58438 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules 

• 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 proposed rule, 

proposing to determine that the 

Pittsburgh Area attained the 2008 ozone 

NAAQS by its July 20, 2016 attainment 

date, does not have tribal implications 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), 

because this proposed determination of 

attainment does not 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, Ozone, Incorporation 

by reference, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

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

Dated: August 12, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2016–20313 Filed 8–24–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0145; FRL–9951–30– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; North 

Dakota; Revisions to Air Pollution 

Control Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

State Implementation Plan (SIP) 

revisions submitted by the State of 

North Dakota on January 28, 2013 and 

April 22, 2014. The revisions are to 

Article 33–15 ‘‘Air Pollution Control’’ 

rules of the North Dakota 

Administrative Code. The revisions 

include amendments to update the 

Prevention of Significant Deterioration 

(PSD) rules and the definition of 

‘‘volatile organic compounds’’; to add 

particulate matter less than 2.5 microns 

in diameter (PM2.5) methods of 

measurement; to modify the PM2.5 state 

ambient air quality standard, 

permissible open burning rule, and 

permit fee processes; and, to remove 

permitting fees for sources that operate 

an air monitoring site. The revisions 

also make clarifying changes. This 

action is being taken under section 110 

of the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before September 26, 

2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2013–0145 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.,) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. The EPA requests that if at 

all possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

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

federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Jaslyn Dobrahner, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6252, 

dobrahner.jaslyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

What should I consider as I prepare my 

comments for EPA? 

1. Submitting Confidential Business 

Information (CBI). Do not submit CBI to 

the EPA through http://

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information on a disk or CD–ROM that 

you mail to the EPA, mark the outside 

of the disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 


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information (subject heading, Federal 

Register, date, and page number); 

• Follow directions and organize your 

comments; 

• Explain why you agree or disagree; 

• Suggest alternatives and substitute 

language for your requested changes; 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used; 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced; 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives; 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats; and 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. On January 28, 2013, the State of 

North Dakota submitted a SIP revision 

containing amendments to Article 33– 

15 Air Pollution Control rules. The 

amendments: Update the PSD rules; add 

PM2.5 methods of measurement; revise 

permit fee processing; remove 

permitting fees for sources that operate 

an air monitoring site; and make 

clarifying changes. The North Dakota 

State Health Council adopted the 

amendments on August 14, 2012 

(effective January 1, 2013). 

B. On April 22, 2014, the State of 

North Dakota submitted a SIP revision 

containing amendments to Article 33– 

15 Air Pollution Control rules. The 

amendments: Update the PSD rules and 

the definition of ‘‘volatile organic 

compounds’’; revise the PM2.5 state 

ambient air quality standard and 

permissible open burning rule; and 

clarify excess emissions reporting 

requirements. The North Dakota State 

Health Council adopted the 

amendments on February 11, 2014 

(effective April 1, 2014). 

III. The EPA’s Review of the State of 

North Dakota’s January 28, 2013 and 

April 22, 2014 Submittals 

We evaluated North Dakota’s January 

28, 2013 and April 22, 2014 submittals 

regarding revisions to the State’s Air 

Pollution Control rules. We propose to 

approve some of the revisions and not 

act on other revisions. 

A. January 28, 2013 SIP Submittal 

The State’s January 28, 2013 SIP 

submittal includes the following types 

of amendments to the State’s air quality 

rules: Revisions to update State-specific 

additions to the incorporation by 

reference of the PSD rules; revisions to 

add PM2.5 methods of measurement; 

revisions to remove permitting fees for 

sources that operate an air monitoring 

site; and a revision to streamline the 

administrative fee process. The 

revisions also make clarifying changes. 

