[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Rules and Regulations]
[Pages 45722-45727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22899]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 60
[ND-001-0002a & ND-001-0004a; FRL-6150-6]
Clean Air Act Approval and Promulgation of State Implementation
Plan for North Dakota; Revisions to the Air Pollution Control Rules;
Delegation of Authority for New Source Performance Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule and delegation of authority.
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SUMMARY: EPA approves certain State implementation plan (SIP) revisions
submitted by the North Dakota Governor with letters dated January 9,
1996 and September 10, 1997. The January 9, 1996 revisions are specific
to a rule regarding emissions of sulfur compounds (the remainder of the
State's January 9, 1996 submittal was handled separately). The
September 10, 1997 revisions are specific to air pollution control
rules regarding general provisions and emissions of particulate matter
and organic compounds. Revisions to the minor source construction
permit program will be handled separately. In addition, the September
10, 1997 submittal included direct delegation requests for emission
standards for hazardous air pollutants (NESHAP) and emission standards
for hazardous air pollutants for source categories, as well as the
State's plan for existing municipal solid waste landfills, which were
all handled separately.
Finally, EPA is providing notice that it granted delegation of
authority to North Dakota on May 28, 1998, to implement and enforce the
New Source
[[Page 45723]]
Performance Standards (NSPS) promulgated in 40 CFR Part 60, as of
October 1, 1996 (excluding subpart Eb).
DATES: This direct final rule is effective on October 26, 1998 without
further notice, unless EPA receives adverse comment by September 28,
1998. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Written comments may be mailed to Richard R. Long, Director,
Air and Radiation Program, Mailcode 8P-AR, Environmental Protection
Agency (EPA), Region VIII, 999 18th Street, suite 500, Denver,
Colorado, 80202-2405. Copies of the State's submittal and other
relevant documents are available for public inspection during normal
business hours at the Air and Radiation Program, Environmental
Protection Agency, Region VIII, 999 18th Street, suite 500, Denver,
Colorado, 80202-2405 and the North Dakota Department of Health,
Division of Environmental Engineering, 1200 Missouri Avenue, Bismarck,
North Dakota, 58506-5520.
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 January
9, 1996, and September 10, 1997. These revisions were necessary, for
the most part, to make the rules consistent with Federal requirements
or for clarification purposes.
The bulk of the January 9, 1996 SIP revisions were approved by EPA
on April 21, 1997 (62 FR 19224). That submittal also included a direct
delegation request for emission standards for hazardous air pollutants
for source categories, which was handled separately. Finally, action on
one rule, regarding emissions of sulfur compounds, was delayed pending
the State's provision of technical support documentation to justify
EPA's approval of the revision. That documentation now has been
provided to EPA's satisfaction and is discussed below in further
detail.
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 North Dakota Department of Health
(NDDOH), after providing adequate notice, held public hearings on July
25, 1995 and January 14, 1997 to address the respective 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 rule revisions, which became effective on January 1, 1996,
and September 1, 1997, respectively.
The Governor of North Dakota submitted the revisions to the SIP
with letters dated January 9, 1996, and September 10, 1997. 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 February 13,
1996, and November 5, 1997, were forwarded to the Governor indicating
the completeness of the respective submittals and the next steps to be
taken in the review process.
2. January 9, 1996 Revisions--Emissions of Sulfur Compounds
As discussed above, the January 9, 1996 submittal contained various
revisions which were approved by EPA on April 21, 1997 (62 FR 19224),
or handled separately. The one remaining revision regarding emissions
of sulfur compounds is being addressed in this document and involves
North Dakota Air Pollution Control Rule 33-15-06, Emissions of Sulfur
Compounds.
a. Chapter 33-15-06 Emissions of Sulfur Compounds. Restricted.
Language was added to this chapter to allow the State to consider
treaters at an oil or natural gas production facility, as defined in
Chapter 33-15-20 (Control of Emissions from Oil and Gas Well Production
Facilities), as ``industrial process equipment.'' Prior to this
revision, treaters were considered fuel burning equipment and were
subject to a SO2 emissions limit of three pounds per million
Btu on a one hour block average basis (Chapter 33-15-06-01.2.
