[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Rules and Regulations]
[Pages 19224-19229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10126]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ND8-1-7233a & ND-001-0001a; FRL-5812-3]
Clean Air Act Approval and Promulgation of State Implementation
Plan for North Dakota; Revisions to the Air Pollution Control Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA approves certain State implementation plan (SIP) revisions
submitted by the State of North Dakota with letters dated August 15,
1995 and January 9, 1996. The revisions address air pollution control
rules regarding general provisions; open burning; emissions of
particulate matter, certain settleable acids and alkaline substances,
and fugitives; air pollution emergency episodes; new source performance
standards (NSPS); national emission standards for hazardous air
pollutants (NESHAPs); and the minor source construction and operating
permit programs. The State's January 9, 1996 submittal also revised SIP
Chapter 6, Air Quality Surveillance, to identify current activities
regarding visibility monitoring. In addition, these submittals included
revisions involving the Title V Operating Permits Program, the Acid
Rain Program, the restriction of sulfur compound emissions, and
emission standards for hazardous air pollutants for source categories,
which
[[Page 19225]]
will be handled separately. Finally, EPA is correcting an incorporation
by reference error that was made by EPA in an October 20, 1993
rulemaking regarding the State's regulation for sulfur compounds.
DATES: This final rule is effective on June 20, 1997 unless comments
are received in writing by May 21, 1997. If the effective date is
delayed, timely notice will be published in the Federal Register.
ADDRESSES: Copies of the State's submittal and other information are
available for inspection during normal business hours at the following
locations: Air Program, Environmental Protection Agency, Region VIII,
999 18th Street, suite 500, Denver, Colorado 80202-2405; North Dakota
State Department of Health and Consolidated Laboratories, Environmental
Health Section, 1200 Missouri Avenue, Bismarck, North Dakota 58502-
5520; and The Air and Radiation Docket and Information Center, 401 M
Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection
Agency, Region VIII, (303) 312-6449.
SUPPLEMENTARY INFORMATION:
I. Background
The Governor of North Dakota submitted various revisions to the
State's air pollution control rules with letters to EPA dated August
15, 1995 and January 9, 1996. These revisions were necessary, for the
most part, to make the rules consistent with Federal requirements or
for clarification purposes. The January 9, 1996 submittal also revised
SIP Chapter 6, Air Quality Surveillance, in order to identify current
activities regarding visibility monitoring and to withdraw an April 24,
1994 revision to the same chapter.
II. This Action
A. Analysis of State Submissions
1. Procedural Background
The Act requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) of the Act provides that each implementation
plan submitted by a State must be adopted after reasonable notice and
public hearing. Section 110(l) of the Act similarly provides that each
revision to an implementation plan submitted by a State under the Act
must be adopted by such State after reasonable notice and public
hearing.
EPA also must determine whether a submittal is complete and
therefore warrants further EPA review and action (see section 110(k)(1)
and 57 FR 13565). EPA's completeness criteria for SIP submittals are
set out at 40 CFR part 51, appendix V. EPA attempts to make
completeness determinations within 60 days of receiving a submission.
However, a submittal is deemed complete by operation of law if a
completeness determination is not made by EPA six months after receipt
of the submission.
To entertain public comment, the State of North Dakota, after
providing adequate notice, held public hearings on December 1, 1994 and
July 25, 1995 to address revisions to the SIP and Air Pollution Control
Rules. Following the public hearings, public comment period, and
completion of legal review by the North Dakota Attorney General's
Office, the North Dakota State Health Council adopted the revisions,
which became effective on August 1, 1995 and January 1, 1996,
respectively.
The Governor of North Dakota submitted the revisions to the SIP
with letters dated August 15, 1995 and January 9, 1996. The SIP
revisions were reviewed by EPA to determine completeness in accordance
with the completeness criteria set out at 40 CFR part 51, appendix V.
The submittals were found to be complete and letters dated September
28, 1995 and February 13, 1996 were forwarded to the Governor
indicating the completeness of the respective submittals and the next
steps to be taken in the review process.
