[Federal Register Volume 61, Number 196 (Tuesday, October 8, 1996)]
[Rules and Regulations]
[Pages 52865-52870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25469]



  Federal Register / Vol. 61, No. 196 / Tuesday, October 8, 1996 / 
Rules and Regulations  

[[Page 52865]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 60

[ND7-1-6882a; FRL-5618-8]


Clean Air Act Approval and Promulgation of State Implementation 
Plan for North Dakota; Revisions to the Air Pollution Control Rules; 
Delegation of Authority for Colorado Standards of Performance for New 
Stationary Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and delegation of authority.

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

SUMMARY: EPA approves the State implementation plan (SIP) revisions 
submitted by the State of North Dakota with a letter dated December 21, 
1994. The submittal addressed revisions to SIP Chapter 2, regarding 
delegatable authorities and asbestos law revisions, and revisions to 
air pollution control rules, regarding general provisions; ambient air 
quality standards; new source performance standards (NSPS); and 
national emission standards for hazardous air pollutants (NESHAPs). The 
submittal also addressed the following issues which were reviewed 
separately: Revisions to the Title V permit to operate program; 
revisions to the Acid Rain program; and emission standards for 
hazardous air pollutants for source categories (MACT standards).
    In addition, EPA is providing notice that it granted delegation of 
authority to Colorado on February 15, 1996 to implement and enforce 
several NSPS adopted by the State.
DATES: This final rule is effective on December 9, 1996 unless comments 
are received in writing on or before November 7, 1996. If the effective 
date is delayed, timely notice will be published in the Federal 
Register. The Delegation of Authority for the State of Colorado became 
effective on February 15, 1996.

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. Analysis of North Dakota's Submission

    The State submitted various revisions to its air pollution control 
rules with a letter to EPA dated December 21, 1994. These revisions 
were necessary to make the rules consistent with Federal requirements.

A. 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 May 24, and May 25, 
1994 to address the respective revisions to the SIP and Air Pollution 
Control Rules. Following the public hearings, the North Dakota State 
Health Council adopted the respective rule revisions.
    The Governor of North Dakota submitted revisions to the SIP with a 
letter dated December 21, 1994. 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 submittal was found to be 
complete and a letter dated February 13, 1995 was forwarded to the 
Governor indicating the completeness of the submittal and the next 
steps to be taken in the review process.

B. December 21, 1994 Revisions

    The December 21, 1994 submittal addressed revisions to Chapter 2 of 
the SIP, regarding delegatable authorities and asbestos law revisions, 
and the following chapters of the North Dakota Air Pollution Control 
Rules: 33-15-01 General Provisions; 33-15-02 Ambient Air Quality 
Standards; 33-15-12 Standards of Performance for New Stationary 
Sources; and 33-15-13 Emission Standards for Hazardous Air Pollutants.
    The December 21, 1994 submittal also addressed North Dakota Air 
Pollution Control Rules involving the Title V permit to operate 
program, the Acid Rain program, and emission standards for hazardous 
air pollutants for source categories (MACT standards). However, in a 
February 2, 1995 letter from Dana Mount, North Dakota Division of 
Environmental Engineering, to Douglas Skie, EPA, the State indicated 
that these programs were not intended to be reviewed through the SIP 
process. Accordingly, EPA reviewed these revisions separately from the 
rule revisions being considered in this document.
1. Asbestos Law Revisions
    The 1993 North Dakota State Legislature made several revisions to 
the North Dakota Century Code provisions pertaining to asbestos 
regulation. These revisions were made to update the law to be 
consistent with the Federal Clean Air Act. Clarifications were made to 
the definition of ``asbestos worker'' and to the asbestos worker 
licensing and certification requirements. In addition, a new subsection 
was added to address requirements that the Department provide any 
procedural rules necessary to develop, implement, and enforce air 
pollution control programs, the authority and responsibility for which 
have been delegated to the State by EPA. These revisions are consistent 
with Federal requirements and, therefore, are approvable.
2. North Dakota Air Pollution Control Rules, Chapter 33-15-01 General 
Provisions
    Revisions were made to section 33-15-01-17, Enforcement, and a new 
section 33-15-01-18, Compliance Certifications, was added. The change 
to section 33-15-01-17 allows the North Dakota State Department of 
Health and Consolidated Laboratories (``the Department'') to use 
monitoring data as credible evidence that noncompliance of a source 
exits. Section 33-15-01-18 allows the source to use monitoring data to 
certify that the source is in compliance with the applicable emission 
limits. These revisions are consistent with Federal requirements and, 
therefore, are approvable.

