Nothing in this 

subsection shall in any manner be 

construed as authorizing or legalizing 

the emission of air contaminants in 

excess of the rate allowed by this article 

or a permit issued pursuant to this 

article.’’ Previously, we had been 

concerned that the language of 33–15– 

01–13.1 could be construed as 

exempting from enforcement excess 

emissions during shutdown of air 

pollution control equipment for 

scheduled maintenance. EPA’s 

interpretation is that the CAA requires 

that all periods of excess emissions, 

regardless of cause, be treated as 

violations and that automatic 

exemptions from emissions limits are 

not appropriate.1 Subdivision f clarifies 

that excess emissions are not authorized 

during maintenance shutdowns. 

Subdivision f is consistent with CAA 

requirements. 

In 33–15–01–13.2, ‘‘Malfunctions,’’ 

the State removed certain language and 

added other language. In 33–15–01– 

13.2.a, the State removed language 

indicating that the State could permit 

the continued operation of an 

installation during a malfunction 

resulting in a violation of an emissions 

limit. We were concerned that this 

language could be construed to exempt 

excess emissions caused by 

malfunctions when the State granted 

permission to continue operations. 

EPA’s interpretation is that such an 

exemption would be inconsistent with 

the CAA. The removal of the language 

is consistent with CAA requirements. 

The State added 33–15–01–13.2.c to 

33–15–01–13.2. This new subdivision c 

identifies procedures sources and the 

State will follow with respect to 

unavoidable malfunctions. Where a 

source believes that excess emissions 

have resulted from an unavoidable 

malfunction, the source must submit a 

written report to the State that includes 

evidence relevant to six criteria 

specified in the rule. The report must be 

submitted within thirty days of the end 

of the calendar quarter in which the 

malfunction occurred or within thirty 

days of a written request by North 

Dakota, whichever is sooner. The rule 

provides that North Dakota will evaluate 


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the information submitted by the source 

on a case-by-case basis to determine 

whether to pursue an enforcement 

action and that North Dakota may elect 

not to pursue an enforcement action 

after considering whether excess 

emissions resulted from an unavoidable 

equipment malfunction. The rule also 

provides that the burden of proof is on 

the source to provide sufficient 

information to demonstrate that an 

unavoidable equipment malfunction 

occurred. 

Under EPA’s interpretations of the 

CAA as set forth in the 1982, 1983, and 

1999 Memoranda, if a state in its SIP 

chooses to address violations that occur 

as a result of claimed malfunctions, the 

state may take two approaches. The 

first, the ‘‘enforcement discretion’’ 

approach, allows a state director to 

refrain from taking an enforcement 

action for a violation if certain criteria 

are met. The second, the ‘‘affirmative 

defense’’ approach, allows a source to 

avoid penalties if it can prove that 

certain conditions are met. North 

Dakota’s 33–15–01–13.2.c follows the 

enforcement discretion approach. 

We have evaluated North Dakota’s 

enforcement discretion provisions for 

excess emissions caused by unavoidable 

equipment malfunctions and find that 

they are consistent with EPA’s 

interpretations of the CAA as described 

in the memoranda above. In particular, 

the criteria specified in 33–15–01–13.2.c 

that the State will consider in deciding 

whether to pursue an enforcement 

action generally parallel the criteria 

outlined in the 1982 and 1983 

Memoranda. 

As noted in footnote 1, above, the 

1999 Memorandum also discusses a 

point not explicitly addressed in North 

Dakota’s new rule—i.e., EPA will not 

approve SIP revisions that recognize or 

appear to recognize a state’s decision 

not to pursue enforcement as barring 

enforcement action by EPA or citizens. 

Rule 33–15–01–13.2.c only addresses 

the State’s exercise of its enforcement 

discretion and contains no language 

suggesting that a State decision not to 

pursue an enforcement action for a 

particular violation bars EPA or citizens 

from taking an enforcement action. 

Therefore, EPA interprets the rule, 

consistent with EPA’s interpretations of 

the CAA, as not barring EPA and citizen 

enforcement of violations of applicable 

requirements when the State declines 

enforcement. 

In 33–15–01–13.3, ‘‘Continuous 

emission monitoring system failures,’’ 

the State removed the phrase, 

‘‘acceptable to the department,’’ from 

the text, ‘‘When a failure of a 

continuous emission monitoring system 

occurs, an alternative method, 

acceptable to the department, for 

measuring or estimating emissions must 

be undertaken as soon as possible.’’ 

Following this sentence, the State added 

a new sentence that reads as follows: 

‘‘The owner or operator of a source that 

uses an alternative method shall have 

the burden of demonstrating that the 

method is accurate.’’ We had asked the 

State to remove the language 

‘‘acceptable to the department’’ from the 

rule and find that the new language is 

consistent with CAA requirements. 