Restrictions Applicable to Fuel Burning Installations). This revision
is considered a SIP relaxation because treaters will now have a less
stringent emissions limit than prior to the revision. Treaters will now
be subject to Chapter 33-15-06-02.2. Concentration of Sulfur Compounds
in Emissions Restricted, which directs the State to establish an
emissions limit if it is determined that industrial process equipment
is causing the ambient air quality standards for SO2 in
Chapter 33-15-02 or the prevention of significant deterioration
increments for SO2 of Chapter 33-15-15 to be exceeded.
In a March 28, 1997 letter from Richard Long, EPA, to Dana Mount,
NDDOH, EPA advised the State that a demonstration was needed to
determine if the National Ambient Air Quality Standards (NAAQS) and
Prevention of Significant Deterioration (PSD) increments would be
protected in light of this relaxation. In letters from the NDDOH dated
April 8, July 30, and September 9, 1997, the State provided EPA with
adequate technical support information to demonstrate that the NAAQS
and PSD increments indeed would be protected. Some of the rationale
follows.
The State's reason for changing the classification of the treater
at oil wells from fuel burning equipment to industrial process
equipment was to gain a beneficial use for sour gas produced at the
well. In order to comply with the previous emissions limit, propane or
sweet natural gas had to be brought into the treater and the sour gas
burned in the flare. This practice did not make sense from an economic,
energy conservation, or practical standpoint. Now, sour gas that was
once burned in the flare can be used as fuel to operate the treater.
Therefore, as a practical matter, there should be no increase in
SO2 emissions since the fuel is just being burned in a
different place.
Given that oil wells contribute only minor SO2 emissions
in the State (approximately 3% of the total, of which 1.8% is
contributed by treaters, and this percentage has been steadily
declining and is expected to further decline in the future), that
ambient air quality
[[Page 45724]]
monitoring has never detected a violation of the SO2 NAAQS
due to an oil production facility (the NDDOH currently operates two
monitoring sites in ``oil country'' and requires industry to operate
four additional sites), and that there are no oil wells that are major
sources for SO2 under the PSD regulations in North Dakota,
the State believes that the change in classification for the treater
will not adversely affect the NAAQS or PSD increments. It will,
however, have the benefit of conserving energy.
Oil well SO2 emissions have been decreasing since the
major development of oil wells in North Dakota is in the southwest
corner of the State where the H2S content is less than that
found in older wells which are going out of production. The NDDOH
provided a 1996 SO2 emissions inventory for the southwest
counties where the most oil and gas well development is occurring. In
addition, a commitment was provided to review the regulations should
emissions of SO2 from oil and gas well development increase
significantly above the current emission rate.
The NDDOH tracks oil wells through a database which is shared with
the State's Oil and Gas Division. From this database, the amount of
SO2 emissions from each production facility is determined.
The NDDOH has provided a commitment to review relevant areas of the
State if SO2 emissions increases are noted from oil and gas
production facilities. The reporting system for the above-mentioned
database will be set up to provide emissions on a county-wide basis and
an annual review of emissions from each county will be conducted to
determine whether any significant increases have taken place.
Regarding SO2 increment consumption, the State estimates
that actual SO2 emissions from oil wells on the minor source
baseline date (i.e., December 19, 1977) were approximately 12,000 tons
per year. In 1997, emissions were less than 6000 tons per year. In
areas where there is a significant amount of SO2 emissions
from oil wells, the State believes the decrease in emissions offsets
most increment consumption.
Based on the information provided by the State in the three letters
mentioned above, EPA agrees with the State's conclusion that the change
to Chapter 33-15-06 is of minor significance and will not endanger the
SO2 NAAQS or PSD increments. Therefore, this revision is
approvable. Please refer to the Technical Support Document (TSD)
accompanying this action for a detailed discussion of the State's
rationale.
