[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)              
------------------------------------------------------------------------
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]                                                                
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                                                  Subpart                      CO         MT\1\          ND          SD\1\         UT\1\          WY    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
WWW..............................  Municipal Solid Waste Landfills......                                                                                
                                                                                                                                                        
                  *                  *                  *                  *                  *                  *                  *                   
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(*) 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