83_FR_18003 83 FR 17923 - 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

83 FR 17923 - 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

Federal Register Volume 83, Issue 80 (April 25, 2018)

Page Range17923-17925
FR Document2018-08621

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'').

Federal Register, Volume 83 Issue 80 (Wednesday, April 25, 2018)
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Rules and Regulations]
[Pages 17923-17925]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08621]


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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 http://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 http://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 http://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



                                                               Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Rules and Regulations                                         17923

                                              § 111.4   [Amended]                                     the person identified in the FOR FURTHER              2011 (76 FR 15704), with final actions
                                              ■ 3. Amend § 111.4 by removing ‘‘June                   INFORMATION CONTACT    section for                    on reconsideration of the rule published
                                              23, 2017’’ and adding ‘‘April 25, 2018’’                additional availability information.                  on February 7, 2013 (78 FR 9112), and
                                              in its place.                                           FOR FURTHER INFORMATION CONTACT:                      June 23, 2016 (81 FR 40956). State plan
                                                                                                      Gregory Lohrke, Air Program, U.S.                     requirements specific to CISWI units,
                                              Ruth Stevenson,                                         Environmental Protection Agency                       along with a model rule to ease
                                              Attorney, Federal Compliance.                           (EPA), Region 8, Mail Code 8P–AR,                     adoption of the EG, are found in subpart
                                              [FR Doc. 2018–08686 Filed 4–24–18; 8:45 am]             1595 Wynkoop Street, Denver, Colorado                 DDDD, while more general state plan
                                              BILLING CODE 7710–12–P                                  80202–1129, (303) 312–6396,                           requirements are found in 40 CFR part
                                                                                                      lohrke.gregory@epa.gov.                               60, subpart B, and part 62, subpart A.
                                                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                            The guidelines found in subpart DDDD
                                              ENVIRONMENTAL PROTECTION                                                                                      require that states impose emission
                                              AGENCY                                                  I. Background Information                             limits on designated facilities for those
                                                                                                         Sections 111 and 129 of the CAA                    pollutants regulated under section 129,
                                              40 CFR Part 62                                          outline the EPA’s statutory authority for             including: dioxins/furans, carbon
                                                                                                      regulating new and existing solid waste               monoxide, metals (cadmium, lead and
                                              [EPA–R08–OAR–2017–0698; FRL–9976–58-                                                                          mercury), hydrogen chloride, sulfur
                                              Region 8]                                               incineration units. Section 111(b)
                                                                                                      directs the EPA Administrator (the                    dioxide, oxides of nitrogen, opacity and
                                                                                                      ‘‘Administrator’’) to publish and                     particulate matter. The EG also requires
                                              Approval and Promulgation of State
                                                                                                      periodically revise a list of source                  that state plans include essential
                                              Plans for Designated Facilities and
                                                                                                      categories which significantly cause or               elements pursuant to section 129
                                              Pollutants; North Dakota; Control of
                                                                                                      contribute to air pollution. This                     requirements, including monitoring,
                                              Emissions From Existing Commercial
                                                                                                      subsection also directs the                           operator training and facility permitting
                                              and Industrial Solid Waste Incineration
                                                                                                                                                            requirements.
                                              Units                                                   Administrator to establish federal
                                                                                                                                                              On June 12, 2014, the Department
                                                                                                      standards of performance for new
                                              AGENCY:  Environmental Protection                                                                             submitted to the EPA a revised section
                                                                                                      sources within these categories. Section              111(d)/129 state plan for existing CISWI
                                              Agency (EPA)                                            111(d) grants the EPA statutory
                                              ACTION: Final rule.
                                                                                                                                                            units in the State of North Dakota. The
                                                                                                      authority to require states to submit to              current state plan received final
                                                                                                      the agency implementation plans for                   approval and was promulgated on
                                              SUMMARY:   The Environmental Protection                 establishing performance standards
