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, 17923-17925 [2018-08621]
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Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Rules and Regulations
§ 111.4
[Amended]
3. Amend § 111.4 by removing ‘‘June
23, 2017’’ and adding ‘‘April 25, 2018’’
in its place.
■
Ruth Stevenson,
Attorney, Federal Compliance.
[FR Doc. 2018–08686 Filed 4–24–18; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
I. Background Information
40 CFR Part 62
[EPA–R08–OAR–2017–0698; FRL–9976–58Region 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: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revised
state plan (the ‘‘plan’’) submitted by the
North Dakota Department of Health (the
‘‘Department’’) for the regulation of
existing commercial and industrial solid
waste incineration (CISWI) units within
the jurisdiction of the State of North
Dakota. The Department submitted the
plan to the EPA for approval following
the promulgation of federal new source
performance standards (NSPS) and
emission guidelines (EG) for CISWI
units on March 21, 2011, and the
subsequent, limited revisions to that
final rule published on February 7,
2013, and June 23, 2016. This plan
approval final rulemaking action is
being taken in accordance with sections
111(d) and 129 of the Clean Air Act
(CAA, or the ‘‘Act’’).
DATES: This final rule is effective on
May 25, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2017–0698. All
documents in the docket are listed on
the https://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 https://
www.regulations.gov, or please contact
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
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the person identified in the FOR FURTHER
section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Gregory Lohrke, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6396,
lohrke.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT
Sections 111 and 129 of the CAA
outline the EPA’s statutory authority for
regulating new and existing solid waste
incineration units. Section 111(b)
directs the EPA Administrator (the
‘‘Administrator’’) to publish and
periodically revise a list of source
categories which significantly cause or
contribute to air pollution. This
subsection also directs the
Administrator to establish federal
standards of performance for new
sources within these categories. Section
111(d) grants the EPA statutory
authority to require states to submit to
the agency implementation plans for
establishing performance standards
applicable to existing sources belonging
to those categories established in section
111(b). Section 129 of the CAA
specifically addresses solid waste
combustion and requires that the EPA
regulate new and existing waste
incineration units pursuant to section
111 of the Act, including the
requirement that a state in which
existing designated facilities operate,
submit for approval, a state plan for
each category of regulated waste
incineration units. Section 129(b)(3)
requires the EPA to promulgate a federal
plan for existing waste incineration
units of any designated category located
in any state which has not submitted an
approvable 111(d)/129 state plan for
said category of waste incineration
units. Such federal plans remain in
effect until the state in question submits
a new or revised state plan and
subsequently receives approval and
promulgation of the plan under 40 CFR
part 62.
State plan submittals under CAA
sections 111(d) and 129 must be
consistent with the relevant new or
revised EG. Section 129(a)(1)(D) of the
Act requires the EPA to develop and
periodically revise operating standards
for new and existing CISWI units. The
original NSPS and EG for CISWI units
were promulgated on December 1, 2000,
at 40 CFR part 60, subparts CCCC and
DDDD, respectively. Revisions to the
CISWI NSPS and EG were subsequently
promulgated by the EPA on March 21,
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17923
2011 (76 FR 15704), with final actions
on reconsideration of the rule published
on February 7, 2013 (78 FR 9112), and
June 23, 2016 (81 FR 40956). State plan
requirements specific to CISWI units,
along with a model rule to ease
adoption of the EG, are found in subpart
DDDD, while more general state plan
requirements are found in 40 CFR part
60, subpart B, and part 62, subpart A.
The guidelines found in subpart DDDD
require that states impose emission
limits on designated facilities for those
pollutants regulated under section 129,
including: dioxins/furans, carbon
monoxide, metals (cadmium, lead and
mercury), hydrogen chloride, sulfur
dioxide, oxides of nitrogen, opacity and
particulate matter. The EG also requires
that state plans include essential
elements pursuant to section 129
requirements, including monitoring,
operator training and facility permitting
requirements.
On June 12, 2014, the Department
submitted to the EPA a revised section
111(d)/129 state plan for existing CISWI
units in the State of North Dakota. The
current state plan received final
approval and was promulgated on
September 17, 2003 (68 FR 54374), at 40
CFR part 62, subpart JJ. Pursuant to each
state’s obligations following the revision
of the CISWI rule, the State of North
Dakota has revised their state
rulemaking, and has submitted a revised
state plan document as well as a
demonstration of legal and enforcement
authority to comply with CAA section
111/129 requirements.
II. Summary of North Dakota’s Revised
Section 111(d)/129 Plan for Existing
CISWI Units
The EPA has completed a review of
the revised North Dakota section 111(d)/
129 state plan for existing CISWI units.