3. September 10, 1997 Revisions
The September 10, 1997 submittal included revisions to certain
chapters of the North Dakota Air Pollution Control Rules which will be
handled separately. These revisions involved the minor source
construction permit program (33-15-14) and direct delegation requests
for emissions standards for hazardous air pollutants (33-15-13) and
emission standards for hazardous air pollutants for source categories
(33-15-22), as well as the State's plan for existing municipal solid
waste landfills. The submittal also included a direct delegation
request for standards of performance for new stationary sources (see
below). Finally, the submittal addressed revisions to general
provisions and emissions of particulate matter and organic compounds,
which involve the following chapters of the North Dakota Air Pollution
Control Rules to be addressed in this document: 33-15-01 General
Provisions; 33-15-05 Emissions of Particulate Matter Restricted; and
33-15-07 Control of Organic Compound Emissions.
a. Chapter 33-15-01 General Provisions. Revisions to this chapter
include administrative corrections to 33-15-01-13.2(b) and 33-15-01-
15.2 and the addition of language to the enforcement requirements in
33-15-01-17.3 to clarify that no person may knowingly provide
inaccurate information on required documents or regarding required
monitoring and methods. These revisions are either minor in nature or
consistent with Federal requirements, and therefore, approvable.
This chapter was also revised to update the definition of volatile
organic compounds (``VOCs'') in 33-15-01-04.49 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 September 10, 1997.
However, on April 9, 1998, EPA published a revised definition of
volatile organic compounds (63 FR 17331), which became effective on May
11, 1998. EPA's revised definition excludes numerous compounds from the
definition of VOC on the basis of negligible reactivity, and thus, no
contribution to tropospheric ozone formation. The State's current
definition does not exclude some of these compounds. Therefore, the
State's definition of VOC provides for the regulation of some compounds
which are no longer considered VOCs by EPA. North Dakota is advised of
EPA's most recent VOC definition and future SIP revisions should
reflect it accordingly.
b. Chapter 33-15-05 Emissions of Particulate Matter. Restricted.
The subsection regarding incinerator rules for crematoriums was
modified to reduce the required temperature in the secondary chamber of
a crematorium from 1800 degrees Fahrenheit to 1600 degrees Fahrenheit.
The original requirements for opacity, temperature retention time, and
monitoring were not changed with this revision. EPA believes that these
parameters, along with a 1600 degree Fahrenheit temperature in the
secondary chamber, allow for proper combustion to occur. The 1600
degree Fahrenheit temperature requirement is well above what is needed
for good volatile organic compound emissions control.
Since there is no foreseeable increase in emissions resulting from
this change in temperature requirement for the secondary chamber, EPA
believes this revision is approvable.
c. Chapter 33-15-07 Control of Organic Compounds Emissions. This
revision was simply an administrative correction to a referenced
subsection under ``Scope.'' It is minor in nature and approvable.
4. Delegation of Authority for NSPS
The original delegation of authority for NSPS to North Dakota was
made by EPA on October 13, 1976 (41 FR 44859, 44884). Later, North
Dakota submitted its NSPS regulations for approval by EPA through the
SIP process (58 FR 5294, January 21, 1993). With the September 10, 1997
submittal, the State has indicated that it prefers to once more obtain
authority for implementation and enforcement of the NSPS through the
delegation of authority process pursuant to section 111(c) of the Clean
Air Act, 42 U.S.C. Sec. 7411(c), as amended. Pursuant to that request,
on May 28, 1998, delegation was given with the following letter:
Honorable Edward T. Schafer
Governor of North Dakota, State Capitol, Bismarck, North Dakota
58505-0001
Re: Delegation of Clean Air Act New Source Performance Standards
Dear Governor Schafer: In a September 10, 1997, letter from you
and a September 11, 1997, letter from Francis Schwindt, North Dakota
Department of Health, the State of North Dakota requested delegation
of authority for the Clean Air Act New Source Performance Standards
(NSPS) as in effect on October 1, 1996. The original delegation of
authority for NSPS to North Dakota was made by EPA in 1976. Later,
North Dakota submitted its NSPS regulations for approval by EPA
through the State Implementation Plan (SIP) process. The above-
mentioned letters indicate that the State prefers to once more
obtain authority for implementation
[[Page 45725]]
and enforcement of the NSPS through the delegation of authority
process pursuant to section 111(c) of the Clean Air Act, 42 U.S.C.
