[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Rules and Regulations]
[Pages 62395-62399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25289]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 61

[ND-001-0005a & 0007a; FRL-7379-8]


Clean Air Act Approval and Promulgation of Air Quality 
Implementation Plan Revision for North Dakota; Revisions to the Air 
Pollution Control Rules; Delegation of Authority for New Source 
Performance Standards and National Emission Standards for Hazardous Air 
Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and delegation of authority.

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SUMMARY: EPA approves revisions to the State Implementation Plan (SIP) 
submitted by the Governor of North Dakota with a letter dated June 21, 
2001. The revisions affect air pollution control rules regarding 
general provisions, emissions of particulate matter and fugitives, 
exclusions from Title V permit to operate requirements, and prevention 
of significant deterioration. EPA will handle separately direct 
delegation requests for emission standards for hazardous air pollutants 
for source categories and the State's Acid Rain Program.
    In addition, EPA is providing notice that on January 3, 2002, North 
Dakota was delegated authority to implement and enforce certain New 
Source Performance Standards (NSPS), as of August 1, 2000. Finally, 
given that on July 7, 1995 EPA delegated authority to North Dakota to 
implement and enforce the Clean Air Act section 112 requirements, 
including, among other things, the National Emission Standards for 
Hazardous Air Pollutants (NESHAPs), EPA is now removing the State's 
part 61 regulations from the federally-approved SIP.

DATES: This direct final rule is effective on December 6, 2002, without 
further notice, unless EPA receives adverse comment by November 6, 
2002. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Mail written comments to Richard R. Long, Director, Air and 
Radiation Program, Mailcode 8P-AR, Environmental Protection Agency, 
Region VIII, 999 18th Street, Suite 300, Denver, Colorado, 80202-2405. 
Documents relevant to this action can be perused during normal business 
hours at the Air and Radiation Program, Environmental Protection 
Agency, Region VIII, 999 18th Street, Suite 300, Denver, Colorado, 
80202-2405. Copies of the incorporation by reference material are 
available at the Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, Room B-108, 1301 Constitution Avenue, 
(Mail Code 6102T) NW., Washington DC 20460. Copies of the State 
documents relevant to this action are available at the North Dakota 
Department of Health, Division of Environmental Engineering, 1200 
Missouri Avenue, Bismarck, North Dakota, 58504-5264.

FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection 
Agency, Region VIII, (303) 312-6449.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' are used we mean EPA.

I. Background

A. Procedural Background

    The Act requires States to follow certain procedures in developing 
implementation plans and plan revisions for submission to EPA. Sections 
110(a)(2) and 110(l) of the Act provide that each implementation plan a 
State submits must be adopted after reasonable notice and public 
hearing.
    We also must determine whether a submittal is complete and 
therefore warrants further review and action [see section 110(k)(1) of 
the Act and 57 FR 13565]. EPA's completeness criteria for SIP 
submittals can be found in 40 CFR part 51, appendix V. EPA attempts to 
determine completeness within 60 days of receiving a submission. 
However, the law considers a submittal complete if we don't determine 
completeness within six months after we receive it.
    To provide for public comment, the North Dakota Department of 
Health (NDDH), after providing adequate notice, held a public hearing 
on September 28, 2000 to address the revisions to the SIP and Air 
Pollution Control Rules. Following the public hearing, public comment 
period, and legal review by the North Dakota Attorney General's Office, 
the North Dakota State Health Council adopted the rule revisions, which 
became effective on June 1, 2001.
    The Governor of North Dakota submitted the SIP revisions to EPA 
with a letter dated June 21, 2001. We reviewed them to determine 
completeness under the completeness criteria in 40 CFR part 51, 
appendix V. We found the submittal complete and so notified the 
Governor in a letter dated July 26, 2001. That letter also described 
the next steps to be taken in our review.

