Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Environmental Protection Agency 40 CFR Part 52
[R08-ND-2008-0001; FRL-8892-7]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Final rule; Notice of administrative change.
 SUMMARY: EPA is updating the materials submitted by North Dakota that are incorporated by reference (IBR) into the State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the Governor of North Dakota and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the Regional Office.
 DATES: *Effective Date:*
                         This action is effective April 21, 2009.
 ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection Monday through Friday, 8 a.m. to 4 p.m., excluding federal holidays, at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. EPA requests that, if at all possible, you contact the individual listed in the 
                        **FOR FURTHER INFORMATION CONTACT**
                         section to arrange a time to view the hard copy of the North Dakota SIP compilation. An electronic copy of the North Dakota regulations we have approved for incorporation into the SIP are also available by accessing 
                        *http://www.epa.gov/​region8/​air/​sip.html.*
                         A hard copy of the regulatory and source-specific portions of the compilation will also be maintained at the Air and Radiation Docket and Information Center, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460 and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: 
                        *http://www.archives.gov/​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.*
 FOR FURTHER INFORMATION CONTACT: Amy Platt, EPA Region 8, at (303) 312-6449, or 
                        *Platt.Amy@epa.gov.*


SUPPLEMENTARY INFORMATION: Throughout this document, wherever “we” or “our” is used it means the EPA. I. Background The SIP is a living document that the State revises as necessary to address its unique air pollution problems. Therefore, EPA, from time to time must take action on SIP revisions containing new and/or revised regulations to make them part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference Federally-approved SIPs, as a result of consultations between EPA and the Office of the Federal Register (OFR). The description of the revised SIP document, IBR procedures and “Identification of plan” format are discussed in further detail in the May 22, 1997 
                    **Federal Register**
                    . On March 1, 2007 (72 FR 9263), EPA published a document in the 
                    **Federal Register**
                     beginning the new IBR procedure for North Dakota. Today's action is an update to the March 1, 2007 document. II. EPA Action In this document, EPA is doing the following: (1) Announcing an update to the IBR material for North Dakota's revisions to its SIP as of March 1, 2009, including revisions that were approved by EPA on July 19, 2007 (72 FR 39564) and May 27, 2008 (73 FR 30308); and (2) Revising the entries in paragraphs 52.1820(b), (c), (d), and (e) to reflect this update. III. Good Cause Exemption EPA has determined that today's action falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon a finding of “good cause,” authorizes agencies to dispense with public participation, and section 553(d)(3), which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's rule simply codifies provisions which are already in effect as a matter of law. Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification only reflects existing law. Likewise, there is no purpose served by delaying the effective date of this action. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect chart entries. IV. Statutory and Executive Order Review A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and is therefore 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). Because the agency has made a “good cause” finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the 
                    **Supplementary Information**
                     section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
                    *et seq.*), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA.
                    ( print page 18142) 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 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 an economically significant regulatory action based on health or safety risks. This rule does not involve technical standards; 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. The rule also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). This rule does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
                    *et seq.*). EPA's compliance with these statutes and Executive Orders for the underlying rules is discussed in previous actions taken on the State's rules. B. Submission to Congress and the Comptroller General 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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. Today's action simply reformats the codification of provisions which are already in effect as a matter of law. 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of April 21, 2009. 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**
                    . This update to the Identification of plan for North Dakota is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the North Dakota SIP compilation had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need to reopen the 60-day period for filing such petitions for judicial review for this reorganization of the “Identification of plan” section of 40 CFR 52.1820 for North Dakota. List of Subjects in 40 CFR Part 52 Environmental protection
Air pollution control
Carbon monoxide
Incorporation by reference
Intergovernmental relations
Lead
Nitrogen dioxide
Ozone
Particulate matter
Reporting and recordkeeping requirements
Sulfur oxides
Volatile organic compounds
 Dated: March 31, 2009. Stephen S. Tuber, Acting Regional Administrator, Region 8.
 Part 52 of chapter I, title 40, Code of Federal Regulations, is amended as follows: PART 52—[AMENDED]
 1.The authority citation for part 52 continues to read as follows: Authority:
                        42 U.S.C. 7401 
                            *et seq.* Subpart JJ—North Dakota
 2.Section 52.1820 is amended by revising paragraphs (b), (c), (d), and (e) to read as follows: § 52.1820
  
