
[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Rules and Regulations]
[Pages 3108-3112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00718]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60, 61, 63, and 70

[EPA-R08-OAR-2018-0299; FRL-9988-39--Region 8]


Approval of Recodification and Revisions to State Air Pollution 
Control Rules; North Dakota; Interim Approval of Title V Program 
Recodification and Revisions; Approval of Recodification and Revisions 
to State Programs and Delegation of Authority To Implement and Enforce 
Clean Air Act Sections 111 and 112 Standards and Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or the ``Agency'') is 
finalizing interim approval of revisions to the North Dakota operating 
permit program for stationary sources subject to title V of the Clean 
Air Act (CAA or the ``Act'') and recodification of the State's title V 
program under a new title of the North Dakota Administrative Code 
(NDAC). The EPA is also approving North Dakota's revision and 
recodification of North Dakota's programs for implementing and 
enforcing delegated requirements under CAA sections 111 and 112, and 
for carrying out a State Acid Rain Program under sections 401-406 of 
the Act as a portion of the operating permits program.

DATES: This rule is effective on March 15, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0299. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 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 through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air Program, EPA, 
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6396, lohrke.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.
    This action also informs the public that on December 17, 2018, the 
EPA authorized delegation to implement and enforce CAA section 111 New 
Source Performance Standards (NSPS) \1\ and section 112 National 
Emission Standards for Hazardous Air Pollutants (NESHAP), including 
Maximum Achievable Control Technology (MACT) \2\ requirements within 
the State, excluding Indian country, exactly as the requirements were 
promulgated by the EPA (i.e., ``straight delegation''). In authorizing 
the delegation of these authorities, the EPA's letters also grant North 
Dakota eligibility for future ``automatic delegation'' of incorporated, 
unchanged federal requirements, without the need to request Agency 
approval, on a case-by-case basis. These approvals effect the transfer 
of North Dakota's title V program administration, including 
administration of the state acid rain program, and delegated authority 
to implement and enforce CAA sections 111 and 112 requirements from the 
North Dakota Department of Health (NDDH) to the newly created North 
Dakota Department of Environmental Quality (NDDEQ or the 
``Department''). The EPA is finalizing these actions in accordance with 
sections 501-506, 111, 112, 401-416 of the Act.
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    \1\ Monica Morales, Director, EPA Region 8 Air Program to Terry 
O'Clair, Director, Division of Air Quality, North Dakota Department 
of Health. ``Automatic Delegation of Clean Air Act Section 111 
Authorities and Responsibilities'' December 17, 2018.
    \2\ Monica Morales, Director, EPA Region 8 Air Program to Terry 
O'Clair, Director, Division of Air Quality, North Dakota Department 
of Health. ``Automatic Delegation of Clean Air Act Section 112 
Responsibilities'' December 17, 2018.
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I. Background

    The background for this action is discussed in detail in our 
October 30, 2018 notice of proposed rulemaking (83 FR 54532). In that 
document we proposed to approve recodification and revisions to the 
North Dakota title V operating permits program on an interim basis.\3\ 
The proposed interim

[[Page 3109]]

approval of North Dakota's operating permit program included, as a 
portion, acceptance of the State's recodification of regulations 
enabling the implementation of a State acid rain program under title IV 
of the Act. In that same notice, we also proposed approval of North 
Dakota's revised and recodified programs for the implementation and 
enforcement of CAA section 111 and 112 standards and further proposed a 
straight delegation of authority to the State of North Dakota to 
administer certain standards under sections 111 (NSPS requirements) and 
112 (NESHAP requirements) as they are incorporated unchanged from the 
Code of Federal Regulations (CFR) into the State's administrative code. 
The notice of proposed rulemaking offered the public the opportunity to 
comment on these proposed program approvals and delegations of 
authority and the transfer of program authorities to NDDEQ.
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    \3\ For reference here and throughout today's notice concerning 
the renumbering and recodification of NDCC and NDAC provisions 
relevant to the transfer of CAA authorities to the NDDEQ, see the 
document, ``Crosswalk on Recodifications of Relevant NDCC and NDAC 
Sections,'' available in the docket for today's notice. For purposes 
of cross-referencing a recodified provision of the NDAC air 
pollution control rules with its previous version, we note that the 
recodification followed a consistent scheme: All rules previously 
codified as 33-15-xx-xx are now codified as 33.1-15-xx-xx. For 
example: All Title V Permit to Operate provisions previously 
codified under NDAC section 33-15-14-06 are now codified at 
corresponding subsections of NDAC section 33.1-15-14-06.
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    We received no comments on our proposed rulemaking action; 
therefore, we are finalizing all rulemaking actions, including 
previously unapproved amendments to North Dakota's title V rules as 
they were described in our proposed rulemaking document.\4\
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    \4\ Our final approval includes previously unapproved amendments 
to North Dakota's title V permit program rules, as discussed in our 
proposal, 83 FR 54535; See also docket item, ``Post 1999 Amendments 
to ND Title V Program,'' for details of the amendments the EPA is 
approving with this action.
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II. Final Action

