83 FR 3656 - 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 18 (January 26, 2018)
Federal Register Volume 83, Issue 18 (January 26, 2018)
| Page Range | 3656-3658 | |
| FR Document | 2018-01492 |
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)] [Proposed Rules] [Pages 3656-3658] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01492] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R08-OAR-2017-0698; FRL-9972-54-Region 8] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; North Dakota; Control of Emissions From Existing Commercial and Industrial Solid Waste Incineration Units AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a Clean Air Act (CAA) section 111(d)/129 plan (the ``plan'') submitted by the Division of Air Quality of the North Dakota Department of Health (the ``Department'') on June 12, 2014. The plan would allow for the implementation of emissions guidelines for existing commercial and industrial solid waste incineration (CISWI) units within the jurisdiction of the State of North Dakota. The plan creates new enforceable emissions limits and operating procedures for existing CISWI units within the State of North Dakota in accordance with the requirements established by the revised CISWI new source performance standards (NSPS) and emission guidelines (EG), promulgated by the EPA on March 21, 2011, with subsequent final amendments to the rule promulgated on February 7, 2013. This proposed plan approval rulemaking is being taken in accordance with the requirements of sections 111(d) and 129 of the CAA and the relevant parts and subparts of the Code of Federal Regulations (CFR). DATES: Written comments must be received on or before February 26, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08- OAR-2017-0698 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado [[Page 3657]] 80202-1129, (303) 312-6396, lohrke.gregory@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information What should I consider as I prepare my comments for EPA? 1. Submitting Confidential Business Information (CBI). Do not submit CBI to the EPA through http://www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on a disk or CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to:Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register volume, date, and page number); Follow directions and organize your comments; Explain why you agree or disagree; Suggest alternatives and substitute language for your requested changes; Describe any assumptions and provide any technical information and/or data that you used; If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced; Provide specific examples to illustrate your concerns, and suggest alternatives; Explain your views as clearly as possible, avoiding the use of profanity or personal threats; and, Make sure to submit your comments by the comment period deadline identified. II. Background Information Sections 111 and 129 of the CAA outline the EPA's statutory authority for regulating new and existing solid waste incineration units. Section 111(b) directs the EPA Administrator to publish and periodically revise a list of source categories which significantly cause or contribute to air pollution. This subsection also directs the Administrator to establish federal standards of performance for new sources within these categories. Section 111(d) grants the EPA statutory authority to require states to submit to the agency implementation plans for establishing performance standards applicable to existing sources belonging to those categories established in section 111(b). Section 129 specifically addresses solid waste combustion and requires that the EPA regulate new and existing waste incineration units pursuant to section 111 of the Act, including the requirement that a state in which existing designated facilities operate submit for approval a state plan for each category of regulated waste incineration units. Section 129(b)(3) requires the EPA to promulgate a federal plan for existing waste incineration units of any designated category located in any state which has not submitted an approvable 111(d)/129 state plan for said category of waste incineration unit. Such federal plans remain in effect until the state in question submits a new or revised state plan and subsequently receives approval and promulgation of the plan under 40 CFR part 62. State plan submittals under CAA sections 111(d) and 129 must be consistent with the relevant new or revised EG. Section 129(a)(1)(D) of the Act requires the EPA to develop and periodically revise operating standards for new and existing CISWI units. The NSPS and EG for CISWI units were promulgated on December 1, 2000, at 40 CFR part 60, subparts CCCC and DDDD, respectively. Revisions to the CISWI NSPS and EG were subsequently promulgated by the EPA on March 21, 2011 (76 FR 15704), with final actions on reconsideration of the rule published on February 7, 2013 (78 FR 9112), and June 23, 2016 (81 FR 40956). State plan requirements specific to CISWI units, along with a model rule to ease adoption of the EG, are found in subpart DDDD, while more general state plan requirements are found in 40 CFR part 60, subpart B, and part 62, subpart A. The guidelines found in subpart DDDD require that states impose emission limits on designated facilities for those pollutants regulated under section 129, including: Dioxins/furans, carbon monoxide, metals (cadmium, lead and mercury), hydrogen chloride, sulfur dioxide, oxides of nitrogen, opacity and particulate matter. The EG also requires state plans include