[Federal Register: January 24, 2006 (Volume 71, Number 15)]
[Rules and Regulations]
[Page 3764-3768]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja06-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2005-ND-0002; FRL-8011-1]
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: Direct final rule and delegation of authority.
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SUMMARY: EPA is taking direct final action approving certain revisions
to the State Implementation Plan (SIP) as submitted by the Governor of
North Dakota with a letter dated April 11, 2003. The revisions affect
certain portions of air pollution control rules regarding permitting.
This action is being taken under section 110 of the Clean Air Act.
EPA is also providing notice that on July 27, 2005, North Dakota
was delegated authority to implement and enforce certain New Source
Performance Standards, as of January 31, 2004.
DATES: This rule is effective on March 27, 2006 without further notice,
unless EPA receives adverse comment by February 23, 2006. If adverse
comment is received, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. R08-OAR-
2005-ND-0002, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/. On
November 28, 2005, Regional Material in EDOCKET (RME), EPA's electronic
public docket and comment system, was replaced by an enhanced federal-
wide electronic docket management and comment system located at http://www.regulations.gov.
Therefore, you will be redirected to that site to
access the docket EPA-R08-OAR-2005-ND-0002 and submit comments. Follow
the on-line instructions for submitting comments.
E-mail: long.richard@epa.gov and platt.amy@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal holidays. Special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. R08-OAR-2005-
ND-0002. EPA's policy is that all comments received will be included in
the public docket without change and may be made available at http://docket.epa.gov/rmepub/index.jsp
, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA's Regional Materials in EDOCKET and
Federal regulations.gov Web site are ``anonymous access'' systems,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA, without going through EDOCKET or
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional information about EPA's public docket visit EDOCKET online
or see the Federal Register of May 31, 2002 (67 FR 38102). For
additional instructions on submitting comments, go to Section I.
General Information of the SUPPLEMENTARY INFORMATION section of this
document.
Docket: All documents in the docket are listed in the Regional
Materials in EDOCKET index at http://docket.epa.gov/rmepub/index.jsp.
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in Regional Materials in EDOCKET or in
hard copy at the Air and Radiation Program, Environmental Protection
Agency (EPA), Region 8, 999 18th Street, Suite 200, 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 hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection
Agency, Region 8, (303) 312-6449, platt.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background
III. Revisions in the April 11, 2003 Submittal That Are the Subject
of This Document
IV. Delegation of Authority
V. Section 110(l)
VI. Final Action
VII. 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 words 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 SIP mean or refer to State Implementation Plan.
(iv) The words State or ND mean the State of North Dakota, unless
the context indicates otherwise.
[[Page 3765]]
(v) The initials NDDH mean or refer to the North Dakota Department
of Health.
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD-ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD-ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
The Act requires States to follow certain procedures in developing
implementation plans and plan revisions for submission to us. Sections
110(a)(2) and 110(l) of the Act provide that each implementation plan
must be adopted after reasonable notice and public hearing.
To provide for public comment, the North Dakota Department of
Health (NDDH), after providing notice, held a public hearing on April
19, 2002 to address the revisions to the State Implementation Plan
(SIP) and Air Pollution Control Rules. Following the public hearing,
comment period, and legal review by the North Dakota Attorney General's
Office, the North Dakota State Health Council adopted the revisions,
which became effective on March 1, 2003. The North Dakota Governor
submitted the SIP revisions to us with a letter dated April 11, 2003.
On October 21, 2004, EPA published a notice of final rulemaking for
the State of North Dakota (see 69 FR 61762). In that final rulemaking,
we approved portions of the SIP revision submitted by the Governor of
North Dakota on April 11, 2003. The portions of the SIP revision that
we approved affected the North Dakota Air Pollution Control Rules
regarding general provisions and emissions of particulate matter and
sulfur compounds.
As we discussed in our October 21, 2004 notice of final rulemaking,
we were handling 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,
certain portions of Chapter 33-15-14, regarding construction and minor
source permitting, and certain portions of Chapter 33-15-15, regarding
prevention of significant deterioration.
On August 8, 2005, EPA published a direct final rulemaking for the
State of North Dakota (see 70 FR 45539). In that final rulemaking, we
approved additional portions of the SIP revision submitted by the
Governor of North Dakota on April 11, 2003. Those portions of the SIP
revision that we approved affected certain section of the North Dakota
Air Pollution Control Rules regarding permitting and prevention of
significant deterioration of air quality.
III. Revisions in the April 11, 2003 Submittal That Are the Subject of
This Document
The revisions in the April 11, 2003 submittal to be addressed in
this document pertain to certain portions of the North Dakota Air
Pollution Control Rules regarding permitting, which involve sections of
the following chapter of the North Dakota Administrative Code
(N.D.A.C.): 33-15-14 Designated Air Contaminant Sources, Permit to
Construct, Minor Source Permit to Operate, Title V Permit to Operate
(certain sections specific to construction and minor source
permitting).
