[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Proposed Rules]
[Pages 48485-48487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16670]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R06-OAR-2020-0357; FRL-10012-53-Region 6]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Arkansas, New Mexico, and
Albuquerque-Bernalillo County, New Mexico; Control of Emissions From
Existing Commercial and Industrial Solid Waste Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is notifying the public that we
have received CAA section 111(d)/129 negative declarations from
Arkansas, New Mexico, and Albuquerque-Bernalillo County, New Mexico,
for existing incinerators subject to the Commercial and Industrial
Solid Waste Incineration units (CISWI) emission guidelines (EG). These
negative declarations certify that incinerators subject to CISWI EG and
the requirements of sections 111(d) and 129 of the CAA do not exist
within the jurisdictions of Arkansas, New Mexico, and Albuquerque-
Bernalillo County. The EPA is proposing to accept the negative
declarations and amend the CFR in accordance with the requirements of
the CAA.
DATES: Written comments must be received on or before September 10,
2020.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0357, at https://www.regulations.gov or via email to ruan-lei.karolina@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
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, please contact Karolina Ruan Lei, (214)
665-7346, ruan-lei.karolina@epa.gov. For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, EPA Region 6
Office, Air and Radiation Division--State Planning and Implementation
Branch, (214) 665-7346, ruan-lei.karolina@epa.gov. Out of an abundance
of caution for members of the public and our staff, the EPA Region 6
office will be closed to the public to reduce the risk of transmitting
COVID-19. We encourage the public to submit comments via https://www.regulations.gov, as there will be a delay in processing mail and no
courier or hand deliveries will be accepted. Please call or email the
contact listed above if you need
[[Page 48486]]
alternative access to material indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Sections 111(d) and 129 of the CAA require states to submit plans
to control certain pollutants (designated pollutants) at existing solid
waste combustor facilities (designated facilities) whenever standards
of performance have been established under section 111(b) for new
sources of the same type, and the EPA has established emission
guidelines for such existing sources. CAA section 129 directs the EPA
to establish standards of performance for new sources (NSPS) and
emissions guidelines (EG) for existing sources for each category of
solid waste incinerator specified in CAA section 129. Under CAA section
129, NSPS and EG must contain numerical emissions limitations for
particulate matter, opacity (as appropriate), sulfur dioxide, hydrogen
chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury,
and dioxins and dibenzofurans. While NSPS are directly applicable to
new sources (affected facilities), EG for existing sources (designated
facilities) are intended for states to use to develop a state plan to
submit to the EPA. Once approved by the EPA, the state plan becomes
federally enforceable. If a state does not submit an approvable state
plan to the EPA, the EPA is responsible for developing, implementing,
and enforcing a federal plan.
The regulations at 40 CFR part 60, subpart B, contain general
provisions applicable to the adoption and submittal of state plans for
controlling designated pollutants from designated facilities.
Additionally, 40 CFR part 62, subpart A, provides the procedural
framework by which the EPA will approve or disapprove such plans
submitted by a state. When designated facilities are located in a
state, the state must then develop and submit a plan for the control of
the designated pollutant(s). However, 40 CFR 60.23(b) and 40 CFR 62.06
provide that if there are no designated facilities of the designated
pollutant(s) in the state, the state may submit a letter of
certification to that effect (i.e., negative declaration) in lieu of a
plan. The negative declaration exempts the state from the requirements
of subpart B that require the submittal of a CAA section 111(d)/129
plan.
On December 1, 2000, EPA promulgated the CISWI NSPS at 40 CFR part
60, subpart CCCC, and the CISWI EG at 40 CFR part 60, subpart DDDD (65
FR 75338). On March 21, 2011, after voluntarily remanding the 2000
CISWI NSPS and EG, the EPA promulgated final CISWI NSPS and EG (76 FR
15704). Correspondingly, on the same date, EPA promulgated a final rule
under the Resource Conservation and Recovery Act (RCRA) to identify
which non-hazardous secondary materials, when used as fuels or
ingredients in combustion units, are ``solid wastes'' (76 FR 15456).\1\
EPA subsequently promulgated amendments to both rules on February 7,
2013: Commercial and Industrial Solid Waste Incineration Units:
Reconsideration and Final Amendments; Non-Hazardous Secondary Materials
That Are Solid Waste; Final Rule (78 FR 9112). Reconsideration of
certain aspects of the final CISWI rule resulted in minor amendments
(81 FR 40956, June 23, 2016).\2\ On April 16, 2019, EPA finalized
further amendments to the CISWI NSPS and EG in order to provide clarity
and address implementation issues (84 FR 15846).\3\
---------------------------------------------------------------------------
\1\ See 40 CFR part 241, Solid Wastes Used as Fuels or
Ingredients in Combustion Units, also known as the ``Non-Hazardous
Secondary Material Rule.'' The identification of solid waste in the
Non-Hazardous Secondary Material Rule is used to determine whether a
combustion unit is required to meet the emissions standards for
solid waste incineration units issued under sections 111 and 129 of
the Act, or meet the emissions standards for commercial, industrial,
and institutional boilers issued under section 112 of the Act.