[[Page 52866]]

    These revisions also address EPA's nationwide SIP call regarding 
the new enhanced monitoring and compliance certification requirements 
of the amended Act. On October 22, 1993, EPA announced in the Federal 
Register that SIP calls pursuant to section 110(k)(5) of the Act would 
be issued in order to implement the enhanced monitoring requirements of 
section 114(a)(3) of the Act and the periodic monitoring requirements 
for operating permits under sections 502(b)(2) and 504 of the Act (see 
58 FR 54677). This SIP call was required because existing SIPs could 
have been interpreted to limit the types of testing or monitoring data 
to be used for determining compliance and establishing violations.
    EPA believes that the State has adequately satisfied the 
requirements of the SIP call. The revision to section 33-15-01-17 
provides that information from monitoring methods approved in a 
federally enforceable operating permit or in the SIP, as well as from 
any other federally enforceable monitoring and testing methods 
(including those in 40 CFR Parts 50, 51, 60, 61, and 75), may be used 
by the State as credible evidence to determine compliance. By allowing 
compliance certifications to be made with approved enhanced monitoring 
protocols or other approved monitoring methods, the new section 33-15-
01-18 has the practical effect of making the SIP more flexible and 
inclusive since it does not preclude the use of enhanced monitoring. 
Therefore, EPA is approving these revisions to Chapter 33-15-01 
regarding enhanced monitoring and compliance certifications.
3. Chapter 33-15-02 Ambient Air Quality Standards
    Revisions to this chapter consist of deleting the one-hour ambient 
air quality standard for nitrogen dioxide. The State received a request 
for this revision from the North Dakota Lignite Council. The State 
indicated that the standard was originally written in terms that 
allowed exceedances one percent of the time in any three-month period, 
which proved to be a very cumbersome standard to track and required 
extensive time by staff to perform dispersion modelling to ensure 
compliance. The State opted to delete the one-hour standard and retain 
the Federal annual standard of 100 g/m3, in response to 
the need to develop a more manageable standard, the request by industry 
that the one-hour standard be deleted, and EPA's 1993 findings that no 
changes in the Federal standard were contemplated. This revision is 
consistent with Federal requirements and, therefore, is approvable.
4. Chapter 33-15-12, Standards of Performance for New Stationary 
Sources; Chapter 33-15-13, Emission Standards for Hazardous Air 
Pollutants
    The revisions to Chapters 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, 1994, with the exception of 40 
CFR part 61, subparts B, H, I, K, Q, R, T, and W (i.e., radionuclides). 
The revisions to Chapter 33-15-12 include the addition, by reference, 
of Subpart RRR--Standards of Performance for Volatile Organic Compound 
Emissions by Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
Reactor Processes. EPA reviewed the State's revised NSPS and NESHAPs 
regulations and determined that they are consistent with the Federal 
regulations and, therefore, are approvable.

II. Notice of Delegation of Authority to Colorado

    On November 17, 1995, the State of Colorado submitted revisions to 
its NSPS regulations in Part A of Colorado Regulation No. 6. The 
submittal included the addition of the Federal NSPS in 40 CFR part 60, 
subparts Dc, Ea, Kb, AAa, BBB, DDD, NNN, QQQ, RRR, SSS, TTT, UUU, and 
VVV. Pursuant to such submittal, on February 15, 1996, delegation was 
given with the following letter:
Honorable Roy Romer, Governor of Colorado, 136 State Capitol, 
Denver, Colorado 80203-1792.