The January 2013 submittal adds a 

sentence to 33–15–01–13.3, ‘‘[t]he 

provisions of this subsection do not 

apply to sources that are subject to 

monitoring requirements in chapter 33– 

15–21,’’ to clarify that the alternative 

monitoring requirements in this rule do 

not apply to sources that are required to 

comply with the acid rain rules and 

exempts sources subject to acid rain 

requirements in chapter 33–15–21, Acid 

Rain Program, from the continuous 

emission monitoring system (CEMS) 

failures requirements found in 33–15– 

01–13.3 of the General Provisions 

chapter. Instead, 33–15–21–09.1 

requires that CEMS monitoring, 

recordkeeping, and reporting 

requirements found in 40 CFR part 75 

and its appendices apply to sources 

subject to acid rain requirements. This 

revision is for clarification purposes, 

and we propose to approve it. Likewise, 

we propose to approve the State’s 

revisions to 33–15–05–04.3 that indicate 

PM2.5 measurements must be made in 

accordance with 40 CFR 51, Appendix 

M, Recommended Test Methods for 

State Implementation Plans and 

clarifies the definition of PM10

determinations under the same method. 

The State revised section 33–15–14– 

02.13.c(4) by deleting ‘‘or are subject to 

a standard under chapter 33–15–22,’’ to 

clarify that sources subject to the 

national emission standards for 

hazardous air pollutants (40 CFR part 

63) in chapter 33–15–22, Emissions 

Standards for Hazardous Air Pollutants 

for Source Categories, do not need a 

permit to construct if they meet the 

exemption requirements found in 33– 

15–14–02.13. The State requested this 

revision to clarify that sources at minor 

facilities do not require a permit. Since 

the North Dakota SIP already exempts 

engine sources whose emissions are 

below certain thresholds (see 33–15–14– 

02.13(c)(1), (2), (3)) and also requires 

major hazardous air pollutant sources 

subject to maximum achievable control 

technology (MACT) to obtain a permit 

(see 33–15–22), we agree that this 

revision is for clarification purposes and 

propose to approve it. 

The State makes a number of 

revisions in their January 28, 2013 

submittal to their PSD rules found in 

chapter 33–15–15; some of the revisions 

we approved in prior actions, while 

other revisions were superseded by 

subsequent SIP submittals. First, the 

State updates the incorporation by 

reference date in 33–15–15–01.2 for 40 

CFR 52.21, paragraphs (a)(2) through (e), 

(h) through (r), (v), (w), (aa) and (bb) to 

as they exist on January 1, 2012. We 

acted on the approval of incorporating 

40 CFR 52.21(b)(14)(i) through (iii); 

(b)(15)(i) and (ii); and paragraph (c) 

pertaining to major and minor source 

baseline dates and ambient air 

increments in our July 30, 2013 final 

rule (78 FR 45866) approving the State’s 

demonstration that the North Dakota SIP 

meets the infrastructure requirements of 

the CAA for the National Ambient Air 

Quality Standards (NAAQS) 

promulgated for PM2.5 on July 18, 1997 

and on October 17, 2006. In doing so, 

paragraphs (b)(14)(i) through (iii); 

(b)(15)(i) and (ii); and paragraph (c) 

were added to 40 CFR 52.1829 as 

paragraphs (c) and (d). We are proposing 

to not act on incorporating the 

remainder of 40 CFR 52.21 as they exist 

on January 1, 2012, because this 

revision is superseded by the revision in 

the State’s April 22, 2014 submittal to 

incorporate the same portions of 40 CFR 

52.21 as they existed on July 1, 2013. 