A. Interim Approval of the North Dakota Title V Program

    The EPA is granting interim approval of the North Dakota operating 
permit program under 40 CFR 70.4(d) and CAA section 502(g). 
Additionally, as the State implements a title IV acid rain program 
through issuance and enforcement of title V operating permits, the EPA 
is also granting final approval of the transfer and recodification of 
North Dakota's acid rain program from the NDDH to the NDDEQ.\5\ The EPA 
is granting interim approval of the operating permit program as the 
program is revised and recodified in NDAC article 33.1-15 and as it had 
been submitted by the State, reviewed and proposed for approval in our 
previous rulemaking document.\6\ The EPA is granting interim approval 
because, although North Dakota's operating permit program meets minimum 
title V requirements and otherwise meets 40 CFR part 70 requirements 
for an operating permit program, as explained in the Attorney General's 
Opinion,\7\ the State's rules do not provide the full legal authority 
necessary for judicial review. This issue was explained in detail in 
our proposed rulemaking document and must be remedied before the EPA 
may grant final full approval of North Dakota's revised and recodified 
title V program (40 CFR 70.4(e)(3)). Specifically, the State's 
forthcoming rules must provide that if the final permit action being 
challenged is the Department's failure to take final action, a petition 
for judicial review may be filed at any time before the Department 
denies the permit or issues the final permit; and that where petitions 
for judicial review are based solely on grounds arising after the 30-
day deadline for judicial review, such petitions may be filed no later 
than 30 days after the new grounds for review arise. Upon notice of 
remedy of this issue from the State, receipt of effective State rules 
and an amended Attorney General's Opinion certifying complete legal 
authority to grant judicial review as required by 40 CFR 70.4(b)(3)(x)-
(xii), the EPA intends to propose full approval of North Dakota's 
operating permit program. Interim program approval will expire on March 
19, 2020 and the State is required to ``submit to the EPA changes to 
the program addressing the deficiencies specified in the interim 
approval no later than 6 months prior to the expiration of the interim 
approval.'' \8\
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    \5\ The State's Acid Rain rules (NDAC 33.1-15-21) with an 
effective date of January 1, 2019, were submitted via email from Tom 
Bachman, North Dakota Department of Health, to Gregory Lohrke, EPA 
Region 8 Air Program on December 10, 2018.
    \6\ 83 FR 54534-54537; Our approval also considers the following 
supplemental documents submitted by the State of North Dakota after 
our proposal: ``Addendum to August 16, 2018 Attorney General's 
Opinion Operating Permits Program.'' December 12, 2018; ``Supplement 
to the Attorney General Statements Relating to Programs Being 
Transferred to the North Dakota Department of Environmental 
Quality.'' October 23, 2018; and NDAC 33.1-15-14-06, ``Title V 
Permit to Operate,'' and 33.1-15-23-04, ``Major Source Permit to 
Operate Fees.'' Both effective on January 1, 2019. Submitted via 
electronic correspondence by Tom Bachman, North Dakota Department of 
Health to Gregory Lohrke, EPA Region 8 Air Program. December 10, 
2018.
    \7\ ``Attorney General's Opinion Operating Permits Program.'' 
August 16, 2018.
    \8\ 40 CFR 70.4(f)(1).
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    For further details and background regarding the interim approval 
of North Dakota's revised operating permits program and the transfer of 
state operating permits program implementation and enforcement 
authority to the NDDEQ, please reference the proposed rulemaking 
document associated with this action.\9\
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    \9\ 83 FR 54534-54537.
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B. NSPS Program Approval and Delegations