The EPA has determined that the plan
submittal meets the requirements found
in 40 CFR part 60, subparts B and
DDDD, and those of part 62, subpart A
of that title. Accordingly, the EPA is
approving the submitted revised plan as
proposed. See 83 FR 3656 (January 26,
2018). The EPA’s final approval action
is limited to the revised North Dakota
CISWI state plan document, submitted
to the EPA on June 12, 2014, and the
subpart DDDD ‘‘Model Rule’’ as it was
incorporated by the State in the North
Dakota Administrative Code (NDAC) at
Chapter 33–15–12–02, subpart DDDD. A
detailed summary of the submittal’s
compliance with the EG and other
federal regulatory requirements is
available in the technical support
document (TSD) associated with this
rulemaking action. The TSD is available
in the docket for this rulemaking action
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and may be found at the https://
www.regulations.gov website.
III. Response to Public Comments
This rule will be finalized as
proposed without revisions. The EPA
received five anonymous public
comments on the proposed approval of
the revised North Dakota CISWI state
plan. After reviewing the comments, the
EPA has determined that the comments
are outside the scope of our proposed
action or fail to identify any material
issue necessitating a response. All
public comments received on this
rulemaking action are available for
review by the public and may be viewed
by following the instructions for access
to docket materials as outlined in the
ADDRESSES section of the preamble.
IV. Final Action
The EPA is approving North Dakota’s
amended section 111(d)/129 state plan
for existing CISWI units. The North
Dakota state plan requirements being
approved today are at least as stringent
as the requirements for existing CISWI
units found in 40 CFR part 60, subpart
DDDD. Therefore, the EPA is amending
40 CFR part 62, subpart JJ to reflect the
approved revisions to North Dakota’s
previously approved, current CISWI
state plan. The EPA is limiting the scope
of the plan approval to the provisions of
40 CFR parts 60 and 62 for existing
CISWI units, as found in the EG at 40
CFR part 60, subpart DDDD. The
Administrator retains the authorities as
listed under 40 CFR 60.2542 and
60.2030(c).
sradovich on DSK3GMQ082PROD with RULES
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a section 111(d)/129
plan submission that complies with the
provisions of the Act and applicable
federal regulations. Thus, in reviewing
section 111(d)/129 plan submissions,
the EPA’s role is to approve state
choices, provided that they meet the
criteria of the CAA and are not
specifically disapproved. Accordingly,
this action merely finalizes approval of
state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not expected to be an Executive
Order 13771 regulatory action because
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this action is not significant under
Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and,
• Is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994)
because it does not establish an
environmental health or safety standard.
In addition, this final rule is not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
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‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 25, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Commercial and
industrial solid waste incineration,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: April 13, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
62 as set forth below:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ—North Dakota
2. Subpart JJ is amended by revising
§§ 62.8630, 62.8631 and 62.8632 to read
as follows:
■
§ 62.8630
Identification of plan.
North Dakota ‘‘Amended Section
111(d)/129 Plan for Commercial and
Industrial Solid Waste Incineration
Units,’’ and the associated State
regulation as it is incorporated in the
North Dakota Administrative Code
under the State’s Standards of
Performance for New Stationary
Sources, Chapter 33–15–12–02, subpart
DDDD. The plan and associated
regulation were submitted by the State
on June 12, 2014.
§ 62.8631
Identification of sources.
The amended plan applies to each
existing commercial and industrial solid
waste incinerator unit and air curtain
incinerator in the State of North Dakota
that commenced construction on or
before June 4, 2010, or commenced
modification or reconstruction after
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June 4, 2010, but no later than August
7, 2013, as such incinerator units are
defined in § 60.2875 of 40 CFR part 60.
The plan applies only to units not
exempt under the conditions of
§ 60.2555 of that part.
§ 62.8632
Effective date.
The federally enforceable effective
date of the amended section 111(d)/129
plan for commercial and industrial solid
waste incineration units is May 25,
2018.
