Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63045 

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. 

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. 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 22, 2014. 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 section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

Dioxide, and Reporting and 

recordkeeping requirements. 

Dated: September 30, 2014. 

Rebecca Weber, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 as set 

forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart R—Kansas 

■ 2. In § 52.870(e) the table is amended 

by adding new entry (39) in numerical 

order at the end of the table to read as 

follows: 

§ 52.870 Identification of plan. 

* * * * * 

(e)* * * 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable geographic 

area or nonattainment 

area 

State submittal date EPA approval date Explanation 

*******

(39) Section 110(a)(2) Infrastructure Requirements for the 2010 

NO2 NAAQS.

Statewide ...................... 3/19/2013 10/22/2014 and [Insert 

Federal Register citation].

This action addresses the following CAA elements: 110 (a)(2)(A), (B), (C), (D), (E), (F), 

(G), (H), (J), (K), (L), and (M). 

[FR Doc. 2014–24782 Filed 10–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0173; FRL–9918–21– 

Region 8] 

Approval and Promulgation of 

Implementation Plans; North Dakota; 

Revisions to the Air Pollution Control 

Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving changes to 

North Dakota’s State Implementation 

Plan (SIP). On January 23, 2013, the 

Governor of North Dakota submitted to 

EPA revisions to several chapters of the 

North Dakota SIP. These revisions 

included the removal of subsections 33– 

15–03–04.4 and 33–15–05–01.2.a(l) of 

the North Dakota Administrative Code 

(NDAC). In this action, EPA is 

approving the removal of these 

subsections from the SIP because it is 

consistent with Clean Air Act (CAA) 

requirements. The State’s submission 

corrects certain deficiencies related to 

the treatment of excess emissions from 

sources. EPA will address the remaining 

revisions from North Dakota’s January 

23, 2013 submission in other actions. 

DATES: This final rule is effective 

November 21, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R08–OAR– 

2014–0173. All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, U.S. Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, (303) 

312–7104, clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we are 

giving meaning to certain words or initials as 

follows: 

(i) The words or initials Act or CAA mean 

or refer to the Clean Air Act, unless the 

context indicates otherwise. 

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

refer to the United States Environmental 

Protection Agency. 


tkelley on DSK3SPTVN1PROD with RULES
63046 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 

(iii) The initials NDAC mean or refer to the 

North Dakota Administrative Code. 

(iv) The initials SIP mean or refer to state 

implementation plan. 

(v) The initials SSM mean or refer to 

startup, shutdown, and malfunction. 

(vi) The words State or North Dakota mean 

the State of North Dakota, unless the context 

indicates otherwise. 

I. Background 

On January 23, 2013, the Governor of 

North Dakota submitted to EPA SIP 

revisions that would remove both NDAC 

33–15–03–04.4 and NDAC 33–15–05– 

01.2.a(l) from the North Dakota SIP; the 

submission also contained other 

revisions to the North Dakota SIP. On 

July 16, 2014 (79 FR 41473), we 

proposed approval of the removal of 

subsections NDAC 33–15–03–04.4 and 

NDAC 33–15–05–01.2.a(l) from the 

North Dakota SIP, but we did not 

propose to take any action on the 

remaining revisions from the January 

23, 2013 submittal. 

In our proposed rule, we explained 

that, in accordance with the 

requirements of CAA section 

110(a)(2)(A), SIPs must contain 

enforceable emission limitations and, in 

accordance with the definition of 

‘‘emission limitations’’ in CAA section 

302(k), such emission limitations must 

be continuous. In addition, under CAA 

section 304(a), any person may bring a 

civil action against any person alleged 

to have violated (if there is evidence 

that the alleged violation has been 

repeated) or to be in violation of an 

‘‘emission standard or limitation’’ under 

the CAA. For the purposes of section 

304, ‘‘emission standard or limitation’’ 

is defined in section 304(f) and includes 

SIP emission limitations. Thus, SIP 

emission limitations can be enforced in 

a section 304 action and so must be 

capable of enforcement. SIP provisions 

that create exemptions such that excess 

emissions during startup, shutdown, 

malfunctions (SSM) and other 

conditions are not violations of the 

applicable emission limitations are 

inconsistent with these fundamental 

requirements of the CAA with respect to 

emission limitations in SIPs. 

