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, 3656-3658 [2018-01492]
Download as PDF
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Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Proposed Rules
tss = The average temperature during the
collection period at the sampling site (K).
UNTP = The method defined diffusive uptake
rate (sampling rate) (mL/min).
Note: Diffusive uptake rates (Ustd) for
common VOCs, using carbon sorbents packed
into sorbent tubes of the dimensions
specified in Section 6.1, are listed in Table
12.1. Adjust analytical conditions to keep
expected sampled masses within range (see
Sections 11.3.1.3 to 11.3.1.5). Best possible
method detection limits are typically in the
order of 0.1 ppb for 1,3-butadiene and 0.05
ppb for volatile aromatics such as benzene
for 14-day monitoring. However, actual
detection limits will depend upon the
analytical conditions selected.
*
*
*
*
*
TABLE 17.1—SUMMARY OF GC/MS ANALYSIS QUALITY CONTROL PROCEDURES
Parameter
Frequency
Acceptance criteria
Corrective action
Bromofluorobenzene
Instrument
Tune Performance Check.
Five point calibration bracketing
the expected sample concentration.
Daily a prior to sample analysis ....
Evaluation criteria presented in
Section 9.5 and Table 9.2.
(1) Percent Deviation (%DEV) of
response factors ±30%.
(2) Relative Retention Times
(RRTs) for target peaks ±0.06
units from mean RRT.
Calibration Verification (CCV Second
source
calibration
verification check).
Laboratory Blank Analysis .............
Following the calibration curve .....
(1) Retune and or
(2) Perform Maintenance.
(1) Repeat calibration sample
analysis.
(2) Repeat linearity check.
(3) Prepare new calibration standards as necessary and repeat
analysis.
(1) Repeat calibration check.
(2) Repeat calibration curve.
Blank Sorbent Tube Certification ...
Following any major change, repair or maintenance or if daily
CCV does not meet method requirements. Recalibration not to
exceed three months.
Daily a following bromofluoro- benzene and calibration check;
prior to sample analysis.
Samples—Internal Standards ........
One tube analyzed for each batch
of tubes cleaned or 10 percent
of tubes whichever is greater.
All samples ...................................
Field Blanks ...................................
Two per sampling period ..............
a Every
*
(1) Repeat analysis with new
blank tube.
(2) Check system for leaks, contamination.
(3) Analyze additional blank.
Re-clean all tubes in batch and
reanalyze.
Flag Data for possible invalidation.
Flag Data for possible invalidation
due to high blank bias.
24 hours.
*
*
*
*
[FR Doc. 2018–00470 Filed 1–25–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R08–OAR–2017–0698; FRL–9972–54Region 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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
daltland on DSKBBV9HB2PROD with PROPOSALS
The response factor ±30% DEV
from calibration curve average
response factor.
(1) ≤0.2 ppbv per analyte or ≤3
times the LOD, whichever is
greater.
(2) Internal Standard (IS) area response ±40% and IS Retention
Time (RT) ±0.33 min. of most
recent calibration check.
<0.2 ppbv per VOC targeted compound or 3 times the LOD,
whichever is greater.
IS area response ±40% and IS
RT ±0.33 min. of most recent
calibration validation.
No greater than one-third of the
measured target analyte or
compliance limit..
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
SUMMARY:
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19:24 Jan 25, 2018
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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 https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
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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
https://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
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80202–1129, (303) 312–6396,
lohrke.gregory@epa.gov.
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 https://
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.
daltland on DSKBBV9HB2PROD with PROPOSALS
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
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19:24 Jan 25, 2018
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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
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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 §§ 60.2542 and 60.2030(c).
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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
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19:24 Jan 25, 2018
Jkt 244001
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
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Robert McNally, Biopesticides and
Pollution Prevention Division (7511P),
main telephone number: (703) 305–
7090; email address: BPPDFRNotices@
epa.gov., Michael Goodis, Registration
Division (7505P), main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov. The mailing
address for each contact person is:
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001.
SUPPLEMENTARY INFORMATION:
I. General Information
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0006; FRL–9971–46]
Receipt of Several Pesticide Petitions
Filed for Residues of Pesticide
Chemicals in or on Various
Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice of filing of petitions and
request for comment.
AGENCY:
This document announces the
Agency’s receipt of several initial filings
of pesticide petitions requesting the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before February 26, 2018.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number and the pesticide petition
number (PP) of interest as shown in the
body of this document, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
SUMMARY:
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Fmt 4702
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A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
If you have any questions regarding
the applicability of this action to a
particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT for the division listed at the
end of the pesticide petition summary of
interest.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. 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
E:\FR\FM\26JAP1.SGM
26JAP1
Agencies
[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 https://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 https://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 https://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