essential elements pursuant to section 129 requirements, including: Monitoring, operator training and facility permitting requirements. The current North Dakota state plan was submitted in May 2003 and approved and promulgated on September 17, 2003 (68 FR 54374), under 40 CFR part 62, subpart JJ in response to the original CISWI rule as it was promulgated on December 1, 2000 (65 FR 75338). Due to the most recent revisions to the CISWI rule, the State of North Dakota is required to revise and resubmit its state plan for the EPA approval with respect to the updated EG requirements. On June 12, 2014, the Department submitted to the EPA revisions to the current North Dakota state plan for existing CISWI units within the state's jurisdiction. III. Summary of North Dakota's Section 111(d)/129 Plan for Existing CISWI Units The EPA has completed a review of the revised North Dakota section 111(d)/129 plan submittal in the context of the requirements of 40 CFR part 60, subparts B and DDDD, and part 62, subpart A. The EPA has determined that the plan submittal meets the requirements found in the above-cited subparts. Accordingly, the EPA proposes to approve the submitted state plan. The EPA's proposed approval action is limited to the revised CISWI state plan submittal and the subpart DDDD ``Model Rule'' addressing CISWI units as it is incorporated by the State of North Dakota in the North Dakota Administrative Code (NDAC) Chapter 33- 15-12-02, subpart DDDD. A detailed summary of the submittal's compliance with the requirements found in the CFR is available in the technical support document (TSD) associated with this rulemaking action. The TSD, as well as the complete North Dakota submittal package, will be available in the docket for this rulemaking action and may be found at the www.regulations.gov website. IV. Proposed Action The EPA is proposing approval of the North Dakota 111(d)/129 state plan for existing CISWI units because the plan requirements are at least as stringent as the requirements for existing CISWI units found in 40 CFR part 60, subpart DDDD. The state plan was submitted pursuant to 40 CFR part 60, subparts DDDD and B, and part 62, subpart A. Accordingly, the EPA proposes to amend 40 CFR part 62, subpart JJ to reflect the acceptability of the state plan submittal. This proposed approval is limited to the provisions of 40 CFR parts 60 and 62 for existing CISWI units, as found in the emission guidelines of Part 60, subpart DDDD. The EPA Administrator will retain the authorities listed under Sec. Sec. 60.2542 and 60.2030(c). [[Page 3658]] V. Statutory and Executive Order Review Under the CAA, the Administrator is required to approve a section 111(d)/129 plan submission that complies with the provisions of the Act and applicable federal regulations at 40 CFR 62.04. Thus, in reviewing section 111(d)/129 plan submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and, Is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. In addition, this proposed rule is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control, Commercial and industrial solid waste incineration, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: January 22, 2018. Douglas H. Benevento, Regional Administrator, Region 8. [FR Doc. 2018-01492 Filed 1-25-18; 8:45 am] BILLING CODE 6560-50-P
![3656 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Proposed Rules
tss = The average temperature during the into sorbent tubes of the dimensions order of 0.1 ppb for 1,3-butadiene and 0.05
collection period at the sampling site (K). specified in Section 6.1, are listed in Table ppb for volatile aromatics such as benzene
UNTP = The method defined diffusive uptake 12.1. Adjust analytical conditions to keep for 14-day monitoring. However, actual
rate (sampling rate) (mL/min). expected sampled masses within range (see detection limits will depend upon the
Sections 11.3.1.3 to 11.3.1.5). Best possible analytical conditions selected.
Note: Diffusive uptake rates (Ustd) for
common VOCs, using carbon sorbents packed method detection limits are typically in the * * * * *
TABLE 17.1—SUMMARY OF GC/MS ANALYSIS QUALITY CONTROL PROCEDURES
Parameter Frequency Acceptance criteria Corrective action
Bromofluorobenzene Instrument Daily a prior to sample analysis .... Evaluation criteria presented in (1) Retune and or
Tune Performance Check. Section 9.5 and Table 9.2. (2) Perform Maintenance.
Five point calibration bracketing Following any major change, re- (1) Percent Deviation (%DEV) of (1) Repeat calibration sample
the expected sample concentra- pair or maintenance or if daily response factors ±30%. analysis.
tion. CCV does not meet method re- (2) Relative Retention Times (2) Repeat linearity check.
quirements. Recalibration not to (RRTs) for target peaks ±0.06 (3) Prepare new calibration stand-
exceed three months. units from mean RRT. ards as necessary and repeat
analysis.
Calibration Verification (CCV Sec- Following the calibration curve ..... The response factor ±30% DEV (1) Repeat calibration check.
ond source calibration from calibration curve average (2) Repeat calibration curve.
verification check). response factor.
Laboratory Blank Analysis ............. Daily a following bromofluoro- ben- (1) ≤0.2 ppbv per analyte or ≤3 (1) Repeat analysis with new
zene and calibration check; times the LOD, whichever is blank tube.
prior to sample analysis. greater. (2) Check system for leaks, con-
(2) Internal Standard (IS) area re- tamination.
sponse ±40% and IS Retention (3) Analyze additional blank.
Time (RT) ±0.33 min. of most
recent calibration check.