Sec. 7411(c), as amended. The State's NSPS regulations, promulgated
in Chapter 33-15-12 of the North Dakota Administrative Code,
incorporate by reference the Federal NSPS in 40 CFR part 60 as in
effect on October 1, 1996, 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
standards, so long as the State's regulations are not less stringent
than the Federal regulations. EPA has reviewed the pertinent
statutes and regulations of the State of North Dakota and has
determined that they provide an adequate and effective procedure for
the implementation and enforcement of the NSPS by the State of North
Dakota. 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
include all NSPS subparts in 40 CFR part 60, as in effect on October
1, 1996 (with the exception of subpart Eb). Note that this
delegation does not include the emission guidelines in subparts Ca,
Cb, Cc, and Cd. 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. To the best of our knowledge, the following
contain the authorities in 40 CFR part 60 that EPA cannot delegate
to the State:
------------------------------------------------------------------------
40 CFR part 60 subpart Section(s)
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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), 60.49b(a)(4).
Dc............................. 60.48c(a)(4).
J.............................. 60.105(a)(13)(iii), 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(e).
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.
WWW............................ 60.754(a)(5).
------------------------------------------------------------------------
(C) 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.
This delegation is based upon and is a continuation of the same
conditions as those stated in EPA's original delegation letter of
August 30, 1976, to the Honorable Arthur A. Link, then Governor of
North Dakota, except that condition 5, relating to Federal
facilities, has been voided by the Clean Air Act Amendments of 1977.
It is also important to note that EPA retains concurrent enforcement
authority as stated in condition 2. In addition, if at any time
there is a conflict between a State and a Federal NSPS regulation,
the Federal regulation must be applied if it is more stringent than
that of the State, as stated in condition 7. A copy of the August
30, 1976 letter was published in the notices section of the Federal
Register on October 13, 1976 (41 FR 44884), along with the
associated rulemaking notifying the public that certain reports and
applications required from operators of new and modified sources
shall be submitted to the State of North Dakota (41 FR 44859).
Copies of the Federal Register notices are enclosed for your
convenience.
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 have accepted all the terms of this delegation. An
information notice will be published in the Federal Register in the
near future informing the public of this delegation, in which this
letter will appear in its entirety.
If you have any questions on this matter, please call me, or
have your staff contact Richard Long, Director of our Air Program,
at 303-312-6005.
Sincerely,
William P. Yellowtail,
Regional Administrator.
Enclosures:
cc: Francis Schwindt, ND Department of Health; Dana Mount, ND
Department of Health
Given that the State now has delegation of authority for NSPS,
the State's NSPS regulations, promulgated in Chapter 33-15-12 of the
North Dakota Administrative Code, are removed from the federally-
approved SIP.
III. Final Action
EPA is approving North Dakota's SIP revisions, as submitted by the
Governor with letters dated January 9, 1996, and September 10, 1997.
The revision in the January 9, 1996 submittal which is being approved
in this document is the revision to North Dakota Air Pollution Control
Rule 33-15-06, Emissions of Sulfur Compounds Restricted. The remainder
of the January 9, 1996 submittal was handled separately. The revisions
of the September 10, 1997 submittal which are being approved in this
document involve the following chapters of the North Dakota Air
Pollution Control Rules: 33-15-01 General Provisions; 33-15-05
Emissions of Particulate Matter Restricted; and 33-15-07 Control of
Organic Compounds Emissions.
In addition, the September 10, 1997 submittal included 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 minor source construction permit program), the
State's 111(d) plan for existing municipal solid waste landfills, and
requests for direct delegation of Chapters 33-15-13, Emission Standards
for Hazardous Air Pollutants, and 33-15-22, Emission Standards for
Hazardous Air Pollutants for Source Categories, which will all be
handled separately.
Finally, as requested by the State with its September 10, 1997
submittal, EPA is providing notice that it granted delegation of
authority to North Dakota on May 28, 1998, to implement and enforce the
NSPS promulgated in 40 CFR Part 60, promulgated as of October 1, 1996
(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. Given that
North Dakota now has delegation of authority for NSPS, EPA is removing
Chapter 33-15-12, Standards of Performance for New Stationary Sources,
from the federally-approved SIP.