B. June 21, 2001 Revisions

    As noted above, we will handle separately the revisions in the June 
21, 2001 submittal regarding Chapter 33-15-21 (the State's Acid Rain 
Program) and a direct delegation request for North Dakota Air Pollution 
Control Rules Chapter 33-15-22, regarding emission standards for 
hazardous air pollutants for source categories. The submittal also 
included a direct delegation request for standards of performance for 
new stationary sources (see below). The revisions in the June 21, 2001 
submittal to be addressed in this document pertain to general 
provisions, emissions of particulate matter and fugitives, exclusions 
from Title V permit to operate requirements, and prevention of 
significant deterioration, which involve the following chapters of the 
North Dakota Administrative Code (N.D.A.C.): 33-15-01 General 
Provisions; 33-15-05 Emissions of Particulate Matter Restricted; 33-15-
14 Designated Air Contaminant Sources, Permit to Construct, Minor 
Source Permit to Operate, Title V Permit to Operate

[[Page 62396]]

(subsection specific to exclusions from Title V permit to operate 
requirements only); 33-15-15 Prevention of Significant Deterioration; 
and 33-15-17 Restriction of Fugitive Emissions.
1. Chapter 33-15-01, N.D.A.C., General Provisions
    The definition for ``public nuisance'' was removed from this 
chapter because the State believes it is covered under the definition 
of ``air pollution.'' In addition changes were made to clarify 
reporting requirements when stack testing for air contaminant 
emissions. The requirements are consistent with 40 CFR parts 60, 61, 
63, and 75. Because these revisions are consistent with Federal 
requirements, they are approvable.
2. Chapter 33-15-05, N.D.A.C., Emissions of Particulate Matter 
Restricted
    In Section 33-15-05-04, Methods of Measurement, the State deleted 
the F factors for various fuels and replaced them with a reference to 
40 CFR part 60, Appendix A, Method 19. This revision simply 
incorporated reference information from Federal rules and is 
approvable.
3. Chapter 33-15-14, N.D.A.C., Designated Air Contaminant Sources, 
Permit to Construct, Minor Source Permit to Operate, Title V Permit to 
Operate (New subsection entitled Source Exclusions from Title V Permit 
to Operate Requirements)
    Subsection 33-15-14-07 was added to provide an exemption from the 
Title V permitting requirements for certain gasoline service stations, 
bulk gasoline plants, coating sources, printing, publishing and 
packaging operations, degreasers using volatile organic solvents, and 
hot mix asphalt plants. The sources that qualify for this exemption 
will be required to maintain certain records which demonstrate that 
they are minor sources and in some instances, report to the State.
    This exclusionary rule creates generic potential-to-emit (PTE) 
limits for specific source categories, and thereby clarifies which of 
the sources within the specific categories are minor with respect to 
the Title V operating permit requirements. The rule is only intended to 
exclude certain sources from the requirements of Title V, but not from 
North Dakota's construction or minor source operating permit programs. 
EPA's authority for approval of exclusionary rules, generally, is 
Section 110 of the Clean Air Act, which allows us to approve 
preconstruction permit programs and rules and non-title V operating 
permit programs and rules. Therefore, we are approving this new 
exclusionary subsection, 33-15-14-07, as part of the federally-approved 
SIP.
4. Chapter 33-15-15, N.D.A.C., Prevention of Significant Deterioration
    The definition of ``significant'' was updated to match the Federal 
definition. In addition, a provision was removed that did not allow a 
PSD source to consume more than one-half of the available increment in 
another state unless approved by the North Dakota Health Department 
after consultation with the other state. The removal of this provision 
was made to make the State rules more consistent with Federal 
requirements (40 CFR 51.166 and 40 CFR 52.21 do not include this 
requirement). Although there is no longer a consultation requirement, 
there are still requirements under ND's PSD program for notice to an 
affected state and an affected Federal Land Manager of any source which 
may significantly impact their land. This notification usually takes 
the form of a copy of the public notice, a copy of the related 
analyses, and a copy of the draft permit. The affected parties then 
have the opportunity during the public comment period to provide 
comments to the NDDH. Since the revisions to this chapter are 
consistent with Federal requirements, they are approvable.
5. Chapter 33-15-17, N.D.A.C., Restriction of Fugitive Emissions
    The revisions to this chapter involved deleting a reference to 
nuisances and replacing it with a requirement that a source cannot 
cause air pollution as defined in the general provisions chapter (to be 
consistent with the changes made to Chapter 33-15-01, discussed above). 
These revisions are approvable because the State believes that 
nuisances are covered under its definition of ``air pollution.''

