[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Proposed Rules]
[Pages 40824-40829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15341]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 60

[ND-001-0011; FRL-7782-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and delegation of authority.

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SUMMARY: EPA is proposing to approve revisions to the State 
Implementation Plan submitted by the Governor of North Dakota with a 
letter dated April 11, 2003. The revisions affect portions of air 
pollution control rules regarding general provisions and emissions of 
particulate matter and sulfur compounds. This action is being taken 
under section 110 of the Clean Air Act. EPA is not acting on revisions 
to the shutdown and malfunction provisions, the construction and minor 
source permitting rules or the prevention of significant deterioration 
rules at this time. EPA will handle separately direct delegation 
requests for revisions to emission standards for hazardous air 
pollutants, emission standards for source categories and the State's 
Acid Rain Program.
    In addition, EPA is providing notice that on November 6, 2003, 
North Dakota was delegated authority to implement and enforce certain 
New Source Performance Standards, as of January 31, 2002.

DATES: Comments must be received on or before August 6, 2004.

ADDRESSES: Submit your comments, identified by Docket ID No. ND-001-
0011, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     E-mail: [email protected] and [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 300, Denver, Colorado 80202-2466.
     Hand Delivery: Richard R. Long, Director, Air and 
Radiation Program, Environmental Protection Agency (EPA), Region 8, 
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m. 
to 4:55 p.m., excluding Federal holidays. Special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. ND-001-0011. 
EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov, or 
e-mail. The Federal regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on

[[Page 40825]]

submitting comments, go to Section I. General Information of the 
SUPPLEMENTARY INFORMATION section of this document.''
    Docket: Some information in the docket is not publicly available, 
i.e., CBI or other information whose disclosure is restricted by 
statute. Publicly available docket materials are available in hard copy 
at the Air and Radiation Program, Environmental Protection Agency 
(EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. EPA requests that if at all possible, you contact the individual 
listed in the FOR FURTHER INFORMATION CONTACT section to view the 
docket. You may view the docket Monday through Friday, 8 a.m. to 4 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection 
Agency, Region 8, (303) 312-6449, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Summary of State Implementation Plan Revision
III. Delegation of Authority
IV. Section 110(l)
V. Proposed Action
VI. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The word or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us, or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials NDDH mean or refer to the North Dakota 
Department of Health.
    (iv) The initials SIP mean or refer to the State Implementation 
Plan.
    (v) The word or initials State or ND mean the State of North 
Dakota, unless the context indicates otherwise.

I. General Information

A. What Should I Consider As I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Summary of State Implementation Plan Revision

A. Procedural Background

    The Act requires States to follow certain procedures in developing 
implementation plans and plan revisions for submission to us. 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.
    To provide for public comment, the North Dakota Department of 
Health (NDDH), after providing adequate notice, held a public hearing 
on April 19, 2002 to address the revisions to the State Implementation 
Plan (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 March 1, 2003. 
The Governor of North Dakota submitted the SIP revisions to EPA with a 
letter dated April 11, 2003.

B. April 11, 2003 Revisions

    As noted above, we will handle separately the revisions in the 
April 11, 2003 submittal addressing North Dakota Air Pollution Control 
Rules Section 33-15-01-13, regarding shutdown and malfunction of an 
installation, Chapter 33-15-14, regarding construction and minor source 
permitting, and Chapter 33-15-15, regarding prevention of significant 
deterioration. In addition, we will handle separately the direct 
delegation requests for Chapter 33-15-13, regarding emission standards 
for hazardous air pollutants, Chapter 33-15-21, regarding the State's 
Acid Rain Program, and 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 April 11, 2003 submittal to be addressed in 
this document pertain to portions of the general provisions and the 
restriction of emissions of particulate matter and sulfur compounds, 
which involve sections of 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; and 33-15-06 Emissions of 
Sulfur Compounds Restricted. EPA's review of these revisions has 
resulted in our proposing this approval. We are soliciting public 
comments on the issues discussed in this document or on other relevant 
matters. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to the EPA Regional Office listed in the 
Addresses section of this document.
1. Chapter 33-15-01, N.D.A.C., General Provisions
    Revisions to Section 33-15-01-04, regarding definitions, included 
the addition of a definition for ``pipeline quality natural gas'' and 
an update to the baseline date for incorporating by reference the 
definition of volatile organic compounds to August 1, 2001. In 
addition, Sections 33-15-01-17 and 33-15-01-18, regarding enforcement 
and compliance certifications, were modified to indicate that 
information from compliance assurance monitoring protocols, which are 
in accordance with the requirements of the State's permitting chapter, 
is credible evidence of whether compliance is achieved. Because these 
revisions are consistent