    The EPA has determined that the revisions to the North Dakota CAA 
section 111 program are adequate and effective for implementation and 
enforcement of NSPS requirements and is approving the recodification of 
the State's program and incorporated federal NSPS requirements under a 
new title and chapter of the NDAC.\10\ On December 17, 2018, the EPA 
provided notice to North Dakota of approval of both a straight 
delegation of authority to implement and enforce all federal NSPS 
requirements incorporated unchanged into state regulations, and 
approval of automatic delegation of authority to implement and enforce 
federal NSPS requirements incorporated unchanged at a future date 
without need for case-by-case approvals. This notice of approval in the 
Federal Register finalizes the EPA's determination that the North 
Dakota section 111 program as it is to be administered by the NDDEQ is 
adequate for the delegated implementation and enforcement of federal 
NSPS requirements incorporated unchanged into NDAC 33.1-15-12 before 
this rulemaking action, as well as adequate for the prospective, 
automatic delegation of federal NSPS requirements incorporated 
unchanged into that NDAC chapter in the future.
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    \10\ NDAC chapter 33.1-15-12, Standards of Performance for New 
Stationary Sources; and related fee provisions NDAC Sec. Sec.  33.1-
15-23-01, 33.1-15-23-02, 33.1-15-23-03, effective January 1, 2019.
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    The EPA's delegation letter and other supporting materials for 
today's action may be found in the docket for this final rule at http://www.regulations.gov. A current summary of NSPS delegations to North 
Dakota is posted under the ``Delegations of Authority'' link at http://www.epa.gov/region8/air-program. Further delegation updates will be 
provided through this web page on a quarterly basis to notify the 
public of the current NSPS delegation status to the State.

C. NESHAP Program Approval and Delegations

    The EPA has determined that the revisions to the North Dakota 
section 112 program are adequate and effective for implementation and 
enforcement of NESHAP requirements and is approving the recodification 
of the State's program and incorporated federal NESHAP requirements 
under a new title and chapter of the NDAC.\11\ On December

[[Page 3110]]

17, 2018, the EPA provided notice to North Dakota of approval of both a 
straight delegation of authority to implement and enforce all federal 
NESHAP requirements incorporated unchanged into state regulations, and 
approval of automatic delegation of authority to implement and enforce 
federal NESHAP requirements incorporated unchanged at a future date 
without need for case-by-case approvals. This notice of approval in the 
Federal Register finalizes the EPA's determination that the North 
Dakota section 112 program as it is to be administered by the NDDEQ is 
adequate for the delegated implementation and enforcement of federal 
NESHAP requirements incorporated unchanged into NDAC chapters 33.1-15-
13 and 33.1-15-22 before this rulemaking action, as well as adequate 
for the receipt of prospective, automatic delegation of federal NESHAP 
requirements incorporated unchanged into NDAC chapters 33.1-15-13 and 
33.1-15-22 in the future.
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    \11\ NDAC chapters 33.1-15-13, National Emission Standards for 
Hazardous Air Pollutants and 33.1-15-22, National Emission Standards 
for Hazardous Air Pollutants for Source Categories; effective 
January 1, 2019; and related fee provisions NDAC Sec. Sec.  33.1-15-
23-01, 33.1-15-23-02, 33.1-15-23-03, effective January 1, 2019.
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    The EPA's delegation letter and other supporting materials for 
today's action may be found in the docket for this final rule at http://www.regulations.gov. A current summary of NESHAP delegations to North 
Dakota is posted under the ``Delegations of Authority'' link at http://www.epa.gov/region8/air-program. Further delegation updates will be 
provided through this web page on a quarterly basis to notify the 
public of current NESHAP delegation status to the State.