C. Delegation of Authority

1. NSPS
    With the June 21, 2001 submittal, North Dakota requested delegation 
of authority for revisions to the New Source Performance Standards 
(NSPS), promulgated in Chapter 33-15-12, N.D.A.C. On January 3, 2002 
delegation was given with the following letter:

Ref: 8P-AR

Honorable John Hoeven,
Governor of North Dakota, State Capitol, 600 E Boulevard Avenue, 
Bismarck, North Dakota 58505-0001.

Re: Delegation of Clean Air Act New Source Performance Standards

    Dear Governor Hoeven:
    In a June 21, 2001, letter from you and a June 26, 2001, letter 
from Francis Schwindt, North Dakota Department of Health, the State 
of North Dakota requested delegation of authority for revisions to 
the New Source Performance Standards (NSPS), promulgated in Chapter 
33-15-12 of the North Dakota Administrative Code. The State's NSPS 
regulations incorporate by reference the Federal NSPS in 40 CFR Part 
60 as in effect on August 1, 2000, with the exception of subpart Eb, 
which the State has not adopted. In the above-mentioned letters, the 
State requests 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. 7411(c), as amended.
    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 one 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 as in 
effect on August 1, 2000, with the exception of subpart Eb, which 
the State has not adopted.
    (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. For the NSPS categories previously 
delegated to North Dakota, our May 28, 1998 and May 7, 1999, 
delegation letters list those sections which can't be delegated to 
the State. Those letters are enclosed for your use.
    (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 delegated authority.
    This delegation is based upon and is a continuation of the 
conditions 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

[[Page 62397]]

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 objection 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 and 
Radiation Program, at 303-312-6005.
    Sincerely yours,
Jack W. McGraw,
Acting Regional Administrator.

    Enclosures.
    cc: Francis Schwindt, ND Department of Health, Terry O'Clair, ND 
Department of Health.
2. Part 61 NESHAPs
    EPA is providing notice that with the July 7, 1995 interim approval 
of North Dakota's Title V Operating Permit program (see 60 FR 35335), 
it granted delegation of authority to North Dakota to implement and 
enforce Clean Air Act section 112 requirements. This delegation of 
authority includes, among other things, the NESHAPs promulgated in 40 
CFR part 61 (``part 61 NESHAPs''). The State's part 61 NESHAPs 
regulations are contained in Chapter 33-15-13, N.D.A.C.
    With a September 10, 1997 submittal, the State revised Chapter 33-
15-13 to incorporate all Federal part 61 NESHAPs (except 40 CFR part 
61, subparts B, H, K, Q, R, T, and W, pertaining to radionuclides) 
promulgated as of October 1, 1996. However, the State's NESHAPs 
authorities do not include those authorities which cannot be delegated 
to the states, as defined in 40 CFR part 61.
    In addition, EPA cannot act on the State's request for delegation 
of authority for 40 CFR part 61, subpart I (regarding radionuclide 
emissions from facilities licensed by the Nuclear Regulatory Commission 
and other Federal facilities not covered by subpart H) because EPA 
rescinded subpart I (see 61 FR 68972-68981, December 30, 1996) 
subsequent to the State's adoption of these revisions.
    Given that the State has had delegation of authority for part 61 
NESHAPs for many years, EPA is removing ``Emission Standards for 
Hazardous Air Pollutants, Chapter 33-15-13 , N.D.A.C., from the 
federally-approved SIP.