There are additional revisions in the 

State’s January 28, 2013 PSD rules in 

33–15–15–01.2. that we propose to 

approve. First, the State relocates 40 

CFR 52.21(b)(50)(i)(c) and (b)(50)(i)(d) to 

correct numerical order. Second, the 

State revises 40 CFR 52.21(d) consistent 

with the federal rule at the same citation 

by changing ‘‘[n]o concentration of a 

contaminant shall exceed the ambient 

air quality standards in chapter 33–15– 

02 for these areas subject to regulation 

under this article and the national 

ambient air quality standards in all 

other areas of the United States’’ to 

‘‘[n]o concentration of a contaminant 

shall exceed: (1) The concentration 

permitted under the national primary 

and secondary ambient air quality 

standards. (2) The concentration 

permitted by the ambient air quality 

standards in chapter 33–15–02.’’ Third, 

the State revises 40 CFR 52.21(k)(1) 

consistent with the federal regulations 

at 40 CFR 52.21(k)(1)(i) by changing 

‘‘[a]ny ambient air quality standard in 

chapter 33–15–02 for those areas subject 

to regulation under this article and the 

national ambient air quality standards 

in all other areas of the United States; 

or’’ to ‘‘[a]ny national ambient air 

quality standard or any standard in 

chapter 33–15–02.’’ The State 

recognizes their current regulations 

inadvertently do not include (i) after 40 

CFR 52.21(k)(1) and will revise the 

language to read 40 CFR 52.21(k)(1)(i) in 


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1Refer to docket #EPA–R08–OAR–2013–0145 for 

documentation. 

a future submittal.1 Fourth, the State 

also revised 40 CFR 52.21(v)(2)(iv)(a) 

consistent with the federal rule at the 

same citation by adding ‘‘national 

ambient air quality standard or any’’ 

and deleting ‘‘regulation under this 

article and the national ambient air 

quality standards in all other areas of 

the United States.’’ We propose to 

approve all of these changes. 

We also propose to approve in the 

January 28, 2013 submittal revisions to 

chapter 33–15–23, Fees, allowing billing 

statements to be sent to applicants 

before final determinations have been 

made (33–15–23–02.2.c) and removing 

the permit fee for sources that operate 

an air monitoring site (33–15–23–03.1). 

CAA section 110(a)(2)(E) requires that a 

state implementation plan provide 

assurances that the state will have, 

among other items, adequate funding to 

carry out the implementation plan. 

Sending billing statements earlier than 

currently required under the SIP 

impacts the timing of when the fees are 

billed and collected. Therefore, it is 

appropriate to propose to approve 

because the change impacts the timing. 

The deletion of the criteria that describe 

this category is approvable because 

under 33–15–23–03.2 North Dakota will 

continue to charge fees to sources based 

on actual costs incurred by the State for 

the following: (1) Observation of source 

or performance specification testing; 

and (2) audits of source operated 

ambient air monitoring networks. 

In this submittal, the State also made 

clarifying revisions to three other SIP 

provisions. First, the State modified the 

abbreviation of PM10 (33–15–01–05) by 

adding the phrase ‘‘less than or equal’’ 

and deleting the less than or equal to 

symbol. Second, the State moved and 

modified language related to 

agricultural practices and fugitive 

emissions from chapter 33–15–17 

Restriction of Fugitive Emission to 

chapter 33–15–03 Restriction of 

Emissions of Visible Air Contaminants 

(the State deleted from 33–15–17–02.6 

‘‘[a]gricultural activities related to the 

normal operations of a farm shall be 

exempt from the requirements of this 

section. However, agricultural practices 

such as tilling of land, application of 

fertilizers, and the harvesting of crops 

shall be managed in such a manner as 

to minimize dust from becoming 

airborne,’’ and then added the following 

sentence to 33–15–03–04.5 ‘‘[h]owever, 

agricultural practices such as tilling of 

land, application of fertilizers, 

harvesting of crops, and other activities 

shall be managed in such a manner as 

to minimize dust from becoming 

airborne’’). In doing this the State 

modified the existing SIP by removing 

the exemption and requirement related 

to agricultural activities and fugitive 

dust under chapter 33–15–17, 

Restriction of Fugitive Emissions, and 

adding the same requirement related to 

agricultural activities and fugitive dust 

to chapter 33–15–03, Restriction of 

Emission of Visible Air Contaminants. 

