[Federal Register: October 21, 2004 (Volume 69, Number 203)]
[Rules and Regulations]
[Page 61762-61766]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc04-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 60
[ND-001-0011; FRL-7823-2]
Clean Air Act Approval and Promulgation of Air Quality
Implementation Plan Revision for North Dakota; Revisions to the Air
Pollution Control Rules; Delegation of Authority for New Source
Performance Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule and delegation of authority.
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SUMMARY: EPA is approving certain revisions to the State Implementation
Plan submitted by the Governor of North Dakota with a letter dated
April 11, 2003. The revisions affect portions of air pollution control
rules regarding general provisions and emissions of particulate matter
and sulfur compounds. This action is being taken under section 110 of
the Clean Air Act.
In addition, EPA is providing notice that on November 6, 2003,
North Dakota was delegated authority to implement and enforce certain
New Source Performance Standards, as of January 31, 2002.
EFFECTIVE DATE: This final rule is effective November 22, 2004.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. ND-001-0011. Some information in the docket is not publicly
available, i.e., Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available in hard copy at the Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8, 999
18th Street, Suite 300, Denver, Colorado 80202-2466. EPA requests that
if at all possible, you contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to view the docket. You may view
the docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal
holidays. Copies of the Incorporation by Reference material are also
available at the Air and Radiation Docket and Information Center, U.S.
Environmental Protection Agency, Room B-108 (Mail Code 6102T), 1301
Constitution Ave., NW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection
Agency, Region 8, (303) 312-6449, Platt.Amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of State Implementation Plan Revision
II. Delegation of Authority
III. Section 110(l)
IV. Final Action
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The word or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us, or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials NDDH mean or refer to the North Dakota
Department of Health.
(iv) The initials SIP mean or refer to the State Implementation
Plan.
(v) The word or initials State or ND mean the State of North
Dakota, unless the context indicates otherwise.
I. Summary of State Implementation Plan Revision
On July 7, 2004, EPA published a notice of proposed rulemaking for
the State of North Dakota (see 69 FR 40824). In that proposed
rulemaking, we proposed approval of portions of the SIP revision
submitted by the Governor of North Dakota on April 11, 2003. The
portions of the SIP revision that we proposed approval of affect North
Dakota Air Pollution Control Rules regarding general provisions and
emissions of particulate matter and sulfur compounds. No comments were
received on our July 7, 2004, notice of proposed rulemaking.
As we discussed in our July 7, 2004, notice of proposed rulemaking,
we will handle separately the revisions in the April 11, 2003,
submittal addressing North Dakota Air Pollution Control Rules Section
33-15-01-13, regarding shutdown and malfunction of an installation,
Chapter 33-15-14, regarding construction and minor source permitting,
and Chapter 33-15-15, regarding prevention of significant
deterioration. In addition, we will handle separately the direct
delegation requests for Chapter 33-15-13, regarding emission standards
for hazardous air pollutants, Chapter 33-15-21, regarding the State's
Acid Rain Program, and Chapter 33-15-22, regarding emission standards
for hazardous air pollutants for source categories. The submittal also
included a direct delegation request for standards of performance for
new stationary sources (see below).
The revisions in the April 11, 2003, submittal to be addressed in
this document pertain to portions of the general provisions and the
restriction of emissions of particulate matter and sulfur compounds,
which involve sections of the following chapters of the North Dakota
Administrative Code (N.D.A.C.): 33-15-01 General Provisions; 33-15-05
Emissions of Particulate Matter Restricted; and 33-15-06 Emissions of
Sulfur Compounds Restricted. For a discussion of how the State met the
necessary procedural requirements in the development of these
revisions, please refer to our July 7, 2004 notice of proposed
rulemaking (69 FR 40824).