[[Page 40826]]

with Federal requirements, we are proposing that they are approvable.
2. Chapter 33-15-05, N.D.A.C., Emissions of Particulate Matter 
Restricted
    Section 33-15-05-02, regarding emissions from fuel burning 
equipment used for indirect heating, was revised to exempt fuel burning 
equipment that burns gaseous fuels from the emissions limitation 
requirements of the chapter. Burning gaseous fuels results in very low 
particulate matter emissions. Using AP-42 emission factors for natural 
gas and propane, the State calculated emission rates of 0.01 lb/
106 Btu and 0.006 lb/106 Btu, respectively. This 
is contrasted with the allowable emission rate of Chapter 33-15-05 of 
0.6 lb/106 Btu for a boiler rated at 10 x 106 
Btu/hr. The State believes that, under normal operation, no unit 
burning gaseous fuels would ever exceed the limits of this chapter. The 
exempted sources will still be subject to the visible emission 
standards under Chapter 33-15-03, Restriction of Emission of Visible 
Air Contaminants, which allow the NDDH to take action should a 
malfunction occur. Since burning gaseous fuels results in very low 
particulate matter emissions, well below the emissions limitation 
requirements of the chapter, we propose that this revision to Section 
33-15-05-02 is approvable.
    In Subsection 33-15-05-03.3, Other Waste Incinerators, requirements 
for salvage waste incinerators and crematoriums were revised. 
Requirements were added for construction, operational, and 
recordkeeping standards for salvage incinerators. Requirements for 
installation and operation of a temperature recorder for the secondary 
chamber, as well as requirements for charging and operation, were added 
for crematoriums. Although there are no Federal requirements for 
crematoriums, the State believes that these revisions ensure that units 
are operating properly to protect human health and the environment. In 
addition, any new units will still be subject to the Ambient Air 
Quality Standards under Chapter 33-15-02, a visible emissions standard 
under Chapter 33-15-03, and prevention of significant deterioration 
increments under Chapter 33-15-15. Therefore, we propose that these 
revisions are approvable.
    Finally, 33-15-05-04, Methods of Measurement, was revised to allow 
various alternative test methods for determining percent oxygen or 
carbon dioxide, and the reference for fuel factors (F factors) was 
updated. Since these revisions simply incorporated reference 
information from Federal rules, we are proposing that they are 
approvable.
    3. Chapter 33-15-06, N.D.A.C., Emissions of Sulfur Compounds 
Restricted
    Section 33-15-06-01, Restriction of Emissions of Sulfur Dioxide 
(SO2) from Use of Fuel, was revised to provide an exemption 
from the requirements of the chapter for installations that burn 
pipeline quality natural gas or commercial-grade propane. However, 
sources that burn any fuel must still comply with the Ambient Air 
Quality Standards of Chapter 33-15-02 and the prevention of significant 
deterioration increments of Chapter 33-15-15. Since sources that burn 
pipeline quality natural gas or commercial grade propane are expected 
to emit far less SO2 than the emissions limitation 
requirements of the chapter, we propose that this revision is 
approvable.
    In addition, section 33-15-06-03, Methods of Measurement, was 
updated to incorporate by reference the Federal F factors. We propose 
that these revisions are approvable since they are consistent with 
Federal requirements.

III. Delegation of Authority

A. New Source Performance Standards

    With the April 11, 2003 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 November 
6, 2003 delegation was given with the following letter: Ref: 8P-AR

Honorable John Hoeven,
Governor of North Dakota, State Capitol, Bismarck, North Dakota 
58505-0001