[FR Doc. 2018–08621 Filed 4–24–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0661; FRL–9974–42]
Chlormequat Chloride; Pesticide
Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of chlormequat
chloride in or on multiple commodities
which are identified and discussed later
in this document. Taminco US LLC, a
subsidiary of Eastman Chemical
Company requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective April
25, 2018. Objections and requests for
hearings must be received on or before
June 25, 2018, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0661, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
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).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2016–0661 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before June 25, 2018. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
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17925
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2016–0661, 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 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,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of February 7,
2017 (82 FR 9555) (FRL–9956–86), EPA
issued a document pursuant to FFDCA
section 408(d)(3), 21 U.S.C. 346a(d)(3),
announcing the filing of a pesticide
petition (PP 6E8495) by Taminco US
LLC, a subsidiary of Eastman Chemical
Company, Two Windsor Plaza, Suite
400, 7540 Windsor Dr., Allentown, PA
18195. The petition requested that 40
CFR part 180 be amended by
establishing tolerances for residues of
the plant regulator chlormequat chloride
in or on barley grain at 3 parts per
million (ppm); bovine, sheep, goat-fat at
0.06 ppm; bovine, sheep, goat-kidney at
0.5 ppm; bovine, sheep, goat-liver at
0.15 ppm; bovine, sheep, goat-muscle at
0.2 ppm; cattle-milk at 0.5 ppm; eggs at
0.1 ppm; oat grain at 15 ppm; poultryfat at 0.03 ppm; poultry-liver at 0.1
ppm; poultry-muscle at 0.04 ppm;
swine-fat at 0.02 ppm; swine-kidney at
0.5 ppm; swine-liver at 0.15 ppm;
swine-muscle at 0.2 ppm; and wheat
grain at 4 ppm. That document
referenced a summary of the petition
prepared by Taminco US LLC, the
registrant, which is available in the
docket, https://www.regulations.gov.
Comments were received on the notice
of filing. EPA’s response to these
comments is discussed in Unit IV.C.
Based upon review of the data
supporting the petition, EPA has
modified the levels at which some of the
tolerances are being established as well
as the commodities for which tolerances
are being established. The reasons for
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]]>Agencies
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Rules and Regulations]
[Pages 17923-17925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08621]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R08-OAR-2017-0698; FRL-9976-58-Region 8]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; North Dakota; Control of Emissions From
Existing Commercial and Industrial Solid Waste Incineration Units
AGENCY: Environmental Protection Agency (EPA)
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revised state plan (the ``plan'') submitted by the North Dakota
Department of Health (the ``Department'') for the regulation of
existing commercial and industrial solid waste incineration (CISWI)
units within the jurisdiction of the State of North Dakota. The
Department submitted the plan to the EPA for approval following the
promulgation of federal new source performance standards (NSPS) and
emission guidelines (EG) for CISWI units on March 21, 2011, and the
subsequent, limited revisions to that final rule published on February
7, 2013, and June 23, 2016. This plan approval final rulemaking action
is being taken in accordance with sections 111(d) and 129 of the Clean
Air Act (CAA, or the ``Act'').
DATES: This final rule is effective on May 25, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2017-0698. All documents in the docket are
listed on the https://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 https://www.regulations.gov, or please contact the person identified in the For
Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6396,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background Information
Sections 111 and 129 of the CAA outline the EPA's statutory
authority for regulating new and existing solid waste incineration
units. Section 111(b) directs the EPA Administrator (the
``Administrator'') to publish and periodically revise a list of source
categories which significantly cause or contribute to air pollution.
This subsection also directs the Administrator to establish federal
standards of performance for new sources within these categories.
Section 111(d) grants the EPA statutory authority to require states to
submit to the agency implementation plans for establishing performance
standards applicable to existing sources belonging to those categories
established in section 111(b). Section 129 of the CAA specifically
addresses solid waste combustion and requires that the EPA regulate new
and existing waste incineration units pursuant to section 111 of the
Act, including the requirement that a state in which existing
designated facilities operate, submit for approval, a state plan for
each category of regulated waste incineration units. Section 129(b)(3)
requires the EPA to promulgate a federal plan for existing waste
incineration units of any designated category located in any state
which has not submitted an approvable 111(d)/129 state plan for said
category of waste incineration units. Such federal plans remain in
effect until the state in question submits a new or revised state plan
and subsequently receives approval and promulgation of the plan under
40 CFR part 62.
State plan submittals under CAA sections 111(d) and 129 must be
consistent with the relevant new or revised EG. Section 129(a)(1)(D) of
the Act requires the EPA to develop and periodically revise operating
standards for new and existing CISWI units. The original NSPS and EG
for CISWI units were promulgated on December 1, 2000, at 40 CFR part
60, subparts CCCC and DDDD, respectively. Revisions to the CISWI NSPS
and EG were subsequently promulgated by the EPA on March 21, 2011 (76
FR 15704), with final actions on reconsideration of the rule published
on February 7, 2013 (78 FR 9112), and June 23, 2016 (81 FR 40956).
State plan requirements specific to CISWI units, along with a model
rule to ease adoption of the EG, are found in subpart DDDD, while more
general state plan requirements are found in 40 CFR part 60, subpart B,
and part 62, subpart A. The guidelines found in subpart DDDD require
that states impose emission limits on designated facilities for those
pollutants regulated under section 129, including: dioxins/furans,
carbon monoxide, metals (cadmium, lead and mercury), hydrogen chloride,
sulfur dioxide, oxides of nitrogen, opacity and particulate matter. The
EG also requires that state plans include essential elements pursuant
to section 129 requirements, including monitoring, operator training
and facility permitting requirements.