A. Chapter 33-15-01, N.D.A.C., General Provisions
Revisions to Section 33-15-01-04, regarding definitions, included
the addition of a definition for ``pipeline quality natural gas'' and
an update to the baseline date for incorporating by reference the
definition of volatile organic compounds to August 1, 2001. In
addition, Sections 33-15-01-17 and 33-15-01-18, regarding enforcement
and compliance certifications, were modified to indicate that
information from compliance assurance monitoring protocols, which are
in accordance with the requirements of the State's permitting chapter,
is credible evidence of whether compliance is achieved. Because these
revisions are consistent with Federal requirements, they are
approvable.
B. Chapter 33-15-05, N.D.A.C., Emissions of Particulate Matter
Restricted
Section 33-15-05-02, regarding emissions from fuel burning
equipment used for indirect heating, was revised to exempt fuel burning
equipment that burns gaseous fuels from the emissions limitation
requirements of the chapter. Burning gaseous fuels results in very low
particulate matter emissions. Using AP-42 emission factors for natural
gas and propane, the State calculated emission rates of 0.01 lb/10\6\
Btu and 0.006 lb/10\6\ Btu, respectively. This is contrasted with the
allowable emission rate of Chapter 33-15-05 of 0.6 lb/10\6\ Btu for a
boiler rated at 10 x 10\6\ Btu/
[[Page 61763]]
hr. The State believes that, under normal operation, no unit burning
gaseous fuels would ever exceed the limits of this chapter. The
exempted sources will still be subject to the visible emission
standards under Chapter 33-15-03, Restriction of Emission of Visible
Air Contaminants, which allow the NDDH to take action should a
malfunction occur. Since burning gaseous fuels results in very low
particulate matter emissions, well below the emissions limitation
requirements of the chapter, this revision to Section 33-15-05-02 is
approvable.
In Subsection 33-15-05-03.3, Other Waste Incinerators, requirements
for salvage waste incinerators and crematoriums were revised.
Requirements were added for construction, operational, and
recordkeeping standards for salvage incinerators. Requirements for
installation and operation of a temperature recorder for the secondary
chamber, as well as requirements for charging and operation, were added
for crematoriums. Although there are no Federal requirements for
crematoriums, the State believes that these revisions ensure that units
are operating properly to protect human health and the environment. In
addition, any new units will still be subject to the Ambient Air
Quality Standards under Chapter 33-15-02, a visible emissions standard
under Chapter 33-15-03, and prevention of significant deterioration
increments under Chapter 33-15-15. Therefore, these revisions are
approvable.
Finally, 33-15-05-04, Methods of Measurement, was revised to allow
various alternative test methods for determining percent oxygen or
carbon dioxide, and the reference for fuel factors (F factors) was
updated. Since these revisions simply incorporated reference
information from Federal rules, they are approvable.
C. Chapter 33-15-06, N.D.A.C., Emissions of Sulfur Compounds Restricted
Section 33-15-06-01, Restriction of Emissions of Sulfur Dioxide
(SO2) from Use of Fuel, was revised to provide an exemption
from the requirements of the chapter for installations that burn
pipeline quality natural gas or commercial-grade propane. However,
sources that burn any fuel must still comply with the Ambient Air
Quality Standards of Chapter 33-15-02 and the prevention of significant
deterioration increments of Chapter 33-15-15. Since sources that burn
pipeline quality natural gas or commercial grade propane are expected
to emit far less SO2 than the emissions limitation
requirements of the chapter, this revision is approvable. In addition,
section 33-15-06-03, Methods of Measurement, was updated to incorporate
by reference the Federal F factors. These revisions are approvable
since they are consistent with Federal requirements.