Dear Governor Romer: On November 17, 1995, you requested delegation 
of authority for revisions to the New Source Performance Standards 
(NSPS) in Part A of Colorado's Regulation No. 6. These revisions 
brought the State's NSPS up to date with the Federal NSPS in effect 
as of October 11, 1994, with the exception of Subparts AAA (new 
residential wood heaters) and III (volatile organic compound 
emissions from the synthetic organic chemical manufacturing industry 
air oxidation unit processes) which the State has not adopted.
    Subsequent to states adopting NSPS regulations, the EPA 
delegates the authority for the implementation and enforcement of 
those NSPS, so long as the State's regulations are equivalent to the 
Federal regulations. EPA, therefore, is acting on the delegation of 
authority to Colorado for implementation and enforcement of thirteen 
NSPS.
    EPA has reviewed the pertinent statutes and regulations of the 
State of Colorado and has determined that they provide an adequate 
and effective procedure for the implementation and enforcement of 
the NSPS, including the source applicability dates, by the State of 
Colorado. 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 Colorado as follows:
    (A) Responsibility for all sources located, or to be located, in 
the State of Colorado subject to the standards of performance for 
new stationary sources promulgated in 40 CFR Part 60. The categories 
of new stationary sources covered by this delegation are as follows: 
small industrial-commercial-institutional steam generating units 
(Subpart Dc), municipal waste combustors (Subpart Ea), volatile 
organic liquid storage vessels (including petroleum liquid storage 
vessels) for which construction, reconstruction, or modification 
commenced after July 23, 1984 (Subpart Kb), steel plants: electric 
arc furnaces and argon-oxygen decarburization vessels constructed 
after August 7, 1983 (Subpart AAa), rubber tire manufacturing 
industry (Subpart BBB), volatile organic compound emissions from the 
polymer manufacturing industry (Subpart DDD), volatile organic 
compound emissions from synthetic organic chemical manufacturing 
industry distillation operations (Subpart NNN), volatile organic 
compound emissions from petroleum refinery wastewater systems 
(Subpart QQQ), volatile organic compound emissions from synthetic 
organic chemical manufacturing industry reactor processes (Subpart 
RRR), magnetic tape coating facilities (Subpart SSS), industrial 
surface coating: surface coating of plastic parts for business 
machines (Subpart TTT), calciners and dryers in mineral industries 
(Subpart UUU), and polymeric coating of supporting substrates 
facilities (Subpart VVV).
    (B) Not all authorities of NSPS can be delegated to states under 
Section 111(c) of the Act, as amended. The EPA Administrator retains 
authority to implement those sections of the NSPS that require: (1) 
approving equivalency determinations and alternative test methods, 
(2) decision making to ensure national consistency, and (3) EPA 
rulemaking to implement. Therefore, of the NSPS of 40 CFR Part 60 
being delegated in this letter, the following sections are not 
delegated to the State of Colorado:
    (i) 40 CFR 60.48c(a)(4), pertaining to small industrial-
commercial-institutional steam generating units (Subpart Dc);
    (ii) 40 CFR 60.111b(f)(4), 60.114b, 60.116b(e)(3)(iii), 
60.116b(e)(3)(iv), and 60.116b(f)(2)(iii), pertaining to volatile 
organic liquid storage vessels (including petroleum liquid storage 
vessels) for which construction, reconstruction, or modification 
commenced after July 23, 1984, (Subpart Kb);
    (iii) 40 CFR 60.543(c)(2)(ii)(B), pertaining to the rubber tire 
manufacturing industry (Subpart BBB);
    (iv) 40 CFR 60.562-2(c), pertaining to volatile organic compound 
emissions from the polymer manufacturing industry (Subpart DDD);
    (v) 40 CFR 60.663(e), pertaining to volatile organic compound 
emissions from synthetic organic chemical manufacturing industry 
distillation operations (Subpart NNN);
    (vi) 40 CFR 60.694, pertaining to volatile organic compound 
emissions from petroleum refinery wastewater systems (Subpart QQQ);
    (vii) 40 CFR 60.703(e), pertaining to volatile organic compound 
emissions from

[[Page 52867]]

synthetic organic chemical manufacturing industry reactor processes 
(Subpart RRR);
    (viii) 40 CFR 60.711(a)(16), 60.713(b)(1)(i), 60.713(b)(1)(ii), 
60.713(b)(5)(i), 60.713(d), 60.715(a), and 60.716, pertaining to 
magnetic tape coating facilities (Subpart SSS);
    (ix) 40 CFR 60.723(b)(1), 60.723(b)(2)(i)(C), 60.723(b)(2)(iv), 
60.724(e), and 60.725(b), pertaining to industrial surface coating 
of plastic parts for business machines (Subpart TTT); and
    (x) 40 CFR 60.743(a)(3)(v) (A) and (B), 60.743(e), 60.745(a), 
and 60.746, pertaining to polymeric coating of supporting substrates 
facilities (Subpart VVV).
    (C) As 40 CFR Part 60 is updated, Colorado should revise its 
regulations accordingly and in a timely manner.
    This delegation is based upon and is a continuation of the same 
conditions as those stated in EPA's original delegation letter of 
August 27, 1975, except that condition 3, 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 Federal NSPS regulation, the 
Federal regulation must be applied if it is more stringent than that 
of the State, as stated in condition 10. A copy of this letter was 
published in the notices section of the Federal Register on October 
31, 1975 (40 FR 50748), along with an associated rulemaking 
notifying the public that certain reports and applications required 
from operators of new or modified sources shall be submitted to the 
State of Colorado (40 FR 50718). Copies of the Federal Register 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 Colorado 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 312-6005.
      Sincerely,
Patricia Hull,
Acting Regional Administrator.

