[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Rules and Regulations]
[Pages 35406-35408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14198]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2021-0187; FRL-10024-23-Region 8]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; North Dakota; Control of Emissions From 
Existing Municipal Solid Waste Landfills; Control of Emissions From 
Existing Commercial and Industrial Solid Waste Incineration Units; 
Negative Declaration of Existing Hospital/Medical/Infectious Waste 
Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a Clean 
Air Act (CAA or the ``Act'') section 111(d) state plan submitted by the 
North Dakota Department of Environmental Quality (NDDEQ or the 
``Department'') on July 28, 2020 for the control of air pollutants from 
existing municipal solid waste (MSW) landfills. The EPA is also 
approving a CAA section 111(d)/129 state plan submitted by the 
Department on the same date for the control of air pollutants from 
existing commercial and industrial solid waste incineration (CISWI) 
units and air curtain incinerator (ACI) units. The North Dakota state 
plans establish performance standards and operating requirements for 
existing MSW landfills, CISWI units and ACI units within the State of 
North Dakota and provide for the implementation and enforcement of 
those standards and requirements by the Department. Finally, the EPA is 
also approving withdrawal of the North Dakota CAA section 111(d)/129 
state plan for the control of air pollutants from existing hospital/
medical/infectious waste incineration (HMIWI) units. The EPA is 
approving this plan withdrawal following North Dakota's May 8, 2019 
submittal of a negative declaration of existing HMIWI units in the 
State of North Dakota, and will be promulgating the State's negative 
declaration in lieu of a CAA section 111(d)/129 state plan for HMIWI 
units. The EPA is taking these actions pursuant to requirements of the 
CAA.

DATES: This rule is effective on August 5, 2021. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register as of August 5, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2021-0187. 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 and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-TRM, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, telephone number: (303) 312-6396, email 
address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our March 
26, 2021 proposed rule (86 FR 16173). In that document we proposed to 
approve the North Dakota CAA section 111(d) state plan for existing MSW 
landfills and the North Dakota CAA section 111(d)/129 state plan for 
existing CISWI units as the plans were submitted by the NDDEQ on July 
28, 2020. That document also proposed approval of the North Dakota 
withdrawal of a previously approved CAA section 111(d)/129 state plan 
for existing HMIWI units and publication of the State's negative 
declaration of existing HMIWI units in lieu of a state plan. The EPA's 
analysis of the two North Dakota state plans and the negative 
declaration of designated sources may be found in the aforementioned 
proposed rule and the technical support document (TSD) associated with 
the docket for today's action. Comments on the EPA's proposed approvals 
of the state plans for existing CISWI units and MSW landfills and 
approval of the negative declaration in lieu of a state plan for 
existing HMIWI units were due on or before April 26, 2021. We received 
no comments on our proposed actions. Therefore, the EPA will proceed 
with these plan approvals without changes.

II. Final Action

    The EPA is finalizing approval of the North Dakota section 111(d) 
state plan for existing MSW landfills pursuant to 40 CFR part 60, 
subparts B and Cf. We are also finalizing approval of the North Dakota 
section 111(d)/129 state plan for existing CISWI units pursuant to 40 
CFR part 60, subparts B and DDDD. Finally, we are finalizing approval 
of the State's negative declaration of existing HMIWI units in lieu of 
a state plan for such units as designated by 40 CFR part 60, subpart 
Ce. Therefore, the EPA is amending 40 CFR part 62, subpart JJ to 
reflect this approval action. This approval is based on the rationale 
provided in section II of the proposed rule for this action (86 FR 
16173) and discussed in detail in the TSD associated with this 
rulemaking action.\1\ The scope of this approval is limited to the 
provisions of 40 CFR parts 60 and 62. The EPA's proposed approval of 
the two North Dakota plans is limited to those MSW landfills that meet 
the criteria established in 40 CFR part 60, subparts Cf and those CISWI 
units and ACI units that meet the criteria

[[Page 35407]]

established in 40 CFR part 60, subpart DDDD.
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    \1\ EPA Document ID No. EPA-R08-OAR-2021-0187-0002, available at 
www.regulations.gov.
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    The EPA Administrator continues to retain authority for approval of 
alternative methods to determine the nonmethane organic compound 
concentration or a site-specific methane generation rate constant (k), 
as stipulated in 40 CFR 60.30f(c). The EPA Administrator also retains 
those authorities related to designated CISWI and ACI units that will 
not be delegated to state, local or tribal authorities as listed in 40 
CFR 60.2542.

