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

1 62 FR 27968 (May 22, 1997). 

Incorporation by reference, 

Intergovernmental regulations, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

dioxide, Volatile organic compounds. 

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

Dated: September 26, 2017. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2017–21611 Filed 10–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2017–0019; FRL–9969–05– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; North 

Dakota; Revisions to Air Pollution 

Control Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of North Dakota 

on January 28, 2013, and April 22, 2014. 

The revisions are to Article 33–15 Air 

Pollution Control rules of the North 

Dakota Administrative Code. The 

revisions include amendments to add 

EPA Reference Method 22 to determine 

compliance with a visible emissions 

limit, add significance levels for PM2.5, 

modify existing significance levels for 

NO2 and SO2 and remove the 

significance level for PM10. This action 

is being taken under section 110 of the 

Clean Air Act (CAA). 

DATES: This rule is effective on 

November 9, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2017–0019. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Jaslyn Dobrahner, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6252, 

dobrahner.jaslyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In our notice of proposed rulemaking 

published on July 28, 2017 (82 FR 

35153), the EPA proposed to approve 

revisions to Article 33–15 Air Pollution 

Control rules of the North Dakota 

Administrative Code submitted by the 

State of North Dakota on January 28, 

2013, and April 22, 2014. In this 

rulemaking, we are taking final action 

on a revision submitted in the January 

28, 2013 submittal to revise significance 

levels. The North Dakota State Health 

Council adopted those amendments on 

August 14, 2012 (effective January 1, 

2013). In addition, we are also taking 

final action on a revision that was 

included in the April 22, 2014 submittal 

to add EPA Reference Method 22 for 

determining opacity for limits expressed 

as zero percent opacity. The North 

Dakota State Health Council adopted 

those amendments on February 11, 2014 

(effective April 1, 2014). The reasons for 

our approval are provided in detail in 

the proposed rule. 

II. Response to Comments 

We received no comments on our 

proposed rule. 

III. Final Action 

For the reasons expressed in the 

proposed rule, the EPA is approving 

revisions to sections of the State’s Air 

Pollution Control rules from the January 

28, 2013, and April 22, 2014 submittals. 

A summary of the revisions in North 

Dakota’s Air Pollution Control rules the 

EPA is approving is provided in Table 

1. 

TABLE 1—LIST OF NORTH DAKOTA REVISIONS THAT THE EPA IS APPROVING

Revisions in January 28, 2013 and April 22, 2014 

submittals that EPA is approving 

January 28, 2013 submittal: 33–15–14–02.5.a. 

April 22, 2014 submittal: 33–15–03–05.2. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of North 

Dakota Air Pollution Control rules 

described in the amendments set forth 

to 40 CFR part 52 below. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and/or at the EPA 

Region 8 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of the EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

V. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations 

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

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this final action 

merely approves some state law as 

meeting federal requirements; this final 

action does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this final 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

Oct. 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, Aug. 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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


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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and, 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, Feb. 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 11, 

2017. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: September 25, 2017. 

Suzanne J. Bohan, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 

‘‘33–15–03–05’’ and ‘‘33–15–14–02’’ to 

read as follows: 

§ 52.1820 Identification of plan. 

* * * * * 

(c) * * * 

Rule No. Rule title 

State 

effective 

date 

EPA 

effective 

date 

Final rule 

citation/date Comments 

*******

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

*******

33–15–03–05 ........ Method of 

measurement.

4/1/2014 11/9/2017 [insert Federal Register citation], 10/10/ 

2017.

*******

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

*******

33–15–14–02 ........ Permit to 

construct.

1/1/2013 11/9/2017 [insert Federal Register citation], 10/10/ 

2017.

Excluding subsections 1, 12, 13, 3.c., 13.b.1., 

5, 13.c., 13.i(5), 13.o., and 19 (one sentence) 

which were subsequently revised and approved. See 57 FR 28619 (6/26/92), regarding State’s commitment to meet requirements 

of EPA’s ‘‘Guideline on Air Quality Models 

(revised).’’ 

*******


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

1 Given the corrections to the federal definition of 

‘‘particulate matter emissions’’ in the PM2.5

Condensables Correction Rule, EPA is removing the 

note regarding ‘‘particulate matter emissions’’ in the 

table entry for Rule 335–3–14–.04 at 40 CFR 

52.50(c). In addition, EPA is removing the note 

regarding PM2.5 Significant Impact Levels (SILs) in 

the table entry for Rule 335–3–14–.04 at 40 CFR 

52.50(c) because, on October 9, 2014, ADEM 

submitted a letter to EPA withdrawing these SILs 

from EPA’s consideration as included in a May 2, 

2011, SIP submittal. 

2For background information on GHG permitting, 

including the GHG Step 3 Rule, see 82 FR 38662. 