    Re: Delegation of Clean Air Act New Source Performance Standards

    Dear Governor Hoeven: In an April 11, 2003, letter from you and 
an April 17, 2003, letter from David Glatt, North Dakota Department 
of Health (NDDH), the State of North Dakota submitted revisions to 
its Air Pollution Control Rules and requested direct delegation to 
implement and enforce the Federal New Source Performance Standards 
(NSPS). Specifically, North Dakota Administrative Code Chapter 33-
15-12, Standards of Performance for New Stationary Sources, was 
revised to update the citation for the incorporated Federal NSPS in 
40 CFR Part 60 as those in effect on January 31, 2002, 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 NSPS, 
so long as the State's regulations are equivalent to the Federal 
regulations. EPA reviewed the pertinent statutes and regulations of 
the State of North Dakota and determined that they provide an 
adequate and effective procedure for the implementation and 
enforcement of the NSPS by the State. 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 are 
all NSPS subparts in 40 CFR Part 60, as in effect on January 31, 
2002, with the exception of subpart Eb, which the State has not 
adopted. Note this delegation does not include the emission 
guidelines in subparts Cb, Cc, Cd, Ce, BBBB, and DDDD. 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. Therefore, of the NSPS of 40 CFR Part 60 
being delegated in this letter, the enclosure lists examples of 
sections in 40 CFR Part 60 that cannot be delegated to the State of 
North Dakota.
    (C) The North Dakota Department of Health (NDDH) and EPA will 
continue a system of communication sufficient to guarantee that each 
office is always fully informed and current regarding compliance 
status of the subject sources and interpretation of the regulations.
    (D) Enforcement of the NSPS in the State will be the primary 
responsibility of the NDDH. If the NDDH determines that such 
enforcement is not feasible and so notifies EPA, or where the NDDH 
acts in a manner inconsistent with the terms of this delegation, EPA 
may exercise its concurrent enforcement authority pursuant to 
section 113 of the Act, as amended, with respect to sources within 
the State of North Dakota subject to NSPS.
    (E) The State of North Dakota will at no time grant a variance 
or waiver from compliance with NSPS regulations. Should the NDDH 
grant such a variance or waiver, EPA will consider the source 
receiving such relief to be in violation of the applicable Federal 
regulation and initiate enforcement action against the source 
pursuant to section 113 of the Act. The granting of such relief by 
the NDDH shall also constitute grounds for revocation of delegation 
by EPA.
    (F) If at anytime there is a conflict between a State regulation 
and a Federal regulation (40 CFR Part 60), the Federal regulation 
must be applied if it is more stringent than that of the State. If 
the State does not have the authority to enforce the more stringent 
Federal regulation, this portion of the delegation may be revoked.
    (G) If the Regional Administrator determines that a State 
procedure for

[[Page 40827]]

enforcing or implementing the NSPS is inadequate, or is not being 
effectively carried out, this delegation may be revoked in whole or 
part. Any such revocation shall be effective as of the date 
specified in a Notice of Revocation to the NDDH.
    (H) Acceptance of this delegation of presently promulgated NSPS 
does not commit the State of North Dakota to accept delegation of 
future standards and requirements. A new request for delegation will 
be required for any standards not included in the State's requests 
of April 11, and 17, 2003.
    (I) Upon approval of the Regional Administrator of EPA Region 8, 
the Director of the NDDH may subdelegate his authority to implement 
and enforce the NSPS to local air pollution control authorities in 
the State when such authorities have demonstrated that they have 
equivalent or more stringent programs in force.
    (J) The State of North Dakota must require reporting of all 
excess emissions from any NSPS source in accordance with 40 CFR 
60.7(c).
    (K) Performance tests shall be scheduled and conducted in 
accordance with the procedures set forth in 40 CFR Part 60 unless 
alternate methods or procedures are approved by the EPA 
Administrator. Although the Administrator retains the exclusive 
right to approve equivalent and alternate test methods as specified 
in 40 CFR 60.8(b)(2) and (3), the State may approve minor changes in 
methodology provided these changes are reported to EPA Region 8. The 
Administrator also retains the right to change the opacity standard 
as specified in 40 CFR 60.11(e).
    (L) Determinations of applicability such as those specified in 
40 CFR 60.5 and 60.6 shall be consistent with those which have 
already been made by the EPA.
    (M) Alternatives to continuous monitoring procedures or 
reporting requirements, as outlined in 40 CFR 60.13(i), may be 
approved by the State with the prior concurrence of the Regional 
Administrator.
    (N) If a source proposes to modify its operation or facility 
which may cause the source to be subject to NSPS requirements, the 
State shall notify EPA Region 8 and obtain a determination on the 
applicability of the NSPS regulations.
    (O) Information shall be made available to the public in 
accordance with 40 CFR 60.9. Any records, reports, or information 
provided to, or otherwise obtained by, the State in accordance with 
the provisions of these regulations shall be made available to the 
designated representatives of EPA upon request.
    (P) All reports required pursuant to the delegated NSPS should 
not be submitted to the EPA Region 8 office, but rather to the NDDH.
    (Q) 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.
    EPA is approving North Dakota's request for NSPS delegation for 
all areas within the State except for the following: lands within 
the exterior boundaries of the Fort Berthold, Fort Totten, Standing 
Rock and Turtle Mountain Indian Reservations; and any other areas 
which are ``Indian Country'' within the meaning of 18 U.S.C. 1151.
    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 accept all the terms of this delegation. EPA will publish 
an information notice in the Federal Register in the near future to 
inform the public of this delegation, in which this letter will 
appear in its entirety.
    If you have any questions on this matter, please contact me or 
have your staff contact Richard Long, Director of our Air and 
Radiation Program, at (303) 312-6005.

