[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Rules and Regulations]
[Pages 30387-30389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11888]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2021-0002; FRL-10024-54-Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval on a revision to the North Dakota State Implementation Plan 
(SIP) submitted by the State of North Dakota on November 11, 2016 and 
supplemented on March 15, 2021, that addresses amendments to the 
regional haze provisions of the North Dakota Administrative Code 
(NDAC). These revisions were submitted to remove certain regional haze 
requirements related to Best Available Retrofit Technology (BART) in 
the first planning period. EPA is also finalizing approval on a 
revision to the North Dakota SIP submitted on August 3, 2020, that 
addresses additional amendments to the regional haze provisions of the 
NDAC. The 2020 SIP revision was submitted to update the incorporation 
by reference date for regional haze definitions, add emission reduction 
requirements to make reasonable progress during the second and 
subsequent regional haze planning periods, and revise the regional haze 
monitoring, recordkeeping, and reporting requirements to be applicable 
under the second and subsequent planning period. EPA is taking this 
action pursuant to section 110 and Part C of the Clean Air Act (CAA).

DATES: This rule is effective on July 8, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2021-0002. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6252, <a href="/cdn-cgi/l/email-protection#b4d0dbd6c6d5dcdad1c69aded5c7d8cddaf4d1c4d59ad3dbc2"><span class="__cf_email__" data-cfemail="5f3b303d2d3e37313a2d71353e2c3326311f3a2f3e71383029">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our April 
1, 2021 proposal (86 FR 17101). In that document we proposed to approve 
North Dakota's regional haze SIP revision submitted by the State of 
North Dakota on November 11, 2016 and supplemented on March 15, 2021. 
Specifically, we proposed to approve North Dakota's removal of NDAC 
section 33-15-25-02.1 (requirement pertaining to the submittal of a 
regional haze BART analysis) and section 33-15-25-03 (requirement that 
references the federal guidelines for BART determinations under the 
regional haze rule) from the regional haze provisions provided in NDAC 
section 33-15-25.\1\
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    \1\ On August 6, 2018, North Dakota submitted a SIP to EPA that 
recodified the Air Pollution Control Rules, including those that 
address regional haze, from NDAC section 33-15 to NDAC section 33.1-
15. EPA approved the recodification on February 5, 2019 (84 FR 
1610). The recodification made the regional haze section of NDAC to 
be changed from section 33-15-25 to section 33.1-15-25. The 2018 SIP 
reflected the deletions of section 33.1-15-25-02.1 and section 33.1-
15.25-03 (formerly referred to as section 33-15-25-02.1 and section 
33-15-25-03).
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    We also proposed to approve a portion of North Dakota's August 3, 
2020, SIP revision that addresses NDAC section 33.1-15-25 of the Air 
Pollution Control Rules for regional haze.\2\ Specifically, we proposed 
to approve the following revisions to NDAC: Section 33.1-15-25-01 which 
updates the incorporation by reference date for regional haze 
definitions; section 33.1-15-25-03 which adds emission reduction 
requirements to make reasonable progress for the second and subsequent 
planning periods; and section 33.1-15-25-04 which revises the regional 
haze monitoring, recordkeeping, and reporting requirements to be 
applicable to sources under the second and subsequent planning periods.
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    \2\ EPA will act on the remaining portions of the ND August 3, 
2020, SIP in a separate future rulemaking.
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    We did not receive any comments on the proposed rule.

II. Final Action

    In this action, EPA is finalizing approval on SIP amendments to 
North Dakota Air Pollution Control Rules, shown in Table 1, submitted 
by the State of North Dakota on November 11, 2016, and supplemented 
March 15, 2021, and August 3, 2020.

     Table 1--List of North Dakota Amendments That EPA Is Approving
 Amended Sections in the November 11, 2016 Submittal, Supplemented March
                                15, 2021
NDAC section 33-15-25-02.1,\3\ NDAC section 33-15-25-03.\4\
 
            Amended Sections in the August 3, 2020 Submittal
NDAC section 33.1-15-25-01, NDAC section 33.1-15-25-03, NDAC section
 33.1-15-25-04.
 

III. Incorporation by Reference
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    \3\ Since North Dakota's NDAC recodification in 2018, section 
33-15-25-02.1 is referred to as section 33.1-15-25-02.1.
    \4\ Since North Dakota's NDAC recodification in 2018, section 
33-15-25-03 is referred to as section 33.1-15-25-03.
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    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation

[[Page 30388]]

by reference of NDAC as described in section II of this preamble. EPA 
has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA Region 8 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information). Therefore, 
these materials have been approved by EPA for inclusion in the SIP, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\5\
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    \5\ 62 FR 27968 (May 22, 1997).
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IV. 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, described in the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. 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 August 9, 2021. 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.

    Dated: June 2, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart JJ--North Dakota

0
2. In Sec.  52.1820, the table in paragraph (c) is amended by revising 
the entries ``33.1-15-25-01'', 33.1-15-25-02'', ``33.1-15-25-03'', and 
``33.1-15-25-04'' to read as follows:


Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *

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                                                   State         EPA
         Rule No.               Rule title       effective    effective       Final rule           Comments
                                                    date         date        citation/date
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                                                  * * * * * * *
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                                     33.1-15-25. Regional Haze Requirements
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33.1-15-25-01............  Definitions........     7/1/2020     7/8/2021  [insert Federal
                                                                           Register
                                                                           citation], 6/8/
                                                                           2021.
33.1-15-25-02............  Best available          7/1/2016     7/8/2021  [insert Federal
                            retrofit                                       Register
                            technology.                                    citation], 6/8/
                                                                           2021.

[[Page 30389]]

 
33.1-15-25-03............  Emission reduction      7/1/2020     7/8/2021  [insert Federal
                            measures required                              Register
                            to make reasonable                             citation], 6/8/
                            progress toward                                2021.
                            the national
                            visibility goal.
33.1-15-25-04............  Monitoring,             7/1/2020     7/8/2021  [insert Federal
                            recordkeeping, and                             Register
                            reporting.                                     citation], 6/8/
                                                                           2021.
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* * * * *
[FR Doc. 2021-11888 Filed 6-7-21; 8:45 am]
BILLING CODE 6560-50-P


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