We view these changes as nonsubstantive, SIP-strengthening, and 

clarifying because it removes an 

exemption and moves a requirement to 

a related area in the SIP. Third, the State 

inserted a reference to the exceptions 

found in 33–15–03–04 to the restrictions 

on the emission of visible air 

contaminants in chapter 33–15–03 

Restriction of Emissions of Visible Air 

Contaminants into 33–15–17–02.4, 

which has the effect of referring the 

reader to exceptions already located 

within another chapter of the State’s 

rules, which we characterize as a 

clarifying revision. We propose to 

approve all of these as clarifying, SIPstrengthening, and non-substantive 

revisions. 

Finally, we are not acting on the 

revision to 33–15–01–04 as this revision 

to the incorporation by reference date is 

superseded by a revision in the April 

2014 submittal. We are also not acting 

on revisions to 33–15–03–04.4 and 33– 

15–05–01.2a(1) to remove improper 

exemptions from emissions limitations 

as we acted on these previously (79 FR 

63045). We will act on revisions to 33– 

15–14–02.1, 33–15–14–02.5.a and 33– 

15–15–01-.2 in a future rulemaking and 

thus are not acting on these revisions at 

this time. 

B. April 22, 2014 SIP Submittal 

The State’s April 22, 2014 SIP 

submittal includes the following types 

of amendments to the State’s air quality 

rules: Revisions to update the dates of 

incorporation by reference of the (1) 

PSD rules, and (2) the definition of 

‘‘volatile organic compounds’’; revisions 

to lower the PM2.5 State ambient air 

quality standard; revisions to clarify the 

permissible open burning rule; a 

revision that clarifies that the required 

excess emissions reporting requirements 

are for sources that operate continuous 

emission monitors; and a revision that 

removes a category of fees. 

The CAA requires the regulation of 

volatile organic compounds (VOCs) for 

various purposes. For example, 

tropospheric ozone, commonly known 

as smog, is formed when VOC and 

nitrogen oxides (NOX) react in the 

atmosphere in the presence of sunlight. 

Thus, because of the harmful health 

effects of ozone, the EPA and state 

governments limit the amount of VOC— 

organic compounds of carbon—that can 

be released into the atmosphere. Section 

302(s) of the CAA specifies that the EPA 

has the authority to define the meaning 

of ‘‘VOC,’’ and hence what compounds 

shall be treated as VOC for regulatory 

purposes. The EPA defines VOCs at 40 

CFR 51.100(s) and VOC exclusions, 

determined to have negligible 

photochemical reactivity, at 

51.100(s)(1). In its January 2013 

submittal, the State updates 33–15–01– 

04, Definitions, to include the 

incorporation by reference of 40 CFR 

51.100(s) as it exists on January 1, 2012. 

Subsequently, in its April 2014 

submittal, the State updates 33–15–01– 

04, Definitions, again to include the 

incorporation by reference of 40 CFR 

51.100(s) as it exists on July 1, 2013. 

The April 2014 submittal supersedes the 

January 2013 submittal, thus we are 

proposing to approve the April 2014 

revision because it incorporates by 

reference the EPA’s rule provisions. 

The CAA also requires the EPA to set 

National Ambient Air Quality Standards 

(40 CFR part 50) for pollutants 

considered harmful to public health and 

the environment and identifies two 

types of national ambient air quality 

standards: Primary standards provide 

public health protection, including 

protecting the health of ‘‘sensitive’’ 

populations such as asthmatics, 

children, and the elderly; and 

Secondary standards provide public 

welfare protection, including protection 

against decreased visibility and damage 

to animals, crops, vegetation, and 

buildings. In 2012 (78 FR 3086), the 

EPA revised the primary (health-based) 

annual PM2.5 standard by lowering the 

level from 15 micrograms per cubic 

meter (mg/m3) to 12.0 mg/m3 so as to 

provide increased protection against 

health effects associated with long- and 

short-term exposures (including 

premature mortality, increased hospital 

admissions and emergency department 

visits, and development of chronic 

respiratory disease). Accordingly, the 

State’s April 2014 submittal revises the 

PM2.5 primary standard in Table 1. 