III. Final Action

    EPA is approving North Dakota's SIP revision, as submitted by the 
Governor with a letter December 21, 1994. This submittal addressed 
revisions to SIP Chapter 2, regarding Delegatable Authorities and 
Asbestos Law Revisions, and revisions to the following North Dakota Air 
Pollution Control Rules: 33-15-01 General Provisions; 33-15-02 Ambient 
Air Quality Standards; 33-15-12 Standards of Performance for New 
Stationary Sources; and 33-15-13 Emission Standards for Hazardous Air 
Pollutants. 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, I, K, Q, R, T, and W, pertaining to 
radionuclides) promulgated as of May 1, 1994. However, the State's NSPS 
and NESHAP authorities do not include those authorities which cannot be 
delegated to the states, as defined in 40 CFR parts 60 and 61. The 
update of the 40 CFR part 60 table of NSPS delegations reflects these 
December 1994 North Dakota revisions as well as North Dakota revisions 
to the NSPS delegations that were approved in the Federal Register on 
August 21, 1995 (60 FR 43396) and South Dakota revisions to the NSPS 
delegations that were approved in the Federal Register on September 6, 
1995 (60 FR 46225).
    The December 21, 1994 submittal also included revisions to chapters 
33-15-14, 33-15-21, 33-15-22, regarding the Title V permit to operate 
program, Acid Rain program, and MACT standards. These issues were 
reviewed separately from this document.
    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 December 9, 1996 unless, by November 7, 1996, 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 December 9, 1996.
    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.

IV. 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 Act, preparation of a regulatory 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

[[Page 52868]]

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 
not 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. section 801(a)(1)(A) as added by the Small Business 
Regulatory 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. 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 December 9, 1996. 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, Nitrogen dioxide, and Reporting and recordkeeping 
requirements.

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, and Zinc.

    Dated: September 13, 1996.
Patricia D. Hull,
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)(28) to read 
as follows:


Sec. 52.1820  Identification of plan.

* * * * *
    (c) * * *
    (28) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with a 
letter dated December 21, 1994. The submittal addressed revisions to 
SIP Chapter 2, regarding delegatable authorities and asbestos law 
revisions, and to air pollution control rules regarding general 
provisions; ambient air quality standards; new source performance 
standards (NSPS); and national emission standards for hazardous air 
pollutants (NESHAPs).
    (i) Incorporation by reference.
    (A) Revisions to the following sections of the North Dakota Century 
Code: 23-25-01; 23-25-03; and 23-25-03.1, effective August 1, 1993.
    (B) Revisions to the Air Pollution Control Rules as follows: 
General Provisions 33-15-01-17 and 33-15-01-18; Ambient Air Quality 
Standards 33-15-02-05 and 33-15-02 Table 1; Standards of Performance 
for New Stationary Sources 33-15-12; and Emission Standards for 
Hazardous Air Pollutants 33-15-13, effective December 1, 1994.

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. Section 60.4(c) is amended by revising the table 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\1\      SD\1\      UT\1\        WY   
----------------------------------------------------------------------------------------------------------------
A--General Provisions.........................        (*)        (*)        (*)        (*)        (*)        (*)
D--Fossil Fuel Fired Steam Generators.........        (*)        (*)        (*)        (*)        (*)        (*)
Da--Electric Utility Steam Generators.........        (*)        (*)        (*)        (*)        (*)        (*)
Db--Industrial-Commercial--Institutional Steam                                                                  
 Generators...................................        (*)        (*)        (*)        (*)        (*)        (*)
Dc--Industrial-Commercial--Institutional Steam                                                                  
 Generators...................................        (*)        (*)        (*)        (*)        (*)        (*)
E--Incinerators...............................        (*)        (*)        (*)        (*)        (*)        (*)
Ea--Municipal Waste Combustors................        (*)        (*)        (*)        (*)        (*)        (*)
F--Portland Cement Plants.....................        (*)        (*)        (*)        (*)        (*)        (*)
G--Nitric Acid Plants.........................        (*)        (*)        (*)        (*)        (*)           
H--Sulfuric Acid Plants.......................        (*)        (*)        (*)        (*)        (*)           
I--Asphalt Concrete Plants....................        (*)        (*)        (*)        (*)        (*)        (*)
J--Petroleum Refineries.......................        (*)        (*)        (*)        (*)        (*)           