Blank Sorbent Tube Certification ... One tube analyzed for each batch <0.2 ppbv per VOC targeted com- Re-clean all tubes in batch and
of tubes cleaned or 10 percent pound or 3 times the LOD, reanalyze.
of tubes whichever is greater. whichever is greater.
Samples—Internal Standards ........ All samples ................................... IS area response ±40% and IS Flag Data for possible invalida-
RT ±0.33 min. of most recent tion.
calibration validation.
Field Blanks ................................... Two per sampling period .............. No greater than one-third of the Flag Data for possible invalidation
measured target analyte or due to high blank bias.
compliance limit..
a Every 24 hours.
* * * * * implementation of emissions guidelines www.regulations.gov. The EPA may
[FR Doc. 2018–00470 Filed 1–25–18; 8:45 am] for existing commercial and industrial publish any comment received to its
BILLING CODE 6560–50–P solid waste incineration (CISWI) units public docket. Do not submit
within the jurisdiction of the State of electronically any information you
North Dakota. The plan creates new consider to be Confidential Business
ENVIRONMENTAL PROTECTION enforceable emissions limits and Information (CBI) or other information
AGENCY operating procedures for existing CISWI whose disclosure is restricted by statute.
units within the State of North Dakota Multimedia submissions (audio, video,
40 CFR Part 62 in accordance with the requirements etc.) must be accompanied by a written
[EPA–R08–OAR–2017–0698; FRL–9972–54- established by the revised CISWI new comment. The written comment is
Region 8] source performance standards (NSPS) considered the official comment and
and emission guidelines (EG), should include discussion of all points
Approval and Promulgation of State promulgated by the EPA on March 21,
Plans for Designated Facilities and you wish to make. The EPA will
2011, with subsequent final generally not consider comments or
Pollutants; North Dakota; Control of amendments to the rule promulgated on
Emissions From Existing Commercial comment contents located outside of the
February 7, 2013. This proposed plan primary submission (i.e., on the web,
and Industrial Solid Waste Incineration approval rulemaking is being taken in
Units cloud, or other file sharing system). For
accordance with the requirements of
additional submission methods, the full
AGENCY: Environmental Protection sections 111(d) and 129 of the CAA and
EPA public comment policy,
Agency (EPA). the relevant parts and subparts of the
Code of Federal Regulations (CFR). information about CBI or multimedia
ACTION: Proposed rule. submissions, and general guidance on
DATES: Written comments must be
making effective comments, please visit
daltland on DSKBBV9HB2PROD with PROPOSALS
SUMMARY: The Environmental Protection received on or before February 26, 2018.
http://www2.epa.gov/dockets/
Agency (EPA) is proposing to approve a ADDRESSES: Submit your comments,
commenting-epa-dockets.
Clean Air Act (CAA) section 111(d)/129 identified by Docket ID No. EPA–R08–
plan (the ‘‘plan’’) submitted by the OAR–2017–0698 at http:// FOR FURTHER INFORMATION CONTACT:
Division of Air Quality of the North www.regulations.gov. Follow the online Gregory Lohrke, Air Program, U.S.
Dakota Department of Health (the instructions for submitting comments. Environmental Protection Agency
‘‘Department’’) on June 12, 2014. The Once submitted, comments cannot be (EPA), Region 8, Mail Code 8P–AR,
plan would allow for the edited or removed from 1595 Wynkoop Street, Denver, Colorado
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![3658 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Proposed Rules
V. Statutory and Executive Order country, the rule does not have tribal along with more information about
Review implications and will not impose dockets generally, is available at http://
Under the CAA, the Administrator is substantial direct costs on tribal www.epa.gov/dockets.
required to approve a section 111(d)/129 governments or preempt tribal law as FOR FURTHER INFORMATION CONTACT:
plan submission that complies with the specified by Executive Order 13175 (65 Robert McNally, Biopesticides and
provisions of the Act and applicable FR 67249, November 9, 2000). Pollution Prevention Division (7511P),
federal regulations at 40 CFR 62.04. List of Subjects in 40 CFR Part 62 main telephone number: (703) 305–
Thus, in reviewing section 111(d)/129 7090; email address: BPPDFRNotices@
Environmental protection, Air
plan submissions, the EPA’s role is to epa.gov., Michael Goodis, Registration
pollution control, Commercial and
approve state choices, provided that Division (7505P), main telephone
industrial solid waste incineration,
they meet the criteria of the CAA. number: (703) 305–7090; email address:
Intergovernmental relations, Reporting
Accordingly, this action merely and recordkeeping requirements. RDFRNotices@epa.gov. The mailing
approves state law as meeting federal address for each contact person is:
requirements and does not impose Dated: January 22, 2018. Office of Pesticide Programs,
additional requirements beyond those Douglas H. Benevento, Environmental Protection Agency, 1200
imposed by state law. For that reason, Regional Administrator, Region 8. Pennsylvania Ave. NW, Washington, DC
this action: [FR Doc. 2018–01492 Filed 1–25–18; 8:45 am] 20460–0001.