                                              Agency (EPA) is approving a revised                                                                           September 17, 2003 (68 FR 54374), at 40
                                                                                                      applicable to existing sources belonging              CFR part 62, subpart JJ. Pursuant to each
                                              state plan (the ‘‘plan’’) submitted by the              to those categories established in section
                                              North Dakota Department of Health (the                                                                        state’s obligations following the revision
                                                                                                      111(b). Section 129 of the CAA                        of the CISWI rule, the State of North
                                              ‘‘Department’’) for the regulation of                   specifically addresses solid waste
                                              existing commercial and industrial solid                                                                      Dakota has revised their state
                                                                                                      combustion and requires that the EPA                  rulemaking, and has submitted a revised
                                              waste incineration (CISWI) units within                 regulate new and existing waste
                                              the jurisdiction of the State of North                                                                        state plan document as well as a
                                                                                                      incineration units pursuant to section                demonstration of legal and enforcement
                                              Dakota. The Department submitted the                    111 of the Act, including the
                                              plan to the EPA for approval following                                                                        authority to comply with CAA section
                                                                                                      requirement that a state in which                     111/129 requirements.
                                              the promulgation of federal new source                  existing designated facilities operate,
                                              performance standards (NSPS) and                        submit for approval, a state plan for                 II. Summary of North Dakota’s Revised
                                              emission guidelines (EG) for CISWI                      each category of regulated waste                      Section 111(d)/129 Plan for Existing
                                              units on March 21, 2011, and the                        incineration units. Section 129(b)(3)                 CISWI Units
                                              subsequent, limited revisions to that                   requires the EPA to promulgate a federal                 The EPA has completed a review of
                                              final rule published on February 7,                     plan for existing waste incineration                  the revised North Dakota section 111(d)/
                                              2013, and June 23, 2016. This plan                      units of any designated category located              129 state plan for existing CISWI units.
                                              approval final rulemaking action is                     in any state which has not submitted an               The EPA has determined that the plan
                                              being taken in accordance with sections                 approvable 111(d)/129 state plan for                  submittal meets the requirements found
                                              111(d) and 129 of the Clean Air Act                     said category of waste incineration                   in 40 CFR part 60, subparts B and
                                              (CAA, or the ‘‘Act’’).                                  units. Such federal plans remain in                   DDDD, and those of part 62, subpart A
                                              DATES: This final rule is effective on                  effect until the state in question submits            of that title. Accordingly, the EPA is
                                              May 25, 2018.                                           a new or revised state plan and                       approving the submitted revised plan as
                                              ADDRESSES: The EPA has established a                    subsequently receives approval and                    proposed. See 83 FR 3656 (January 26,
                                              docket for this action under Docket ID                  promulgation of the plan under 40 CFR                 2018). The EPA’s final approval action
                                              No. EPA–R08–OAR–2017–0698. All                          part 62.                                              is limited to the revised North Dakota
                                              documents in the docket are listed on                      State plan submittals under CAA                    CISWI state plan document, submitted
                                              the http://www.regulations.gov website.                 sections 111(d) and 129 must be                       to the EPA on June 12, 2014, and the
                                              Although listed in the index, some                      consistent with the relevant new or                   subpart DDDD ‘‘Model Rule’’ as it was
                                              information is not publicly available,                  revised EG. Section 129(a)(1)(D) of the               incorporated by the State in the North
                                              e.g., CBI or other information whose                    Act requires the EPA to develop and                   Dakota Administrative Code (NDAC) at
                                              disclosure is restricted by statute.                    periodically revise operating standards               Chapter 33–15–12–02, subpart DDDD. A
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                                              Certain other material, such as                         for new and existing CISWI units. The                 detailed summary of the submittal’s
                                              copyrighted material, is not placed on                  original NSPS and EG for CISWI units                  compliance with the EG and other
                                              the internet and will be publicly                       were promulgated on December 1, 2000,                 federal regulatory requirements is
                                              available only in hard copy form.                       at 40 CFR part 60, subparts CCCC and                  available in the technical support
                                              Publicly available docket materials are                 DDDD, respectively. Revisions to the                  document (TSD) associated with this
                                              available through http://                               CISWI NSPS and EG were subsequently                   rulemaking action. The TSD is available
                                              www.regulations.gov, or please contact                  promulgated by the EPA on March 21,                   in the docket for this rulemaking action