D. Effective Date of Program Approvals and Delegations of Authority

    Based on our conversations with the State, we determined a specific 
date for when the NDDEQ rules and agency become fully effective under 
federal law. All revisions to the State's title V operating permit 
program, section 111 and 112 programs and the State acid rain program 
would be federally enforceable as of the effective date of EPA's 
approval of the respective revision on March 15, 2019, and 
codifications of those regulations, with the exception of the EPA's 
grant of interim approval to the operating permits program. The EPA's 
understanding is that the State plans to rely on the date when the EPA 
signs the final notice for purposes of notifying the State legislature 
that the EPA has approved these revisions, which will provide for the 
transfer of authority from NDDH to NDDEQ to be effective under State 
law. The EPA also understands that there are some programs that will 
not be required to be a part of this approval. Thus, prior to the 
effective date of this approval, the EPA understands that the State 
intends to take the necessary additional steps as specified in S.L. 
2017, ch. 199, Section 1, to ensure that NDDEQ rules and the NDDEQ 
would become federally enforceable on the effective date of the EPA's 
approval and codification of the operating permit, NSPS, MACT/NESHAP 
and acid rain programs. Unless and until the NDDEQ rules and agency 
become fully effective under federal law, for purposes of federal law 
the EPA recognizes the State's program as currently approved under the 
North Dakota Department of Health.\12\
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    \12\ As explained in this rulemaking action's corresponding 
proposed rule, the EPA's interim approval of North Dakota's transfer 
of its Title V Program and State Acid Rain Program and the Agency's 
delegation to North Dakota of authority for NESHAP, MACT and NSPS 
from the Department of Health to the Department of Environmental 
Quality does not extend to Indian country as defined in 18 U.S.C. 
1151. Indian country generally includes (1) lands within the 
exterior boundaries of the following Indian reservations located 
within North Dakota: The Fort Berthold Indian Reservation, the 
Spirit Lake Reservation, the Standing Rock Sioux Reservation, and 
the Turtle Mountain Reservation; (2) any land held in trust by the 
United States for an Indian tribe; and (3) any other areas that are 
``Indian country'' within the meaning of 18 U.S.C. 1151. The EPA, or 
eligible Indian tribes, as appropriate, will retain responsibilities 
under CAA Sections 501-506, 111, 112, 401-416 for air quality in 
Indian country. This footnote and our final notice include the Acid 
Rain program and respective CAA Sections, which were referenced 
elsewhere in the proposal and inadvertently not included in footnote 
4 in our proposal (83 FR 54533-54534).
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III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve:

     A state permit program submittal that complies with the 
provisions of the Act and applicable federal regulations. 42 U.S.C. 
7661a(d); 40 CFR 70.1(c), 70.4(i). Thus, in reviewing permit program 
submittals, the EPA's role is to approve state choices, provided 
they meet the criteria of the CAA and the criteria, standards and 
procedures defined in 40 CFR part 70;
     A state acid rain program as a component of the state 
operating permit program submittal that complies with the provisions 
of the Act and applicable federal regulations. 42 U.S.C. 7651g(a), 
7661e(b); 40 CFR part 72, subpart G. Thus, in reviewing state acid 
rain program submittals, the EPA's role is to approve state choices, 
provided they meet, and do not alter, the criteria of the CAA and 
implement the requirements, standards and procedures defined in 40 
CFR parts 70 and 72-78;
     A state program for receiving delegated authority to 
implement and enforce emission limitations for new stationary 
sources subject to section 111 if such program complies with the 
provisions of the Act and applicable federal regulations. 42 U.S.C. 
7411(c). Thus, in reviewing section 111 program submittals, the 
EPA's role is to approve state choices, provided they meet the 
criteria of the CAA and implement the requirements, standards and 
procedures defined in 40 CFR part 60; and
     A state program for receiving delegated authority to 
implement and enforce emission standards and other requirements for 
air pollutants subject to section 112 if such program complies with 
the provisions of the Act and applicable federal regulations. 42 
U.S.C. 7412(l); 40 CFR part 63, subpart E. Thus, in reviewing 
section 112 program submittals, the EPA's role is to approve state 
choices, provided they meet the criteria of the CAA and the 
criteria, standards and procedures defined in 40 CFR parts 61 and 
63.

Accordingly, this action merely approves state law as meeting 
federal requirements and does not impose additional requirements 
beyond those imposed by state law. For that reason, this action:

     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 
21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 
2, 2017) regulatory action because Operating Permits Program 
approvals are exempted under Executive Order 12866;
     Does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.);
     Is certified as not having a significant economic 
impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 
FR 19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) because application of those requirements would be 
inconsistent with the CAA; and
     Does not provide EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 
1994).