3Emissions of CO2 from a stationary source 

directly resulting from the combustion or 

decomposition of biologically-based materials other 

than fossil fuels and mineral sources of carbon (e.g., 

calcium carbonate) and biologically-based material 

(non-fossilized and biodegradable organic material 

originating from plants, animals or microorganisms, including products, by-products, 

residues and waste from agriculture, forestry and 

related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and 

municipal wastes, including gases and liquids 

recovered from the decomposition of non-fossilized 

and biodegradable organic material). 

4 i.e., removing regulation of ‘‘GHG-only’’ sources. 

* * * * * 

[FR Doc. 2017–21606 Filed 10–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0360; FRL–9968–90– 

Region 4] 

Air Plan Approval; Alabama: 

Prevention of Significant Deterioration 

Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of revisions to 

Alabama’s State Implementation Plan 

(SIP), submitted by the State of 

Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), on May 8, 2013, 

and August 23, 2016. The portions of 

these SIP revisions that EPA is 

finalizing approval of relate to the 

State’s Prevention of Significant 

Deterioration (PSD) permitting program. 

This action is being taken pursuant to 

the Clean Air Act (CAA or Act). 

DATES: This rule is effective November 

9, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0360. All documents in the docket 

are listed on the 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 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 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 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Andres Febres of the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. 

Febres can be reached by telephone at 

(404) 562–8966 or via electronic mail at 

febres-martinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 8, 2013 and August 23, 2016, 

ADEM submitted SIP revisions for 

EPA’s approval that include changes to 

Alabama’s PSD permitting regulations, 

among other changes. In a notice of 

proposed rulemaking published on 

August 15, 2017 (82 FR 38660), EPA 

proposed to approve certain portions of 

these submittals that make changes to 

ADEM Administrative Code Rule 335– 

3–14–.04—‘‘Air Permits Authorizing 

Construction in Clean Areas (Prevention 

of Significant Deterioration Permitting 

(PSD)),’’ which applies to the 

construction or modification of any 

major stationary source in areas 

designated as attainment or 

unclassifiable as required by part C of 

title I of the CAA. 

Alabama’s May 8, 2013, SIP submittal 

includes changes to Rule 335–3–14–.04 

to address the Federal rule entitled 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5): Amendment to the Definition of 

‘Regulated NSR Pollutant’ Concerning 

Condensable Particulate Matter,’’ 77 FR 

65107 (October 25, 2012) (hereinafter 

referred to as the PM2.5 Condensables 

Correction Rule),1 and plantwide 

applicability limits (PALs) for 

greenhouse gases (GHGs) as allowed in 

the Federal rule entitled ‘‘Prevention of 

Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule Step 3 

and GHG Plantwide Applicability 

Limits,’’ 77 FR 41051 (July 12, 2012) 

(hereinafter referred to as the GHG Step 

3 Rule).2 In addition, the SIP submittal 

includes changes to the definition of 

GHGs in Rule 335–3–14–.04 and Rule 

335–3–16 (regarding major source 

operating permits) to address EPA’s July 

20, 2011 rule deferring PSD 

requirements for carbon dioxide (CO2) 

emissions from bioenergy and other 

biogenic sources (hereinafter referred to 

as the ‘‘Biomass Deferral Rule’’).3

Alabama’s May 8, 2013, SIP submission 

also includes the following changes to 

other Alabama rules: Changes to the 

definition of Volatile Organic 

Compounds (VOCs) at Rule 335–3–1– 

.02; changes to the incorporation by 

reference (IBR) of the Federal New 

Source Performance Standards in 

Chapter 335–3–10 and National 

Emissions Standards for Hazardous Air 

Pollutants in Chapter 335–3–11; and 

changes regarding transportation 

conformity provisions at Rule Chapter 

335–3–16. 

Alabama’s August 23, 2016, SIP 

submittal includes changes to Rule 335– 

3–14–.04 and Rule Chapter 335–3–16 to 

remove the treatment of GHGs as an air 

pollutant for the specific purpose of 

determining whether a source is a major 

source (or a modification thereof) in 

PSD and title V permitting 

requirements.4 The submittal also 

withdraws the portion of the State’s 

May 8, 2013, SIP submittal that revises 

Rule 335–3–14–.04 to address the 

Biomass Deferral Rule and makes 

changes to the GHG Step 3 language 

proposed in Alabama’s May 8, 2013, 

submittal. 

In the August 15, 2017, proposed 

rulemaking, EPA proposed to approve 

only the portions of the May 8, 2013, 

submittal that make changes to the GHG 

PAL provisions pursuant to the GHG 

Step 3 rule and the portions of the 

August 23, 2016, submittal that 

discontinue regulation of GHGs as an air 

pollutant for the specific purpose of 

determining whether a source is a major 

source (or a modification thereof) in 

PSD and title V permitting requirements 

and that make changes to the GHG Step 

3 language proposed in Alabama’s May 

8, 2013, submittal. EPA did not propose 

any action on the remaining portions of 

these submittals. The details of 

Alabama’s SIP revisions and the 


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