[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Proposed Rules]
[Pages 3656-3658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01492]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2017-0698; FRL-9972-54-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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a Clean Air Act (CAA) section 111(d)/129 plan (the ``plan'') 
submitted by the Division of Air Quality of the North Dakota Department 
of Health (the ``Department'') on June 12, 2014. The plan would allow 
for the implementation of emissions guidelines for existing commercial 
and industrial solid waste incineration (CISWI) units within the 
jurisdiction of the State of North Dakota. The plan creates new 
enforceable emissions limits and operating procedures for existing 
CISWI units within the State of North Dakota in accordance with the 
requirements established by the revised CISWI new source performance 
standards (NSPS) and emission guidelines (EG), promulgated by the EPA 
on March 21, 2011, with subsequent final amendments to the rule 
promulgated on February 7, 2013. This proposed plan approval rulemaking 
is being taken in accordance with the requirements of sections 111(d) 
and 129 of the CAA and the relevant parts and subparts of the Code of 
Federal Regulations (CFR).

DATES: Written comments must be received on or before February 26, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2017-0698 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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

[[Page 3657]]

80202-1129, (303) 312-6396, [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit CBI to the EPA through http://www.regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information on a disk or CD-ROM that you mail to the 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:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register volume, 
date, and page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your 
requested changes;
     Describe any assumptions and provide any technical 
information and/or data that you used;
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced;
     Provide specific examples to illustrate your concerns, and 
suggest alternatives;
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats; and,
     Make sure to submit your comments by the comment period 
deadline identified.

II. 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 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 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 unit. 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 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 state plans include essential elements pursuant to 
section 129 requirements, including: Monitoring, operator training and 
facility permitting requirements.
    The current North Dakota state plan was submitted in May 2003 and 
approved and promulgated on September 17, 2003 (68 FR 54374), under 40 
CFR part 62, subpart JJ in response to the original CISWI rule as it 
was promulgated on December 1, 2000 (65 FR 75338). Due to the most 
recent revisions to the CISWI rule, the State of North Dakota is 
required to revise and resubmit its state plan for the EPA approval 
with respect to the updated EG requirements. On June 12, 2014, the 
Department submitted to the EPA revisions to the current North Dakota 
state plan for existing CISWI units within the state's jurisdiction.

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

    The EPA has completed a review of the revised North Dakota section 
111(d)/129 plan submittal in the context of the requirements of 40 CFR 
part 60, subparts B and DDDD, and part 62, subpart A. The EPA has 
determined that the plan submittal meets the requirements found in the 
above-cited subparts. Accordingly, the EPA proposes to approve the 
submitted state plan. The EPA's proposed approval action is limited to 
the revised CISWI state plan submittal and the subpart DDDD ``Model 
Rule'' addressing CISWI units as it is incorporated by the State of 
North Dakota in the North Dakota Administrative Code (NDAC) Chapter 33-
15-12-02, subpart DDDD. A detailed summary of the submittal's 
compliance with the requirements found in the CFR is available in the 
technical support document (TSD) associated with this rulemaking 
action. The TSD, as well as the complete North Dakota submittal 
package, will be available in the docket for this rulemaking action and 
may be found at the www.regulations.gov website.

IV. Proposed Action

    The EPA is proposing approval of the North Dakota 111(d)/129 state 
plan for existing CISWI units because the plan requirements are at 
least as stringent as the requirements for existing CISWI units found 
in 40 CFR part 60, subpart DDDD. The state plan was submitted pursuant 
to 40 CFR part 60, subparts DDDD and B, and part 62, subpart A. 
Accordingly, the EPA proposes to amend 40 CFR part 62, subpart JJ to 
reflect the acceptability of the state plan submittal. This proposed 
approval is limited to the provisions of 40 CFR parts 60 and 62 for 
existing CISWI units, as found in the emission guidelines of Part 60, 
subpart DDDD. The EPA Administrator will retain the authorities listed 
under Sec. Sec.  60.2542 and 60.2030(c).

[[Page 3658]]

V. Statutory and Executive Order Review

    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 at 40 CFR 62.04. 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. 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 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 proposed 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).

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: January 22, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018-01492 Filed 1-25-18; 8:45 am]
 BILLING CODE 6560-50-P