This action does not apply on any Indian reservation land or in any 
other

[[Page 3111]]

area where EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction. In those areas of Indian country, the rule does not have 
tribal implications and will not impose substantial direct costs on 
tribal governments or preempt tribal law as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).
    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. The EPA will submit a report containing this action 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 April 12, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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 60

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, New source performance 
standards, Delegation of authority.

40 CFR Part 61

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, National emission standards for 
hazardous air pollutants, Delegation of authority.

40 CFR Part 63

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, National emission standards for 
hazardous air pollutants, Maximum achievable control technology, 
Delegation of authority.

40 CFR Part 70

    Environmental protection, Air pollution control, Intergovernmental 
relations, Operating permit program, State acid rain program, Title V.

    Dated: December 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.

    Title 40 of the CFR is amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--General Provisions

0
2. Section 60.4 is amended by revising paragraph (b)(36) to read as 
follows:


Sec.  60.4  Address.

* * * * *
    (b) * * *
    (36) State of North Dakota, North Dakota Department of 
Environmental Quality, 918 East Divide Avenue, Bismarck, ND 58501-1947.

    Note: For a table listing Region VIII's NSPS delegation status, 
see paragraph (c) of this section.

* * * * *

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

0
3. The authority citation for part 61 continues to read as follows:

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

Subpart A--General Provisions

0
4. Section 61.04 is amended by revising paragraphs (b)(36) and (c)(8) 
to read as follows:


Sec.  61.04  Address.

* * * * *
    (b) * * *
    (36) State of North Dakota, North Dakota Department of 
Environmental Quality, 918 East Divide Avenue, Bismarck, ND 58501-1947.

    Note: For a table listing Region VIII's NESHAP delegation 
status, see paragraph (c) of this section.

* * * * *
    (c) * * *
    (8) The most current delegation status table for National Emissions 
Standards for Hazardous Air Pollutants for Region VIII can be found 
online at http://www.epa.gov/region8/air-program. The following is a 
table indicating the delegation status of National Emissions Standards 
for Hazardous Air Pollutants in Region VIII. The recodification and 
delegation for North Dakota's August 6, 2018 submittal is effective as 
of March 15, 2019, as detailed in EPA's delegation letter of December 
17, 2018.

         Region VIII--Delegation Status of National Emissions Standards for Hazardous Air Pollutants \1\
----------------------------------------------------------------------------------------------------------------
              Subpart                    CO           MT           ND           SD         UT \2\         WY
----------------------------------------------------------------------------------------------------------------
A General Provisions..............  *            *            *            *            *            ...........
B Radon Emissions from Underground  ...........  ...........  ...........  ...........  *            ...........
 Uranium Mines.
C Beryllium.......................  *            *            ...........  ...........  *            ...........
D Beryllium Rocket Motor Firing...  *            *            ...........  ...........  *            ...........
E Mercury.........................  *            *            ...........  ...........  *            ...........
F Vinyl Chloride..................  *            *            ...........  ...........  *            ...........
H Emissions of Radionuclides other  ...........  ...........  ...........  ...........  ...........  ...........
 than Radon from Department of
 Energy Facilities.
I Radionuclide Emissions from       ...........  ...........  ...........  ...........  ...........  ...........
 Facilities Licensed by the
 Nuclear Regulatory Commission and
 Federal Facilities not covered by
 Subpart H.
J Equipment Leaks (Fugitive         *            *            *            ...........  *            ...........
 Emission Sources) of Benzene.
K Radionuclide Emissions from       ...........  ...........  ...........  ...........  ...........  ...........
 Elemental Phosphorus Plants.
L Benzene Emissions from Coke By-   ...........  *            ...........  ...........  *            ...........
 Product Recovery Plants.
M Asbestos........................  *            *            *            *            *            * \3\
N Inorganic Arsenic Emissions from  ...........  *            ...........  ...........  *            ...........
 Glass Manufacturing Plants.