II. Delegation of Authority
A. New Source Performance Standards
With the April 11, 2003, submittal, North Dakota requested
delegation of authority for revisions to the New Source Performance
Standards (NSPS), promulgated in Chapter 33-15-12, N.D.A.C. On November
6, 2003, delegation was given with the following letter:
Ref: 8P-AR
Honorable John Hoeven,
Governor of North Dakota, State Capitol, Bismarck, North Dakota
58505-0001
Re: Delegation of Clean Air Act New Source Performance Standards
Dear Governor Hoeven: In an April 11, 2003, letter from you and
an April 17, 2003, letter from David Glatt, North Dakota Department
of Health (NDDH), the State of North Dakota submitted revisions to
its Air Pollution Control Rules and requested direct delegation to
implement and enforce the Federal New Source Performance Standards
(NSPS). Specifically, North Dakota Administrative Code Chapter 33-
15-12, Standards of Performance for New Stationary Sources, was
revised to update the citation for the incorporated Federal NSPS in
40 CFR Part 60 as those in effect on January 31, 2002, with the
exception of subpart Eb, which the State has not adopted.
Subsequent to States adopting NSPS regulations, EPA delegates
the authority for the implementation and enforcement of those NSPS,
so long as the State's regulations are equivalent to the Federal
regulations. EPA reviewed the pertinent statutes and regulations of
the State of North Dakota and determined that they provide an
adequate and effective procedure for the implementation and
enforcement of the NSPS by the State. Therefore, pursuant to Section
111(c) of the Clean Air Act (Act), as amended, and 40 CFR Part 60,
EPA hereby delegates its authority for the implementation and
enforcement of the NSPS to the State of North Dakota as follows:
(A) Responsibility for all sources located, or to be located, in
the State of North Dakota subject to the standards of performance
for new stationary sources promulgated in 40 CFR Part 60. The
categories of new stationary sources covered by this delegation are
all NSPS subparts in 40 CFR Part 60, as in effect on January 31,
2002, with the exception of subpart Eb, which the State has not
adopted. Note this delegation does not include the emission
guidelines in subparts Cb, Cc, Cd, Ce, BBBB, and DDDD. These
subparts require state plans which are approved under a separate
process pursuant to Section 111(d) of the Act.
(B) Not all authorities of NSPS can be delegated to States under
Section 111(c) of the Act, as amended. The EPA Administrator retains
authority to implement those sections of the NSPS that require: (1)
approving equivalency determinations and alternative test methods,
(2) decision making to ensure national consistency, and (3) EPA
rulemaking to implement. Therefore, of the NSPS of 40 CFR Part 60
being delegated in this letter, the enclosure lists examples of
sections in 40 CFR Part 60 that cannot be delegated to the State of
North Dakota.
(C) The North Dakota Department of Health (NDDH) and EPA will
continue a system of communication sufficient to guarantee that each
office is always fully informed and current regarding compliance
status of the subject sources and interpretation of the regulations.
(D) Enforcement of the NSPS in the State will be the primary
responsibility of the NDDH. If the NDDH determines that such
enforcement is not feasible and so notifies EPA, or where the NDDH
acts in a manner inconsistent with the terms of this delegation, EPA
may exercise its concurrent enforcement authority pursuant to
section 113 of the Act, as amended, with respect to sources within
the State of North Dakota subject to NSPS.
(E) The State of North Dakota will at no time grant a variance
or waiver from compliance with NSPS regulations. Should the NDDH
grant such a variance or waiver, EPA will consider the source
receiving such relief to be in violation of the applicable Federal
regulation and initiate enforcement action against the source
pursuant to section 113 of the Act. The granting of such relief by
the NDDH shall also constitute grounds for revocation of delegation
by EPA.
(F) If at anytime there is a conflict between a State regulation
and a Federal regulation (40 CFR Part 60), the Federal regulation
must be applied if it is more stringent than that of the State. If
the State does not have the authority to enforce the more stringent
Federal regulation, this portion of the delegation may be revoked.
(G) If the Regional Administrator determines that a State
procedure for enforcing or implementing the NSPS is inadequate, or
is not being effectively carried out, this delegation may be revoked
in whole or part. Any such revocation shall be effective as of the
date specified in a Notice of Revocation to the NDDH.
(H) Acceptance of this delegation of presently promulgated NSPS
does not commit the State of North Dakota to accept delegation of
future standards and requirements. A new request for delegation will
be required for any standards not included in the State's requests
of April 11, and 17, 2003.