 (b) 
                            *Incorporation by reference.*
                             (1) Material listed in paragraphs (c), (d), and (e) of this section with an EPA approval date prior to March 1, 2009, was approved for incorporation by reference by the Director of the 
                            **Federal Register**
                             in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as submitted by the State to EPA, and notice of any change in the material will be published in the 
                            **Federal Register**
                            . Entries for paragraphs (c), (d), and (e) of this section with EPA approval dates after March 1, 2009, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 8 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of March 1, 2009. (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado, 80202-1129; Air and Radiation Docket and Information Center, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: 
                            *http://www.archives.gov/​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.* (c) 
                            *EPA approved regulations.*( print page 18143) State of North Dakota Regulations
State citation
Title/subject
State
                                     effective 
                                     date
EPA approval date and citation 1
Explanations**33-15-01 General Provisions**33-15-01-01
Purpose
10/1/87
5/12/89, 54 FR 2057433-15-01-02
Scope
10/1/87
5/12/89, 54 FR 2057433-15-01-03
Authority
9/1/97
4/2/04, 69 FR 1730233-15-01-04
Definitions
1/1/07
5/27/08, 73 FR 3030833-15-01-05
Abbreviations
1/1/07
5/27/08, 73 FR 3030833-15-01-06
Entry onto premises—Authority
10/1/87
5/12/89, 54 FR 2057433-15-01-07
Variances: Subsection 1 and
10/1/87
5/12/89, 54 FR 20574Subsection 2
6/1/90
6/26/92, 57 FR 2861933-15-01-08
Circumvention
6/1/90
6/26/92, 57 FR 2861933-15-01-09
Severability
10/1/87
5/12/89, 54 FR 2057433-15-01-10
Land use plans and zoning regulations
10/1/87
5/12/89, 54 FR 2057433-15-01-11
Reserved
10/1/87
5/12/89, 54 FR 2057433-15-01-12
Measurements of emissions of air contaminants
6/1/01
2/28/03, 68 FR 956533-15-01-13
Shutdown and malfunction of an installation—Requirements for notification
10/1/87
5/12/89, 54 FR 20574
Excluding subsection 2(b) which was subsequently revised and approved. See below.33-15-01-13.2(b)
Malfunctions
9/1/97
8/27/98, 63 FR 4572233-15-01-14
Time schedule for compliance
10/1/87
5/12/89, 54 FR 2057433-15-01-15
Prohibition of air pollution
6/1/01
2/28/03, 68 FR 956533-15-01-16
Confidentiality of records
10/1/87
5/12/89, 54 FR 2057433-15-01-17
Enforcement
3/1/03
10/21/04, 69 FR 6176233-15-01-18
Compliance certifications
3/1/03
10/21/04, 69 FR 61762**33-15-02 Ambient Air Quality Standards**33-15-02-01
Scope
10/1/87
5/12/89, 54 FR 2057433-15-02-02
Purpose
10/1/87
5/12/89, 54 FR 2057433-15-02-03
Air quality guidelines
10/1/87
5/12/89, 54 FR 2057433-15-02-04
Ambient air quality standards
9/1/98
8/31/99, 64 FR 47395
See additional interpretive materials cited in 64 FR 47395, 8/31/99.33-15-02-05
Method of sampling and analysis
12/1/94
10/8/96, 61 FR 5286533-15-02-06
Reference conditions
10/1/87
5/12/89, 54 FR 2057433-15-02-07
Concentration of air contaminants in the ambient air restricted
10/1/87
5/12/89, 54 FR 20574
Excluding subsection 3 and 4 which were subsequently revised and approved. See below.33-15-02, Table 1
Ambient Air Quality Standards
12/1/94
10/8/96, 61 FR 5286533-15-02-07.3 33-15-02-07.4 and 33-15-02, Table 2
Concentration of air contaminants in the ambient air restricted and National Ambient Air Quality Standards table
9/1/98
8/31/99, 64 FR 47395
See additional interpretive materials cited in 64 FR 47395, 8/31/99.**33-15-03 Restrictions of Visible Air Contaminants**33-15-03-01
Restrictions applicable to existing installations
10/1/87
5/12/89, 54 FR 2057433-15-03-02
Restrictions applicable to new installations and all incinerators
10/1/87
5/12/89, 54 FR 2057433-15-03-03
Restrictions applicable to fugitive emissions
10/1/87
5/12/89, 54 FR 2057433-15-03-03.1
Restrictions applicable to flares
10/1/87
5/12/89, 54 FR 2057433-15-03-04
Exceptions
2/1/82
11/12/82, 47 FR 5113133-15-03-05
Method of measurement
10/1/87
5/12/89, 54 FR 20574**33-15-04 Open Burning Restrictions**33-15-04-01
Refuse burning restrictions
1/1/07
5/27/08, 73 FR 3030833-15-04-02
