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 3656 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: VerDate Sep<11>2014 19:24 Jan 25, 2018 Jkt 244001 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 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 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 E:\FR\FM\26JAP1.SGM 26JAP1 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Proposed Rules 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 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. 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 VerDate Sep<11>2014 19:24 Jan 25, 2018 Jkt 244001 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 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 3657 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). E:\FR\FM\26JAP1.SGM 26JAP1 3658 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Proposed Rules daltland on DSKBBV9HB2PROD with PROPOSALS 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 VerDate Sep<11>2014 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 http:// 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: http:// 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 http:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, SUMMARY: PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 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]


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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