[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Rules and Regulations]
[Pages 17923-17925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08621]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2017-0698; FRL-9976-58-Region 8]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; North Dakota; Control of Emissions From 
Existing Commercial and Industrial Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA)

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revised state plan (the ``plan'') submitted by the North Dakota 
Department of Health (the ``Department'') for the regulation of 
existing commercial and industrial solid waste incineration (CISWI) 
units within the jurisdiction of the State of North Dakota. The 
Department submitted the plan to the EPA for approval following the 
promulgation of federal new source performance standards (NSPS) and 
emission guidelines (EG) for CISWI units on March 21, 2011, and the 
subsequent, limited revisions to that final rule published on February 
7, 2013, and June 23, 2016. This plan approval final rulemaking action 
is being taken in accordance with sections 111(d) and 129 of the Clean 
Air Act (CAA, or the ``Act'').

DATES: This final rule is effective on May 25, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2017-0698. 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, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6396, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background Information

    Sections 111 and 129 of the CAA outline the EPA's statutory 
authority for regulating new and existing solid waste incineration 
units. Section 111(b) directs the EPA Administrator (the 
``Administrator'') to publish and periodically revise a list of source 
categories which significantly cause or contribute to air pollution. 
This subsection also directs the Administrator to establish federal 
standards of performance for new sources within these categories. 
Section 111(d) grants the EPA statutory authority to require states to 
submit to the agency implementation plans for establishing performance 
standards applicable to existing sources belonging to those categories 
established in section 111(b). Section 129 of the CAA specifically 
addresses solid waste combustion and requires that the EPA regulate new 
and existing waste incineration units pursuant to section 111 of the 
Act, including the requirement that a state in which existing 
designated facilities operate, submit for approval, a state plan for 
each category of regulated waste incineration units. Section 129(b)(3) 
requires the EPA to promulgate a federal plan for existing waste 
incineration units of any designated category located in any state 
which has not submitted an approvable 111(d)/129 state plan for said 
category of waste incineration units. Such federal plans remain in 
effect until the state in question submits a new or revised state plan 
and subsequently receives approval and promulgation of the plan under 
40 CFR part 62.
    State plan submittals under CAA sections 111(d) and 129 must be 
consistent with the relevant new or revised EG. Section 129(a)(1)(D) of 
the Act requires the EPA to develop and periodically revise operating 
standards for new and existing CISWI units. The original NSPS and EG 
for CISWI units were promulgated on December 1, 2000, at 40 CFR part 
60, subparts CCCC and DDDD, respectively. Revisions to the CISWI NSPS 
and EG were subsequently promulgated by the EPA on March 21, 2011 (76 
FR 15704), with final actions on reconsideration of the rule published 
on February 7, 2013 (78 FR 9112), and June 23, 2016 (81 FR 40956). 
State plan requirements specific to CISWI units, along with a model 
rule to ease adoption of the EG, are found in subpart DDDD, while more 
general state plan requirements are found in 40 CFR part 60, subpart B, 
and part 62, subpart A. The guidelines found in subpart DDDD require 
that states impose emission limits on designated facilities for those 
pollutants regulated under section 129, including: dioxins/furans, 
carbon monoxide, metals (cadmium, lead and mercury), hydrogen chloride, 
sulfur dioxide, oxides of nitrogen, opacity and particulate matter. The 
EG also requires that state plans include essential elements pursuant 
to section 129 requirements, including monitoring, operator training 
and facility permitting requirements.
    On June 12, 2014, the Department submitted to the EPA a revised 
section 111(d)/129 state plan for existing CISWI units in the State of 
North Dakota. The current state plan received final approval and was 
promulgated on September 17, 2003 (68 FR 54374), at 40 CFR part 62, 
subpart JJ. Pursuant to each state's obligations following the revision 
of the CISWI rule, the State of North Dakota has revised their state 
rulemaking, and has submitted a revised state plan document as well as 
a demonstration of legal and enforcement authority to comply with CAA 
section 111/129 requirements.