Permissible open burning
1/1/96
4/21/97, 62 FR 19224
Excluding subsections 1.b, 1.e, 1.g, and 2.k which were subsequently revised and approved. See below.33-15-04-02.1.b, 33-15-04-02.1.e, 33-15-04-02.1.g, and 33-15-04-02.2.k.
Permissible open burning
1/1/07
5/27/08, 73 FR 30308( print page 18144)**33-15-05 Emissions of Particulate Matter Restricted**33-15-05-01
Restrictions of emissions of particulate matter from industrial processes
10/1/87
5/12/89, 54 FR 2057433-15-05-02
Maximum allowable emission of particulate matter from fuel burning equipment used for indirect heating
3/1/03
10/21/04, 69 FR 6176233-15-05-03
Incinerators (repealed)
8/1/95
4/21/97, 62 FR 1922433-15-05-03.1
Infectious waste incinerators (repealed)
7/12/00
2/28/03, 68 FR 956533-15-05-03.2
Refuse incinerators
8/1/95
4/21/97, 62 FR 1922433-15-05-03.3
Other waste incinerators
3/1/03
10/21/04, 69 FR 6176233-15-05-04
Methods of measurement
3/1/03
10/21/04, 69 FR 61762**33-15-06 Emissions of Sulfur Compounds Restricted**33-15-06-01
Restrictions of emissions of sulfur dioxide from use of fuel
3/1/03
10/21/04, 69 FR 61762
See additional interpretive materials cited in 63 FR 45722, 8/27/98.33-15-06-02
Restriction of emissions of sulfur oxides from industrial processes
6/1/92
10/20/93, 58 FR 5404133-15-06-03
Methods of measurement
3/1/03
10/21/04, 69 FR 6176233-15-06-04
Continuous emission monitoring requirements
6/1/92
10/20/93, 58 FR 5404133-15-06-05
Reporting and recordkeeping requirements
6/1/92
10/20/93, 58 FR 54041**33-15-07 Control of Organic Compounds Emissions**33-15-07-01
Requirements for construction of organic compounds facilities
6/1/92
8/21/95, 60 FR 43396
Excluding subsection 1 which was subsequently revised and approved. See below.33-15-07-01.1
Scope
9/1/98
8/31/99, 64 FR 4739533-15-07-02
Requirements for organic compounds gas disposal
6/1/92
8/21/95, 60 FR 43396**33-15-08 Control of Air Pollution from Vehicles and Other Internal Combustion Engines**33-15-08-01
Internal combustion engine emissions restricted
7/1/78
11/2/79, 44 FR 6310233-15-08-02
Removal or disabling of motor vehicle pollution control devices prohibited
7/1/78
11/2/79, 44 FR 63102**33-15-10 Control of Pesticides**33-15-10-01
Pesticide use restricted: Subsection 1 and Subsection 2
10/1/87
5/12/89, 54 FR 205741/1/89
8/9/90, 55 FR 3240333-15-10-02
Restrictions on the disposal of surplus pesticides and empty pesticide containers
10/1/87
5/12/89, 54 FR 20574
Excluding subsections 2, 3, 4, and 5 which were subsequently revised and approved. See below.33-15-10-02.2, 33-15-10-02.3, 33-15-10-02.4
Restrictions on the disposal of surplus pesticides and empty pesticide containers
1/1/89
8/9/90, 55 FR 3240333-15-10-02.5
Restrictions on the disposal of surplus pesticides and empty pesticide containers
6/1/90
6/26/92, 57 FR 28619**33-15-11 Prevention of Air Pollution Emergency Episodes**33-15-11-01
Air pollution emergency
10/1/87
5/12/89, 54 FR 2057433-15-11-02
Air pollution episode criteria
10/1/87
5/12/89, 54 FR 2057433-15-11-03
Abatement strategies emission reduction plans
10/1/87
5/12/89, 54 FR 2057433-15-11-04
Preplanned abatement strategies plans
10/1/87
5/12/89, 54 FR 2057433-15-11—Table 6
Air pollution episode criteria
8/1/95
4/21/97, 62 FR 1922433-15-11—Table 7
Abatement strategies emission reduction plans
8/1/95
4/21/97, 62 FR 19224**33-15-14 Designated Air Contaminant Sources, Permit To Construct, Minor Source Permit To Operate, Title V Permit To Operate**33-15-14-01
Designated air contaminant sources
8/1/95
4/21/97, 62 FR 1922433-15-14-01.1
Definitions
1/1/96
4/21/97, 62 FR 19224( print page 18145)33-15-14-02
Permit to construct
3/1/94
8/21/95, 60 FR 43396
Excluding subsections 12, 3.c, 13.b.1, 5, 13.c, 13.i(5), 13.o, and 19 (one sentence) which were subsequently revised and approved. See below.See additional interpretive materials cited in 57 FR 28619, 6/26/92, regarding the State's commitment to meet the requirements of EPA's “Guideline on Air Quality Models (Revised).”33-15-14-02.12
[Reserved]
8/1/95 & 1/1/96
4/21/97, 62 FR 19224
Moved this section related to fees for Permit to Construct to a new chapter, 33-15-23, Fees.33-15-14-02.3.c
Alterations to a source
9/1/98
8/31/99, 64 FR 47395
See additional interpretive materials cited in 64 FR 47395, 8/31/99.33-15-14-02.13.b.1
Exemptions
6/1/01
2/28/03, 68 FR 956533-15-14-02.5 and 33-15-14-02.13.i(5)