II. Section 110(l)

    Section 110(l) of the Clean Air Act states that a SIP revision 
cannot be approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of the NAAQS or any other applicable requirements of 
the Act. The North Dakota SIP revisions that are the subject of this 
document do not interfere with the maintenance of the NAAQS or any 
other applicable requirements of the Act. The SIP revision amends the 
State's General Provisions and Methods of Measurement and these changes 
are consistent with Federal requirements and rules. The new rules that 
provide for source exclusions from the title V permit to operate 
requirements are consistent with EPA's authority to approve 
exclusionary rules under section 110 of the Clean Air Act and the rules 
do not interfere with the maintenance of the NAAQS or any other 
applicable requirements of the Act because they are consistent with the 
April 14, 1998, EPA guidance from John Seitz, Director of the Office of 
Air Quality Planning and Standards, entitled ``Potential to Emit (PTE) 
Guidance for Specific Source Categories.'' The update to the State's 
PSD rules mirror the Federal rules. Finally, the State's removal of the 
term ``nuisance'' does not interfere with the maintenance of the NAAQS 
or any other applicable requirements of the Act since nuisances can 
still be addressed under the State's definition of ``air pollution.''

III. Final Action

    EPA is approving North Dakota's SIP revision, as submitted by the 
Governor with a letter dated June 21, 2001. The revisions in the June 
21, 2001 submittal which are being approved in this document involve 
the following chapters of the North Dakota Administrative Code: 33-15-
01 General Provisions; 33-15-05 Emissions of Particulate Matter 
Restricted; 33-15-14 Designated Air Contaminant Sources, Permit to 
Construct, Minor Source Permit to Operate, Title V Permit to Operate 
(specifically, subsection 33-15-14-07, Source Exclusions from Title V 
Permit to Operate Requirements); 33-15-15 Prevention of Significant 
Deterioration; and 33-15-17 Restriction of Fugitive Emissions. The June 
21, 2001 submittal also included requests for direct delegation of 
Chapter 33-15-21, Acid Rain Program and Chapter 33-15-22, Emission 
Standards for Hazardous Air Pollutants for Source Categories, which are 
being handled separately.
    In addition, as requested by the State with its June 21, 2001 
submittal, EPA is providing notice that it granted delegation of 
authority to North Dakota on January 3, 2002, to implement and enforce 
the NSPS promulgated in 40 CFR part 60, promulgated as of August 1, 
2001 (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.
    Finally, EPA is providing notice that with the July 7, 1995 interim 
approval of North Dakota's Title V Operating Permit program (see 60 FR 
35335), it granted delegation of authority to North Dakota to implement 
and enforce Clean Air Act section 112 requirements. This delegation of 
authority includes, among other things, the NESHAPs promulgated in 40 
CFR part 61 (``part 61 NESHAPs''). The State's part 61 NESHAPs 
regulations are contained in Chapter 33-15-13 of the North Dakota 
Administrative Code. With a September 10, 1997 submittal, the State 
revised Chapter 33-15-13 to incorporate all Federal part 61 NESHAPs 
(except 40 CFR part 61, subparts B, H, K, Q, R, T, and W, pertaining to 
radionuclides) promulgated as of October 1, 1996. However, the State's 
NESHAPs authorities do not include those authorities which cannot be 
delegated to the states, as defined in 40 CFR part 61. Given that the 
State has had delegation of authority for part 61 NESHAPs for many 
years, EPA is removing Emission Standards for Hazardous Air Pollutants, 
Chapter 33-15-13 of the North Dakota Administrative Code, from the 
federally-approved SIP.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this

[[Page 62398]]

rule approves pre-existing requirements under state law and does not 
impose any additional enforceable duty beyond that required by state 
law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 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 the 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 U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 6, 2002. 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.

40 CFR Part 61

    Environmental protection, Air pollution control, Arsenic, Asbestos, 
Benzene, Beryllium, Hazardous substances, Mercury, Vinyl chloride.