III. Incorporation by Reference

    In accordance with the requirements of 1 CFR 51.5, we are 
finalizing regulatory text that includes the incorporation by reference 
of subparts Cf and DDDD of chapter 33.1-15-12, section 2 of the North 
Dakota Administrative Code (NDAC) as effective on July 1, 2020. 
Subparts Cf and DDDD are part of the North Dakota CAA section 111(d) 
state plan applicable to existing MSW landfills and the section 111(d)/
129 state plan for existing CISWI units, respectively. The regulatory 
provisions of these sections of the NDAC incorporate the required 
111(d) and 111(d)/129 state plan elements required by the emission 
guidelines (EG) for existing MSW landfills and CISWI units promulgated 
at 40 CFR part 60, subparts Cf and DDDD. The incorporations establish 
emission standards and compliance times for the control of air 
pollutants from certain MSW landfills that commenced construction, 
modification, or reconstruction on or before July 17, 2014 and 
designated CISWI and ACI units that commenced construction on or before 
June 4, 2010 or commenced modification or reconstruction no later than 
August 7, 2013. The emissions standards and compliance times 
established within these NDAC sections and the North Dakota state plans 
are at least as stringent as those required by the EG for existing MSW 
landfills and CISWI units. The EPA has made, and will continue to make, 
NDAC section 33.1-15-12-02 (as well as the North Dakota state plan 
documents for existing MSW landfills and CISWI units) generally 
available electronically through www.regulations.gov, Docket No. EPA-
R08-OAR-2021-0187 and in hard copy at the EPA Region 8 office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). This incorporation by 
reference has been approved by the Office of the Federal Register and 
the Plans are federally enforceable under the CAA as of the effective 
date of this final rulemaking.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve 
section 111(d) state plan submissions that comply with the provisions 
of the Act and applicable Federal regulations. 42 U.S.C. 7411(d); 40 
CFR part 60, subparts B, Cf and DDDD; and 40 CFR part 62, subpart A. 
Thus, in reviewing CAA section 111(d) state plan submissions, the EPA's 
role is to approve state choices, provided that they meet the criteria 
of the Act and implementing regulations. 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 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, 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).
    In addition, the CAA section 111(d) Plans are not approved to apply 
in Indian country, as defined at 18 U.S.C. 1151, located in the state. 
As such, this rule does not have tribal implications, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), and it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    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 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 September 7, 2021. 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 in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Commercial and industrial solid waste 
incineration, Hospital medical and infectious waste incineration, 
Incorporation by reference, Intergovernmental relations, Methane, 
Municipal solid waste landfill, Reporting and recordkeeping 
requirements.

    Dated: June 28, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 62 is amended as follows:

[[Page 35408]]

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. Revise Sec. Sec.  62.8600, 62.8601, and 62.8602 to read as follows:


Sec.  62.8600  Identification of plan.

    Section 111(d) State Plan for Municipal Solid Waste Landfills and 
the associated State regulations contained in the North Dakota 
Administrative Code (NDAC) at 33.1-15-12-02, subpart Cf (incorporated 
by reference, see Sec.  62.8700), submitted by the State on July 28, 
2020.


Sec.  62.8601  Identification of sources.

    The plan applies to all existing municipal solid waste landfills 
under the jurisdiction of the North Dakota Department of Environmental 
Quality for which construction, reconstruction, or modification was 
commenced on or before July 17, 2014, and are subject to the 
requirements of 40 CFR part 60, subpart Cf.


Sec.  62.8602  Effective date.

    The effective date of the plan for existing municipal solid waste 
landfills is August 5, 2021.

0
3. Revise Sec.  62.8610 to read as follows:


Sec.  62.8610  Identification of plan--negative declaration.

    The State of North Dakota submitted a letter on May 8, 2019 
certifying that there are no designated facilities subject to the 
emission guidelines for existing hospital medical infectious waste 
incinerators under 40 CFR part 60, subpart Ce operating within the 
State's jurisdiction.


Sec. Sec.  62.8611 and 62.8612  [Removed]

0
4. Remove Sec. Sec.  62.8611 and 62.8612.

0
5. Revise Sec. Sec.  62.8630, 62.8631, and 62.8632 to read as follows:


Sec.  62.8630  Identification of plan.

    Amended section 111(d)/129 State Plan for Commercial and Industrial 
Solid Waste Incineration Units and the associated State regulations 
contained in the North Dakota Administrative Code (NDAC) at 33.1-15-12-
02, subpart DDDD (incorporated by reference, see Sec.  62.8700), 
submitted by the State on July 28, 2020.


Sec.  62.8631  Identification of sources.

    The plan applies to all existing commercial and industrial solid 
waste incineration units and air curtain incinerators under the 
jurisdiction of the North Dakota Department of Environmental Quality 
for which construction commenced on or before June 4, 2010, or for 
which modification or reconstruction commenced no later than August 7, 
2013, and are subject to the requirements of 40 CFR part 60, subpart 
DDDD.


Sec.  62.8632  Effective date.

    The effective date of the plan for existing commercial and 
industrial solid waste incineration units is August 5, 2021.

0
6. Add an undesignated center heading and Sec.  62.8700 to read as 
follows:

Incorporation by Reference


Sec.  62.8700  Incorporation by reference.

    (a) The material incorporated by reference in this subpart was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. The material may be inspected or 
obtained from the EPA Region 8 office, 1595 Wynkoop Street, Denver, CO 
80202-1129, 303-312-6312 or from the other sources listed in this 
section. It may also be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected] or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) State of North Dakota, Legislative Council, 600 E Boulevard 
Ave., Bismarck, ND 58505-0360, (701) 328-2916, https://legis.nd.gov/agency-rules/north-dakota-administrative-code; North Dakota 
Administrative Code (NDAC).
    (1) NDAC 33.1-15-12-02, subpart Cf., Title 33.1 North Dakota 
Department of Environmental Quality, Article 33.1-15 Air Pollution 
Control, Chapter 33.1-15-12--Standards of Performance for New 
Stationary Sources, Section 33.1-15-12-02 Standards of performance, 
Subpart Cf--Emission guidelines and compliance times for municipal 
solid waste landfills, effective July 1, 2020; IBR approved for Sec.  
62.8600.
    (2) NDAC 33.1-15-12-02, subpart DDDD. Title 33.1 North Dakota 
Department of Environmental Quality, Article 33.1-15 Air Pollution 
Control, Chapter 33.1-15-12--Standards of Performance for New 
Stationary Sources, Section 33.1-15-12-02 Standards of performance, 
Subpart DDDD--Emission guidelines and compliance times commercial and 
industrial solid waste incineration units, effective July 1, 2020; IBR 
approved for Sec.  62.8630.

[FR Doc. 2021-14198 Filed 7-2-21; 8:45 am]
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