Rule2021-14198
Approval and Promulgation of State Plans for Designated Facilities and Pollutants; North Dakota; Control of Emissions From Existing Municipal Solid Waste Landfills; Control of Emissions From Existing Commercial and Industrial Solid Waste Incineration Units; Negative Declaration of Existing Hospital/Medical/Infectious Waste Incineration Units
Primary source
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Published
July 6, 2021
Effective
August 5, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a Clean Air Act (CAA or the "Act") section 111(d) state plan submitted by the North Dakota Department of Environmental Quality (NDDEQ or the "Department") on July 28, 2020 for the control of air pollutants from existing municipal solid waste (MSW) landfills. The EPA is also approving a CAA section 111(d)/129 state plan submitted by the Department on the same date for the control of air pollutants from existing commercial and industrial solid waste incineration (CISWI) units and air curtain incinerator (ACI) units. The North Dakota state plans establish performance standards and operating requirements for existing MSW landfills, CISWI units and ACI units within the State of North Dakota and provide for the implementation and enforcement of those standards and requirements by the Department. Finally, the EPA is also approving withdrawal of the North Dakota CAA section 111(d)/129 state plan for the control of air pollutants from existing hospital/ medical/infectious waste incineration (HMIWI) units. The EPA is approving this plan withdrawal following North Dakota's May 8, 2019 submittal of a negative declaration of existing HMIWI units in the State of North Dakota, and will be promulgating the State's negative declaration in lieu of a CAA section 111(d)/129 state plan for HMIWI units. The EPA is taking these actions pursuant to requirements of the CAA.
Full Text
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<title>Federal Register, Volume 86 Issue 126 (Tuesday, July 6, 2021)</title>
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[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Rules and Regulations]
[Pages 35406-35408]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14198]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R08-OAR-2021-0187; FRL-10024-23-Region 8]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; North Dakota; Control of Emissions From
Existing Municipal Solid Waste Landfills; Control of Emissions From
Existing Commercial and Industrial Solid Waste Incineration Units;
Negative Declaration of Existing Hospital/Medical/Infectious Waste
Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a Clean
Air Act (CAA or the ``Act'') section 111(d) state plan submitted by the
North Dakota Department of Environmental Quality (NDDEQ or the
``Department'') on July 28, 2020 for the control of air pollutants from
existing municipal solid waste (MSW) landfills. The EPA is also
approving a CAA section 111(d)/129 state plan submitted by the
Department on the same date for the control of air pollutants from
existing commercial and industrial solid waste incineration (CISWI)
units and air curtain incinerator (ACI) units. The North Dakota state
plans establish performance standards and operating requirements for
existing MSW landfills, CISWI units and ACI units within the State of
North Dakota and provide for the implementation and enforcement of
those standards and requirements by the Department. Finally, the EPA is
also approving withdrawal of the North Dakota CAA section 111(d)/129
state plan for the control of air pollutants from existing hospital/
medical/infectious waste incineration (HMIWI) units. The EPA is
approving this plan withdrawal following North Dakota's May 8, 2019
submittal of a negative declaration of existing HMIWI units in the
State of North Dakota, and will be promulgating the State's negative
declaration in lieu of a CAA section 111(d)/129 state plan for HMIWI
units. The EPA is taking these actions pursuant to requirements of the
CAA.
DATES: This rule is effective on August 5, 2021. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of August 5, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2021-0187. All documents in the docket are
listed on the <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-TRM, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, telephone number: (303) 312-6396, email
address: <a href="/cdn-cgi/l/email-protection#305c5f58425b551e574255575f4249705540511e575f46"><span class="__cf_email__" data-cfemail="294546415b424c074e5b4c4e465b50694c5948074e465f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our March
26, 2021 proposed rule (86 FR 16173). In that document we proposed to
approve the North Dakota CAA section 111(d) state plan for existing MSW
landfills and the North Dakota CAA section 111(d)/129 state plan for
existing CISWI units as the plans were submitted by the NDDEQ on July
28, 2020. That document also proposed approval of the North Dakota
withdrawal of a previously approved CAA section 111(d)/129 state plan
for existing HMIWI units and publication of the State's negative
declaration of existing HMIWI units in lieu of a state plan. The EPA's
analysis of the two North Dakota state plans and the negative
declaration of designated sources may be found in the aforementioned
proposed rule and the technical support document (TSD) associated with
the docket for today's action. Comments on the EPA's proposed approvals
of the state plans for existing CISWI units and MSW landfills and
approval of the negative declaration in lieu of a state plan for
existing HMIWI units were due on or before April 26, 2021. We received
no comments on our proposed actions. Therefore, the EPA will proceed
with these plan approvals without changes.
