61762 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 

language ‘‘apply § 1.904(b)–1 and this’’

in its place.

Cynthia Grigsby, 

Acting Chief, Regulations and Publications 

Branch, Legal Processing Division, Associate 

Chief Counsel, (Procedure and 

Administration).

[FR Doc. 04–23288 Filed 10–20–04; 8:45 am] 

BILLING CODE 4830–01–P

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. 

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, 

Platt.Amy@epa.gov.

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/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 × 106 Btu/

Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 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 

61764 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 

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). 

Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 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, 

61766 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 

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.

■ 40 CFR part 52 is amended to read 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)(33) to read as 

follows:

§ 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.

■ 40 CFR part 60 is amended to read as 

follows:

PART 60—[AMENDED]

■ 1. The authority citation for part 60 

continues to read as follows:

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

Subpart A—General Provisions

■ 2. In § 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:

§ 60.4 Address.

* * * * *

(c) * * *

DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS [(NSPS) FOR REGION VIII] 

Subpart CO MT ND SD UT WY 

* * * * * * * 

AAAA—Small Municipal Waste Combustors ..................................................................................... (*) (*) (*) 

CCCC—Commercial and Industrial Solid Waste Incineration Units .................................................. (*) (*) (*) 

(*) Indicates approval of State regulation. 

* * * * *

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

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[MD160–3113; FRL–7821–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Redesignation of Kent and 

Queen Anne’s Counties Ozone 

Nonattainment Area to Attainment and 

Approval of the Area’s Maintenance 

Plan

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a 

redesignation request and a State 

Implementation Plan (SIP) submitted by 

the State of Maryland. The SIP revision 

establishes a maintenance plan for Kent 

and Queen Anne’s Counties that 

provides requirements for continued 

attainment of the one-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) for the next 10 years. EPA is 

approving the revision to the Maryland 

SIP in accordance with the requirements 

of the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is 

effective on November 22, 2004.

ADDRESSES: Copies of the documents 

relevant to this action are available for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and