(I) Upon approval of the Regional Administrator of EPA Region 8,
the Director of the NDDH may subdelegate his authority to implement
and enforce the NSPS to local air pollution control authorities in
the State when such authorities have demonstrated that they have
equivalent or more stringent programs in force.
(J) The State of North Dakota must require reporting of all
excess emissions from any
[[Page 61764]]
NSPS source in accordance with 40 CFR 60.7(c).
(K) Performance tests shall be scheduled and conducted in
accordance with the procedures set forth in 40 CFR Part 60 unless
alternate methods or procedures are approved by the EPA
Administrator. Although the Administrator retains the exclusive
right to approve equivalent and alternate test methods as specified
in 40 CFR 60.8(b)(2) and (3), the State may approve minor changes in
methodology provided these changes are reported to EPA Region 8. The
Administrator also retains the right to change the opacity standard
as specified in 40 CFR 60.11(e).
(L) Determinations of applicability such as those specified in
40 CFR 60.5 and 60.6 shall be consistent with those which have
already been made by the EPA.
(M) Alternatives to continuous monitoring procedures or
reporting requirements, as outlined in 40 CFR 60.13(i), may be
approved by the State with the prior concurrence of the Regional
Administrator.
(N) If a source proposes to modify its operation or facility
which may cause the source to be subject to NSPS requirements, the
State shall notify EPA Region 8 and obtain a determination on the
applicability of the NSPS regulations.
(O) Information shall be made available to the public in
accordance with 40 CFR 60.9. Any records, reports, or information
provided to, or otherwise obtained by, the State in accordance with
the provisions of these regulations shall be made available to the
designated representatives of EPA upon request.
(P) All reports required pursuant to the delegated NSPS should
not be submitted to the EPA Region 8 office, but rather to the NDDH.
(Q) As 40 CFR Part 60 is updated, North Dakota should revise its
regulations accordingly and in a timely manner and submit to EPA
requests for updates to its delegation of authority.
EPA is approving North Dakota's request for NSPS delegation for
all areas within the State except for the following: lands within
the exterior boundaries of the Fort Berthold, Fort Totten, Standing
Rock and Turtle Mountain Indian Reservations; and any other areas
which are ``Indian Country'' within the meaning of 18 U.S.C. 1151.
Since this delegation is effective immediately, there is no need
for the State to notify the EPA of its acceptance. Unless we receive
written notice of objections from you within ten days of the date on
which you receive this letter, the State of North Dakota will be
deemed to accept all the terms of this delegation. EPA will publish
an information notice in the Federal Register in the near future to
inform the public of this delegation, in which this letter will
appear in its entirety.
If you have any questions on this matter, please contact me or
have your staff contact Richard Long, Director of our Air and
Radiation Program, at (303) 312-6005.
Sincerely yours,
Robert E. Roberts
Regional Administrator
Enclosures
cc:
David Glatt, NDDH
Terry O'Clair, NDDH
Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective
Through January 31, 2002, to the State of North Dakota.
Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
40 CFR subparts Section(s)
------------------------------------------------------------------------
A.......................... 60.8(b)(2) and (b)(3), and those sections
throughout the standards that reference
60.8(b)(2) and (b)(3); 60.11(b) and (e).
Da......................... 60.45a.
Db......................... 60.44b(f), 60.44b(g) and 60.49b(a)(4).
Dc......................... 60.48c(a)(4).
Ec......................... 60.56c(i), 60.8.
J.......................... 60.105(a)(13)(iii) and 60.106(i)(12).
Ka......................... 60.114a.
Kb......................... 60.111b(f)(4), 60.114b, 60.116b(e)(3)(iii),
60.116b(e)(3)(iv), and 60.116b(f)(2)(iii).
O.......................... 60.153(e).
S.......................... 60.195(b).
DD......................... 60.302(d)(3).
GG......................... 60.332(a)(3) and 60.335(a).