 Sincerely yours,

Robert E. Roberts,
Regional Administrator.

Enclosures

cc: David Glatt, NDDH,
 Terry O'Clair, NDDH

Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective 
Through January 31, 2002, to the State of North Dakota

   Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
       40 CFR  subparts                        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) and 60.49b(a)(4).
Dc...........................  60.48c(a)(4).
Ec...........................  60.56c(i), 60.8.
J............................  60.105(a)(13)(iii) and 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(f).
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).
------------------------------------------------------------------------


[[Page 40828]]

B. Error in November 6, 2003, NSPS Delegation of Authority

    Please note that in the November 6, 2003, delegation of authority 
to the State of North Dakota, we made an error. We inadvertently 
omitted one of the authorities in 40 CFR Part 60 which cannot be 
delegated to the State. Specifically, in the enclosure to the 
delegation letter, the table entitled ``Examples of Authorities in 40 
CFR Part 60 Which Cannot Be Delegated'' should have included the 
following entry: 40 CFR Subpart CCCC Section 60.2030(c).
    The omission relates to implementation and enforcement of Subpart 
CCCC, Standards of Performance for Commercial and Industrial Solid 
Waste Incineration Units for Which Construction is Commenced After 
November 30, 1999 or for Which Modification or Reconstruction is 
Commenced On or After June 1, 2001. The State has indicated that they 
are aware of only one source that will be subject to this subpart but 
no permit to operate has been issued yet. Given that we do not 
anticipate any issues related to this authority to arise in the near 
term, we will not amend the enclosure to the delegation letter to the 
Governor of North Dakota until the next time the State updates its NSPS 
regulations. Generally, the State conducts these updates on a one to 
two year cycle. Regardless, the Federal NSPS regulations, including 
those authorities which can and cannot be delegated, always take 
precedence.

IV. 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 National Ambient Air Quality Standards 
(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 attainment or maintenance of the NAAQS or any other 
applicable requirements of the Act. The SIP revisions to portions of 
N.D.A.C. Chapter 33-15-01, regarding the State's general provisions, 
simply added a definition, updated the baseline date for incorporating 
by reference the definition of volatile organic compounds, and added 
and/or clarified several administrative and reporting requirements. 
These changes are consistent with Federal requirements and rules. The 
SIP revisions to N.D.A.C. Chapter 33-15-05, regarding the control of 
particulate matter emissions, address sources that emit far lower 
emissions than the limitations of the chapter (because they burn 
gaseous fuels), provide requirements where there are no existing 
Federal requirements, and simply incorporate reference information from 
Federal rules. Finally, the SIP revisions to N.D.A.C. Chapter 33-15-06, 
regarding the control of sulfur compound emissions, address 
installations that are expected to emit far less SO2 than 
the emissions limitations of the chapter (because they burn pipeline 
quality natural gas or commercial-grade propane) and simply incorporate 
reference information from Federal rules. These revisions do not 
interfere with the attainment or maintenance of the NAAQS or any other 
applicable requirements of the Act.

V. Proposed Action

    EPA is proposing to approve specific rule revisions to the North 
Dakota SIP, as covered in this document and submitted by the Governor 
with a letter dated April 11, 2003. The revisions in the April 11, 2003 
submittal which we are proposing to approve in this document involve 
portions of the following chapters of the North Dakota Administrative 
Code: 33-15-01 General Provisions; 33-15-05 Emissions of Particulate 
Matter Restricted; and 33-15-06 Emissions of Sulfur Compounds 
Restricted. We are not proposing action at this time on revisions to 
the shutdown and malfunction provisions, the construction and minor 
source permitting rules nor the prevention of significant deterioration 
rules. In addition, the requests for direct delegation of Chapter 33-
15-13, Emission Standards for Hazardous Air Pollutants, Chapter 33-15-
21, Acid Rain Program and Chapter 33-15-22, Emission Standards for 
Hazardous Air Pollutants for Source Categories, are being handled 
separately.
    Finally, as requested by the State with its April 11, 2003 
submittal, we are providing notice that we granted delegation of 
authority to North Dakota on November 6, 2003, to implement and enforce 
the NSPS promulgated in 40 CFR part 60, promulgated as of January 31, 
2002 (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.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 rule proposes to approve 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 proposed 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 proposes to approve 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 
proposed 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

[[Page 40829]]

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 proposed 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.).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, 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: June 28, 2004.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. 04-15341 Filed 7-6-04; 8:45 am]
BILLING CODE 6560-50-P