                                         VerDate Sep<11>2014   16:26 Apr 24, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\25APR1.SGM   25APR1


                                              17924            Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Rules and Regulations

                                              and may be found at the http://                         this action is not significant under                  ‘‘major rule’’ as defined by 5 U.S.C.
                                              www.regulations.gov website.                            Executive Order 12866;                                804(2).
                                                                                                         • Does not impose an information                      Under section 307(b)(1) of the CAA,
                                              III. Response to Public Comments                                                                              petitions for judicial review of this
                                                                                                      collection burden under the provisions
                                                 This rule will be finalized as                       of the Paperwork Reduction Act (44                    action must be filed in the United States
                                              proposed without revisions. The EPA                     U.S.C. 3501 et seq.);                                 Court of Appeals for the appropriate
                                              received five anonymous public                             • Is certified as not having a                     circuit by June 25, 2018. Filing a
                                              comments on the proposed approval of                    significant economic impact on a                      petition for reconsideration by the
                                              the revised North Dakota CISWI state                    substantial number of small entities                  Administrator of this final rule does not
                                              plan. After reviewing the comments, the                 under the Regulatory Flexibility Act (5               affect the finality of this action for the
                                              EPA has determined that the comments                    U.S.C. 601 et seq.);                                  purposes of judicial review nor does it
                                              are outside the scope of our proposed                      • Does not contain any unfunded                    extend the time within which a petition
                                              action or fail to identify any material                 mandate or significantly or uniquely                  for judicial review may be filed, and
                                              issue necessitating a response. All                     affect small governments, as described                shall not postpone the effectiveness of
                                              public comments received on this                        in the Unfunded Mandates Reform Act                   such rule or action. This action may not
                                              rulemaking action are available for                     of 1995 (Pub. L. 104–4);                              be challenged later in proceedings to
                                              review by the public and may be viewed                     • Does not have federalism                         enforce its requirements. (See CAA
                                              by following the instructions for access                implications as specified in Executive                section 307(b)(2).)
                                              to docket materials as outlined in the                  Order 13132 (64 FR 43255, August 10,                  List of Subjects in 40 CFR Part 62
                                              ADDRESSES section of the preamble.                      1999);
                                                                                                         • Is not an economically significant                 Environmental protection, Air
                                              IV. Final Action                                                                                              pollution control, Commercial and
                                                                                                      regulatory action based on health or
                                                 The EPA is approving North Dakota’s                  safety risks subject to Executive Order               industrial solid waste incineration,
                                              amended section 111(d)/129 state plan                   13045 (62 FR 19885, April 23, 1997);                  Intergovernmental relations, Reporting
                                              for existing CISWI units. The North                        • Is not a significant regulatory action           and recordkeeping requirements.
                                              Dakota state plan requirements being                    subject to Executive Order 13211 (66 FR                 Dated: April 13, 2018.
                                              approved today are at least as stringent                28355, May 22, 2001);                                 Douglas Benevento,
                                              as the requirements for existing CISWI                     • Is not subject to requirements of                Regional Administrator, Region 8.
                                              units found in 40 CFR part 60, subpart                  section 12(d) of the National                           For the reasons stated in the
                                              DDDD. Therefore, the EPA is amending                    Technology Transfer and Advancement                   preamble, the EPA amends 40 CFR part
                                              40 CFR part 62, subpart JJ to reflect the               Act of 1995 (15 U.S.C. 272 note) because              62 as set forth below:
                                              approved revisions to North Dakota’s                    application of those requirements would
                                              previously approved, current CISWI                      be inconsistent with the CAA; and,                    PART 62—APPROVAL AND