\2\ In the June 23, 2016, final action, the EPA finalized
amendments on these four topics: Definition of ``continuous emission
monitoring system (CEMS) data during startup and shutdown periods;''
particulate matter (PM) limit for the waste-burning kiln
subcategory; fuel variability factor (FVF) for coal-burning energy
recovery units (ERUs); and the definition of ``kiln.''
\3\ In the April 16, 2016, final action, the EPA made technical
amendments to correct and clarify various parts of the June 23, 2016
final rule; this includes issues with implementation of the
standards, testing and monitoring issues and inconsistencies, and
other regulatory provisions.
---------------------------------------------------------------------------
The CISWI NSPS and EG were significantly revised in the February 7,
2013, rulemaking, and the subsequent final rulemakings on June 23,
2016, and April 16, 2019, contained minor amendments to the CISWI rules
that did not make any changes to the applicability of the designated
facilitates, including 40 CFR 60.2505, ``Am I affected by this
subpart?''. As provided by 40 CFR 60.2505, the designated facilities to
which the CISWI EG apply are CISWI and air curtain incinerators (ACI)
\4\ that commenced construction on or before June 4, 2010, or for which
modification or reconstruction was commenced on or before August 7,
2013, with limited exceptions as provided under 40 CFR 60.2555.
---------------------------------------------------------------------------
\4\ These air curtain incinerators (ACI) that are subject to the
CISWI EG at 40 CFR part 60, subpart DDDD, are those ACI that may not
fit the definition of a ``CISWI'' under the CISWI EG. See 40 CFR
60.2875.
---------------------------------------------------------------------------
In order to fulfill obligations under CAA sections 111(d) and 129,
the Arkansas Department of Environmental Quality (ADEQ), New Mexico
Environment Department (NMED), and City of Albuquerque Environmental
Health Department (AEHD) submitted negative declarations for
incinerators subject to the CISWI EG for their individual air pollution
control jurisdictions.\5\ The submittal of these negative declarations
exempts Arkansas and New Mexico (including Albuquerque-Bernalillo
County) from the requirement to submit a state plan under 40 CFR part
60, subpart DDDD.
---------------------------------------------------------------------------
\5\ These CISWI negative declarations from ADEQ, NMED and AEHD
do not cover sources located in Indian country.
---------------------------------------------------------------------------
ADEQ, NMED and AEHD each determined that there are no existing
incinerators subject to the CISWI EG in accordance with CAA sections
111(d) and 129 requirements in their individual air pollution control
jurisdictions. In order to fulfill obligations under CAA sections
111(d) and 129, ADEQ, NMED and AEHD submitted negative declaration
letters to the EPA on April 26, 2017, June 15, 2020, and March 4, 2020,
respectively. A copy of each negative declaration letter is included in
the docket for this rulemaking (Docket No. EPA-R06-OAR-2020-0357).
II. Proposed Action
The EPA is proposing to acknowledge receipt of the negative
declaration letters from Arkansas, New Mexico, and Albuquerque-
Bernalillo County, New Mexico, and amend 40 CFR part 62 in accordance
with the requirements at 40 CFR 60.23(b), 40 CFR 62.06, 40 CFR 60.2510,
40 CFR 60.2530, and sections 111(d) and 129 of the CAA. These negative
declarations submitted by ADEQ, NMED, and AEHD certify that there are
no existing incinerators subject to 40 CFR part 60, subpart DDDD, in
their respective jurisdictions. If a designated facility (i.e.,
existing incinerators subject to the CISWI EG) is later found within
the aforementioned jurisdictions after publication of a final action,
then the overlooked facility will become subject to the requirements of
the federal plan for that designated facility. The federal plan will no
longer apply if we subsequently receive and approve the section 111(d)/
129 plan from the jurisdiction with the overlooked facility.
[[Page 48487]]
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a CAA
section 111(d)/129 submission that complies with the provisions of the
Act and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C.
7429; 40 CFR part 60, subparts B and DDDD; and 40 CFR part 62, subpart
A. With regard to negative declarations for designated facilities
received by the EPA from states, the EPA's role is to notify the public
of the receipt of such negative declarations and revise 40 CFR part 62
accordingly. 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, 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
Does not provide the 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).
This rule also does not have Tribal implications because it will
not have a substantial direct effect on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements, Waste treatment and disposal.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 28, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-16670 Filed 8-10-20; 8:45 am]
BILLING CODE 6560-50-P