35406 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations 

1EPA Document ID No. EPA–R08–OAR–2021– 

0187–0002, available at www.regulations.gov. 

Rule title 

State 

effective 

date 

Final rule citation, date Comments 

*******

Summary of Criteria Pollutant Attainment Plans 

Ozone (8-hour, 2015) Uinta Basin, Northern Wasatch 

Front and Southern Wasatch Front 2017 Base Year 

Inventories.

7/29/2020 7/6/2021, [insert Federal Register citation].

[FR Doc. 2021–14195 Filed 7–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 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 and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–TRM, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6396, 

email address: lohrke.gregory@epa.gov. 

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 


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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations 35407 

established in 40 CFR part 60, subpart 

DDDD. 

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 www.regulations.gov, 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: 

• 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 an Executive Order 13771 (82 

FR 9339, February 2, 2017) 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, 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 

• 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: 


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35408 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart JJ—North Dakota 

■ 2. Revise §§ 62.8600, 62.8601, and 

62.8602 to read as follows: 

§ 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 

§ 62.8700), submitted by the State on 

July 28, 2020. 

§ 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. 

§ 62.8602 Effective date. 

The effective date of the plan for 

existing municipal solid waste landfills 

is August 5, 2021. 

■ 3. Revise § 62.8610 to read as follows: 

§ 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. 

§§ 62.8611 and 62.8612 [Removed] 

■ 4. Remove §§ 62.8611 and 62.8612. 

■ 5. Revise §§ 62.8630, 62.8631, and 

62.8632 to read as follows: 

§ 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 

§ 62.8700), submitted by the State on 

July 28, 2020. 

§ 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. 

§ 62.8632 Effective date. 

The effective date of the plan for 

existing commercial and industrial solid 

waste incineration units is August 5, 

2021. 

■ 6. Add an undesignated center 

heading and § 62.8700 to read as 

follows: 

Incorporation by Reference 

§ 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 fedreg.legal@

nara.gov or go to: www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(b) State of North Dakota, Legislative 

Council, 600 E Boulevard Ave., 

Bismarck, ND 58505–0360, (701) 328– 

2916, https://legis.nd.gov/agency-rules/ 

north-dakota-administrative-code; 

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 § 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 § 62.8630. 

[FR Doc. 2021–14198 Filed 7–2–21; 8:45 am] 

BILLING CODE 6560–50–P 


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