Ambient Air Quality Standards of 

chapter 33–15–02 from 15.0 mg/m3 to 

match the federal standard of 12.0 mg/ 

m3. We propose to approve this revision 

because it is consistent with the federal 

standard. 

In addition, we propose to approve 

revisions in the April 2014 submittal 

that revise 33–15–04–02.2.a to require 

that any type of permissible burning 

listed in 33–15–04–02.1 will not create 

‘‘air pollution’’ as defined by the State 

in 33–15–04 (33–15–04–02.2.a); and to 


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2April 2014 State SIP Submittal, PDF page 14. 

delete the existing SIP requirement in 

33–15–04–02.2.a (73 FR 30308), that 

prohibited permissible burning listed in 

33–15–04–02.1 from creating a public 

nuisance (‘‘No public nuisance is or will 

be created’’). We propose to approve 

these revisions because they strengthen 

the SIP by prohibiting open burning that 

creates air pollution where ‘‘one or more 

air contaminants in such quantities and 

duration as is or may be injurious to 

human health, welfare, or property or 

animal or plant life, or which 

unreasonably interferes with the 

enjoyment of life or property.’’ 

We also propose to approve the 

clarification to the applicability of 

excess emissions reporting and 

recordkeeping requirements for 

continuous emission monitoring 

requirements (33–15–06–05.1). We 

propose to approve this revision 

because it clarifies the existing SIP 

provision (58 FR 54041) and explains 

that the emission monitoring 

requirements referenced in 33–15–06– 

05.1 are those performed for continuous 

emission monitoring (adding the phrase 

‘‘in accordance with section 33–15–06– 

04’’). 

In the April 2014 submittal, the State 

also revised the incorporation by 

reference date of 40 CFR 52.21 into the 

state regulations to July 1, 2013 (33–15– 

15–01.2). As previously discussed in 

III.A., we approved the incorporation of 

40 CFR 52.21(b)(14)(i) through (iii); 

(b)(15)(i) and (ii); and paragraph (c) 

pertaining to major and minor source 

baseline dates and ambient air 

increments in our July 30, 2013 final 

rule (78 FR 45866) by adding paragraphs 

(c) and (d) to 40 CFR 52.1829. We 

propose to approve the State’s revision 

of the incorporation by reference date to 

July 1, 2013 because it references our 

regulations, and in doing so, propose to 

delete paragraphs (c) and (d) in 40 CFR 

52.1829 as they would no longer be 

needed and would be duplicative if 

retained. The State also added the 

reference to ‘‘title’’ before the federal 

regulation citation in this section (first 

paragraph), and as this is for 

clarification purposes, we propose to 

approve this addition. 

We are proposing to approve the 

State’s deletion of the criteria for the 

‘‘Monitor’’ category (33–15–23–03.01) 

from the SIP. These criteria explain the 

‘‘Monitor’’ fee is a charge that applies to 

minor sources that is ‘‘in addition to the 

annual fee for any source operating a 

continuous emission monitor system 

(CEMS) or an ambient monitoring site.’’ 

The State’s January 2013 SIP submittal 

indicates that this fee is no longer being 

charged.2 Thus, removal of the 

‘‘Monitor’’ category corresponds to the 

State’s revision in their January 2013 

submittal (removing the annual fee for 

minor sources that operate an emission 

monitor or ambient air quality 

monitoring site), which we propose to 

approve in section III.A. 

Finally, we are not acting on the 

State’s revision to 33–15–03–05 and will 

instead take action on this revision in a 

future rulemaking. 

IV. What action is the EPA taking? 

For the reasons expressed in III.A. and 

III.B., the EPA is proposing to approve 

the following revisions, shown in Table 

1, to the State’s Air Pollution Control 

rules. We are also proposing to not act 

on several other revisions, shown in 

Table 2, for the reasons discussed in 

III.A. and III.B. and summarized below. 