For these reasons, we proposed to 

approve the State’s removal of 

subsections NDAC 33–15–03–04.4 and 

NDAC 33–15–05–01.2.a(l) from the 

North Dakota SIP. In particular, NDAC 

33–15–03–04.4 created exemptions from 

a number of cross-referenced opacity 

limits ‘‘where the limits specified in this 

article cannot be met because of 

operations and processes such as, but 

not limited to, oil field service and 

drilling operations, but only so long as 

it is not technically feasible to meet said 

specifications.’’ NDAC 33–15–05– 

01.2a(1) created an implicit exemption 

from particulate matter emissions limits 

for ‘‘temporary operational breakdowns 

or cleaning of air pollution equipment’’ 

if the source met certain conditions. 

Because these provisions contemplated 

outright exemptions from the otherwise 

applicable SIP emission limits, they 

were inconsistent with CAA 

requirements. In addition, NDAC 33– 

15–03–04.4 had inherent ambiguities 

that called into question its 

enforceability. 

The State’s removal of these 

provisions is sufficient to correct the 

inadequacies the provisions created and 

is consistent with the requirements of 

the CAA. As a result of their removal 

from the SIP, the improper exemptions 

from emissions limitations contained 

within these provisions will no longer 

be available to sources. Therefore, the 

emissions limitations will become 

continuous and more enforceable. 

II. Response to Comments 

The comment period for our June 16, 

2014 proposal was open for 30 days. We 

received three brief comments on the 

proposed action. The Sierra Club 

submitted a comment in support of the 

proposed action, and two individuals 

submitted comments regarding other 

matters that are entirely unrelated to the 

proposed action. We acknowledge the 

supportive comment. We are not 

responding to the other comments on 

subjects unrelated to our proposal. 

III. EPA’s Final Action 

We are approving the State’s removal 

of NDAC 33–15–03–04.4 and NDAC 33– 

15–05–01.2.a(l) from the North Dakota 

SIP, as reflected in the State’s January 

23, 2013 SIP submission. This approval 

corrects the deficiencies contained in 

these provisions, as noted above, in our 

June 16, 2014 proposed rule, and in 

EPA’s February 22, 2013 proposed SSM 

SIP Call (78 FR 12531). Based on this 

final approval, EPA notes that these two 

deficiencies in the North Dakota SIP 

identified in the proposed SSM SIP call 

have now been correctly resolved. Thus, 

EPA’s final action on the SSM SIP call 

should not need to address these two 

deficiencies. We also note that a third 

deficient provision, NDAC 33–15–03– 

04.3, was identified in the February 22, 

2013 proposed SSM SIP call; however, 

the January 23, 2013 submission did not 

revise NDAC 33–15–03–04.3. Finally, 

we are not taking action today on the 

remaining portions of the January 23, 

2013 submission. 

IV. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this final action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and, 

• Does not provide 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63047 

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. 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 22, 

2014. 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 section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: October 2, 2014. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart JJ—North Dakota 

■ 2. In § 52.1820, the table in paragraph 

(c) is amended by revising the entries 

for ‘‘33–15–03–04’’ and ‘‘33–15–05–01’’ 

to read as follows: 

§ 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 

*******

33–15–03 Restrictions of Visible Air Contaminants 

*******

33–15–03–04 ... Exceptions ...................................................... 1/1/13 10/22/14, [Insert Federal Register citation].

*******

33–15–05 Emissions of Particulate Matter Restricted 

33–15–05–01 ... Restrictions of emissions of particulate matter from industrial processes.1/1/13 10/22/14 [Insert Federal Register citation].

* * * * * * * 

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. 

* * * * * 

[FR Doc. 2014–24996 Filed 10–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0255; FRL–9917–56] 

Metrafenone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of metrafenone 

in or on multiple commodities that are 

identified and discussed later in this 

document. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

October 22, 2014. Objections and 

requests for hearings must be received 

on or before December 22, 2014, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2013–0255, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Rosenblatt, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 


tkelley on DSK3SPTVN1PROD with RULES