2. August 15, 1995 Revisions
The August 15, 1995 submittal addresses North Dakota Air Pollution
Control Rules involving general provisions, emissions of particulate
matter, prevention of air pollution emergency episodes, NESHAPs (40 CFR
Part 61), minor source permitting and fees, Title V Operating Permits
Program, and the Acid Rain Program. The revisions regarding the Title V
Operating Permits Program and the Acid Rain Program were handled
separately. The August 15, 1995 submittal also included a request for
Clean Air Act Section 112(l) delegation of the 40 CFR Part 63 NESHAPs.
This request was addressed in an October 17, 1995 letter from William
P. Yellowtail, EPA, to Francis J. Schwindt, North Dakota Department of
Health.
The remaining portions of the August 15, 1995 submittal are being
addressed in this document and involve the following sections of the
North Dakota Air Pollution Control Rules: 33-15-01 General Provisions;
33-15-05 Emissions of Particulate Matter Restricted; 33-15-11
Prevention of Air Pollution Emergency Episodes; 33-15-13 Emission
Standards for Hazardous Air Pollutants; 33-15-14 Designated Air
Contaminant Sources, Permit to Construct, Minor Source Permit to
Operate, Title V Permit to Operate (sections specific to minor
sources); and 33-15-23 Fees.
a. Chapter 33-15-01 General Provisions
This chapter was revised to include several definitions for various
types of waste material, including definitions for ``infectious
waste,'' ``refuse,'' and ``trash.'' The new definitions parallel
definitions found in other North Dakota environmental regulations,
including solid waste, hazardous waste, and radiological rules. These
revisions are approvable.
b. Chapter 33-15-05 Emissions of Particulate Matter Restricted
Section 3, Incinerators, of this chapter was eliminated and
replaced with three new sections regarding infectious waste
incinerators, refuse incinerators, and other waste incinerators.
Section 33-15-05-03.1., regarding infectious waste incinerators,
requires owners of existing infectious waste incinerators to maintain
records, provide training to the operators of the incinerators, and to
correct malfunctions before resuming incineration. New infectious waste
incinerators (burning less than 10,000 pounds of infectious waste per
week) will be required to meet a 10% opacity limit and be designed to
maintain a temperature of 1800 deg.F in the secondary chamber with a
residence time of at least one second. A presumptive minimum stack
height of 40 feet will also be required. Recordkeeping, monitoring,
operator training, and reporting requirements are also included in the
regulation.
New large infectious waste incinerators (burning 10,000 pounds or
more of infectious waste per week) will be required to meet all the
requirements for smaller infectious waste incinerators plus standards
for particulate matter, hydrogen chloride, carbon monoxide, and
dioxins/furans. Recordkeeping, reporting, operator training, and
performance testing are also required.
Section 33-15-05-03.2., regarding refuse incinerators, prohibits
the burning of any recyclable material when a recycling option is
reasonably available. This prohibition goes into effect one year after
the promulgation of the rule. The regulations also require owners/
operators of incinerators that burn trash to upgrade their units to
standards established for new units within two years of promulgation of
the
[[Page 19226]]
rule. New trash incinerators are required to meet a 10% opacity limit
and be designed to have a minimum temperature of 1500 deg.F and \1/2\
second retention time in the secondary chamber. A presumptive minimum
stack height of 40 feet is included in the rule, as well as monitoring
requirements and waste charging limitations.
Section 33-15-05-03.3., regarding other waste incinerators,
requires new salvage incinerators to meet the same requirements as new
infectious waste incinerators. This section also gives the State the
authority to establish unit specific requirements for air curtain
destructors, industrial waste and special waste incinerators, and
crematoriums.
These revisions are approvable. Please note that EPA intends to
promulgate a medical waste incinerator NSPS in the near future. Should
the State's infectious waste incinerator rule be less stringent than
the forthcoming medical waste incinerator NSPS, the State will need to
revise its rule and the SIP accordingly.
c. Chapter 33-15-11 Prevention of Air Pollution Emergency Episodes
Changes to this chapter were made to make it consistent with the
new definitions in Chapter 33-15-01 regarding industrial waste. These
revisions are minor and approvable.
d. Chapter 33-15-13 Emission Standards for Hazardous Air Pollutants
The changes to this chapter include updating the date for Federal
regulations in 40 CFR Part 61 to be incorporated by reference and to
incorporate for the first time 40 CFR part 61, subpart I (to regulate
radionuclide emissions from facilities licensed by the Nuclear
Regulatory Commission (NRC) and other Federal facilities not covered by
subpart H of 40 CFR Part 61). The revision to update the incorporation
by reference date is approvable.