In previous rulemakings, we 

referenced an April 11, 2003 submission 

of revisions to 33–15–01–13 and 

indicated that we would act on that 

submission at a later date. See 69 FR 

61762, October 21, 2004; 70 FR 45539, 

October 8, 2005; and 71 FR 3764, 

January 24, 2006. However, in an 

August 17, 2009 letter, North Dakota 

advised EPA that the April 11, 2003 

submission erroneously indicated there 

had been revisions to 33–15–01–13.1.d, 

and that in fact the cited revisions to 

33–15–01–13.1.d had not been adopted 

and were not submitted to EPA with the 

Governor’s April 11, 2003 letter. 

Therefore, there are no remaining 

revisions from the April 11, 2003 

submittal awaiting EPA’s action. 

B. Chapter 33–15–02, N.D.A.C., Ambient 

Air Quality Standards 

Table 1 was revised to amend the 

PM10 and ozone standards and to add 

the 2006 PM 2.5 standard. These 

revisions were made to reflect the 

Federal standards and are consistent 

with CAA requirements. 

C. Chapter 33–15–05, N.D.A.C., 

Emissions of Particulate Matter 

Restricted 

The State removed section 33–15–05– 

03.2.2.d., which provided that the State 

could approve continued operation of a 

trash incinerator during a malfunction 

of combustion equipment, emission 

control equipment, monitoring 

equipment, or waste charging 

equipment. We were concerned that 

section 33–15–05–03.2.2.d could be 

construed to exempt excess emissions at 

trash incinerators caused by 

malfunctions when the State granted 

permission to the source to continue 

operations. EPA’s interpretation is that 

such an exemption would be 

inconsistent with the CAA. We asked 

the State to address our concern. The 

removal of section 33–15–05–03.2.2.d 

addresses our concern and is consistent 

with CAA requirements. The SIP will no 

longer provide a potential exemption to 

trash incinerators operating during 

malfunctions based on State approval of 

continued operation during such 

periods. Instead, malfunctions at trash 

incinerators would be treated the same 

as malfunctions at other sources subject 

to SIP requirements—i.e., the source 

would need to follow the procedures 

contained in section 33–15–01–13.2. 

D. Chapter 33–15–14, N.D.A.C., 

Designated Air Contaminant Sources, 

Permit To Construct, Minor Source 

Permit To Operate, Title V Permit To 

Operate 

In section 33–15–14–01, ‘‘Designated 

Air Contaminant Sources,’’ the State 

revised the list of sources ‘‘capable of 

causing or contributing to air 

pollution.’’ Specifically, the State added 

the word ‘‘major’’ to 33–15–14–01.14 so 

that it now reads as follows: ‘‘Any major 

source to which a national emission 

standard for hazardous air pollutants for 

source categories (40 CFR 63) would 

apply.’’ This change only affects the 

applicability of certain permitting 

requirements contained in Chapter 33– 

15–14. It does not affect emission limits 

in the SIP or other requirements that 

would affect ambient concentrations of 

criteria pollutants. It also does not affect 

the applicability of 40 CFR part 63 

requirements. This change is consistent 

with CAA requirements. 

E. Chapter 33–15–23, N.D.A.C., Fees 

The State revised section 33–15–23– 

03, ‘‘Minor source permit to operate 

fees.’’ The State simplified the 

definition of a ‘‘designated’’ source. 

(The rule establishes a fee for designated 

sources.) The State also expanded the 

exemption from fees for State 

government facilities to include local 

government facilities. This latter 

revision simply codified the State’s 

standing practice of not collecting fees 

from local governments. In addition, the 

State made a minor change to the due 

date for sources to submit the annual 

permit fee; the fee is now due within 60 

days following the date of the State’s fee 

notice rather than within 60 days of 

receipt of the fee notice. These are 

minor clarifying changes that do not 

impact compliance with CAA 

requirements. 

III. Corrections to Regulatory Text 

On June 3, 2010 and November 22, 

2010 we published final rules approving 

portions of the revised North Dakota SIP 

for Interstate Transport of Pollution for 

the 1997 PM2.5 and 8-Hour Ozone 

NAAQS. See 75 FR 31290 and 75 FR 

71023. When we published those rules, 

we included regulatory text that was 

incorrect. Specifically, we made errors 

in the ‘‘Identification of plan’’ table 

contained in 40 CFR 52.1820(e), ‘‘EPAVerDate Mar<15>2010 16:20 Nov 03, 2011 Jkt 226001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\04NOR1.SGM 04NOR1

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2As of the date of signature of this action, the 

official, published version of 40 CFR 52.1820 was 

current as of July 1, 2010 and does not reflect the 

regulatory language contained in our November 22, 

2010 action. The regulatory language as contained 

in our November 22, 2010 action does appear in the 

unofficial electronic CFR on the GPOAccess Web 

site: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?

c=ecfr&sid=4d2eed6d6a2a14bd914c123a19f553c

3&rgn=div8&

view=text&node=40:4.0.1.1.1.16.1.1&idno=40. 