[[Page 3112]]

 
O Inorganic Arsenic Emissions from  ...........  *            ...........  ...........  *            ...........
 Primary Copper Smelters.
P Inorganic Arsenic Emissions from  ...........  *            ...........  ...........  *            ...........
 Arsenic Trioxide and Metallic
 Arsenic Production Facilities.
Q Radon Emissions from Department   ...........  ...........  ...........  ...........  *            ...........
 of Energy Facilities.
R Radon Emission from               ...........  ...........  ...........  ...........  *            ...........
 Phosphogypsum Stacks.
T Radon Emissions from the          ...........  ...........  ...........  ...........  *            ...........
 Disposal of Uranium Mill Tailings.
V Equipment Leaks (Fugitive         ...........  *            *            ...........  *            ...........
 Emission Sources).
W Radon Emissions from Operating    ...........  ...........  ...........  ...........  *            ...........
 Mill Tailings.
Y Benzene Emissions from Benzene    ...........  *            ...........  ...........  *            ...........
 Storage Vessels.
BB Benzene Waste Operations.......  ...........  *            ...........  ...........  *            ...........
FF Benzene Waste Operations.......  ...........  *            *            ...........  *            ...........
----------------------------------------------------------------------------------------------------------------
*Indicates approval of delegation of subpart to state.
\1\ Specific authorities which may not be delegated include, but are not limited to Sec.  Sec.   61.04(b) and
  (c), 61.05(c), 61.11, 61.12(d), 61.13(h)(1)(ii), 61.14(d), 61.14(g)(1)(ii), 61.16, 61.112(c), 61.164(a)(2) and
  (3), 61.172(b)(2)(ii)(B) and (C), 61.174(a)(2) and (3), 61.242-1(c)(2), 61.244, and all authorities listed as
  not delegable in each individual subpart delegated to the state.
\2\ Indicates approval of National Emissions Standards for Hazardous Air Pollutants as part of the State
  Implementation Plan (SIP) with the exception of the radionuclide NESHAP subparts B, Q, R, T and W which were
  approved through section 112(l) of the Clean Air Act.
\3\ Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations,
  insulating materials, waste disposal for demolition, renovation, spraying, manufacturing and fabricating
  operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that
  convert asbestos-containing waste material into nonasbestos (asbestos-free) material.

* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
5. The authority citation for part 63 continues to read as follows:

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

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
6. Section 63.99 is amended by revising paragraph (a)(35) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

* * * * *
    (a) * * *
    (35) North Dakota. (i) The North Dakota Department of Agriculture 
is delegated the authority to implement and enforce the provisions of 
40 CFR part 68 at facilities with an anhydrous ammonia storage capacity 
of ten thousand pounds or more that is intended to be used as 
fertilizer or in the manufacturing of a fertilizer within North Dakota 
and that are subject to the requirements of 40 CFR part 68, in 
accordance with the final rule, dated December 30, 2013.
    (ii) The most current delegation status table for National Emission 
Standards for Hazardous Air Pollutants for Source Categories in Region 
VIII can be found online at http://www.epa.gov/region8/air-program.
* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
7. The authority citation for part 70 continues to read as follows:

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


0
8. In appendix A to part 70, the entry for North Dakota is amended by 
adding paragraph (d) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *
    North Dakota
* * * * *
    (d) The State of North Dakota submitted on August 6, 2018, 
operating permit program revisions in a submittal package titled, 
``Title V Permit to Operate MACT, NESHAPs and NSPS Programs for 
Department of Environmental Quality Division of Air Quality.'' This 
submittal package included a request from the North Dakota governor 
to transfer authority to implement and enforce the operating permit 
program from the North Dakota Department of Health to the North 
Dakota Department of Environmental Quality. The recodified North 
Dakota title V operating permits program is codified in N.D. Admin. 
Code sections 33.1-15-14-06, 33.1-15-23-04, and 33.1-15-21. North 
Dakota subsequently submitted on August 16, 2018 the, ``Attorney 
General's Opinion Operating Permits Program,'' supplemented on 
December 12, 2018, with an ``Addendum to August 16, 2018 Attorney 
General's Opinion Operating Permits Program,'' stating that the laws 
of the State provide adequate legal authority to carry out all 
aspects of the program; interim approval effective on March 15, 
2019; interim approval expires on March 19, 2020.
* * * * *
[FR Doc. 2019-00718 Filed 2-8-19; 8:45 am]
 BILLING CODE 6560-50-P