However, on December 30, 1996, EPA rescinded subpart I as it
applies to NRC or NRC Agreement State licensed facilities other than
commercial nuclear power plants. EPA determined that the NRC regulatory
program for licensed facilities other than commercial nuclear power
plants protects public health with an ample margin of safety, the same
level of protection that would be afforded by continued implementation
of subpart I. Therefore, EPA rescinded subpart I to eliminate
overlapping regulation of these emissions. See 61 FR 68972-68981. As a
result, EPA cannot incorporate subpart I into the North Dakota SIP, as
requested.
e. Chapter 33-15-14 Designated Air Contaminant Sources, Permit To
Construct, Minor Source Permit To Operate, Title V Permit To Operate
Changes to this chapter were made to make it consistent with the
new definitions in Chapter 33-15-01 regarding incinerators. Further
changes to this chapter involve the removal of the sections which
establish Permit to Construct and Minor Source Permit to Operate fees
(33-15-14-02.12. and 33-15-14-03.10.). These sections were moved to a
new chapter, 33-15-23, Fees. These revisions are approvable. The
revisions regarding the Title V permit to operate (section 33-15-14-06)
will be handled separately.
f. Chapter 33-15-23 Fees
A new chapter was developed to address fees that are charged to
sources under the Air Pollution Control Program. These fees were
originally included in Chapter 33-15-14. The provisions in Chapter 33-
15-14 were relocated to this new chapter with a few minor revisions.
These revisions are approvable since they are basically what was
approved in the SIP previously in Chapter 33-15-14. The sections
regarding major source permit to operate fees (33-14-23-04) and phase I
substitution units (33-15-23-05) will be handled separately.
3. January 9, 1996 Revisions
The January 9, 1996 submittal addresses visibility monitoring
requirements outlined in Chapter 6 of the SIP. With this submittal, the
State formally withdraws an April 1994 submittal of Section 6.12 of the
SIP and replaces it with a new Section 6.13, which identifies current
activities regarding visibility monitoring.
In addition, the January 9, 1996 submittal included revisions to
Chapter 33-15-06, Emissions of Sulfur Compounds Restricted, and
requests for direct delegation of revisions to Chapter 33-15-14,
Designated Air Contaminant Sources, Permit to Construct, Minor Source
Permit to Operate, Title V Permit to Operate (section specific to Title
V Permit to Operate) and Chapter 33-15-22, Emission Standards for
Hazardous Air Pollutants for Source Categories, (40 CFR Part 63
NESHAPs). These revisions and requests will be handled separately.
Finally, the January 9, 1996 submittal addresses the following
chapters of the North Dakota Air Pollution Control Rules, which will be
addressed in this document: 33-15-01 General Provisions; 33-15-04 Open
Burning Restrictions; 33-15-09 Emissions of Certain Settleable Acids
and Alkaline Substances Restricted; 33-15-12 Standards of Performance
for New Stationary Sources; 33-15-13 Emission Standards for Hazardous
Air Pollutants; 33-15-14-01.1 Designated Air Contaminant Sources,
Permit to Construct, Minor Source Permit to Operate, Title V Permit to
Operate (section specific to definitions); and 33-15-17 Restriction of
Fugitive Emissions.
a. Chapter 6 Air Quality Surveillance
In April 1994, Section 6.12 of the SIP was submitted to EPA to
indicate that visibility monitoring was not necessary due to a lack of
visibility impairment and a database indicating stable conditions. In
late 1994 and early 1995, there was a resurgence of activity in the oil
fields in Western North Dakota. Therefore, the State requested that EPA
take no action on Section 6.12 at that time. A new Section 6.13 was
developed to identify current activities regarding visibility
monitoring, and it was included in the January 1996 submittal. Section
6.12 was withdrawn.
An increase in oil drilling activities in 1995 prompted the
National Park Service to revisit the idea of establishing visibility
monitoring sites at the Class I areas in North Dakota. The State plans
to enter into a memorandum of understanding with the National Park
Service to proceed with establishing visibility monitoring at Theodore
Roosevelt National Park. This arrangement is acceptable to EPA.
b. Chapter 33-15-01 General Provisions
Under Subsection 33-15-01-04, the definition of volatile organic
compounds (VOC) was revised to match the Federal definition. At the
date of this submittal, the State's revision was consistent with
Federal requirements, and therefore, is being approved as submitted on
January 9, 1996.