                                              state plan. The EPA is limiting the scope                  • Is not subject to Executive Order                PROMULGATION OF STATE PLANS
                                              of the plan approval to the provisions of               12898 (59 FR 7629, February 16, 1994)                 FOR DESIGNATED FACILITIES AND
                                              40 CFR parts 60 and 62 for existing                     because it does not establish an                      POLLUTANTS
                                              CISWI units, as found in the EG at 40                   environmental health or safety standard.
                                              CFR part 60, subpart DDDD. The                             In addition, this final rule is not                ■ 1. The authority citation for part 62
                                              Administrator retains the authorities as                approved to apply on any Indian                       continues to read as follows:
                                              listed under 40 CFR 60.2542 and                         reservation land or in any other area                     Authority: 42 U.S.C. 7401 et seq.
                                              60.2030(c).                                             where the EPA or an Indian tribe has
                                              V. Statutory and Executive Order                        demonstrated that a tribe has                         Subpart JJ—North Dakota
                                              Reviews                                                 jurisdiction. In those areas of Indian
                                                                                                      country, the rule does not have tribal                ■ 2. Subpart JJ is amended by revising
                                                Under the CAA, the Administrator is                   implications and will not impose                      §§ 62.8630, 62.8631 and 62.8632 to read
                                              required to approve a section 111(d)/129                substantial direct costs on tribal                    as follows:
                                              plan submission that complies with the                  governments or preempt tribal law as                  § 62.8630    Identification of plan.
                                              provisions of the Act and applicable                    specified by Executive Order 13175 (65                  North Dakota ‘‘Amended Section
                                              federal regulations. Thus, in reviewing                 FR 67249, November 9, 2000).                          111(d)/129 Plan for Commercial and
                                              section 111(d)/129 plan submissions,                       The Congressional Review Act, 5                    Industrial Solid Waste Incineration
                                              the EPA’s role is to approve state                      U.S.C. 801 et seq., as added by the Small             Units,’’ and the associated State
                                              choices, provided that they meet the                    Business Regulatory Enforcement                       regulation as it is incorporated in the
                                              criteria of the CAA and are not                         Fairness Act of 1996, generally provides              North Dakota Administrative Code
                                              specifically disapproved. Accordingly,                  that before a rule may take effect, the               under the State’s Standards of
                                              this action merely finalizes approval of                agency promulgating the rule must                     Performance for New Stationary
                                              state law as meeting federal                            submit a rule report, which includes a                Sources, Chapter 33–15–12–02, subpart
                                              requirements and does not impose                        copy of the rule, to each House of the                DDDD. The plan and associated
                                              additional requirements beyond those                    Congress and to the Comptroller General               regulation were submitted by the State
                                              imposed by state law. For that reason,                  of the United States. The EPA will                    on June 12, 2014.
                                              this action:                                            submit a report containing this action
                                                • Is not a ‘‘significant regulatory                   and other required information to the                 § 62.8631    Identification of sources.
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                                              action’’ subject to review by the Office                U.S. Senate, the U.S. House of                          The amended plan applies to each
                                              of Management and Budget under                          Representatives, and the Comptroller                  existing commercial and industrial solid
                                              Executive Orders 12866 (58 FR 51735,                    General of the United States prior to                 waste incinerator unit and air curtain
                                              October 4, 1993) and 13563 (76 FR 3821,                 publication of the rule in the Federal                incinerator in the State of North Dakota
                                              January 21, 2011);                                      Register. A major rule cannot take effect             that commenced construction on or
                                                • Is not expected to be an Executive                  until 60 days after it is published in the            before June 4, 2010, or commenced
                                              Order 13771 regulatory action because                   Federal Register. This action is not a                modification or reconstruction after


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                                                               Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Rules and Regulations                                         17925

