Federal Register - August 2, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules
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 electronically in www.regulations.gov.
To reduce the risk of COVID19
transmission, for this action we do not plan to offer hard copy review of the docket. Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access to the docket.
FOR FURTHER INFORMATION CONTACT:

Kevin Leone, Air and Radiation Division, EPA, Region 8, Mailcode 8ARDIO, 1595 Wynkoop Street, Denver, Colorado 802021129, telephone number: 303 3123126227, email address: leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever we, us, or our is used, we mean the EPA.

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I. Background On August 3, 2020, the State of North Dakota submitted SIP revisions containing amendments to North Dakota Administrative Code NDAC, Article 33.115 Air Pollution Control located in North Dakotas EPA-Approved Regulations. Article 33.115 consists of 25 chapters numbered from 33.11501
through 33.11525. Revisions to 33.1
1525 Regional Haze Requirements were acted on in a separate rulemaking.1
North Dakota is also revising section 2.15 Respecting Boards located in North Dakotas EPA Approved Nonregulatory Provisions and QuasiRegulatory Measures. These revisions became effective as a matter of State law on July 1, 2020. We are proposing to approve these revisions, except for the previously approved regional haze provisions.

1 The
EPA approved North Dakotas rule revisions to chapter 33.11525 regional haze on June 8, 2021 86 FR 30387.

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II. The EPAs Evaluation A. Revisions to Chapter 33.11501
General Provisions 1 Section 33.1150101 Purpose Line 3A semicolon is added after the word property.
This revision is approvable, as it is administrative in nature.
2 Section 33.1150104 Definitions In Section 33.115010404.45, a comma is added after emission.
This revision is approvable, as it is administrative in nature.
In Section 33.115010404.52, the date for incorporation by reference for the definition of volatile organic compounds VOCs is changes from July 1, 2015 to July 1, 2019.
This revision is approvable, as it keeps North Dakotas definition current with the federal definition of VOCs.
North Dakotas regulation located in section 33.115010404.52 states:
Volatile Organic Compounds means the definition of volatile organic compounds in 40 Code of Federal Regulations 51.100s as it exists on July 1, 2015, which is incorporated by reference.

This revision reflects the current EPA
definition of VOCs in 40 CFR 51.100s, which was last revised by the EPA on November 28, 2018 83 FR 61127. In addition, North Dakota incorporates by reference 40 CFR 52.21 for their Prevention of Significant Deterioration PSD regulations. The definition of VOCs located in 40 CFR 52.21a30
states:
Volatile organic compounds VOC is as defined in 40 CFR 51.100s of this chapter.

As such, this revision also keeps North Dakotas PSD regulation of VOCs current with the federal definition of VOCs.
3 Section 33.1150105
Abbreviations For the abbreviation of Abbreviation of PM10, the words a nominal are added.
This revision is approvable, as it is administrative in nature.
B. Revisions to Chapter 33.11502
Ambient Air Quality Standards, Table 1
1 Table 1
In Table 1, for fine particulates PM2.5 the determination of compliance is being clarified by adding the phrase three-year average to the annual standard and the phrase three-year average of the annual is added to the 24-hour standard.
These revisions are approvable, as this language corresponds with the
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language found in 40 CFR part 50, appendix N Interpretation of the National Ambient Air Quality Standards for PM2.5.. Appendix N states the data handling necessary for determining when the National Ambient Air Quality Standards NAAQS for PM2.5 are met, specifically for the primary and secondary annual and 24-hour PM2.5
NAAQS specified in 40 CFR 50.7, 50.13
and 50.18.
Appendix N states that there are two separate design values DVs for determining compliance with the NAAQS. Design values are the 3-year average NAAQS metrics which are compared to the NAAQS levels to determine which monitoring site meets or does not meet the NAAQS. Appendix N specifies two separate DVs:
1 The 3-year average of PM2.5 annual mean mass concentrations for each monitoring site; and 2 The 3-year average of annual 98th percentile 24-hour average.
2 Table 1
In Table 1, North Dakota is revising its maximum permissible concentration for ozone from 0.075 parts per million ppm to 0.070 ppm.
This revision is approvable. In 2015, the EPA promulgated a revised ozone NAAQS of 0.070 parts per million ppm. See Final Rule, National Ambient Air Quality Standard for Ozone, 80 FR 65292, October 26, 2015.
This rulemaking revised the maximum permissible concentration for ozone to 0.070 ppm. When a new or revised NAAQS is promulgated, the CAA
requires each state to submit a SIP
revision to incorporate the new standard. North Dakota revised Table 1
to reflect the 2015 ozone NAAQS of 0.070 ppm.
C. Revisions to Chapter 33.11503
Restriction of Emission of Visible Air Contaminants The title of the chapter is being revised to remove an m from emissions.
This revision is approvable, as it is administrative in nature.
D. Revisions to Chapter 33.11514
Designated Air Contaminant Sources, Permit To Construct, Minor Source Permit To Operate, Title V Permit To Operate 1 Section 33.1151401.1.2h In paragraph 33.1151401.1.2h, the word onsite is added twice.
This revision is approvable as it is administrative in nature.

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Federal Register - August 2, 2021

TitreFederal Register

PaysÉtats-Unis

Date02/08/2021

Page count328

Edition count7794

Première édition14/03/1936

Dernière édition12/06/2026

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