    Dated: September 3, 2002.
Robert E. Roberts,
Regional Administrator, Region VIII.

    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 et seq.

Subpart JJ--North Dakota

    2. Section 52.1820 is amended by adding paragraph (c)(32) to read 
as follows:


Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *
    (32) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with a 
letter dated June 21, 2001. The revisions address air pollution control 
rules regarding general provisions, emissions of particulate matter and 
fugitives, exclusions from Title V permit to operate requirements, and 
prevention of significant deterioration.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: 
General Provisions 33-15-01-04, 33-15-01-12, and 33-15-01-15; Emissions 
of Particulate Matter Restricted 33-15-05-04.1; Designated Air 
Contaminant Sources, Permit to Construct, Minor Source Permit to 
Operate, Title V Permit to Operate 33-15-14-02.13.b.1, 33-15-14-03.1.c, 
and 33-15-14-07; Prevention of Significant Deterioration of Air Quality 
33-15-15-01.1.hh and 33-15-15-01.2; and Restriction of Fugitive 
Emissions 33-15-17-01, effective June 1, 2001.
    (B) Revisions to the Air Pollution Control Rules as follows: 
Emissions of Particulate Matter Restricted 33-15-05-03.1, repealed 
effective July 12, 2000.
    3. A new Sec.  52.1836 is added to read as follows:


Sec.  52.1836  Change to approved plan.

    North Dakota Administrative Code Chapter 33-15-13, National 
Emission Standards for Hazardous Air Pollutants, is removed from the 
approved plan. This change is a result of EPA's July 7, 1995 interim 
approval of North Dakota's Title V Operating Permit program, in which 
it granted delegation of authority to North Dakota to implement and 
enforce Clean Air Act section 112 requirements. That delegation of 
authority includes, among other things, the NESHAPs promulgated in 40 
CFR part 61 (``part 61 NESHAPs''). With a September 10, 1997 submittal, 
the State requested delegation of authority to implement and enforce 
the Clean Air Act part 61 NESHAPSs (except subparts B, H, K, Q, R, T, 
and W, pertaining to radionuclides), as in effect on October 1, 1996. 
EPA did not act on the State's request for delegation of authority for 
40 CFR part 61, subpart I (regarding radionuclide emissions from 
facilities licensed by the Nuclear Regulatory Commission and other 
Federal facilities not covered by subpart H) because EPA rescinded 
subpart I subsequent to the State's adoption of these revisions.

PART 61--[AMENDED]

    1. The authority citation for part 61 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7412, 7414, 7416, and 7601.

[[Page 62399]]

Subpart A--General Provisions

    2. In Sec.  61.04(c), the table entitled ``Region VIII. Delegation 
Status of National Emission Standards for Hazardous Air Pollutants 
1'' is amended by revising the table heading for ``ND'' as 
follows:


Sec.  61.04  Address.

* * * * *
    (c) * * *

         Region VIII.--Delegation Status of National Emission Standards for Hazardous Air Pollutants \1\
----------------------------------------------------------------------------------------------------------------
                          Subpart                              CO     MT \2\     ND     SD \2\   UT \2\     WY
----------------------------------------------------------------------------------------------------------------
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * *
\1\ Authorities which may not be delegated include 40 CFR 61.04(b), 61.12(d)(1), 61.13(h)(1)(ii), 61.112(c),
  61.164(a)(2), 61.164(a)(3), 61.172(b)(2)(ii)(B), 61.172(b)(2)(ii)(C), 61.174 (a)(2), 61.174(a)(3), 61.242-
  1(c)(2), 61.244, and all authorities listed as not delegable in each subpart under Delegation of Authority.
\2\ Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State
  Implementation Plan (SIP) with the exception of the radionuclide NESHAP Subparts B, Q, R, T, W which were
  approved through section 112(l) of the Clean Air Act.

* * * * *
[FR Doc. 02-25289 Filed 10-4-02; 8:45 am]
BILLING CODE 6560-50-P