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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules 2 Section 33.1151402.4a In subdivision 33.1151402.4a, the date for incorporation by reference of PSD modeling guidance by referring to 40 CFR part 51, appendix W
Guideline on Air Quality Models as it existed on July 1, 2019, and the reference to the North Dakota Modeling Guidance is deleted.
This revision is approvable, as the State is adopting federal guidelines for determining the effects on ambient air quality related to an application for a permit to construct, and this revision deletes the States own guidance on air quality modeling.
3 Chapter 33151402.5
In subsection 33.1151402.5, line 2, the word an is added before application.
This revision is approvable, as it is administrative in nature.

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4 Chapter 33.1151402.5a In the subdivision 33.11514
02.5a, the significant impact level SIL
for annual PM2.5 emissions is revised to 0.2 micrograms per cubic meter, and a SIL for 8-hour ozone of 2.0 micrograms per cubic meter is added.
These revisions are approvable. On October 20, 2010, the EPA promulgated a final rulemaking titled Prevention of Significant Deterioration PSD for Particulate Matter Less than 2.5
micrometersIncrements, Significant Impact Levels SILs and Significant Monitoring Concentrations SMCs, 75
FR 64864. This rulemaking revised the SIL for the annual PM2.5 to 0.3
micrograms per cubic meter for Class II
and Class III areas, and 0.06 micrograms per cubic meter for Class I areas.
However, on December 17, 2010, the Sierra Club petitioned the Court to review the 2010 PM2.5 SILs and SMC
final rule. On January 22, 2013, the Court granted a request from the EPA to vacate and remand to the EPA portions of the PSD regulations 40 CFR
51.166k2 and 52.21k2
establishing the SILs for PM2.5 so that the EPA could reconcile the inconsistency between the regulatory text and certain statements in the preamble to the 2010 final rule. Sierra Club v. EPA, 705 F.3d 458, 46364 D.C.
Cir. 2013. As a result, on December 9, 2013, EPA issued a final rule that removes the PM2.5 SILs from EPAs PSD
regulations PM2.5 Vacated Elements rulemaking. On April 17, 2018, the EPA
issued a guidance memo titled Guidance on Significant Impact Levels for Ozone and Fine Particles in the Prevention of Significant Deterioration Permitting Program See docket,
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which provided guidance on compliance demonstration tools for use with ozone and PM2.5 in the PSD
program. This guidance can be used to identify a SIL for each ozone and PM2.5
NAAQS. Permitting authorities may use these values to help determine whether a proposed PSD source causes or contributes to a violation of the corresponding NAAQS. The guidance recommends a SIL of 0.2 micrograms per cubic meter for annual PM2.5 and a SIL of 1.0 parts per billion pbb for 8hour ozone. North Dakotas new SIL for 8-hour ozone is 2.0 micrograms per cubic meter, which converts to one pbb see docket for conversion.
5 Chapter 33.1151402.8
In subsection 33.1151402.8, line 3, the word or is being changed to and.
This revision is approvable, as it is requiring an affirmative review of the requirements in both subsection 5a and 5b of this subsection before granting a permit to construct, as opposed to one or the other. Subsection 5a and 5b contain requirements pertaining to the departments review of an application for a permit to construct.
E. Revisions to Chapter 33.11515
Prevention of Significant Deterioration of Air Quality 1 Chapter 33.11501.2
In section 33.11501.2, the date for incorporation by reference is updated to July 1, 2019. In addition, the phrase or the administrators authorized representative is added.
This revision is approvable, as it expands the definition of administrator of the United States environmental protection agency to include or the administrators authorized representative.
2 Chapter 33.11501.2q In section 33.11501.2q, public participation, paragraph q2c is being revised to add the phrase and by a notice on the departments website.
This phrase is approvable, as it is in compliance with the requirements in 40
CFR 52.21q, which states:
The administrator shall follow the applicable procedures of 40 CFR part 124 in processing applications under this section.
40 CFR part 124xi2iii outlines the requirements as it relates to publishing PSD permits for the duration of the public comment period. 40 CFR part 124xi2iiiB states:
The director shall notify the public . . . for the duration of the public comment period, on a public website identified by the director.

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3 Chapter 33.11501.2q In section 33.11501.2q, public participation, paragraph q2c is being revised to add the phrase draft permit to construct.
This phrase is approvable, as it strengthens the requirement as to what is to be published during the public comment period.
F. Revisions to Chapter 33.11519
Visibility Protection In section 33.1151901.1 and 33.1151901.2, line 2, the reference to subsection 33.1151501 is corrected by adding .2.
This revision is approvable, as it is administrative in nature.
G. Revisions to Chapter 33.11520
Control of Emissions From Oil and Gas Well Production Facilities 1 Chapter 33.1152004.2
In section 33.1152004.2, the paragraph is revised to indicate that all flares at a production facility, not just those combusting gas containing hydrogen sulfide, must be maintained and operated in good working order. On the last line, sulfur dioxide is replaced with air contaminants as.
This revision is approvable, as it expands the amount of flares which must be maintained and operated in good working order.
2 Section 33.1152004.3
In section 33.1152004.3, the word volatile is removed to be consistent with Chapter 33.11507, and the words gas and vapor are pluralized.
This revision is approvable, as it is administrative in nature.
In section 33.1152004.3, the reference to gas containing hydrogen sulfide is removed and replaced with at production facility.
This revision is approvable, as it is administrative in nature.
H. Revisions to Section 2.15 Respecting Boards North Dakota is also revising section 2.15 Respecting Boards located in North Dakotas EPA Approved Nonregulatory Provisions and QuasiRegulatory Measures.
This revision is approvable. Section 128 of the CAA requires SIPs to contain requirements for Boards that approve permits and/or enforcement actions and conflict of interest requirements for state personnel and Boards. North Dakotas initial submittal of these requirements was approved by the EPA on July 20, 2013 78 FR 45866. When the North Dakota Department of Environmental
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