[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Rules and Regulations]
[Pages 61762-61766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23585]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 60

[ND-001-0011; FRL-7823-2]


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: Final rule and delegation of authority.

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SUMMARY: EPA is approving certain 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.
    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.

EFFECTIVE DATE: This final rule is effective November 22, 2004.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. ND-001-0011. Some information in the docket is not publicly 
available, i.e., Confidential Business Information (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. Copies of the Incorporation by Reference material are also 
available at the Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, Room B-108 (Mail Code 6102T), 1301 
Constitution Ave., NW., Washington, DC 20460.

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

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary of State Implementation Plan Revision
II. Delegation of Authority
III. Section 110(l)
IV. Final Action
V. 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. Summary of State Implementation Plan Revision

    On July 7, 2004, EPA published a notice of proposed rulemaking for 
the State of North Dakota (see 69 FR 40824). In that proposed 
rulemaking, we proposed approval of portions of the SIP revision 
submitted by the Governor of North Dakota on April 11, 2003. The 
portions of the SIP revision that we proposed approval of affect North 
Dakota Air Pollution Control Rules regarding general provisions and 
emissions of particulate matter and sulfur compounds. No comments were 
received on our July 7, 2004, notice of proposed rulemaking.
    As we discussed in our July 7, 2004, notice of proposed rulemaking, 
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. For a discussion of how the State met the 
necessary procedural requirements in the development of these 
revisions, please refer to our July 7, 2004 notice of proposed 
rulemaking (69 FR 40824).

A. 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 with Federal requirements, they are 
approvable.

B. 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/10\6\ 
Btu and 0.006 lb/10\6\ Btu, respectively. This is contrasted with the 
allowable emission rate of Chapter 33-15-05 of 0.6 lb/10\6\ Btu for a 
boiler rated at 10 x 10\6\ Btu/

[[Page 61763]]

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, 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, 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, they are approvable.

C. 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, this revision is approvable. In addition, 
section 33-15-06-03, Methods of Measurement, was updated to incorporate 
by reference the Federal F factors. These revisions are approvable 
since they are consistent with Federal requirements.

II. 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 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

[[Page 61764]]

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).
------------------------------------------------------------------------

    Note that as a result of this latest NSPS delegation of authority 
to North Dakota, we are now revising the table entitled ``Delegation 
Status of New Source Performance Standards [(NSPS) for Region VIII'' 
that is located in 40 CFR 60.4 to update the State's delegation status. 
In addition, since all the Region VIII states are delegated authority 
to implement and enforce the Federal NSPS (as opposed to having SIP 
approved programs), we are also revising the table to delete an old 
footnote that denoted SIP approved programs.

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).

[[Page 61765]]

Regardless, the Federal NSPS regulations, including those authorities 
which can and cannot be delegated, always take precedence. For a more 
detailed discussion, please refer to our July 7, 2004, notice of 
proposed rulemaking at 69 FR 40828.

III. 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.

IV. Final Action

    EPA is approving certain rule revisions to the North Dakota SIP, as 
discussed 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 approving 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 acting 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.

V. Statutory and Executive Order Reviews

    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 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 20,

[[Page 61766]]

2004. 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: September 22, 2004.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.

0
40 CFR part 52 is amended to read as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart JJ--North Dakota

0
2. Section 52.1820 is amended by adding paragraph (c)(33) to read as 
follows:


Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *
    (33) Certain revisions to the North Dakota State Implementation 
Plan and Air Pollution Control Rules as submitted by the Governor with 
a letter dated April 11, 2003. The revisions affect portions of North 
Dakota Administrative Code (N.D.A.C.) regarding general provisions and 
emissions of particulate matter and sulfur compounds.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Air Pollution Control Rules as 
follows:
    (1) Chapter 33-15-01, N.D.A.C., General Provisions, sections 33-15-
01-04, 33-15-01-17, and 33-15-01-18, effective March 1, 2003.
    (2) Chapter 33-15-05, N.D.A.C., Emissions of Particulate Matter 
Restricted, sections 33-15-05-02 and 33-15-05-04 and subsection 33-15-
05-03.3, effective March 1, 2003.
    (3) Chapter 33-15-06, N.D.A.C., Emissions of Sulfur Compounds 
Restricted, sections 33-15-06-01 and 33-15-06-03, effective March 1, 
2003.

0
40 CFR part 60 is amended to read as follows:

PART 60--[AMENDED]

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1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart A--General Provisions

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2. In Sec.  60.4, amend the table in paragraph (c) by revising the 
entries for subparts ``AAAA'' and ``CCCC'' and by removing footnote 1 
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           ND           SD           UT          WY
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                                                  * * * * * * *
AAAA--Small Municipal Waste          ...........  (*)          (*)          ...........  ...........  (*)
 Combustors.
CCCC--Commercial and Industrial      ...........  (*)          (*)          ...........  ...........  (*)
 Solid Waste Incineration Units.
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(*) Indicates approval of State regulation.

* * * * *
[FR Doc. 04-23585 Filed 10-20-04; 8:45 am]
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