VV......................... 60.482-1(c)(2) and 60.484.
WW......................... 60.493(b)(2)(i)(A) and 60.496(a)(1).
XX......................... 60.502(e)(6).
AAA........................ 60.531, 60.533, 60.534, 60.535,
60.536(i)(2), 60.537, 60.538(e) and
60.539.
BBB........................ 60.543(c)(2)(ii)(B).
DDD........................ 60.562-2(c).
GGG........................ 60.592(c).
III........................ 60.613(e).
JJJ........................ 60.623.
KKK........................ 60.634.
NNN........................ 60.663(f).
QQQ........................ 60.694.
RRR........................ 60.703(e).
SSS........................ 60.711(a)(16), 60.713(b)(1)(i) and (ii),
60.713(b)(5)(i), 60.713(d), 60.715(a) and
60.716.
TTT........................ 60.723(b)(1), 60.723(b)(2)(i)(C),
60.723(b)(2)(iv), 60.724(e) and 60.725(b).
VVV........................ 60.743(a)(3)(v)(A) and (B), 60.743(e),
60.745(a) and 60.746.
http://WWW........................ 60.754(a)(5).
------------------------------------------------------------------------
Note that as a result of this latest NSPS delegation of authority
to North Dakota, we are now revising the table entitled ``Delegation
Status of New Source Performance Standards [(NSPS) for Region VIII''
that is located in 40 CFR 60.4 to update the State's delegation status.
In addition, since all the Region VIII states are delegated authority
to implement and enforce the Federal NSPS (as opposed to having SIP
approved programs), we are also revising the table to delete an old
footnote that denoted SIP approved programs.
B. Error in November 6, 2003, NSPS Delegation of Authority
Please note that in the November 6, 2003, delegation of authority
to the State of North Dakota, we made an error. We inadvertently
omitted one of the authorities in 40 CFR Part 60 which cannot be
delegated to the State. Specifically, in the enclosure to the
delegation letter, the table entitled ``Examples of Authorities in 40
CFR Part 60 Which Cannot Be Delegated'' should have included the
following entry: 40 CFR Subpart CCCC Section 60.2030(c).
[[Page 61765]]
Regardless, the Federal NSPS regulations, including those authorities
which can and cannot be delegated, always take precedence. For a more
detailed discussion, please refer to our July 7, 2004, notice of
proposed rulemaking at 69 FR 40828.
III. Section 110(l)
Section 110(l) of the Clean Air Act states that a SIP revision
cannot be approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the National Ambient Air Quality Standards
(NAAQS) or any other applicable requirements of the Act. The North
Dakota SIP revisions that are the subject of this document do not
interfere with the attainment or maintenance of the NAAQS or any other
applicable requirements of the Act. The SIP revisions to portions of
N.D.A.C. Chapter 33-15-01, regarding the State's general provisions,
simply added a definition, updated the baseline date for incorporating
by reference the definition of volatile organic compounds, and added
and/or clarified several administrative and reporting requirements.
These changes are consistent with Federal requirements and rules. The
SIP revisions to N.D.A.C. Chapter 33-15-05, regarding the control of
particulate matter emissions, address sources that emit far lower
emissions than the limitations of the chapter (because they burn
gaseous fuels), provide requirements where there are no existing
Federal requirements, and simply incorporate reference information from
Federal rules. Finally, the SIP revisions to N.D.A.C. Chapter 33-15-06,
regarding the control of sulfur compound emissions, address
installations that are expected to emit far less SO2 than
the emissions limitations of the chapter (because they burn pipeline
quality natural gas or commercial-grade propane) and simply incorporate
reference information from Federal rules. These revisions do not
interfere with the attainment or maintenance of the NAAQS or any other
applicable requirements of the Act.
