Overview
Title
Full Approval of Revised Clean Air Act Operating Permit Program; North Dakota
Agencies
ELI5 AI
The EPA has given the green light to North Dakota's plan for keeping the air clean, since they fixed some rules to match what the EPA wanted. If no one says anything bad about it by March 26, 2021, the plan will kick in on April 26, 2021.
Summary AI
The Environmental Protection Agency (EPA) has given full approval to North Dakota's revised and recodified operating permit program, which issues permits to major stationary sources of air pollution under the Clean Air Act. Previously, the program had an interim approval because certain legal provisions regarding judicial review were not aligned with federal requirements. After North Dakota made the necessary legal adjustments, including revising state laws and updating the Attorney General's Opinion, the program now meets all federal standards. This approval is considered non-controversial, and unless adverse comments are received by March 26, 2021, it will become effective on April 26, 2021.
Abstract
With this direct final rule, the Environmental Protection Agency (EPA or the "Agency") is promulgating full approval of the revised and recodified North Dakota operating permit program for stationary sources subject to title V of the Clean Air Act (CAA or the "Act"). On August 6, 2018, North Dakota submitted a request for approval of its revisions to the North Dakota operating permit program (the "title V program") for stationary sources subject to title V of the CAA and recodification of the State's title V program under a new title of the North Dakota Administrative Code (NDAC). The EPA determined that the revised and recodified program substantially met the requirements of title V of the Act and Code of Federal Regulations (CFR) but was not fully approvable because the State law provisions for judicial review were not consistent with program requirements found in the CFR. Thus, EPA issued an interim approval of North Dakota's title V program. North Dakota has made the changes required for full program approval. Accordingly, the EPA is taking this action in accordance with the CAA and CFR title V program approval requirements. This is a direct final action because the action is deemed noncontroversial and we do not expect adverse comments.
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AnalysisAI
The document under review is a rule issued by the Environmental Protection Agency (EPA) detailing the full approval of North Dakota’s revised operating permit program. This program, relevant to major stationary sources of air pollution like factories and power plants, now fulfills the federal requirements under Title V of the Clean Air Act. The approval is characterized as non-controversial, suggesting that it is not expected to attract significant opposition. The rule will take effect on April 26, 2021, assuming no adverse comments are received by March 26, 2021.
General Summary
The EPA's document announces the full approval of North Dakota's revised operating permit program, which has been updated to align with federal environmental laws. This program is significant because it ensures that large sources of air pollution in North Dakota are monitored and regulated under consistent national standards. Previously, the program had only interim approval due to discrepancies in state judicial review procedures compared to federal requirements. North Dakota addressed these issues by making necessary legal adjustments to state laws and updating relevant governmental opinions.
Significant Issues and Concerns
One of the primary issues with the document is the dense use of legal jargon and regulatory references, which could make it challenging for the general public to understand. The document frequently cites specific sections of federal law and uses acronyms without initial explanations, potentially alienating those without legal expertise. Furthermore, the narrative includes multiple dates and procedural steps that may cause confusion without a clear, straightforward timeline.
Another concern is the lack of transparency regarding the previous interim approval status, as the document does not fully explain why extensions were granted or what the broader implications might be for stakeholders.
Impact on the Public
For the general public in North Dakota, the approval of the revised permitting program should mean improved regulatory oversight of air pollution sources. This is likely to contribute to better air quality standards and public health protections, potentially reducing pollution-related health issues.
Impact on Specific Stakeholders
Businesses: Manufacturers and other businesses that are major sources of air pollution may face additional compliance responsibilities and costs due to the new alignment with federal standards. This could require operational changes to meet the updated permit requirements, affecting their administrative and financial activities.
Local Governments: Municipalities across North Dakota may see enhanced environmental oversight, potentially requiring coordination with state regulatory bodies to ensure compliance with the new standards. Local governments might also be involved in public outreach and education efforts to inform stakeholders about the changes.
Conclusion
Overall, this rule serves to bring North Dakota's permitting program in line with federal regulations, providing a framework for improved environmental protection. While this advancement likely benefits the public by enhancing air quality standards, stakeholders such as businesses may need to adapt to new regulatory expectations. The document emphasizes regulatory compliance over precision in communication, which might challenge non-experts trying to grasp its full implications.
Issues
• The document uses complex regulatory language and terminology (e.g., references to specific sections of the CFR and U.S. Code) that may be difficult for individuals without legal or regulatory expertise to understand.
• The document frequently references multiple dates and legal citations without a clear summary or timeline of events, which could lead to confusion for readers unfamiliar with the procedural history.
• The document uses acronyms (e.g., CAA, CFR, NDAC) extensively, which might be confusing without a glossary or full explanation on first use.
• The document does not clearly outline potential consequences or impacts for stakeholders in North Dakota, such as businesses and local governments, which could leave affected parties uncertain of how they might be impacted.
• There may be a lack of transparency regarding why the interim approval was extended, necessitating further detailed explanation or context for public understanding.