                                              June 4, 2010, but no later than August                  (7505P), Office of Pesticide Programs,                disclosed publicly by EPA without prior
                                              7, 2013, as such incinerator units are                  Environmental Protection Agency, 1200                 notice. Submit the non-CBI copy of your
                                              defined in § 60.2875 of 40 CFR part 60.                 Pennsylvania Ave. NW, Washington, DC                  objection or hearing request, identified
                                              The plan applies only to units not                      20460–0001; main telephone number:                    by docket ID number EPA–HQ–OPP–
                                              exempt under the conditions of                          (703) 305–7090; email address:                        2016–0661, by one of the following
                                              § 60.2555 of that part.                                 RDFRNotices@epa.gov.                                  methods:
                                                                                                      SUPPLEMENTARY INFORMATION:                              • Federal eRulemaking Portal: http://
                                              § 62.8632   Effective date.                                                                                   www.regulations.gov. Follow the online
                                                The federally enforceable effective                   I. General Information                                instructions for submitting comments.
                                              date of the amended section 111(d)/129                                                                        Do not submit electronically any
                                                                                                      A. Does this action apply to me?
                                              plan for commercial and industrial solid                                                                      information you consider to be CBI or
                                              waste incineration units is May 25,                        You may be potentially affected by                 other information whose disclosure is
                                              2018.                                                   this action if you are an agricultural                restricted by statute.
                                              [FR Doc. 2018–08621 Filed 4–24–18; 8:45 am]             producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                              BILLING CODE 6560–50–P
                                                                                                      pesticide manufacturer. The following                 Protection Agency Docket Center (EPA/
                                                                                                      list of North American Industrial                     DC), (28221T), 1200 Pennsylvania Ave.
                                                                                                      Classification System (NAICS) codes is                NW, Washington, DC 20460–0001.
                                              ENVIRONMENTAL PROTECTION                                not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                              AGENCY                                                  provides a guide to help readers                      arrangements for hand delivery or
                                                                                                      determine whether this document                       delivery of boxed information, please
                                              40 CFR Part 180                                         applies to them. Potentially affected                 follow the instructions at http://
                                              [EPA–HQ–OPP–2016–0661; FRL–9974–42]                     entities may include:                                 www.epa.gov/dockets/contacts.html.
                                                                                                         • Crop production (NAICS code 111).                  Additional instructions on
                                              Chlormequat Chloride; Pesticide                            • Animal production (NAICS code                    commenting or visiting the docket,
                                              Tolerances                                              112).                                                 along with more information about
                                                                                                         • Food manufacturing (NAICS code                   dockets generally, is available at http://
                                              AGENCY:  Environmental Protection                       311).                                                 www.epa.gov/dockets.
                                              Agency (EPA).                                              • Pesticide manufacturing (NAICS
                                              ACTION: Final rule.                                                                                           II. Summary of Petitioned-For
                                                                                                      code 32532).
                                                                                                                                                            Tolerance
                                              SUMMARY:   This regulation establishes                  B. How can I get electronic access to                    In the Federal Register of February 7,
                                              tolerances for residues of chlormequat                  other related information?                            2017 (82 FR 9555) (FRL–9956–86), EPA
                                              chloride in or on multiple commodities                     You may access a frequently updated                issued a document pursuant to FFDCA
                                              which are identified and discussed later                electronic version of EPA’s tolerance                 section 408(d)(3), 21 U.S.C. 346a(d)(3),
                                              in this document. Taminco US LLC, a                     regulations at 40 CFR part 180 through                announcing the filing of a pesticide
                                              subsidiary of Eastman Chemical                          the Government Printing Office’s e-CFR                petition (PP 6E8495) by Taminco US
                                              Company requested these tolerances                                                                            LLC, a subsidiary of Eastman Chemical