3North Dakota has no nonattainment areas. Thus, 

CAA part D requirements, including the 

requirement to make reasonable further progress 

toward attainment, do not apply in North Dakota. 

approved nonregulatory provisions.’’ As 

published in our November 22, 2010 

action (which augmented and revised 

the table contained in our June 3, 2010 

action), the first portion of the 

explanation for item (1) In the table read 

as follows: ‘‘Excluding subsequent 

revisions, as follows: Chapters 1, 2, 6, 7, 

9, 11, and 12; Sections 2.11, 3.7, 6.8, 

6.10, 6.11, 6.13, 7.7, and 8.3; 

subsections 7.8.1.B., 7.8.1.D., and 

8.3.1.’’ 2 It should have read, ‘‘Excluding 

subsequent revisions, as follows: 

Chapters 6, 11, and 12; Sections 2.11, 

3.7, 6.10, 6.11, 6.13, and 8.3; and 

Subsections 3.2.1, 5.2.1, 7.8.1.A, 7.8.1.B, 

7.8.1.C, and 8.3.1.’’ We also incorrectly 

listed the submittal date for items (21) 

and (22) in the table as 4/09/09 instead 

of 4/06/09. We are also revising part of 

the explanation for item (21) without 

changing its meaning. Therefore, we are 

correcting the identification of plan 

table in 40 CFR 52.1820(e) accordingly. 

IV. Response to Comments 

EPA did not receive any adverse 

comments on our May 5, 2011 proposal. 

V. Section 110(l) 

Under section 110(l) of the CAA, EPA 

cannot approve a SIP revision if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress toward attainment of the 

NAAQS or any other applicable 

requirement of the Act. As described in 

section II, above, most of the revisions 

we are approving conform the North 

Dakota SIP to relevant CAA 

requirements. In particular, the State 

revised shutdown and malfunction 

provisions to comport with CAA 

requirements. The other changes we are 

approving are minor and will not 

interfere with attainment or reasonable 

further progress toward attainment of 

the NAAQS 3 or any other CAA 

requirements. 

VI. Final Action 

EPA is approving revisions to the 

North Dakota SIP that the Governor of 

North Dakota submitted with a letter 

dated April 6, 2009 and that were Stateeffective April 1, 2009. Specifically, 

EPA is approving North Dakota’s 

revisions to the following portions of 

the North Dakota Administrative Code: 

Chapter 33–15–01, ‘‘General 

Provisions,’’ sections 33–15–01–04, 33– 

15–01–05, and 33–15–01–13; Chapter 

33–15–02, ‘‘Ambient Air Quality 

Standards,’’ section 33–15–02, Table 1; 

Chapter 33–15–05, ‘‘Emissions of 

Particulate Matter Restricted,’’ 

subsection 33–15–05–03.2.2; Chapter 

33–15–14, ‘‘Designated Air Contaminant 

Sources, Permit to Construct, Minor 

Source Permit to Operate, Title V Permit 

to Operate,’’ subsection 33–15–14– 

01.14; and Chapter 33–15–23, ‘‘Fees,’’ 

section 33–15–23–03. See section II of 

this action, above, for a description of 

these revisions. 

In addition, EPA is making 

administrative corrections to the 

regulatory text for North Dakota that 

will appear in the Code of Federal 

Regulations. Specifically, we are 

changing the identification of plan table 

that will appear at 40 CFR 52.1820(e) as 

follows: 

a. We are changing the first portion of 

the explanation for item (1) in the table 

to read, ‘‘Excluding subsequent 

revisions, as follows: Chapters 6, 11, 

and 12; Sections 2.11, 3.7, 6.10, 6.11, 

6.13, and 8.3; and Subsections 3.2.1, 

5.2.1, 7.8.1.A, 7.8.1.B, 7.8.1.C, and 

8.3.1.’’ 

b. We are changing the submittal 

dates for items (21) and (22) in the table 

to read, ‘‘4/06/09,’’ and revising part of 

the explanation for item (21) without 

changing its meaning. 

See section III of this action, above, 

for further information regarding these 

corrections. 

VII. Statutory and Executive Order 

Reviews 

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, 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’’ under the terms of Executive 

Order 12866 (58 FR 51735, October 4, 

1993) and is therefore not subject to 

review under Executive Orders 12866 

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 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds, 

Incorporation by reference. 

Dated: October 25, 2011. 