II. Summary of North Dakota's Revised Section 111(d)/129 Plan for 
Existing CISWI Units

    The EPA has completed a review of the revised North Dakota section 
111(d)/129 state plan for existing CISWI units. The EPA has determined 
that the plan submittal meets the requirements found in 40 CFR part 60, 
subparts B and DDDD, and those of part 62, subpart A of that title. 
Accordingly, the EPA is approving the submitted revised plan as 
proposed. See 83 FR 3656 (January 26, 2018). The EPA's final approval 
action is limited to the revised North Dakota CISWI state plan 
document, submitted to the EPA on June 12, 2014, and the subpart DDDD 
``Model Rule'' as it was incorporated by the State in the North Dakota 
Administrative Code (NDAC) at Chapter 33-15-12-02, subpart DDDD. A 
detailed summary of the submittal's compliance with the EG and other 
federal regulatory requirements is available in the technical support 
document (TSD) associated with this rulemaking action. The TSD is 
available in the docket for this rulemaking action

[[Page 17924]]

and may be found at the http://www.regulations.gov website.

III. Response to Public Comments

    This rule will be finalized as proposed without revisions. The EPA 
received five anonymous public comments on the proposed approval of the 
revised North Dakota CISWI state plan. After reviewing the comments, 
the EPA has determined that the comments are outside the scope of our 
proposed action or fail to identify any material issue necessitating a 
response. All public comments received on this rulemaking action are 
available for review by the public and may be viewed by following the 
instructions for access to docket materials as outlined in the 
ADDRESSES section of the preamble.

IV. Final Action

    The EPA is approving North Dakota's amended section 111(d)/129 
state plan for existing CISWI units. The North Dakota state plan 
requirements being approved today are at least as stringent as the 
requirements for existing CISWI units found in 40 CFR part 60, subpart 
DDDD. Therefore, the EPA is amending 40 CFR part 62, subpart JJ to 
reflect the approved revisions to North Dakota's previously approved, 
current CISWI state plan. The EPA is limiting the scope of the plan 
approval to the provisions of 40 CFR parts 60 and 62 for existing CISWI 
units, as found in the EG at 40 CFR part 60, subpart DDDD. The 
Administrator retains the authorities as listed under 40 CFR 60.2542 
and 60.2030(c).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a section 
111(d)/129 plan submission that complies with the provisions of the Act 
and applicable federal regulations. Thus, in reviewing section 111(d)/
129 plan submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA and are not 
specifically disapproved. Accordingly, this action merely finalizes 
approval of 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 expected to be an Executive Order 13771 regulatory 
action because this action is not significant 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,
     Is not subject to Executive Order 12898 (59 FR 7629, 
February 16, 1994) because it does not establish an environmental 
health or safety standard.
    In addition, this final rule is not approved to apply on any Indian 
reservation land or in any other area where the 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 25, 2018. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Commercial and 
industrial solid waste incineration, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Dated: April 13, 2018.
Douglas Benevento,
Regional Administrator, Region 8.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
62 as set forth below:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart JJ--North Dakota

0
2. Subpart JJ is amended by revising Sec. Sec.  62.8630, 62.8631 and 
62.8632 to read as follows:


Sec.  62.8630   Identification of plan.

    North Dakota ``Amended Section 111(d)/129 Plan for Commercial and 
Industrial Solid Waste Incineration Units,'' and the associated State 
regulation as it is incorporated in the North Dakota Administrative 
Code under the State's Standards of Performance for New Stationary 
Sources, Chapter 33-15-12-02, subpart DDDD. The plan and associated 
regulation were submitted by the State on June 12, 2014.


Sec.  62.8631   Identification of sources.

    The amended plan applies to each existing commercial and industrial 
solid waste incinerator unit and air curtain incinerator in the State 
of North Dakota that commenced construction on or before June 4, 2010, 
or commenced modification or reconstruction after

[[Page 17925]]

June 4, 2010, but no later than August 7, 2013, as such incinerator 
units are defined in Sec.  60.2875 of 40 CFR part 60. The plan applies 
only to units not exempt under the conditions of Sec.  60.2555 of that 
part.


Sec.  62.8632   Effective date.

    The federally enforceable effective date of the amended section 
111(d)/129 plan for commercial and industrial solid waste incineration 
units is May 25, 2018.

[FR Doc. 2018-08621 Filed 4-24-18; 8:45 am]
 BILLING CODE 6560-50-P