However, on October 8, 1996, EPA published a revised definition of
VOC (61 FR 52850), which became effective on November 7, 1996. EPA's
definition excludes perchloroethylene (perc) from the definition of VOC
on the basis that it is of negligible reactivity and does not
contribute to tropospheric ozone formation. The definition submitted to
EPA in January 1996 does not exclude this compound. Therefore, this
State definition of VOC provides for the regulation of a compound
(perc) which is not considered a VOC by EPA. In light of EPA's most
recent definition of VOC, EPA will not enforce against sources for
failure to control the emission of compounds exempt from the Federal
VOC definition. North Dakota is advised of EPA's most recent VOC
definition
[[Page 19227]]
and future SIP revisions should reflect it accordingly.
c. Chapter 33-15-04 Open Burning Restrictions
The revisions to this chapter involve applying several new and, in
some cases, more restrictive conditions to all permissible open burning
and revising the applicability for open burning of household refuse.
The revisions allow open burning of household refuse only when no
collection and disposal service is required by a municipality or other
government entity. The revisions also limit material to be burned to
that of one family instead of three households (as previously allowed).
These revisions are approvable.
d. Chapter 33-15-09 Emission of Certain Settleable Acids and Alkaline
Substances Restricted
This chapter was deleted in its entirety. These rules had been in
North Dakota's Air Pollution Control Rules for over 20 years without
ever being utilized. The method of sampling was considered archaic and
no longer used by the State. Further, many Federal regulations, such as
NSPS and the Acid Rain Rules, were developed after the adoption of
Chapter 33-15-09 and address sources that emit acidic or alkaline
substances. In addition, the State's Air Toxics Program has been used
to address emissions of such substances. Chapter 33-15-09 was obsolete
and, therefore, the deletion of it is approvable.
e. Chapter 33-15-12 Standards of Performance for New Stationary
Sources
Chapter 33-15-13 Emission Standards for Hazardous Air Pollutants
The revisions to 33-15-12 and 33-15-13 incorporate by reference the
Federal NSPS in 40 CFR part 60 and the Federal NESHAPs in 40 CFR part
61, as in effect on May 1, 1995, with the exception of 40 CFR part 61,
subparts B, H, K, Q, R, T, and W (i.e., radionuclides). Again, as
discussed above in section II.A.2.d., EPA cannot act on the State's
request to incorporate by reference subpart I since it has been
rescinded.
Major revisions were made in Chapter 33-15-13, Section 02, Emission
Standard for Asbestos. Substantive changes were made to the sections
dealing with definitions and asbestos abatement licensing and
certification.
Revisions to the asbestos rules were necessary due to EPA's
promulgation of changes to 40 CFR Part 763, Appendix C to Subpart E,
the Asbestos Model Accreditation Plan (MAP). On February 3, 1994, EPA
issued the interim final rule to revise the MAP in response to
requirements detailed in the Asbestos School Hazard Abatement
Reauthorization Act of 1990 (ASHARA). Among other things, the revised
MAP includes the following: (1) requires that individuals must be
accredited to work with asbestos in schools and public and commercial
buildings and clarifies the types of work activities which are
applicable; (2) increases the minimum number of hours of training for
asbestos abatement workers and contractor/supervisors; (3)
distinguishes between the training requirements for each of the five
disciplines; (4) expands the project designer curriculum; (5) alters
requirements for training certificates; (6) establishes new enforcement
criteria and procedures for withdrawing licenses and certificates; (7)
adds new definitions; and (8) adds recordkeeping requirements for
training providers. By far the most significant change to the MAP was
the requirement for certification of all persons performing asbestos
abatement in public and commercial buildings. The interim rule was
finalized and became effective on October 4, 1994.
The State revised its asbestos rules to be consistent with the new
MAP and all references to the MAP were amended to cite the revised plan
date (i.e., February 3, 1994). In addition, several minor corrections
and clarifications were made to the rule.