II. Final Action
The EPA is finalizing approval of the North Dakota section 111(d)
state plan for existing MSW landfills pursuant to 40 CFR part 60,
subparts B and Cf. We are also finalizing approval of the North Dakota
section 111(d)/129 state plan for existing CISWI units pursuant to 40
CFR part 60, subparts B and DDDD. Finally, we are finalizing approval
of the State's negative declaration of existing HMIWI units in lieu of
a state plan for such units as designated by 40 CFR part 60, subpart
Ce. Therefore, the EPA is amending 40 CFR part 62, subpart JJ to
reflect this approval action. This approval is based on the rationale
provided in section II of the proposed rule for this action (86 FR
16173) and discussed in detail in the TSD associated with this
rulemaking action.\1\ The scope of this approval is limited to the
provisions of 40 CFR parts 60 and 62. The EPA's proposed approval of
the two North Dakota plans is limited to those MSW landfills that meet
the criteria established in 40 CFR part 60, subparts Cf and those CISWI
units and ACI units that meet the criteria
[[Page 35407]]
established in 40 CFR part 60, subpart DDDD.
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\1\ EPA Document ID No. EPA-R08-OAR-2021-0187-0002, available at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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The EPA Administrator continues to retain authority for approval of
alternative methods to determine the nonmethane organic compound
concentration or a site-specific methane generation rate constant (k),
as stipulated in 40 CFR 60.30f(c). The EPA Administrator also retains
those authorities related to designated CISWI and ACI units that will
not be delegated to state, local or tribal authorities as listed in 40
CFR 60.2542.
III. Incorporation by Reference
In accordance with the requirements of 1 CFR 51.5, we are
finalizing regulatory text that includes the incorporation by reference
of subparts Cf and DDDD of chapter 33.1-15-12, section 2 of the North
Dakota Administrative Code (NDAC) as effective on July 1, 2020.
Subparts Cf and DDDD are part of the North Dakota CAA section 111(d)
state plan applicable to existing MSW landfills and the section 111(d)/
129 state plan for existing CISWI units, respectively. The regulatory
provisions of these sections of the NDAC incorporate the required
111(d) and 111(d)/129 state plan elements required by the emission
guidelines (EG) for existing MSW landfills and CISWI units promulgated
at 40 CFR part 60, subparts Cf and DDDD. The incorporations establish
emission standards and compliance times for the control of air
pollutants from certain MSW landfills that commenced construction,
modification, or reconstruction on or before July 17, 2014 and
designated CISWI and ACI units that commenced construction on or before
June 4, 2010 or commenced modification or reconstruction no later than
August 7, 2013. The emissions standards and compliance times
established within these NDAC sections and the North Dakota state plans
are at least as stringent as those required by the EG for existing MSW
landfills and CISWI units. The EPA has made, and will continue to make,
NDAC section 33.1-15-12-02 (as well as the North Dakota state plan
documents for existing MSW landfills and CISWI units) generally
available electronically through <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket No. EPA-
R08-OAR-2021-0187 and in hard copy at the EPA Region 8 office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). This incorporation by
reference has been approved by the Office of the Federal Register and
the Plans are federally enforceable under the CAA as of the effective
date of this final rulemaking.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve
section 111(d) state plan submissions that comply with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7411(d); 40
CFR part 60, subparts B, Cf and DDDD; and 40 CFR part 62, subpart A.
Thus, in reviewing CAA section 111(d) state plan submissions, the EPA's
role is to approve state choices, provided that they meet the criteria
of the Act and implementing regulations. Accordingly, this action
merely approves state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this action:
<bullet> 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);
<bullet> Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because this action is not significant under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the CAA section 111(d) Plans are not approved to apply
in Indian country, as defined at 18 U.S.C. 1151, located in the state.
As such, this rule does not have tribal implications, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), and it will not
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 7, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Commercial and industrial solid waste
incineration, Hospital medical and infectious waste incineration,
Incorporation by reference, Intergovernmental relations, Methane,
Municipal solid waste landfill, Reporting and recordkeeping
requirements.
Dated: June 28, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 62 is amended as follows:
[[Page 35408]]
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ--North Dakota
0
2. Revise Sec. Sec. 62.8600, 62.8601, and 62.8602 to read as follows:
Sec. 62.8600 Identification of plan.