James B. Martin, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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


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Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 68321 

Subpart JJ—North Dakota 

■ 2. Section 52.1820 is amended as 

follows: 

■ a. In paragraph (c) by revising the 

table entries for ‘‘33–15–01–04;’’ ‘‘33– 

15–01–05;’’ ‘‘33–15–01–13,’’ ‘‘33–15–02, 

Table 1;’’ ‘‘33–15–05–03.2;’’ ‘‘33–15–14– 

01;’’ and ‘‘33–15–23–03;’’ and by 

removing the entry for ‘‘33–15–14– 

01.1’’. 

■ b. In paragraph (e) by revising the 

table entries for ‘‘(1)’’, ‘‘(21)’’, and 

‘‘(22).’’ 

§ 52.1820 Identification of plan. 

* * * * * 

(c) * * * 

STATE OF NORTH DAKOTA REGULATIONS

State citation Title/subject State effective 

date EPA approval date and citation 1 Explanations 

*******

33–15–01–04 .................... Definitions ......................... 4/1/09 11/4/11, [Insert Federal Register page number 

where the document begins.].

33–15–01–05 .................... Abbreviations .................... 4/1/09 11/4/11, [Insert Federal Register page number 

where the document begins.].

*******

33–15–01–13 .................... Shutdown and malfunction 

of an installation—Requirement for notification.

4/1/09 11/4/11, [Insert Federal Register page number 

where the document begins.].

*******

33–15–02, Table 1 ........... Ambient Air Quality Standards.4/1/09 11/4/11, [Insert Federal Register page number 

where the document begins.].

*******

33–15–05–03.2 ................. Refuse incinerators .......... 4/1/09 11/4/11, [Insert Federal Register page number 

where the document begins.].

*******

33–15–14–01 .................... Designated air contaminant sources.8/1/95 11/4/11, [Insert Federal Register page number 

where the document begins.].

*******

33–15–23–03 .................... Minor source permit to operate fees.4/1/09 11/4/11, [Insert Federal Register page number 

where the document begins.].

*******

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

(e) * * * 

Name of nonregulatory 

SIP provision 

Applicable 

geographic or 

non-attainment 

area 

State submittal date/ 

adopted date 

EPA approval date and 

citation 3 Explanations 

(1) Implementation Plan 

for the Control of Air 

Pollution for the State 

of North Dakota.

Statewide .......... Submitted: 1/24/72; 

Adopted: 1/24/72.

5/31/72, 37 FR 10842 Excluding subsequent revisions, as follows: 

Chapters 6, 11, and 12; Sections 2.11, 3.7, 

6.10, 6.11, 6.13, and 8.3; and Subsections 

3.2.1, 5.2.1, 7.8.1.A, 7.8.1.B, 7.8.1.C, and 

8.3.1. Revisions to these non-regulatory provisions have subsequently been approved. 

See below. 

Chapters: 

1. Introduction ....... ........................... Clarification submitted: 

6/14/73, 2/19/74, 6/ 

26/74, 11/21/74, 4/ 

23/75.

With all clarifications: 3/ 

2/76, 41 FR 8956.

2. Legal Authority.

3. Control Strategy.

4. Compliance 

Schedule.

5. Prevention of Air 

Pollution Emergency Episodes.


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68322 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 

Name of nonregulatory 

SIP provision 

Applicable 

geographic or 

non-attainment 

area 

State submittal date/ 

adopted date 

EPA approval date and 

citation 3 Explanations 

7. Review of New 

Sources and 

Modifications.

8. Source Surveillance.

9. Resources.

10. Inter-governmental Cooperation.

11. Rules and Regulations.

With subsequent revisions to the chapters 

as follows: 

*******

(21) Section 7.8, Interstate Transport of Air 

Pollution (only 

7.8.1.A, portions of 

7.8.1.B, and 7.8.1.C, 

see explanation).

Statewide .......... Submitted: 4/6/09; 

Adopted: 4/01/09.

6/3/10, 75 FR 31290 ... Includes portions of Subsection 7.8.1 as indicated below: 7.8.1.A, ‘‘Overview,’’ the language of Subsection 7.8.1.B, ‘‘Nonattainment 

and Maintenance Area Impact,’’ that specifically addresses the ‘‘significant contribution 

to nonattainment’’ requirement of CAA Section 110(a)(2)(D)(i), and all of 7.8.1.C. 

(22) Section 7.8, Interstate Transport of Air 

Pollution (only portion 

of 7.8.1.B).

Statewide .......... Submitted: 4/6/09; 

Adopted: 4/01/09.

11/22/10, 75 FR 71023 Includes portions of Subsection 7.8.1.B, ‘‘Nonattainment and Maintenance Area Impact,’’ 

that specifically address the ‘‘interference 

with maintenance’’ requirement of CAA Section 110(a)(2)(D)(i). 

3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

[FR Doc. 2011–28527 Filed 11–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–B–1225] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. The 

changes in BFEs are in accordance with 

44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 


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