EPA has reviewed the State's revised NSPS and NESHAPs regulations
(including the asbestos rules) and determined that they are approvable,
with the exception of the incorporation of 40 CFR part 61, subpart I,
as in effect on May 1, 1995. EPA cannot act on subpart I because it was
rescinded on December 30, 1996 (see II.A.2.d. above and 61 FR 68972-
68981).
f. 33-15-14 Designated Air Contaminant Sources, Permit To Construct,
Minor Source Permit to Operate, Title V Permit To Operate
Minor modifications were made to Section 33-15-14-01.1,
Definitions, in order to be consistent with Federal regulations. These
revisions, therefore, are approvable.
As mentioned above, this submittal also included revisions to North
Dakota's Title V Permit to Operate Program, which will be handled
separately.
g. 33-15-17 Restriction of Fugitive Emissions
Section 33-15-17-02.1 was deleted. This section had established a
standard and monitoring methodology for the difference between upwind
and downwind concentrations of total suspended particulate (TSP). The
State believed the standard to be outdated since neither the State nor
industry monitors for it anymore. Further, a source could have actually
exceeded the PM10 National Ambient Air Quality Standard (NAAQS)
but still have been in compliance with this fugitive dust provision
(i.e., the TSP standard was meaningless for protecting the PM10
NAAQS). In addition, the State and industry operate a network of
PM10 samplers in North Dakota, and the results of sampling
indicate compliance with the PM10 NAAQS. As a result, the State
believes the deletion of this provision does not negatively impact the
NAAQS, and EPA believes, therefore, that the deletion of this fugitive
dust provision is approvable.
III. Correction of Incorporation by Reference Error
In an October 20, 1993 rulemaking, EPA approved revisions to the
North Dakota Administrative Code, Chapter 33-15-06, Emissions of Sulfur
Compounds Restricted, which became effective on June 1, 1992. (See 58
FR 54043, 40 CFR 52.1820(c)(24)(i)(A).) However, in the material that
EPA sent to The Air and Radiation Docket and Information Center for
incorporation by reference into the SIP, EPA only incorporated those
provisions of Chapter 33-15-06 that were different from the previous
version of Chapter 33-15-06 approved by EPA. However, the entire
chapter should have been incorporated into the SIP because it had been
recodified by the State since the previous SIP approval of that chapter
by EPA. Consequently, EPA is correcting its error by resubmitting
Chapter 33-15-06, as effective on June 1, 1992, to The Air and
Radiation Docket and Information Center for incorporation into the SIP
in its entirety.
IV. Final Action
EPA is taking the following actions on North Dakota's SIP
revisions, as submitted by the Governor with letters dated August 15,
1995 and January 9, 1996. EPA approves the revisions in the August 15,
1995 submittal concerning the following North Dakota Air Pollution
Control Rules: 33-15-01 General Provisions; 33-15-05 Emissions of
Particulate Matter Restricted; 33-15-11 Prevention of Air Pollution
Emergency Episodes; 33-15-13 Emission Standards for Hazardous Air
Pollutants; 33-15-14 Designated Air Contaminant Sources, Permit to
Construct, Minor Source Permit to Operate, Title V Permit to Operate
(sections specific to minor sources); and
[[Page 19228]]
33-15-23 Fees. Revisions regarding the Title V Operating Permits
Program and the Acid Rain Program were handled separately. The August
15, 1995 submittal also included a request for Clean Air Act Section
112(l) delegation of the 40 CFR Part 63 NESHAPs. This request was
addressed in an October 17, 1995 letter from William P. Yellowtail,
EPA, to Francis J. Schwindt, North Dakota Department of Health.
EPA approves revisions in the January 9, 1996 submittal which
address revisions to the following North Dakota Air Pollution Control
Rules: 33-15-01 General Provisions; 33 15-04 Open Burning Restrictions;
33-15-09 Emissions of Certain Settleable Acids and Alkaline Substances
Restricted; 33-15-12 Standards of Performance for New Stationary
Sources; 33-15-13 Emission Standards for Hazardous Air Pollutants; 33-
15-14-01.1 Designated Air Contaminant Sources, Permit to Construct,
Minor Source Permit to Operate, Title V Permit to Operate (section
specific to definitions); and 33-15-17 Restriction of Fugitive
Emissions. EPA also approves visibility monitoring requirements
outlined in Chapter 6 of the SIP. With this submittal, the State
formally withdraws an April 1994 submittal of Section 6.12 of the SIP
and replaces it with a new Section 6.13, which identifies current
activities regarding visibility monitoring.