A. Chapter 33-15-14, N.D.A.C., Section 33-15-14-02, Permit To Construct
In the Permit to Construct section, 33-15-14-02, subsection 33-15-
14-02.19, Amendment of Permits, was revised to clarify how the NDDH can
amend a construction permit. Specifically, in the event that a
modification would be a ``major modification'' as defined in the
State's prevention of significant deterioration (PSD) regulations, then
the procedures established in Chapter 33-15-15, N.D.A.C., must be
followed.
B. Chapter 33-15-14, N.D.A.C., Section, 33-15-14-03, Minor Source
Permit To Operate
Subsection 33-15-14-03.16, Amendment of Permits, was similarly
revised to clarify how the NDDH can amend a minor source permit to
operate. Specifically, in the event that a modification would be a
``major modification'' as defined in the State's prevention of
significant deterioration (PSD) regulations, then the procedures
established in Chapter 33-15-15, N.D.A.C., must be followed.
The revisions discussed above are simply clarifying in nature and
are approvable.
IV. Delegation of Authority
With a February 10, 2005 submittal, the Governor of 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 July 27, 2005, delegation was given with the following letter:
Ref: 8P-AR
Honorable John Hoeven,
Governor of North Dakota State Capitol, 600 E Boulevard Avenue,
Bismarck, North Dakota 58505-0001
Re: Delegation of Clean Air Act New Source Performance Standards
Dear Governor Hoeven:
In a February 10, 2005, letter from you and a February 15, 2005,
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, 2004, 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
[[Page 3766]]
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,
2004, 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. Please note that the enclosed list has been updated
since our November 6, 2003, delegation of authority to implement and
enforce the NSPS 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 February 10, and 15, 2005.
(I) Upon approval of the Regional Administrator of EPA Region 8,
the Director of the NDDH may subdelegate his authority to implement
and enforce the NSPS to local air pollution control authorities in
the State when such authorities have demonstrated that they have
equivalent or more stringent programs in force.
(J) The State of North Dakota must require reporting of all
excess emissions from any NSPS source in accordance with 40 CFR
60.7(c).
(K) Performance tests shall be scheduled and conducted in
accordance with the procedures set forth in 40 CFR Part 60 unless
alternate methods or procedures are approved by the EPA
Administrator. Although the Administrator retains the exclusive
right to approve equivalent and alternate test methods as specified
in 40 CFR 60.8(b)(2) and (3), the State may approve minor changes in
methodology provided these changes are reported to EPA Region 8. The
Administrator also retains the right to change the opacity standard
as specified in 40 CFR 60.11(e).
(L) Determinations of applicability such as those specified in
40 CFR 60.5 and 60.6 shall be consistent with those which have
already been made by the EPA.
(M) Alternatives to continuous monitoring procedures or
reporting requirements, as outlined in 40 CFR 60.13(i), may be
approved by the State only if the specific NSPS grants that
authority. Otherwise, EPA retains the authority to review and
approve such alternatives.
(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 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.
Enclosure
cc: David Glatt, NDDH
Terry O'Clair, NDDH
Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective
Through January 31, 2004, to the State of North Dakota
Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
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40 CFR subparts Section(s)
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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); and 60.13(i).
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).
[[Page 3767]]
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.
http://WWW............................. 60.754(a)(5).
CCCC............................ 60.2030(c).
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V. 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. There are no
nonattainment areas in North Dakota. The revisions to the permitting
provisions were clarifying in nature, will not affect emissions, and
will not interfere with requirements of the Act related to
administrative or procedural provisions. Therefore, these revisions do
not interfere with attainment or maintenance of the NAAQS or other
applicable requirements of the Act.
VI. Final Action
We reviewed the adequacy of these certain revisions submitted by
the North Dakota Governor with a letter dated April 11, 2003, and find
them approvable. In addition, as requested by the North Dakota Governor
with his February 10, 2005 submittal, we are providing notice that we
granted delegation of authority to North Dakota on July 27, 2005, to
implement and enforce the NSPS promulgated in 40 CFR part 60,
promulgated as of January 31, 2004 (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.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective March 27, 2006 without
further notice unless the Agency receives adverse comments by February
23, 2006. If the EPA receives adverse comments, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
VII. 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
[[Page 3768]]
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 March 27, 2006. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 7, 2005.
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)(35) to read as
follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
(35) 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 construction and minor
source permitting.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Air Pollution Control Rules as
follows:
(1) In Chapter 33-15-14, N.D.A.C., Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate, the sentence in each first paragraph of subsections
33-15-14-02.19 and 33-15-14-03.16 that reads as follows, ``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.'' These revisions were effective March
1, 2003.
[FR Doc. 06-629 Filed 1-23-06; 8:45 am]
BILLING CODE 6560-50-P