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

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)

------------------------------------------------------------------------

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]

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