• Is not a ‘‘significant regulatory BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION:
action’’ subject to review by the Office
of Management and Budget under I. General Information
Executive Orders 12866 (58 FR 51735, ENVIRONMENTAL PROTECTION A. Does this action apply to me?
October 4, 1993) and 13563 (76 FR 3821, AGENCY
January 21, 2011); You may be potentially affected by
• Is not expected to be an Executive 40 CFR Part 180 this action if you are an agricultural
Order 13771 regulatory action because [EPA–HQ–OPP–2017–0006; FRL–9971–46] producer, food manufacturer, or
this action is not significant under pesticide manufacturer. The following
Executive Order 12866; Receipt of Several Pesticide Petitions list of North American Industrial
• Does not impose an information Filed for Residues of Pesticide Classification System (NAICS) codes is
collection burden under the provisions Chemicals in or on Various not intended to be exhaustive, but rather
of the Paperwork Reduction Act (44 Commodities provides a guide to help readers
U.S.C. 3501 et seq.); determine whether this document
AGENCY: Environmental Protection applies to them. Potentially affected
• Is certified as not having a Agency (EPA).
significant economic impact on a entities may include:
ACTION: Notice of filing of petitions and • Crop production (NAICS code 111).
substantial number of small entities request for comment.
under the Regulatory Flexibility Act (5 • Animal production (NAICS code
U.S.C. 601 et seq.); SUMMARY: This document announces the 112).
• Does not contain any unfunded Agency’s receipt of several initial filings • Food manufacturing (NAICS code
mandate or significantly or uniquely of pesticide petitions requesting the 311).
affect small governments, as described establishment or modification of • Pesticide manufacturing (NAICS
in the Unfunded Mandates Reform Act regulations for residues of pesticide code 32532).
of 1995 (Pub. L. 104–4); chemicals in or on various commodities. If you have any questions regarding
• Does not have federalism DATES: Comments must be received on the applicability of this action to a
implications as specified in Executive or before February 26, 2018. particular entity, consult the person
Order 13132 (64 FR 43255, August 10, ADDRESSES: Submit your comments, listed under FOR FURTHER INFORMATION
1999); identified by docket identification (ID) CONTACT for the division listed at the
• Is not an economically significant number and the pesticide petition end of the pesticide petition summary of
regulatory action based on health or number (PP) of interest as shown in the interest.
safety risks subject to Executive Order body of this document, by one of the B. What should I consider as I prepare
13045 (62 FR 19885, April 23, 1997); following methods: my comments for EPA?
• Is not a significant regulatory action • Federal eRulemaking Portal: http://
subject to Executive Order 13211 (66 FR www.regulations.gov. Follow the online 1. Submitting CBI. Do not submit this
28355, May 22, 2001); instructions for submitting comments. information to EPA through
• Is not subject to requirements of Do not submit electronically any regulations.gov or email. Clearly mark
section 12(d) of the National information you consider to be the part or all of the information that
Technology Transfer and Advancement Confidential Business Information (CBI) you claim to be CBI. For CBI
Act of 1995 (15 U.S.C. 272 note) because or other information whose disclosure is information in a disk or CD–ROM that
application of those requirements would restricted by statute. you mail to EPA, mark the outside of the
be inconsistent with the CAA; and, • Mail: OPP Docket, Environmental disk or CD–ROM as CBI and then
• Is not subject to Executive Order Protection Agency Docket Center (EPA/ identify electronically within the disk or
12898 (59 FR 7629, February 16, 1994) DC), (28221T), 1200 Pennsylvania Ave. CD–ROM the specific information that
daltland on DSKBBV9HB2PROD with PROPOSALS
because it does not establish an NW, Washington, DC 20460–0001. is claimed as CBI. In addition to one
environmental health or safety standard. • Hand Delivery: To make special complete version of the comment that
In addition, this proposed rule is not arrangements for hand delivery or includes information claimed as CBI, a
approved to apply on any Indian delivery of boxed information, please copy of the comment that does not
reservation land or in any other area follow the instructions at http:// contain the information claimed as CBI
where the EPA or an Indian tribe has www.epa.gov/dockets/contacts.html. must be submitted for inclusion in the
demonstrated that a tribe has Additional instructions on public docket. Information so marked
jurisdiction. In those areas of Indian commenting or visiting the docket, will not be disclosed except in
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Document Created: 2018-10-26 10:04:35
Document Modified: 2018-10-26 10:04:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before February 26, 2018. | |
| 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] | |
| FR Citation | 83 FR 3656 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Commercial and Industrial Solid Waste Incineration; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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