In addition, the January 9, 1996 submittal included revisions to
Chapter 33-15-06, Emissions of Sulfur Compounds Restricted, and
requests for direct delegation of revisions to Chapter 33-15-14,
Designated Air Contaminant Sources, Permit to Construct, Minor Source
Permit to Operate, Title V Permit to Operate (section specific to Title
V Permit to Operate) and Chapter 33-15-22, Emission Standards for
Hazardous Air Pollutants for Source Categories, (40 CFR Part 63
NESHAPs). These revisions and requests will be handled separately.
This approval provides the State with the authority for
implementation and enforcement of all Federal NSPS and NESHAPs (except
40 CFR part 61, subparts B, H, K, Q, R, T, and W, pertaining to
radionuclides) promulgated as of May 1, 1995. However, the State's NSPS
and NESHAPs authorities do not include those authorities which cannot
be delegated to the states, as defined in 40 CFR parts 60 and 61.
In addition, EPA cannot act on the State's request to incorporate
by reference 40 CFR part 61, subpart I (regarding radionuclide
emissions from facilities licensed by the NRC and other Federal
facilities not covered by subpart H) because EPA rescinded subpart I
(see 61 FR 68972-68981, December 30, 1996) subsequent to the State's
adoption of these revisions.
Finally, EPA is correcting an incorporation by reference error by
resubmitting Chapter 33-15-06, Emissions of Sulfur Compounds
Restricted, to The Air and Radiation Docket and Information Center for
incorporation into the SIP in its entirety.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective June 20, 1997 unless, by May 21, 1997, adverse or critical
comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice that will withdraw
the final action. All public comments received will be addressed in a
subsequent final rule based on this action serving as a proposed rule.
EPA will not institute a second comment period on this action. Any
parties interested in commenting on this action should do so at this
time. If no such comments are received, the public is advised that this
action will be effective on June 20, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to a SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
V. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the CAA, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66
(1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action proposes to
approve pre-existing requirements under State or local law, and imposes
no new Federal requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory
[[Page 19229]]
Enforcement Fairness Act of 1996, EPA submitted 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 General
Accounting Office prior to publication of this rule in today's Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
E. Petitions for Judicial Review
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 June 20, 1997. 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).)
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
List of Subjects in 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.
Dated: April 7, 1997.
Jack W. McGraw,
Acting Regional Administrator.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart JJ--North Dakota
2. Section 52.1820 is amended by adding paragraph (c)(29) to read
as follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
(29) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with
letters dated August 15, 1995 and January 9, 1996. The revisions
address air pollution control rules regarding general provisions; open
burning; emissions of particulate matter, certain settleable acids and
alkaline substances, and fugitives; air pollution emergency episodes;
new source performance standards (NSPS); national emission standards
for hazardous air pollutants (NESHAPs); and the minor source
construction and operating permit programs. The State's January 9, 1996
submittal also revised SIP Chapter 6, Air Quality Surveillance, to
identify current activities regarding visibility monitoring.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules as follows:
Emissions of Particulate Matter Restricted 33-15-05-03., 33-15-05-
03.1., 33-15-05-03.2., and 33-15-05-03.3.; Prevention of Air Pollution
Emergency Episodes 33-15-11 Tables 6 and 7; and Fees 33-15-23-01, 33-
15-23-02, and 33-15-23-03, effective August 1, 1995.
(B) Revisions to the Air Pollution Control Rules as follows:
General Provisions 33-15-01-04; Emission Standards for Hazardous Air
Pollutants 33-15-13, except 33-15-13-01-2., Subpart I; Designated Air
Contaminant Sources, Permit to Construct, Minor Source Permit to
Operate, Title V Permit to Operate 33-15-14-01, 33-15-14-01.1., 33-15-
14-02.12., and 33-15-14-03.10.; effective August 1, 1995 and January 1,
1996.
(C) Revisions to the Air Pollution Control Rules as follows: Open
Burning Restrictions 33-15-04; Emissions of Certain Settleable Acids
and Alkaline Substances Restricted 33-15-09; Standards of Performance
for New Stationary Sources 33-15-12; and Restriction of Fugitive
Emissions 33-15-17-01 and 33-15-17-02, effective January 1, 1996.
[FR Doc. 97-10126 Filed 4-18-97; 8:45 am]
BILLING CODE 6560-50-P