[[Page 45726]]
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.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective October 26, 1998
without further notice unless the Agency receives adverse comments by
September 28, 1998.
If EPA receives such comments, then EPA will publish a timely
withdrawal of the direct final rule informing the public that the rule
will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this rule. Any parties
interested in commenting on this rule should do so at this time. If no
such comments are received, the public is advised that this rule will
be effective on October 26, 1998 and no further action will be taken on
the proposed rule.
IV. Administrative Requirements
A. Executive Order 12866 and 13045
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866, entitled ``Regulatory Planning and
Review,'' review.
The final rule is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
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 small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because 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 a substantial number of small entities. Moreover,
due to the nature of the Federal-State relationship under the Clean Air
Act, 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 approves 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 Comptroller General
The Congressional Review Act, 5 U.S.C. section 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 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 House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. section 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 October 26, 1998. 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: August 14, 1998.
Jack McGraw,
Acting Regional Administrator, Region VIII.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
[[Page 45727]]
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ--North Dakota
2. Section 52.1820 is amended by adding paragraph (c)(30) to read
as follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
(30) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with
letters dated January 9, 1996 and September 10, 1997. The revisions
address air pollution control rules regarding general provisions and
emissions of particulate matter, sulfur compounds, and organic
compounds. (i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rule Emissions of Sulfur
Compounds Restricted, 33-15-06-01, effective January 1, 1996.
(B) Revisions to the Air Pollution Control Rules as follows:
General Provisions 33-15-01-04.49, 33-15-01-13.2(b), 33-15-01-15.2, and
33-15-01-17.3; Emissions of Particulate Matter Restricted 33-15-05-
03.3.4; and Control of Organic Compound Emissions 33-15-07-01.1;
effective September 1, 1997.
(ii) Additional material.
(A) An April 8, 1997 letter from Dana Mount, North Dakota
Department of Health, to Richard Long, EPA, to provide technical
support documentation regarding the revisions to Chapter 33-15-06,
Emissions of Sulfur Compounds Restricted.
(B) A July 30, 1997 letter from Dana Mount, North Dakota Department
of Health, to Amy Platt, EPA, to provide technical support
documentation regarding the revisions to Chapter 33-15-06, Emissions of
Sulfur Compounds Restricted.
(C) A September 9, 1997 letter from Dana Mount, North Dakota
Department of Health, to Larry Svoboda, EPA, to provide technical
support documentation regarding the revisions to Chapter 33-15-06,
Emissions of Sulfur Compounds Restricted.
3. A new Sec. 52.1835 is added to read as follows:
Sec. 52.1835 Change to approved plan.
North Dakota Administrative Code Chapter 33-15-12, Standards of
Performance for New Stationary Sources, is removed from the approved
plan. This change is a result of the State's September 10, 1997 request
for delegation of authority to implement and enforce the Clean Air Act
New Source Performance Standards (NSPS) promulgated in 40 CFR Part 60,
as in effect on October 1, 1996 (except subpart Eb, which the State has
not adopted). EPA granted that delegation of authority on May 28, 1998.
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601 as amended
by the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat.
2399 (November 15, 1990; 402, 409, 415 of the Clean Air Act as
amended, 104 Stat. 2399, unless otherwise noted).
Subpart A--General Provisions
2. In Sec. 60.4(c) the table entitled ``Delegation Status of New
Source Performance Standards [(NSPS) for Region VIII]'' is amended by
revising the column heading for ``ND'' and by revising the entry for
``WWW--Municipal Solid Waste Landfills'' to read as follows:
Sec. 60.4 Address.
* * * * *
(c) * * *
Delegation Status of New Source Performance Standards
[(NSPS) for Region VIII]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subpart CO MT\1\ ND SD\1\ UT\1\ WY
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
WWW.............................. Municipal Solid Waste Landfills......
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
(*) Indicates approval of State regulation.
(\1\) Indicates approval of New Source Performance as part of the State Implementation Plan (SIP).
[FR Doc. 98-22899 Filed 8-26-98; 8:45 am]
BILLING CODE 6560-50-P