TABLE 1—LIST OF NORTH DAKOTA REVISIONS THAT THE EPA IS PROPOSING TO APPROVE

Revised sections in January 28, 2013 and April 22, 2014 submissions proposed for approval 

January 28, 2013 submittal: 33–15–01–05; 33–15–01–13.3; 33–15–03–04.5; 33–15–05–04.3; 33–15–14–02.13.c(4); 33–15–15–01.2 †; 33–15– 

17–02.4; 33–15–17–02.6; 33–15–23–02.2.c; 33–15–23–03.1. 

April 22, 2014 submittal: 33–15–01–04; 33–15–02, Table 1.; 33–15–04–02.2.a; 33–15–06–05.1; 33–15–15–01.2; 33–15–23–03. 

† Except for the incorporation by reference date in the first paragraph and the revision associated with 40 CFR 52.21(l)(1). 

TABLE 2—LIST OF NORTH DAKOTA REVISIONS THAT THE EPA IS PROPOSING TO TAKE NO ACTION ON

Revised section 

Revision 

superseded by 

April 22, 2014 

submittal 

Revision 

acted on in 

79 FR 63045 

Revision will 

be acted on 

in a future 

submittal 

Revised Sections in January 28, 2013 Submission Proposed for No Action 

33–15–01–04 ............................................................................................................................... x 

33–15–03–04.4 ............................................................................................................................ x 

33–15–05–01.2a(1) ...................................................................................................................... x 

33–15–14–02.1 ............................................................................................................................ x 

33–15–14–02.5.a ......................................................................................................................... x 

33–15–15–01.2 ‡ .......................................................................................................................... x 

33–15–15–01.2 § ......................................................................................................................... x 

Revised Section in April 22, 2014 Submission Proposed for No Action 

33–15–03–05 ............................................................................................................................... x 

‡ Only the revision to the incorporation by reference date in the first paragraph. 

§ Only the revision associated with 40 CFR 52.21(l)(1). 

V. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

North Dakota Administrative Code as 

described in section IV. of this 

preamble. The EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and/or at the EPA 

Region 8 Office (please contact the 


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person identified in the ‘‘For Further 

Information Contact’’ section of this 

preamble for more information). 

VI. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations 

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

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves some state law 

as meeting federal requirements; this 

proposed action does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and, 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

Country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: August 11, 2016. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2016–20320 Filed 8–24–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2016–0088; FRL 9951–23– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Virgin Islands; Sewage 

Sludge Incinerators 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve the 

Clean Air Act (CAA) section 111(d)/129 

negative declaration for the Government 

of the United States Virgin Islands, for 

existing sewage sludge incinerator (SSI) 

units. This negative declaration certifies 

that existing SSI units subject to 

sections 111(d) and 129 of the CAA do 

not exist within the jurisdiction of the 

United States Virgin Islands. The EPA is 

accepting the negative declaration in 

accordance with the requirements of the 

CAA. 

DATES: Comments must be received on 

or before September 26, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

OAR–2016–0088 to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Edward J. Linky, Environmental 

Protection Agency, Air Programs 

Branch, 290 Broadway, New York, New 

York 1007–1866 at 212–637–3764 or by 

email at Linky.Edward@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, the EPA is approving the 

Virgin Islands’ negative declaration 

submitted December 1, 2015 as a direct 

final rule without prior proposal 

because the Agency views this as a 

noncontroversial revision amendment 

and anticipates no adverse comments to 

this action. 

A detailed rationale for the approval 

is set forth in the direct final rule. If no 

adverse comments are received in 

response to this action, no further 

activity is contemplated in relation to 

this action. If the EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed action. The EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting on this action should do so 

at this time. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Sewage sludge incinerators. 

Dated: August 8, 2016. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2016–20304 Filed 8–24–16; 8:45 am] 

BILLING CODE 6560–50–P 


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