[[Page 52869]]

                                                                                                                
K--Petroleum Storage Vessels (after 6/11/73 &                                                                   
 prior to  5/19/78)...........................        (*)        (*)        (*)        (*)        (*)        (*)
Ka--Petroleum Storage Vessels (after 5/18/78 &                                                                  
 prior to  7/23/84)...........................        (*)        (*)        (*)        (*)        (*)        (*)
Kb--Petroleum Storage Vessels (after 7/23/84).        (*)        (*)        (*)        (*)        (*)        (*)
L--Secondary Lead Smelters....................        (*)        (*)        (*)        (*)        (*)           
M--Secondary Brass & Bronze Production Plants.        (*)        (*)        (*)        (*)        (*)        (*)
N--Primary Emissions from Basic Oxygen Process                                                                  
 Furnaces (after 6/11/73).....................        (*)        (*)        (*)                   (*)        (*)
Na--Secondary Emissions from Basic Oxygen                                                                       
 Process Furnaces (after 1/20/83).............        (*)        (*)        (*)                   (*)        (*)
O--Sewage Treatment Plants....................        (*)        (*)        (*)        (*)        (*)        (*)
P--Primary Copper Smelters....................        (*)        (*)        (*)                   (*)        (*)
Q--Primary Zinc Smelters......................        (*)        (*)        (*)                   (*)        (*)
R--Primary Lead Smelters......................        (*)        (*)        (*)                   (*)        (*)
S--Primary Aluminum Reduction Plants..........        (*)        (*)        (*)                   (*)        (*)
T--Phosphate Fertilizer Industry: Wet Process                                                                   
 Phosphoric Plants............................        (*)        (*)        (*)                   (*)        (*)
U--Phosphate Fertilizer Industry:                                                                               
 Superphosphoric Acid Plants..................        (*)        (*)        (*)                   (*)        (*)
V--Phosphate Fertilizer Industry: Diammonium                                                                    
 Phosphate Plants.............................        (*)        (*)        (*)                   (*)        (*)
W--Phosphate Fertilizer Industry: Triple                                                                        
 Superphosphate Plants........................        (*)        (*)        (*)                   (*)        (*)
X--Phosphate Fertilizer Industry: Granular                                                                      
 Triple Superphosphate Storage Facilities.....        (*)        (*)        (*)                   (*)        (*)
Y--Coal Preparation Plants....................        (*)        (*)        (*)        (*)        (*)        (*)
Z--Ferroalloy Production Facilities...........        (*)        (*)        (*)                   (*)        (*)
AA--Steel Plants: Electric Arc Furnaces (10/21/                                                                 
 74-8/17/83)..................................        (*)        (*)        (*)                   (*)        (*)
AAa--Steel Plants: Electric Arc Furnaces and                                                                    
 Argon-Oxygen Decarburization Vessels (after 8/                                                                 
 7/83)........................................        (*)        (*)        (*)                   (*)        (*)
BB--Kraft Pulp Mills..........................        (*)        (*)        (*)                   (*)        (*)
CC--Glass Manufacturing Plants................        (*)        (*)        (*)                   (*)        (*)
DD--Grain Elevator............................        (*)        (*)        (*)        (*)        (*)        (*)
EE--Surface Coating of Metal Furniture........        (*)        (*)        (*)                   (*)        (*)
GG--Stationary Gas Turbines...................        (*)        (*)        (*)        (*)        (*)        (*)
HH--Lime Manufacturing Plants.................        (*)        (*)        (*)        (*)        (*)        (*)
KK--Lead-Acid Battery Manufacturing Plants....        (*)        (*)        (*)                   (*)        (*)
LL--Metallic Mineral Processing Plants........        (*)        (*)        (*)        (*)        (*)        (*)
MM--Automobile & Light Duty Truck Surface                                                                       
 Coating Operations...........................        (*)        (*)        (*)                   (*)        (*)
NN--Phosphate Rock Plants.....................        (*)        (*)        (*)                   (*)        (*)
PP--Ammonium Sulfate Manufacturing............        (*)        (*)        (*)                   (*)        (*)
QQ--Graphic Arts Industry: Publication                                                                          
 Rotogravure Printing.........................        (*)        (*)        (*)        (*)        (*)        (*)
RR--Pressure Sensitive Tape & Label Surface                                                                     