Review of application—Standard for granting permits to construct and Exemptions
3/1/03
8/8/05, 70 FR 4553933-15-14-02.13.c and 33-15-14-02.13.o
Exemptions
1/1/07
5/27/08, 73 FR 3030833-15-14-02.19 (one sentence—see explanation)
Amendment of permits
3/1/03
1/24/06, 71 FR 3764
Only one sentence was revised and approved with this action. That sentence reads: “In the event that the modification would be a major modification as defined in chapter 33-15-15, the department shall follow the procedures established in chapter 33-15-15.” The remainder of subsection 19 was approved on 8/21/95 (60 FR 43396). See above.33-15-14-03
Minor source permit to operate
3/1/94
8/21/95, 60 FR 43396
Excluding subsections 10, 1.c, 4, 5.a(1)(d), 11, and 16 (one sentence) which were subsequently revised and approved. See below. Also see 40 CFR 52.1834.33-15-14-03.10
[Reserved]
8/1/95 & 1/1/96
4/21/97, 62 FR 19224
Moved this section related to fees for Permit to Operate to a new chapter, 33-15-23, Fees.33-15-14-03.1.c
Permit to operate required
6/1/01
2/28/03, 68 FR 956533-15-14-03.4, 33-15-14-03.5.a(1)(d) & 33-15-14-03.11
Performance testing, Action on applications, and Performance and emission testing
3/1/03
8/8/05, 70 FR 4553933-15-14-03.16 (One sentence—see explanation)
Amendment of permits
3/1/03
1/24/06, 71 FR 3764
Only one sentence was revised and approved with this action. That sentence reads: “In the event that the modification would be a major modification as defined in chapter 33-15-15, the department shall follow the procedures established in chapter 33-15-15.” The remainder of subsection 16 was approved on 8/21/95 (60 FR 43396). See above.33-15-14-04
Permit fees (repealed)
3/1/94
8/21/95, 60 FR 4339633-15-14-05
Common provisions applicable to both permit to construct and permit to operate (repealed)
3/1/94
8/21/95, 60 FR 4339633-15-14-07
Source exclusions from title V permit to operate requirements
6/1/01
2/28/03, 68 FR 9565( print page 18146)**33-15-15 Prevention of Significant Deterioration of Air Quality**33-15-15-01
General provisions (repealed)
2/1/05
7/19/07, 72 FR 39564
See additional interpretive materials cited in 56 FR 12848, 3/28/91, regarding NOx increments and in 57 FR 28619, 6/26/92, regarding the State's commitment to meet the requirements of EPA's “Guideline on Air Quality Models (Revised).”Also see 40 CFR 52.1829.33-15-15-01.1
Purpose
2/1/05
7/19/07, 72 FR 3956433-15-15-01.2
Scope
2/1/05
7/19/07, 72 FR 3956433-15-15-02
Reclassification
2/1/05
7/19/07, 72 FR 39564**33-15-17 Restriction of Fugitive Emissions**33-15-17-01
General provisions—Applicability and designation of affected facilities
6/1/01
2/28/03, 68 FR 956533-15-17-02
Restriction of fugitive particulate emissions
1/1/07
5/27/08, 73 FR 3030833-15-17-03
Reasonable precautions for abating and preventing fugitive particulate emissions
6/20/78
11/2/79, 44 FR 6310233-15-17-04
Restriction of fugitive gaseous emissions
6/20/78
11/2/79, 44 FR 63102**33-15-18 Stack Heights**33-15-18-01
General provisions
10/1/87
11/14/88, 53 FR 4576333-15-18-02
Good engineering practice demonstrations
10/1/87
11/14/88, 53 FR 4576333-15-18-03
Exemptions
10/1/87
11/14/88, 53 FR 45763**33-15-19 Visibility Protection**33-15-19-01
General provisions
10/1/87
9/28/88, 53 FR 3775733-15-19-02
Review of new major stationary sources and major modifications
10/1/87
9/28/88, 53 FR 3775733-15-19-03
Visibility monitoring
10/1/87
9/28/88, 53 FR 37757**33-15-20 Control of Emissions from Oil and Gas Well Production Facilities**33-15-20-01
General provisions
6/1/92
8/21/95, 60 FR 4339633-15-20-02
Registration and reporting requirements
6/1/92
8/21/95, 60 FR 4339633-15-20-03
Prevention of significant deterioration applicability and source information requirements
6/1/92
8/21/95, 60 FR 4339633-15-20-04
Requirements for control of production facility emissions
6/1/90
6/26/92, 57 FR 28619**33-15-23 Fees**33-15-23-01
Definitions
8/1/95
4/21/97, 62 FR 1922433-15-23-02
Permit to construct fees
8/1/95
4/21/97, 62 FR 1922433-15-23-03
Minor source permit to operate fees
8/1/95
4/21/97, 62 FR 192241
                                 In order to determine the EPA effective date for a specific provision listed in this table, consult the 
                                **Federal Register**
                                 notice cited in this column for the particular provision.
 