IV. Final Action
EPA is approving certain rule revisions to the North Dakota SIP, as
discussed in this document and submitted by the Governor with a letter
dated April 11, 2003. The revisions in the April 11, 2003, submittal
which we are approving in this document involve portions of the
following chapters of the North Dakota Administrative Code: 33-15-01
General Provisions; 33-15-05 Emissions of Particulate Matter
Restricted; and 33-15-06 Emissions of Sulfur Compounds Restricted. We
are not acting at this time on revisions to the shutdown and
malfunction provisions, the construction and minor source permitting
rules nor the prevention of significant deterioration rules. In
addition, the requests for direct delegation of Chapter 33-15-13,
Emission Standards for Hazardous Air Pollutants, Chapter 33-15-21, Acid
Rain Program and Chapter 33-15-22, Emission Standards for Hazardous Air
Pollutants for Source Categories, are being handled separately.
Finally, as requested by the State with its April 11, 2003,
submittal, we are providing notice that we granted delegation of
authority to North Dakota on November 6, 2003, to implement and enforce
the NSPS promulgated in 40 CFR part 60, promulgated as of January 31,
2002 (except subpart Eb, which the State has not adopted). However, the
State's NSPS authorities do not include those authorities which cannot
be delegated to the states, as defined in 40 CFR part 60.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. EPA will submit a report containing this rule 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 20,
[[Page 61766]]
2004. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule 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 section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
40 CFR Part 60
Air pollution control, Aluminum, Ammonium sulfate plants,
Beverages, Carbon monoxide, Cement industry, Coal, Copper, Dry
cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, Glass
and glass products, Grains, Graphic arts industry, Household
appliances, Insulation, Intergovernmental relations, Iron, Lead, Lime,
Metallic and nonmetallic mineral processing plants, Metals, Motor
vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide, Paper and
paper products industry, Particulate matter, Paving and roofing
materials, Petroleum, Phosphate, Plastics materials and synthetics,
Reporting and recordkeeping requirements, Sewage disposal, Steel,
Sulfur oxides, Tires, Urethane, Vinyl, Waste treatment and disposal,
Wool, Zinc.
Dated: September 22, 2004.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
0
40 CFR part 52 is amended to read as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ--North Dakota
0
2. Section 52.1820 is amended by adding paragraph (c)(33) to read as
follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
(33) Certain revisions to the North Dakota State Implementation
Plan and Air Pollution Control Rules as submitted by the Governor with
a letter dated April 11, 2003. The revisions affect portions of North
Dakota Administrative Code (N.D.A.C.) regarding general provisions and
emissions of particulate matter and sulfur compounds.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Air Pollution Control Rules as
follows:
(1) Chapter 33-15-01, N.D.A.C., General Provisions, sections 33-15-
01-04, 33-15-01-17, and 33-15-01-18, effective March 1, 2003.
(2) Chapter 33-15-05, N.D.A.C., Emissions of Particulate Matter
Restricted, sections 33-15-05-02 and 33-15-05-04 and subsection 33-15-
05-03.3, effective March 1, 2003.
(3) Chapter 33-15-06, N.D.A.C., Emissions of Sulfur Compounds
Restricted, sections 33-15-06-01 and 33-15-06-03, effective March 1,
2003.
0
40 CFR part 60 is amended to read as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
2. In Sec. 60.4, amend the table in paragraph (c) by revising the
entries for subparts ``AAAA'' and ``CCCC'' and by removing footnote 1
to read as follows:
Sec. 60.4 Address.
* * * * *
(c) * * *
Delegation Status of New Source Performance Standards [(NSPS) for Region VIII]
----------------------------------------------------------------------------------------------------------------
Subpart CO MT ND SD UT WY
----------------------------------------------------------------------------------------------------------------
* * * * * * *
AAAA--Small Municipal Waste ........... (*) (*) ........... ........... (*)
Combustors.
CCCC--Commercial and Industrial ........... (*) (*) ........... ........... (*)
Solid Waste Incineration Units.
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(*) Indicates approval of State regulation.
* * * * *
[FR Doc. 04-23585 Filed 10-20-04; 8:45 am]
BILLING CODE 6560-50-P