 Coating......................................        (*)        (*)        (*)        (*)        (*)        (*)
SS--Industrial Surface Coating: Large                                                                           
 Applications.................................        (*)        (*)        (*)                   (*)        (*)
TT--Metal Coil Surface Coating................        (*)        (*)        (*)                   (*)        (*)
UU--Asphalt Processing & Asphalt Roofing                                                                        
 Manufacture..................................        (*)        (*)        (*)                   (*)        (*)
VV--Synthetic Organic Chemicals Manufacturing:                                                                  
 Equipment Leaks of VOC.......................        (*)        (*)        (*)        (*)        (*)        (*)
WW--Beverage Can Surface Coating Industry.....        (*)        (*)       (*)   .........        (*)        (*)
XX--Bulk Gasoline Terminals...................        (*)        (*)        (*)        (*)        (*)        (*)
AAA--Residential Wood Heaters                         (*)        (*)        (*)        (*)        (*)        (*)
BBB--Rubber Tires.............................        (*)        (*)       (*)   .........        (*)        (*)
DDD--VOC Emissions from Polymer Manufacturing                                                                   
 Industry.....................................        (*)        (*)       (*)   .........        (*)        (*)
FFF--Flexible Vinyl & Urethane Coating &                                                                        
 Printing.....................................        (*)        (*)       (*)   .........        (*)        (*)
GGG--Equipment Leaks of VOC in Petroleum                                                                        
 Refineries...................................        (*)        (*)       (*)   .........        (*)        (*)
HHH--Synthetic Fiber Production...............        (*)        (*)       (*)   .........        (*)        (*)
III--VOC Emissions from the Synthetic Organic                                                                   
 Chemical Manufacturing Industry Air Oxidation                                                                  
 Unit Processes...............................                   (*)        (*)                   (*)        (*)
JJJ--Petroleum Dry Cleaners...................        (*)        (*)        (*)        (*)        (*)        (*)
KKK--Equipment Leaks of VOC from Onshore                                                                        
 Natural Gas Processing Plants................        (*)        (*)        (*)                   (*)        (*)
LLL--Onshore Natural Gas Processing: SO2                                                                        
 Emissions....................................        (*)        (*)        (*)                   (*)        (*)
NNN--VOC Emissions from the Synthetic Organic                                                                   
 Chemical Manufacturing Industry Distillation                                                                   
 Operations...................................        (*)        (*)        (*)        (*)        (*)        (*)
OOO--Nonmetallic Mineral Processing Plants....        (*)        (*)        (*)        (*)        (*)        (*)
PPP--Wool Fiberglass Insulation Manufacturing                                                                   
 Plants.......................................        (*)        (*)        (*)                   (*)        (*)
QQQ--VOC Emissions from Petroleum Refinery                                                                      
 Wastewater Systems...........................        (*)        (*)        (*)                   (*)        (*)
RRR--VOC Emissions from Synthetic Organic                                                                       
 Chemical Manufacturing Industry (SOCMI)                                                                        
 Reactor Processes............................        (*)                   (*)                   (*)           
SSS--Magnetic Tape Industry...................        (*)        (*)        (*)        (*)        (*)        (*)
TTT--Plastic Parts for Business Machine                                                                         
 Coatings.....................................        (*)        (*)        (*)                   (*)        (*)
UUU--Calciners and Dryers in Mineral                                                                            
 Industries...................................        (*)                   (*)                   (*)           

[[Page 52870]]

                                                                                                                
VVV--Polymeric Coating of Supporting                                                                            
 Substrates...................................        (*)        (*)        (*)                   (*)        (*)
----------------------------------------------------------------------------------------------------------------
(*) Indicates approval of state regulation.                                                                     
\1\ Indicates approval of New Source Performance Standards as part of the State Implementation Plan (SIP).      

[FR Doc. 96-25469 Filed 10-7-96; 8:45 am]
BILLING CODE 6560-50-P