 
 (d) 
                            *EPA-approved source-specific requirements.* Name of source
Nature of requirement
State 
                                     effective date
EPA approval date and citation 2
ExplanationsLeland Olds Station Units 1 & 2
SIP Chapter 8, Section 8.3, Continuous
5/6/77
10/17/77, 42 FR 55471.Milton R. Young Unit 1
                                     Heskett Station Units 1 & 2 
                                     Stanton Station Unit 1 
                                     American Crystal Sugar at Drayton
Emission Monitoring Requirements for Existing Stationary Sources, including amendments to Permits to Operate and Department OrderTesoro Mandan Refinery
SIP Chapter 8, Section 8.3.1, Continuous Opacity Monitoring for Fluid Bed Catalytic Cracking Units: Tesoro Refining and Marketing Co., Mandan Refinery
2/27/07
5/27/08, 73 FR 30308.2
                                 In order to determine the EPA effective date for a specific provision listed in this table, consult the 
                                **Federal Register**
                                 notice cited in this column for the particular provision.
 (e) 
                            *EPA-approved nonregulatory provisions* Name of nonregulatory SIP provision
Applicable geographic or non-attainment area
State submittal date/Adopted date
EPA approval date and citation 3
Explanations(1) Implementation Plan for the Control of Air Pollution for the State of North Dakota
Statewide
Submitted: 1/24/72; Adopted: 1/24/72; Clarification submitted: 6/14/73, 2/19/74, 6/26/74, 11/21/74, 4/23/75
5/31/72, 37 FR 10842; with all clarifications on 3/2/76, 41 FR 8956
Excluding subsequent revisions, as follows: Chapters 6, 11, and 12 and Sections 2.11, 3.2.1, 3.7, 5.2.1, 6.10, 6.11, 6.13, 8.3, and 8.3.1. Revisions to these non-regulatory provisions have subsequently been approved. See below.Chapters:1. Introduction2. Legal Authority3. Control Strategy4. Compliance Schedule5. Prevention of Air Pollution Emergency Episodes7. Review of New Sources and Modifications8. Source Surveillance9. Resources10. Inter-governmental Cooperation11. Rules and RegulationsWith subsequent revisions to the chapters as follows:(2) Revisions to SIP Chapter 8, Section 8.3