On June 12, 2014, the Department submitted to the EPA a revised
section 111(d)/129 state plan for existing CISWI units in the State of
North Dakota. The current state plan received final approval and was
promulgated on September 17, 2003 (68 FR 54374), at 40 CFR part 62,
subpart JJ. Pursuant to each state's obligations following the revision
of the CISWI rule, the State of North Dakota has revised their state
rulemaking, and has submitted a revised state plan document as well as
a demonstration of legal and enforcement authority to comply with CAA
section 111/129 requirements.
II. Summary of North Dakota's Revised Section 111(d)/129 Plan for
Existing CISWI Units
The EPA has completed a review of the revised North Dakota section
111(d)/129 state plan for existing CISWI units. The EPA has determined
that the plan submittal meets the requirements found in 40 CFR part 60,
subparts B and DDDD, and those of part 62, subpart A of that title.
Accordingly, the EPA is approving the submitted revised plan as
proposed. See 83 FR 3656 (January 26, 2018). The EPA's final approval
action is limited to the revised North Dakota CISWI state plan
document, submitted to the EPA on June 12, 2014, and the subpart DDDD
``Model Rule'' as it was incorporated by the State in the North Dakota
Administrative Code (NDAC) at Chapter 33-15-12-02, subpart DDDD. A
detailed summary of the submittal's compliance with the EG and other
federal regulatory requirements is available in the technical support
document (TSD) associated with this rulemaking action. The TSD is
available in the docket for this rulemaking action
[[Page 17924]]
and may be found at the https://www.regulations.gov website.
III. Response to Public Comments
This rule will be finalized as proposed without revisions. The EPA
received five anonymous public comments on the proposed approval of the
revised North Dakota CISWI state plan. After reviewing the comments,
the EPA has determined that the comments are outside the scope of our
proposed action or fail to identify any material issue necessitating a
response. All public comments received on this rulemaking action are
available for review by the public and may be viewed by following the
instructions for access to docket materials as outlined in the
ADDRESSES section of the preamble.
IV. Final Action
The EPA is approving North Dakota's amended section 111(d)/129
state plan for existing CISWI units. The North Dakota state plan
requirements being approved today are at least as stringent as the
requirements for existing CISWI units found in 40 CFR part 60, subpart
DDDD. Therefore, the EPA is amending 40 CFR part 62, subpart JJ to
reflect the approved revisions to North Dakota's previously approved,
current CISWI state plan. The EPA is limiting the scope of the plan
approval to the provisions of 40 CFR parts 60 and 62 for existing CISWI
units, as found in the EG at 40 CFR part 60, subpart DDDD. The
Administrator retains the authorities as listed under 40 CFR 60.2542
and 60.2030(c).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a section
111(d)/129 plan submission that complies with the provisions of the Act
and applicable federal regulations. Thus, in reviewing section 111(d)/
129 plan submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA and are not
specifically disapproved. Accordingly, this action merely finalizes
approval of state law as meeting federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not expected to be an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
Is not subject to Executive Order 12898 (59 FR 7629,
February 16, 1994) because it does not establish an environmental
health or safety standard.
In addition, this final rule is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 25, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Commercial and
industrial solid waste incineration, Intergovernmental relations,
Reporting and recordkeeping requirements.
Dated: April 13, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
For the reasons stated in the preamble, the EPA amends 40 CFR part
62 as set forth below:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ--North Dakota
0
2. Subpart JJ is amended by revising Sec. Sec. 62.8630, 62.8631 and
62.8632 to read as follows:
Sec. 62.8630 Identification of plan.
North Dakota ``Amended Section 111(d)/129 Plan for Commercial and
Industrial Solid Waste Incineration Units,'' and the associated State
regulation as it is incorporated in the North Dakota Administrative
Code under the State's Standards of Performance for New Stationary
Sources, Chapter 33-15-12-02, subpart DDDD. The plan and associated
regulation were submitted by the State on June 12, 2014.
Sec. 62.8631 Identification of sources.
The amended plan applies to each existing commercial and industrial
solid waste incinerator unit and air curtain incinerator in the State
of North Dakota that commenced construction on or before June 4, 2010,
or commenced modification or reconstruction after
[[Page 17925]]
June 4, 2010, but no later than August 7, 2013, as such incinerator
units are defined in Sec. 60.2875 of 40 CFR part 60. The plan applies
only to units not exempt under the conditions of Sec. 60.2555 of that
part.
Sec. 62.8632 Effective date.
The federally enforceable effective date of the amended section
111(d)/129 plan for commercial and industrial solid waste incineration
units is May 25, 2018.
[FR Doc. 2018-08621 Filed 4-24-18; 8:45 am]
BILLING CODE 6560-50-P