Section 111(d) State Plan for Municipal Solid Waste Landfills and
the associated State regulations contained in the North Dakota
Administrative Code (NDAC) at 33.1-15-12-02, subpart Cf (incorporated
by reference, see Sec. 62.8700), submitted by the State on July 28,
2020.
Sec. 62.8601 Identification of sources.
The plan applies to all existing municipal solid waste landfills
under the jurisdiction of the North Dakota Department of Environmental
Quality for which construction, reconstruction, or modification was
commenced on or before July 17, 2014, and are subject to the
requirements of 40 CFR part 60, subpart Cf.
Sec. 62.8602 Effective date.
The effective date of the plan for existing municipal solid waste
landfills is August 5, 2021.
0
3. Revise Sec. 62.8610 to read as follows:
Sec. 62.8610 Identification of plan--negative declaration.
The State of North Dakota submitted a letter on May 8, 2019
certifying that there are no designated facilities subject to the
emission guidelines for existing hospital medical infectious waste
incinerators under 40 CFR part 60, subpart Ce operating within the
State's jurisdiction.
Sec. Sec. 62.8611 and 62.8612 [Removed]
0
4. Remove Sec. Sec. 62.8611 and 62.8612.
0
5. Revise Sec. Sec. 62.8630, 62.8631, and 62.8632 to read as follows:
Sec. 62.8630 Identification of plan.
Amended section 111(d)/129 State Plan for Commercial and Industrial
Solid Waste Incineration Units and the associated State regulations
contained in the North Dakota Administrative Code (NDAC) at 33.1-15-12-
02, subpart DDDD (incorporated by reference, see Sec. 62.8700),
submitted by the State on July 28, 2020.
Sec. 62.8631 Identification of sources.
The plan applies to all existing commercial and industrial solid
waste incineration units and air curtain incinerators under the
jurisdiction of the North Dakota Department of Environmental Quality
for which construction commenced on or before June 4, 2010, or for
which modification or reconstruction commenced no later than August 7,
2013, and are subject to the requirements of 40 CFR part 60, subpart
DDDD.
Sec. 62.8632 Effective date.
The effective date of the plan for existing commercial and
industrial solid waste incineration units is August 5, 2021.
0
6. Add an undesignated center heading and Sec. 62.8700 to read as
follows:
Incorporation by Reference
Sec. 62.8700 Incorporation by reference.
(a) The material incorporated by reference in this subpart was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. The material may be inspected or
obtained from the EPA Region 8 office, 1595 Wynkoop Street, Denver, CO
80202-1129, 303-312-6312 or from the other sources listed in this
section. It may also be inspected at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email <a href="/cdn-cgi/l/email-protection#cea8abaabcaba9e0a2aba9afa28ea0afbcafe0a9a1b8"><span class="__cf_email__" data-cfemail="5b3d3e3f293e3c75373e3c3a371b353a293a753c342d">[email protected]</span></a> or go to:
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
(b) State of North Dakota, Legislative Council, 600 E Boulevard
Ave., Bismarck, ND 58505-0360, (701) 328-2916, <a href="https://legis.nd.gov/agency-rules/north-dakota-administrative-code">https://legis.nd.gov/agency-rules/north-dakota-administrative-code</a>; North Dakota
Administrative Code (NDAC).
(1) NDAC 33.1-15-12-02, subpart Cf., Title 33.1 North Dakota
Department of Environmental Quality, Article 33.1-15 Air Pollution
Control, Chapter 33.1-15-12--Standards of Performance for New
Stationary Sources, Section 33.1-15-12-02 Standards of performance,
Subpart Cf--Emission guidelines and compliance times for municipal
solid waste landfills, effective July 1, 2020; IBR approved for Sec.
62.8600.
(2) NDAC 33.1-15-12-02, subpart DDDD. Title 33.1 North Dakota
Department of Environmental Quality, Article 33.1-15 Air Pollution
Control, Chapter 33.1-15-12--Standards of Performance for New
Stationary Sources, Section 33.1-15-12-02 Standards of performance,
Subpart DDDD--Emission guidelines and compliance times commercial and
industrial solid waste incineration units, effective July 1, 2020; IBR
approved for Sec. 62.8630.
[FR Doc. 2021-14198 Filed 7-2-21; 8:45 am]
BILLING CODE 6560-50-P
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