Submitted: 5/26/77
10/17/77, 42 FR 55471(3) Revisions to SIP Chapter 2, Section 2.11

Submitted: 1/17/80
8/12/80, 45 FR 53475(4) SIP Chapter 6, Air Quality Surveillance

Submitted: 1/17/80
8/12/80, 45 FR 53475(5) Revisions to SIP Chapter 6, Section 6.10

Submitted: 1/26/88
9/28/88, 53 FR 37757(6) Revisions to SIP Chapter 3, Section 3.7

Submitted: 4/18/89
10/5/89, 54 FR 41094(7) Revisions to SIP Chapter 3, Section 3.2.1

Submitted: 4/18/89
8/9/90, 55 FR 32403(8) Revisions to SIP Chapter 5, Section 5.2.1

Submitted: 4/18/89
8/9/90, 55FR 32403(9) Revisions to SIP Chapter 6, Section 6.11

Submitted: 4/18/89
8/9/90, 55 FR 32403(10) Revisions to SIP Chapter 6, Section 6.13

Submitted: 1/9/96
4/21/97, 62 FR 19224(11) Revisions to Chapter 11, Rules & Regulations



See the table listed above under § 52.1820(c)(1) for most current version of EPA-approved North Dakota regulations.( print page 18148)(12) SIP to meet Air Quality Monitoring 40 CFR part 58, subpart c, paragraph 58.20 and public notification required under section 127 of the Clean Air Act
Statewide
Submitted: 1/17/80
8/12/80, 45 FR 53475(13) Stack Height Demonstration Analysis
Statewide
Submitted: 4/18/86 and 7/21/87
6/7/89, 54 FR 24334(14) Visibility New Source Review and Visibility Monitoring
Statewide
Submitted: 1/26/88
9/28/88, 53 FR 37757(15) Commitment to revise stack height rules in response to NRDC v. Thomas, 838 F.2d 1224 (DC Cir. 1988)
Statewide
Submitted: 5/11/88
11/14/88, 53 FR 45763
See also 40 CFR 52.1832.(16) Visibility General Plan and Long-term Strategy
Statewide
Submitted: 4/18/89
10/5/89, 54 FR 41094
See also 40 CFR 52.1831.(17) Group III PM10 SIP
Statewide
Submitted: 4/18/89
8/9/90, 55 FR 32403
See additional interpretive materials cited in 55 FR 32403, 8/9/90.(18) Commitment to meet all requirements of EPA's Guideline on Air Quality Models (revised) for air quality modeling demonstrations associated with the permitting of new PSD sources, PSD major modifications, and sources to be located in nonattainment areas
Statewide
Submitted: 2/14/92
6/26/92, 57 FR 28619
See additional interpretive materials cited in 57 FR 28619, 6/26/92. Also see 40 CFR 52.1824.(19) Small Business Assistance Program (SIP Chapter 12)
Statewide
Submitted: 11/2/92 and 1/18/93
1/11/94, 59 FR 1485
See additional interpretive materials cited in 59 FR 1485, 1/11/94.(20) Revisions to SIP Chapter 8, Section 8.3.1

Submitted: 3/8/07
5/27/08, 73 FR 303083
                                 In order to determine the EPA effective date for a specific provision listed in this table, consult the 
                                **Federal Register**
                                 notice cited in this column for the particular provision.


[FR Doc. E9-9020 Filed 4-20-09; 8:45 am] BILLING CODE 6560-50-P