Approval and Promulgation of State Implementation Plan Revisions; State of North Dakota; Air Pollution Control Rules, and Interstate Transport of Pollution for the 1997 PM2.5 and 8-Hour Ozone NAAQS: “Significant Contribution to Nonattainment” and “Interference With Prevention of Significant Deterioration” Requirements

The Environmental Protection Agency is approving State Implementation Plan (SIP) revisions submitted by the State of North Dakota on April 6, 2009. Specifically, EPA is approving revisions to the North Dakota air pollution control rules regarding prevention of significant deterioration of air quality, and partially approving the SIP revision "Interstate Transport of Air Pollution" addressing the requirements of Clean Air Act section 110(a)(2)(D)(i) for the 1997 PM<INF>2.5</INF> and 8-hour ozone National Ambient Air Quality Standards (NAAQS). These revisions, referred to as the Interstate Transport of Air Pollution SIP, address the requirements of Clean Air Act section 110(a)(2)(D)(i) for the 1997 8-hour ozone and 1997 PM<INF>2.5</INF> National Ambient Air Quality Standards (NAAQS). In this action, EPA is approving the North Dakota Interstate Transport SIP provisions that address the requirement of section 110(a)(2)(D)(i)(I) that emissions from the state's sources do not "contribute significantly" to nonattainment of the 1997 8-hour ozone NAAQS and the 1997 PM<INF>2.5</INF> NAAQS in any other state. In addition, EPA is approving the provisions of this SIP that address the requirement of section 110(a)(2)(D)(i)(II) that emissions from the state's sources do not interfere with measures required in the SIP of any other state under part C of the Clean Air Act (CAA) to prevent "significant deterioration of air quality." EPA will act at a later date on the North Dakota Interstate Transport SIP provisions that address the remaining two requirements of section 110(a)(2)(D)(i), that emissions from the state's sources do not "interfere with maintenance" of the 1997 8-hour ozone and 1997 PM<INF>2.5</INF> NAAQS in any other state, and do not interfere with measures required in the SIP of any other state to "protect visibility." This action is being taken under section 110 of the Clean Air Act.