                                                                                                      site at http://www.ecfr.gov/cgi-bin/text-
                                              under the Federal Food, Drug, and                                                                             Company, Two Windsor Plaza, Suite
                                                                                                      idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                              Cosmetic Act (FFDCA).                                                                                         400, 7540 Windsor Dr., Allentown, PA
                                                                                                      40tab_02.tpl.
                                              DATES: This regulation is effective April                                                                     18195. The petition requested that 40
                                              25, 2018. Objections and requests for                   C. How can I file an objection or hearing             CFR part 180 be amended by
                                              hearings must be received on or before                  request?                                              establishing tolerances for residues of
                                              June 25, 2018, and must be filed in                       Under FFDCA section 408(g), 21                      the plant regulator chlormequat chloride
                                              accordance with the instructions                        U.S.C. 346a, any person may file an                   in or on barley grain at 3 parts per
                                              provided in 40 CFR part 178 (see also                   objection to any aspect of this regulation            million (ppm); bovine, sheep, goat-fat at
                                              Unit I.C. of the SUPPLEMENTARY                          and may also request a hearing on those               0.06 ppm; bovine, sheep, goat-kidney at
                                              INFORMATION).                                           objections. You must file your objection              0.5 ppm; bovine, sheep, goat-liver at
                                              ADDRESSES: The docket for this action,                  or request a hearing on this regulation               0.15 ppm; bovine, sheep, goat-muscle at
                                              identified by docket identification (ID)                in accordance with the instructions                   0.2 ppm; cattle-milk at 0.5 ppm; eggs at
                                              number EPA–HQ–OPP–2016–0661, is                         provided in 40 CFR part 178. To ensure                0.1 ppm; oat grain at 15 ppm; poultry-
                                              available at http://www.regulations.gov                 proper receipt by EPA, you must                       fat at 0.03 ppm; poultry-liver at 0.1
                                              or at the Office of Pesticide Programs                  identify docket ID number EPA–HQ–                     ppm; poultry-muscle at 0.04 ppm;
                                              Regulatory Public Docket (OPP Docket)                   OPP–2016–0661 in the subject line on                  swine-fat at 0.02 ppm; swine-kidney at
                                              in the Environmental Protection Agency                  the first page of your submission. All                0.5 ppm; swine-liver at 0.15 ppm;
                                              Docket Center (EPA/DC), West William                    objections and requests for a hearing                 swine-muscle at 0.2 ppm; and wheat
                                              Jefferson Clinton Bldg., Rm. 3334, 1301                 must be in writing, and must be                       grain at 4 ppm. That document
                                              Constitution Ave. NW, Washington, DC                    received by the Hearing Clerk on or                   referenced a summary of the petition
                                              20460–0001. The Public Reading Room                     before June 25, 2018. Addresses for mail              prepared by Taminco US LLC, the
                                              is open from 8:30 a.m. to 4:30 p.m.,                    and hand delivery of objections and                   registrant, which is available in the
                                              Monday through Friday, excluding legal                  hearing requests are provided in 40 CFR               docket, http://www.regulations.gov.
                                              holidays. The telephone number for the                  178.25(b).                                            Comments were received on the notice
                                              Public Reading Room is (202) 566–1744,                    In addition to filing an objection or               of filing. EPA’s response to these
sradovich on DSK3GMQ082PROD with RULES




                                              and the telephone number for the OPP                    hearing request with the Hearing Clerk                comments is discussed in Unit IV.C.
                                              Docket is (703) 305–5805. Please review                 as described in 40 CFR part 178, please                  Based upon review of the data
                                              the visitor instructions and additional                 submit a copy of the filing (excluding                supporting the petition, EPA has
                                              information about the docket available                  any Confidential Business Information                 modified the levels at which some of the
                                              at http://www.epa.gov/dockets.                          (CBI)) for inclusion in the public docket.            tolerances are being established as well
                                              FOR FURTHER INFORMATION CONTACT:                        Information not marked confidential                   as the commodities for which tolerances
                                              Michael Goodis, Registration Division                   pursuant to 40 CFR part 2 may be                      are being established. The reasons for


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Document Created: 2018-11-02 08:17:54
Document Modified: 2018-11-02 08:17:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on May 25, 2018.
ContactGregory 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]
FR Citation83 FR 17923 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Commercial and Industrial Solid Waste Incineration; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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